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STATEMENTS OF APPROPRIATIONS

And the final item under "Joint items" is the "Statements of appropriations," $13,000, which is a joint disbursement item, one-half disbursed by the House and one-half disbursed by the Senate.

Mr. Chairman, this concludes the submission of the budget estimates justifications.

Senator BARTLETT. And everything else in these tables is fixed, immutable, secured in law.

Mr. BRENKWORTH. Yes, sir.

PAY RATE CONVERSION FROM BASIC TO GROSS RATE BASIS

Senator BARTLETT. Mr. Brenkworth, the Legislative Reorganization Act of 1967 contained a provision relating to the conversion of pay rates of Senate employees to a gross rate basis. I understand that you, with the cooperation of the legislative counsel of the Senate and the staff, Committee on Appropriations, have looked into this matter thoroughly, and I wish you would insert into the record the necessary language which will convert the pay system for employees of the Senate from a basic to a gross pay rate system.

The subcommittee in its markup will then be in a position to examine into this matter and determine whether it desires to recommend it to the Senate.

Mr. BRENKWORTH. Yes, sir. As you have said, Mr. Chairman, we have gone into this in quite some detail, and I believe we have solved most of the problems. There is still one major problem which is a policy matter the committee will have to determine. All of this information will be available to the committee staff for insertion into the report slips.

(The information follows:)

CONVERSION OF PAY OF SENATE EMPLOYEES TO AGGREGATE BASIS

Sec. -. (a) (1) Whenever the rate of compensation of any employees whose compensation is disbursed by the Secretary of the Senate is fixed or adjusted on or after the effective date of this section, such rate as so fixed or adjusted shall be a single per annum gross rate which is a multiple of $180.

(2) New or changed rates of compensation of any such employees shall be certified in writing to the disbursing office of the Senate on or before the day on which they are to become effective, except that in the case of any change, other than an appointment, to become effective on or after the first day and prior to the tenth day of any month, such certification may be made at any time not later than the tenth day of such month.

(b) The rate of compensation of each employee whose compensation is disbursed by the Secretary of the Senate which was fixed before the effective date of this section at a basic rate with respect to which additional compensation is payable by law shall be converted as of such date to the lowest per annum gross rate which is a multiple of $180 and which is not less than the aggregate rate of compensation (basic compensation plus additional compensation provided by law) which such employee was receiving immediately prior to such date. Any increments of longevity compensation to which an employee became entitled prior to the effective date of this section under section 106(b) of the Legislative Branch Appropriation Act, 1963, as amended (2 U.S.C. 60j), shall be excluded in converting such employee's rate of compensation under this subsection. but such employee's rate of gross compensation shall be increased by $540 (which shall be considered to be an increase under such section 106(b)) for each such increment.

(c) In any case in which the rate of compensation of any employee or position. or class of employees or positions, the compensation for which is disbursed by

the Secretary of the Senate, or any maximum or minimum rate with respect to any such employee, position, or class, is referred to in or provided by statute or Senate resolution, and the rate so referred to or provided is a basic rate with respect to which additional compensation is provided by law, such statutory provision or resolution shall be deemed to refer, in lieu of such basic rate, to the per annum gross rate which an employee receiving such basic rate immediately prior to the effective date of this section would receive (without regard to such statutory provision or resolution) under subsection (b) on and after such date.

(d) (1) After the effective date of this section, the aggregate of the per annum gross rates of compensation of employees in the office of a Senator shall not at any time exceed

if the population of his State is less than 3,000,000;

if such population is 3,000,000 but less than 4,000,000;
if such population is 4,000,000 but less than 5,000,000;
if such population is 5,000,000 but less than 7,000,000;
if such population is 7,000,000 but less than 9,000,000;
if such population is 9,000,000 but less than 10,000,000;
if such population is 10,000,000 but less than 11,000,000;
if such population is 11,000,000 but less than 12,000,000;
if such population is 12,000,000 but less than 13,000,000;
if such population is 13,000,000 but less than 15,000,000;
if such population is 15,000,000 but less than 17,000,000 ;
if such population is 17,000,000 or more.

