Public Law 91–656

Section 5301 of title 5, United States Code, is amended to read as follows:

Ҥ5301. Policy

“(a)“(a)

It is the policy of Congress that Federal pay fixing for employees under statutory pay systems be based on the principles that—

“(1)“(1)

there be equal pay for substantially equal work;

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“(2)“(2)

pay distinctions be maintained in keeping with work and performance distinctions;

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“(3)“(3)

Federal pay rates be comparable with private enterprise pay rates for the same levels of work; and

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“(4)“(4)

pay levels for the statutory pay systems be interrelated.

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“(b)“(b)

The pay rates of each statutory pay system shall be fixed and adjusted in accordance with the principles under subsection (a) of this

Infra.

“Statutory pay system.”

5 USC 5331.

section and the provisions of sections 5305, 5306, and 5308 of this title.

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“(c)“(c)

For the purpose of this subchapter, ‘statutory pay system’ means a pay system under—

“(1)“(1)

subchapter III of this chapter, relating to the General Schedule;

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“(2)“(2)

subchapter IV of chapter 14 of title 22, relating to the Foreign Service of the United States; or

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“(3)“(3)

chapter 73 of title 38, relating to the Department of Medicine and Surgery, Veterans’ Administration.”.

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Subchapter I of chapter 53 of title 5, United States

5 USC 5301–5304.

Code, is amended by adding at the end thereof the following:

Ҥ5305. Annual pay reports and adjustments

“(a)“(a)

In order to carry out the policy stated in section 5301 of this title, the President shall—

“(1)“(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)“(A)

compares the rates of pay of the statutory pay systems with the rates of pay for the same levels of work in private enterprise as determined on the basis of appropriate annual surveys that shall be conducted by the Bureau of Labor Statistics;

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“(B)“(B)

makes recommendations for appropriate adjustments in rates of pay; and

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“(C)“(C)

includes the views and recommendations submitted under the provisions of subsection (b) of this section;

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“(2)“(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

Post, p. 1949.

rates of pay of each statutory pay system in accordance with the principles under section 5301(a) of this title, effective as of the

Ante, p. 1946.

beginning of the first applicable pay period commencing on or after October 1 of the applicable year; and

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“(3)“(3)

transmit to Congress a report of the pay adjustment, together

Report to Congress.

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.

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“(b)“(b)

In carrying out its functions under subsection (a)(1) of this

Federal Employees Pay Council.

Establishment.

section, the President’s agent shall—

“(1)“(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 lie 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;

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“(2)“(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)“(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);

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“(B)“(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

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“(C)“(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;

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“(3)“(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

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“(4)“(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, and by employee organizations not represented on that Council.

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“(c)“(c)

(1)(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 us lie considers appropriate, together with the reasons therefor, in lieu of the pay adjustments required by subsection (a) of this section.

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“(2)“(2)

An alternative plan transmitted by the President under paragraph (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 shall 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 nut 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.

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“(d)“(d)

Subsections (e)–(k) of this section are enacted by Congress—

“(1)“(1)

as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such they are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in the House in the ease of resolutions described by this section; and they supersede other rules only to the extent that they are inconsistent therewith; and

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“(2)“(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.

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“(e)“(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.

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“(f)“(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.

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“(g)“(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.

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“(h)“(h)

When the committee has reported, or has been discharged from further consideration of, a resolution with respect to an alternative 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.

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“(i)“(i)

Debate on the resolution is limited to not more than 2 hours, to he 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.

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“(j)“(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,

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“(k)“(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 ease may be, to the procedure relating to a resolution with respect to an alternative plan are decided without debate.

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“(l)“(l)

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.

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“(m)“(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.

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“(n)“(n)

The rates of pay that take effect under this sect ion shall modify, supersede, or render inapplicable, as the case may be, to the extent inconsistent, t herewith—

“(1)“(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

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“(2)“(2)

any prior recommendations or adjustments which took effect under this section or prior provisions of law.

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“(o)“(o)

The rates of pay that take effect under this section shall be

Publication in Federal Register and Code of Federal Regulations.

printed in the Federal Register and the Code of Federal Regulations.

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“(p)“(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.

80 Stat. 469; 81 Stat. 199.

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“(q)“(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.

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“(r)“(r)

This section does not impair any authority pursuant to which rates of pay may be fixed by administrative action.

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Ҥ5306. Advisory Committee on Federal Pay

“(a)“(a)

There is established as an independent establishment an

Establishment; membership.

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 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.

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“(b)“(b)

To assist the President in carrying out the policy under section

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5301 of this title, the Committee shall—

“(1)“(1)

review the annual report of the President’s agent;

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“(2)“(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

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“(3)“(3)

report its findings and recommendations to the President.

