of Fry Consultants, Inc., and a member of the 1968 Commission on Executive, Legislative, and Judicial Salaries. During the coming year we probably will commission studies of one or more issues that have special significance for Federal pay. EXPENDITURES IN FISCAL 1973 Mr. STEED. Thank you, Mr. Rosow. How much money are you using to operate this year? Mr. Rosow. Our first year in operation, we have both expenditures and estimates of items which have not yet been billed, which will be slightly under $80,000. Mr. STEED. This is money which was advanced? Mr. Rosow. From the White House special projects appropriation; yes, sir. STATUTORY BASIS OF THE COMMITTEE Mr. STEED. Do you have a copy of the legislation which established the committee? Mr. Rosow. I do, Mr. Chairman. Mr. STEED. Did the President have to issue an executive order in order that the committee could begin its work? Mr. Rosow. Public Law 91-656 was sufficient, which the 91st Congress passed January 8, 1971. It is H.R. 13000, known as the Federal Pay Comparability Act of 1970. This did, in effect, establish the agency and did not place any appropriation ceiling on our activities. It was not implemented by Executive order. Mr. STEED. At this point, without objection, a copy of the act will be inserted in the record. [The information follows:] Public Law 91-656 An Act To amend title 5, United States Code, to authorize the President to adjust the rates for the statutory pay systems, to establish an Advisory Committee on Federal Pay, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE SECTION 1. This Act may be cited as the "Federal Pay Comparability Act of 1970". RESTATEMENT OF CONGRESSIONAL POLICY ON FEDERAL PAY COMPARABILITY SEC. 2. (a) Section 5301 of title 5, United States Code, is amended to read as follows: "§ 5301. Policy "(a) It is the policy of Congress that Federal pay fixing for employees under statutory pay systems be based on the principles that"(1) there be equal pay for substantially equal work; "(2) pay distinctions be maintained in keeping with work and performance distinctions; "(3) Federal pay rates be comparable with private enterprise pay rates for the same levels of work; and (4) pay levels for the statutory pay systems be interrelated. "(b) The pay rates of each statutory pay system shall be fixed and adjusted in accordance with the principles under subsection (a) of this section and the provisions of sections 5305, 5306, and 5308 of this title. "(c) For the purpose of this subchapter, 'statutory pay system' means a pay system under "(1) subchapter III of this chapter, relating to the General Schedule; "(2) subchapter IV of chapter 14 of title 22, relating to the Foreign Service of the United States; or "(3) chapter 73 of title 38, relating to the Department of Medicine and Surgery, Veterans' Administration.". (b) (1) Section 5302 of title 5, United States Code, is repealed. (2) The table of sections of subchapter I of chapter 53 of title 5, United States Code, is amended by striking out: "5302. Annual reports on pay comparability.". ANNUAL PAY REPORTS AND ADJUSTMENTS; ADVISORY COMMITTEE ON SEC. 3. (a) Subchapter I of chapter 53 of title 5, United States "§ 5305. Annual pay reports and adjustments "(a) In order to carry out the policy stated in section 5301 of this title, the President shall "(1) direct such agent as he considers appropriate to prepare and submit to him annually, after considering such views and recommendations as may be submitted under the provisions of subsection (b) of this section, a report that "(A) compares the rates of pay of the statutory pay systems with the rates of pay for the same levels of work in 4 STAT. 1947 Post, p. 1949. Ente, p. 1946. Report to Federal Establishment. - 2 Pub. Law 91-656 January 8, 1971 private enterprise as determined on the basis of appropriate annual surveys that shall be conducted by the Bureau of Labor Statistics; "(B) makes recommendations for appropriate adjustments in rates of pay; and "(C) includes the views and recommendations submitted under the provisions of subsection (b) of this section; "(2) after considering the report of his agent and the findings and recommendations of the Advisory Committee on Federal Pay reported to him under section 5306 (b) (3) of this title, adjust the rates of pay of each statutory pay system in accordance with the principles under section 5301 (a) of this title, effective as of the beginning of the first applicable pay period commencing on or after October 1 of the applicable year; and "(3) transmit to Congress a report of the pay adjustment, together with a copy of the report submitted to him by his agent and the findings and recommendations of the Advisory Committee on Federal Pay reported to him under section 5306(b)(3) of this title. "(b) In carrying out its functions under subsection (a)(1) of this section, the President's agent shall "(1) establish a Federal Employees Pay Council of 5 members who shall not be deemed to be employees of the Government of the United States by reason of appointment to the Council and shall not receive pay by reason of service as members of the Council, who shall be representatives of employee organizations which represent substantial numbers of employees under the statutory pay systems, and who shall be selected with due consideration to such factors as the relative numbers of employees represented by the various organizations, but no more than 3 members of the Council at any one time shall be from a single employee organization, council, federation, alliance, association, or affiliation of employee organizations; "(2) provide for meetings with the Federal Employees Pay Council and give thorough consideration to the views and recommendations of the Council and the individual views and recommendations, if any, of the members of the Council regarding "(A) the coverage of the annual survey conducted by the Bureau of Labor Statistics under subsection (a)(1) of this section (including, but not limited to, the occupations, establishment sizes, industries, and geographical areas to be surveyed); "(B) the process of comparing the rates of pay of the statutory pay systems with rates of pay for the same levels of work in private enterprise; and "(C) the adjustments in the rates of pay of the statutory pay systems that should be made to achieve comparability between those rates and the rates of pay for the same leve's of