(2) Within the limits prescribed by paragraph (1) of this subsection, Senators may fix the number and the rates of compensation of employees in their respective offices. The salary of an employee in a Senator's office shall not be fixed under this paragraph at a gross rate less than $1,080 per annum or in excess of $14.400 per annum, except that (i) the salary of one employee may be fixed at a gross rate of not more than $18,180 per annum, (ii) the salary of one employee may be fixed at a gross rate of not more than $23,580 per annum, (iii) the salary of two employees may be fixed at gross rates of not more than $25,200 per annum, and (iv) the salary of one employee may be fixed at a gross rate of not more than $25,890 per annum. A Senator may establish such title for positions in his office as he may desire to designate, by written notification to the disbursing office of the Senate.

(e) (1) Subject to the provisions of paragraph (3), the professional staff members of standing committees of the Senate shall receive gross annual compensation, to be fixed by the chairman ranging from $14,220 to $23,580. (2) The rates of gross compensation of the clerical staff of each standing committee of the Senate shall be fixed by the chairman as follows:

(A) For each committee (other than the Committee on Appropriations), one chief clerk and one assistant chief clerk at $6,120 to $23,580, and not to exceed four other clerical assistants at $6,120 to $10,620 ; and

(B) For the Committee on Appropriations, one chief clerk and one assistant chief clerk and two assistant clerks at $15,840 to $23,580; such assistant clerks as may be necessary at $10,800 to $15,660; and such other clerical assistants as may be necessary at $6,120 to $10,620.

(3) No employee of any standing or select committee of the Senate (including the majority and minority policy committees and the conference majority and conference minority of the Senate), or of any joint committee the expenses of which are paid from the contingent fund of the Senate, shall be paid at a gross rate in excess of $23,580 per annum, except that—

(A) Two employees of any such committee (other than the Committee on Appropriations), who are otherwise authorized to be paid at such rate, may be paid at gross rates not in excess of $25,200 per annum, and two such employees may be paid at gross rates not in excess of $25,890 per annum ; and

(B) Sixteen employees of the Committee on Appropriations, who are otherwise authorized to be paid at such rate, may be paid at gross rates not in excess of $25,200 per annum, and two such employees may be paid at gross rates not in excess of $25,890 per annum.

For the purpose of this paragraph, an employee of a subcommittee shall be considered to be an employee of the full committee.

(f) No officer or employee whose compensation is disbursed by the Secretary of the Senate shall be paid gross compensation at a rate in excess of $25,890, un

less expressly authorized by law. In any case in which the fixing of any salary rate in multiples as required by this section would result in a rate in excess of the maximum rate specified in this subsection, the rate so fixed shall be reduced to such maximum rate.

(g) The first sentence of section 106(b) of the Legislative Branch Appropriation Act, 1963, as amended (2 U.S.C. 60j) is amended to read as follows: “An employee to whom this section applies shall be paid during any period of continuous service as such an employee additional gross compensation (hereinafter referred to as "longevity compensation") at the rate of $540 per annum for each five years of service performed as such an employee during such period."

(h) Section 5533 (c) of title 5, United States Code, is amended to read as follows:

"(c) (1) Except as provided by paragraph (2) of this subsection, unless otherwise authorized by law, appropriated funds are not available for payment to an individual of pay from more than one position if the aggregate amount of the basic pay from the position exceeds $2,000 a year, and if—

"(A) the pay of one of the positions is paid by the Clerk of the House of Representatives (in the case of employees receiving basic rates of compensation); or

"(B) one of the positions is under the Office of the Architect of the Capitol.

"(2) Unless otherwise authorized by law, appropriated funds are not available for payment to an individual of pay from more than one position if the aggregate (gross) compensation from the position exceeds $5,987 a year, and if the pay of one of the positions is paid by the Secretary of the Senate or the Clerk of the House of Representatives (in the case of employees receiving single per annum rates of compensation)."

(i) (1) The paragraph under the heading "Administrative Provisions" in the provisions relating to the Senate in the Legislative Branch Appropriation Act, 1958 (2 U.S.C. 72a-4), is repealed.

(2) The paragraph relating to the authority of Senators to rearrange the basic salaries of employees in their offices in the Legislative Branch Appropriation Act, 1947, as amended (2 U.S.C. 60f), is repealed.

(3) The paragraph imposing limitations on basic and gross compensation of officers and employees of the Senate appearing under the heading "Senate" in the Legislative Appropriation Act, 1956, as amended (2 U.S.C. 60a note) is repealed.

