January 8, 1971 - 5 Pub. Law 91-656 of labor relations and pay policy to serve as members. The President shall designate one of the members as Chairman. Each appointment shall be for a term of 6 years, except that one of the original members shall be appointed for a term of 2 years, and another for a term of 4 years. A member appointed to fill a vacancy occurring before the end of the term of his predecessor shall serve for the remainder of that term. When the term of a member ends, he may continue to serve until his successor is appointed. "(b) To assist the President in carrying out the policy under section 5301 of this title, the Committee shall "(1) review the annual report of the President's agent; "(2) consider such further views and recommendations with respect to the analysis and pay proposals contained in the annual report of the President's agent as may be presented to it in writing by employee organizations, the President's agent, other officials of the Government of the United States, and such experts as it may consult; and (3) report its findings and recommendations to the President. "(c) The Committee may secure from any Executive agency or military department information, suggestions, estimates, statistics, and technical assistance for the purpose of carrying out its functions. Each such Executive agency or military department shall furnish the information, suggestions, estimates, statistics, and technical assistance directly to the Committee on request of the Committee. "(d) On request of the Committee the head of any Executive agency or military department may detail, on a reimbursable basis, any of its personnel to assist the Committee in carrying out its functions. 84 STAT. 1950 Ante, p. 1946. 80 Stat. 416. "(e) The Administrator of General Services shall provide administrative support services for the Committee on a reimbursable basis. "(f) The Committee may obtain services of experts or consultants in accordance with section 3109 of this title but at rates for individuals not to exceed that of the highest rate of basic pay then currently being paid under the General Schedule of subchapter III of this chapter. "(g) Each member of the Committee is entitled to pay at the daily equivalent of the annual rate of basic pay of level IV of the Executive Schedule for each day he is engaged on work of the Committee, and is 83 Stat. 863. entitled to travel expenses, including a per diem allowance, in accordance with section 5703 (b) of this title. "(h) The Committee may appoint and fix the pay of such personnel as may be necessary to carry out its functions. "§ 5307. Pay fixed by administrative action "(A) employees in the legislative, executive, and judicial "(B) employees under the Architect of the Capitol, whose rates of pay are fixed under section 166b-3 of title 40, and the Superintendent of Garages, House office buildings; and "(C) persons employed by the county committees established under section 590h (b) of title 16; and Ante, P. 196-1 5 USC 5315. 80 Stat. 499. 64 Stat. 765. 73 Stat. 407; 81 Stat. 638, 775. 52 Stat. 31; 78 Stat. 743. 84 STAT. 1951 Ante, p. 198-1. Ante, p. 1946. 83 Stat. 863. 5 USC 5316. 80 Stat. 457. Initial adjustment effective date. Pub. Law 91-656 - 6 January 8, 1971 (2) any minimum or maximum rate of pay (other than a maximum rate equal to or greater than the maximum rate then currently being paid under the General Schedule as a result of the pay adjustment by the President), and any monetary limitation on or monetary allowance for pay, applicable to employees described in subparagraphs (A), (B), and (C) of paragraph (1) of this subsection; may be adjusted, by the appropriate authority concerned, effective at the beginning of the first applicable pay period commencing on or after the day on which a pay adjustment becomes effective under section 5305 of this title, by whichever of the following methods the appropriate authority concerned considers appropriate (i) by an amount or amounts not in excess of the pay adjustment provided under section 5305 of this title for corresponding rates of pay in the appropriate schedule or scale of pay; (ii) if there are no corresponding rates of pay, by an amount or amounts equal or equivalent, insofar as practicable and with such exceptions and modifications as may be necessary to provide for appropriate pay relationships between positions, to the amount of the pay adjustment provided under section 5305 of this title; or (iii) in the case of minimum or maximum rates of pay, or monetary limitations or allowances with respect to pay, by an amount rounded to the nearest $100 and computed on the basis of a percentage equal or equivalent, insofar as practicable and with such variations as may be appropriate, to the percentage of the pay adjustment provided under section 5305 of this title. (b) An adjustment under subsection (a) of this section in rates of pay, minimum or maximum rates of pay, and monetary limitations or allowances with respect to pay, shall be made in such manner as the appropriate authority concerned considers appropriate. (c) This section does not authorize any