work in private enterprise; "(3) give thorough consideration to the views and recommendations of employee organizations not represented on the Federal Employees Pay Council regarding the subjects in paragraph (2) (A)-(C) of this subsection; and "(4) include in its report to the President the views and recommendations submitted as provided in this subsection by the Federal Employees Pay Council, by any member of that Council, January 8, 1971 - 3.. Pub. Law 91-656 and by employee organizations not represented on that Council. (e) (1) If, because of national emergency or economic conditions affecting the general welfare, the President should, in any year, consider it inappropriate to make the pay adjustment required by subsection (a) of this section, he shall prepare and transmit to Congress before September 1 of that year such alternative plan with respect to a pay adjustment as he considers appropriate, together with the reasons therefor, in lieu of the pay adjustments required by subsection (a) of this section. 84 STAT. 1948 Alternate pla transmittal t Congress. (2) An alternative plan transmitted by the President under para- Effective dat graph (1) of this subsection becomes effective on the first day of the first applicable pay period commencing on or after October 1 of the applicable year and continues in effect unless, before the end of the first period of 30 calendar days of continuous session of Congress after the date on which the alternative plan is transmitted, either House adopts a resolution disapproving the alternative plan so recommended and submitted, in which case the pay adjustments for the statutory pay systems sha'l be made effective as provided by subsection (m) of this section. The continuity of a session is broken only by an adjournment of the Congress sine die, and the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of the 30-day period. "(d) Subsections (e)-(k) of this section are enacted by Congress- "(2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. (e) If the committee, to which has been referred a resolution disapproving the alternative plan of the President, has not reported the resolution at the end of 10 calendar days after its introduction, it is in order to move either to discharge the committee from further consideration of the resolution or to discharge the committee from further consideration of any other resolution with respect to the same plan which has been referred to the committee. "(f) A motion to discharge may be made only by an individual favoring the resolution, is highly privileged (except that it may not be made after the committee has reported a resolution with respect to the same recommendation), and debate thereon is limited to not more than 1 hour, to be divided equally between those favoring and those opposing the resolution. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to. "(g) If the motion to discharge is agreed to, or disagreed to, the motion may not be renewed, nor may another motion to discharge the committee be made with respect to any other resolution with respect to the same alternative plan. "(h) When the committee has reported, or has been discharged from further consideration of, a resolution with respect to an alternative 4 STAT. 1949 Publication in Federal Code of Federal Establishment; membership. Pub. Law 91-656 January 8, 1971 plan, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution. The motion is highly privileged and is not debatable. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to. "(i) Debate on the resolution is limited to not more than 2 hours, to be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is not debatable. An amendment to, or motion to recommit, the resolution is not in order, and it is not in order to move to reconsider the vote by which the resolution is agreed to or disagreed to. (j) Motions to postpone, made with respect to the discharge from committee, or the consideration of, a resolution with respect to an alternative plan, and motions to proceed to the consideration of other business, are decided without debate. "(k) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution with respect to an alternative plan are decided without debate. (1) The rates of pay which become effective under this section are the rates of pay applicable to each position concerned, and each class of positions concerned, under a statutory pay system. "(m) If either House adopts a resolution disapproving an alternative plan submitted under subsection (c) of this section, the President shall take the action required by paragraphs (2) and (3) of subsection (a) of this section and adjust the rates of pay of the statutory pay systems effective as of the beginning of the first applicable pay period commencing on or after the date on which the resolution is adopted, or on or after October 1, whichever is later. "(n) The rates of pay that take effect under this section shall modify, supersede, or render inapplicable, as the case may be, to the extent inconsistent therewith "(1) all provisions of law enacted prior to the effective date or dates of all or part (as the case may be) of the increases; and "(2) any prior recommendations or adjustments which took effect under this section or prior provisions of Jaw. "(o) The rates of pay that take effect under this section shall be printed in the Federal Register and the Code of Federal Regulations. "(p) An increase in rates of pay that takes effect under this section is not an equivalent increase in pay within the meaning of section 5335 of this title. "(q) Any rate of pay under this section shall be initially adjusted, effective on the effective date of the rate of pay, under conversion rules prescribed by the President or by such agencies as the President may designate. "(r) This section does not impair any authority pursuant to which rates of pay may be fixed by administrative action. "§ 5306. Advisory Committee on Federal Pay "(a) There is established as an independent establishment an Advisory Committee on Federal Pay, to be composed of 3 members, not otherwise employed in the Government of the United States, appointed by the President. The Director of the Federal Mediation and Conciliation Service shall, and other interested parties may, recommend to the President for his consideration persons generally recognized for their impartiality, knowledge, and experience in the field |