(4) The paragraph relating to rates of compensation of employees of committees of the Senate, contained in the Legislative Appropriation Act, 1956 as amended (2 U.S.C. 72a-1a), is repealed.

(5) The joint resolution entitled "Joint Resolution providing for a more effective staff organization for standing committees of the Senate", approved February 19, 1947 (2 U.S.C. 72a-1), as amended, is repealed.

(6) Section 4(f) of the Federal Employees Salary Increase Act of 1955, as amended, is repealed.

(j) The rate of compensation of each telephone operator on the United States Capitol telephone exchange and each member of the Capitol Police, whose compensation is disbursed by the Clerk of the House of Representatives shall be converted to a gross rate in accordance with the provisions of this section.

CLERK-HIRE ALLOWANCES OF SENATORS

Senator BARTLETT. I understand from previous conversations with someone on this subject that the problem isn't quite so simple as it might appear on the surface.

Mr. BRENKWORTH. No, sir; it is not. It is quite complicated. One of the major problems is the determination of the clerk-hire allowances of Senators in the conversion. The actual cost of converting appear at this point to be less than 1 percent as far as money is concerned, bat I think the major problem will be a determination of the new allowances on a gross system as opposed to the basic that we have currently.

REVIEW OF REORGANIZATION ACT APPROPRIATION ITEMS (S. 355)

Senator BARTLETT. Mr. Brenkworth, will you please review the Reorganization Act as it passed the Senate, S. 355, and place in the record a paper which will briefly explain those items that will be necessary to provide appropriations for?

Mr. BRENKWORTH. Yes, sir; we can do this, Senator.

I will have that information available to the staff. (The information follows:)

LEGISLATIVE REORGANIZATION ACT

TITLE I

Part 1

Sec. 102(g)-requires each Committee desiring additional funds (for inquiries and investigations) to offer one annual resolution by Jan. 31 of each year. Our present procedure of appropriating an amount compatible to the rate of expenditure and not the full obligational authorization resulting from agreement to these resolutions and covering deficits, if and when they occur, by supplemental appropriations, will not be affected by this change.

90th Cong., 1st sess. authorization (Feb. 1, 1967 thru Jan. 31, 1968) -- $5, 908, 000 Fiscal year 1968 estimate_____

4, 965, 660 Sec. 105(c)-new obligation authorization-a Review Specialist Position for Standing Committees (16) other than Appropriations. Position in the $8,460$23,244.66 class. Amended on floor and placed in $9,060-$25,103.91 class. Effective 30 days after enactment.

At $23, 244. 66
X 16

$371, 914. 66

Annual cost estimate

Including new Committee on Veterans' Affairs, $395, 159.32

At $25, 103. 91
X 16
$401, 662. 56
$426, 766. 47

Part 2

Sec. 121 (q)-creates a new Committee on Veterans Affairs. Effective 30 days after enactment.

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Sec. 301(a)-New obligational authorization-2 additional Professional Staff Members for Standing Committees (other than Appropriations), 16-with Veterans Committee, 17. Effective: Jan. 1, 1968.

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SEC. 301 (c)-new obligational authorization-Minority employees (2 PSM+1 CA) appointed to Standing Committees having no staff vacancies to be paid from contingent fund until such time as a vacancy exists. (Misc. Items)

Funds needed to cover this authorization will depend on number of appointments made when vacancies do not exist as well as the duration of these appointments requiring payment from contingent fund.

Since the appropriation involved, Misc. Items, is a multi purpose appropriation and the need is so indefinite, a cost estimate is not possible. It is suggested that costs in this area which cannot be covered by surpluses in other areas within this appropritaion be covered by deficiency appropriations until a realistic estimate, based on usage, can be made.

202 (j) (i)–(4)-new obligational authorization-specialized training assistance for committee professional staff (limited)-continuance of pay-and/or grants-tuition, expenses.

Committees would be required to obtain Resolution funding-payment to be made from contingent fund-it is presumed these funds would be specified and payments authorized in the annual resolution of the Committee. Payment would be from Inquiries and Investigations and would be funded in the same manner as general investigative authorizations are presently.

Cost indefinite.

Sec. 301 (d)—Metcalf amendment-Increases compensation limitations applicable to Committee staffs:

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