adjustment in the rates of pay of employees whose rates of pay are fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates or practices. (d) This section does not impair any authority under which rates of pay may be fixed by administrative action. "§ 5308. Pay limitation "Pay may not be paid, by reason of any provision of this subchapter, at a rate in excess of the rate of basic pay for level V of the Executive Schedule.". (b) The table of sections of subchapter I of chapter 53 of title 5, United States Code, is amended by adding at the end thereof the following: 5305. Annual pay reports and adjustments. (c) The President may make the initial adjustment required by subchapter I of chapter 53 of title 5, United States Code, as amended by this Act, without regard to the provisions of such subchapter relating to the Advisory Committee on Federal Pay and the Federal Employees Pay Council. Notwithstanding any provision of such subchapter I prescribing an effective date of October 1 for any pay adjustment made by the President, the initial adjustment based on the 1970 Bureau of Labor Statistics survey and the adjustment based on the 1971 Bureau of Labor Statistics survey shall become effective on the January 8, 1971 7. Pub. Law 91-656 84 STAT. 1952 first day of the first applicable pay period that begins on or after January 1, 1971, and January 1, 1972, respectively. Notwithstanding the provisions of such subchapter I, the President's agent for purposes Ante, p. 1946. of the 1971 and 1972 adjustments shall be the Director, Office of Management and Budget and the Chairman, United States Civil Service Commission. Adjustments under the provisions of such sub- Exception. chapter I shall not apply to employees of the Post Office Department whose basic pay is fixed under the General Schedule. SENATE PAY ADJUSTMENTS SEC. 4. (a) Each time the President adjusts the rates of pay of employees under section 5305 of title 5, United States Code, the President pro tempore of the Senate shall, as he considers appropriate (1)(A) adjust the rates of pay of personnel whose pay is disbursed by the Secretary of the Senate, and any minimum or maximum rate applicable to any such personnel; or (B) in the case of such personnel whose rates of pay are fixed by or pursuant to law at specific rates, adjust such rates (including the adjustment of such specific rates to maximum pay rates) and, in the case of all other personnel whose pay is disbursed by the Secretary of the Senate, adjust only the minimum or maximum rates applicable to such other personnel; and (2) adjust any limitation or allowance applicable to such personnel; by percentages which are equal or equivalent, insofar as practicable (b) The adjustments made by the President pro tempore shall be made in such manner as he considers advisable and shall have the force and effect of law. (c) Nothing in this section shall impair any authority pursuant to which rates of pay may be fixed by administrative action. (d) No rate of pay shall be adjusted under the provisions of this section to an amount in excess of the rate of basic pay for level V of the Executive Schedule contained in section 5316 of title 5, United States Code. 198-1. 83 Stat. 863, (e) For purposes of this section, the term "personnel" does not "Personnel." include any Senator. PAY ADJUSTMENTS IN THE HOUSE OF REPRESENTATIVES SEC. 5. (a) Whenever a pay adjustment by the President under section 5305 of title 5, United States Code, is made effective pursuant to subsection (a)(2), or subsections (c) to (m), inclusive, as the case may be, of such section 5305, or section 3(c) of this Act, then the Clerk of the House of Representatives, in such manner as he considers advisable (1) effective at the beginning of the first pay period com- Effective date. mencing on or after the day on which such pay adjustment by the President is made effective as described above, shall adjust 84 STAT. 1953 Ante, p. 198-1. 64 Stat. 765. 83 Stat. 863. 80 Stat. 513; 81 Stat. 207. Pub. Law 91-656 - 8 January 8, 1971 (A) each minimum and maximum rate of pay applicable to any employce or class of employees whose pay is disbursed by the Clerk of the House (other than a maximum rate equal to or greater than the maximum rate then currently being paid under the General Schedule of section 5332 of title 5, United States Code, as a result of such pay adjustment by the President); and (B) each monetary limitation on or monetary allowance for pay applicable to any such employee or class of employees, including but not limited to— (i) the clerk hire allowance for each Member of the House of Representatives and the Resident Commissioner from Puerto Rico; and (ii) the allowances for additional office personnel in the offices of the Speaker, the majority leader, the minority leader, the majority whip, and the minority whip, of the House of Representatives; by an amount rounded to the nearest $100 and computed on the basis of a percentage equal or equivalent, insofar as practicable and with such variations as the Clerk considers appropriate, to the percentage of the pay adjustment made by the President; (2) shall determine, with respect to the employees and classes of employees within the purview of this section whose pay is disbursed by the Clerk, the respective amounts of pay adjustments which are equal or equivalent, insofar as practicable and with such exceptions and modifications as may be necessary to provide for appropriate pay relationships between positions, to corresponding increases in pay, as determined by the Clerk, made by the pay adjustment by the President; and (3) shall transmit to the appropriate pay-fixing authority concerned in the House of Representatives a copy of his determinations with respect to the pay of those employees whose pay is fixed and adjusted by that authority. (b) After consideration of the pay determinations transmitted by the Clerk of the House, the pay-fixing authority concerned may adjust, notwithstanding the provisions contained in section 665 of title 31, United States Code, the rates of pay concerned in such manner as that authority considers appropriate. (c) Nothing in this section shall impair any authority pursuant to which rates of pay may be fixed by administrative action. (d) This section shall not be deemed to authorize any adjustment in the rates of pay of employees whose rates of pay are disbursed by the Clerk of the House of Representatives and are fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates or practices, including employees subject to the House Wage Schedule. (e) No rate of pay shall be adjusted under this section to an amount in excess of the rate of basic pay of level V of the Executive Schedule contained in section 5316 of title 5, United States Code. ALLOWANCES AT REMOTE WORKSITES SEC. 6. (a) Section 5942 of title 5, United States Code, is amended to read as follows: "§ 5942. Allowance based on duty at remote worksites "Notwithstanding section 5536 of this title, an employee of an Executive department or an independent establishment who is assigned to 94-174 - 73 pt. 4 - 22 January 8, 1971 - 9 Pub. Law 91-656 duty, except temporary duty, at a site so remote from the nearest established communities or suitable places of residence as to require an appreciable degree of expense, hardship, and inconvenience, beyond that normally encountered in metropolitan commuting, on the part of the employee in commuting to and from his residence and such worksite, is entitled, in addition to pay otherwise due him, to an allowance of not to exceed $10 a day. The allowance shall be paid under regulations prescribed by the President establishing the rates at which the allowance will be paid and defining and designating those sites, areas, and groups of positions to which the rates apply.". 84 STAT. 1954 (b) Notwithstanding section 5536 of title 5, United States Code, 80 Stat. 484. and the amendment made by subsection (a) of this section, and until the effective date of regulations prescribed by the President under such amendment (1) allowances may be paid to employees under section 5942 of title 5, United States Code, and the regulations prescribed by the President under such section, as in effect immediately prior to the effective date of this section; and (2) such regulations may be amended or revoked in accordance with such section 5942 as in effect immediately prior to the effective date of this section. (c) The table of sections of subchapter IV of chapter 59 of title 5, United States Code, is amended by striking out: 5942. Allowance based on duty on California offshore islands,or at Nevada Test Site." and inserting in lieu thereof: 5942. Allowance based on duty at remote worksites.". ALLOWANCES FOR EMPLOYEES ON FLOATING PLANT OPERATIONS SEC. 7. (a) Subchapter IV of chapter 59 of title 5, United States Code, is amended by adding at the end thereof the following new section: "S 5947. Quarters, subsistence, and allowances for employees of the Corps of Engineers, Department of the Army, engaged in floating plant operations "(a) An employee of the Corps of Engineers, Department of the Army, engaged in floating plant operations may be furnished quarters or subsistence, or both, on vessels, without charge, when the furnishing of the quarters or subsistence, or both, is determined to be equitable to the employee concerned, and necessary in the public interest, in connection with such operations. (b) Notwithstanding section 5536 of this title, an employee entitled to the benefits of subsection (a) of this section while on a vessel, may be paid, in place of these benefits, an allowance for quarters or subsistence, or both, when "(1) adverse weather conditions or similar circumstances beyond the control of the employee or the Corps of Engineers prevent transportation of the employee from shore to the vessel; or "(2) quarters or subsistence, or both, are not available on the vessel while it is undergoing repairs. "(c) The quarters or subsistence, or both, or allowance in place thereof, may be furnished or paid only under regulations prescribed by the Secretary of the Army.". (b) The table of sections of subchapter IV of chapter 59 of title 5, United States Code, is amended by adding: Ante, p. 1953. 5 USC 5941. |