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“(c)“(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.

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“(d)“(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.

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“(e)“(e)

The Administrator of General Services shall provide administrative support, services for the Committee on a reimbursable basis.

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“(f)“(f)

The Committee may obtain services of experts or consultants in

80 Stat. 416.

accordance with section 31(19 of this title but at rates for individuals not to exceed that of the highest rate of basic pay then currently being

5 USC 5332 note.

paid under the General Schedule of subchapter III of this chapter.

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“(g)“(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

83 Stat. 863.

5 USC 5315.

80 Stat. 499.

Schedule for each day he is engaged on work of the Committee, and is entitled to travel expenses, including a per diem allowance, in accordance with section 5703(b) of this title.

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“(h)“(h)

The Committee may appoint and fix the pay of such personnel as may be necessary to carry out its functions.

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Ҥ5307. Pay fixed by administrative action

“(a)“(a)

Notwithstanding section 665 of title 31—

“(1)“(1)

the rates of pay of—

“(A)“(A)

employees in the legislative, executive, and judicial branches of the Government of the United States (except employees whose pay is disbursed by the Secretary of the Senate or the Clerk of the House of Representatives) and of the government of the District of Columbia, whose rates of pay are fixed by administrative action under law and are not otherwise adjusted under this subchapter;

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“(B)“(B)

employees under the Architect of the Capitol, whose

73 Stat. 407; 81 Stat. 638, 775.

rates of pay are fixed under section 166b–3 of title 40, and the Superintendent, of Garages, House office buildings; and

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“(C)“(C)

persons employed by the county committees established

52 Stat. 31; 78 Stat. 743.

under section 59011(b) of title 16; and

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“(2)“(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

5 USC 5332.

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 5395 of this title, by whichever of the following methods the

Ante, p. 1946

appropriate authority concerned considers appropriate—

“(i)“(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;

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“(ii)“(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

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“(iii)“(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.

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“(b)“(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.

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“(c)“(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.

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“(d)“(d)

This section does not impair any authority under which rates of pay may be fixed by administrative action.

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Ҥ5308. 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.”.

83 Stat. 863.

5 USC 5316.

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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:

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

Initial adjustment, effective date.

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 first day of the first applicable pay period that begins on or after January 1, 1971, and January 1, 1972, respectively. Notwithstanding

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the provisions of such subchapter I, the President’s agent for purposes of the 1971 and 1972 adjustments shall be the Director, Office of Management and Budget and the Chairman, United States Civil

Exception.

Service Commission. Adjustments under the provisions of such subchapter I shall not apply to employees of the Post Office Department whose basic pay is fixed under the General Schedule.

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—

by percentages which are equal or equivalent, insofar as practicable and with such exceptions as may be necessary to provide for appropriate pay relationships between positions, to the percentages of the adjustments made by the President under such section 5305 for corresponding rates of pay for employees subject to the General Schedule

5 USC 5332 note.

contained in section 5332 of such title. Such rates, limitations, and allowances adjusted by the President pro tempore shall become effective on the first day of the first pay period which begins on or after the day on which any adjustment becomes effective under such section 5305 or section 3 (c) of this Act.

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.

Nothing in this section shall impair any authority pursuant to which rates of pay may be fixed by administrative action.

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

83 Stat. 863.

“Personnel.”

Code.

For purposes of this section, the term “personnel” does not include any Senator.

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—

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

64 Stat. 765.

authority considers appropriate.

Nothing in this section shall impair any authority pursuant to which rates of pay may be fixed by administrative action.

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.

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.

83 Stat. 863.

Section 5942 of title 5, United States Code, is amended to

80 Stat. 513; 81 Stat. 207.

read as follows:

Ҥ5942. 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 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.”.

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Notwithstanding section 5536 of title 5, United States Code, and the amendment made by subsection (a) of this section, and until the effective date of regulations prescribed by the President under such amendment—

The table of sections of subchapter IV of chapter 59 of title 5, United States Code, is amended by striking out:

and inserting in lieu thereof:

Subchapter IV of chapter 59 of title 5, United States

5 USC 5941.

Code, is amended by adding at the end thereof the following new section:

Ҥ5947. Quarters, subsistence, and allowances for employees of the Corps of Engineers, Department of the Army, engaged in floating plant operations

“(a)“(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.

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“(b)“(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)“(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

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“(2)“(2)

quarters or subsistence, or both, are not. available on the vessel while it is undergoing repairs.

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“(c)“(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.”.

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The table of sections of subchapter IV of chapter 59 of title 5, United States Code, is amended by adding:

immediately below:

The Act entitled “An Act to authorize the furnishing of subsistence

Repeal.

and quarters without charge to employees of the Corps of Engineers engaged on floating plant operations”, approved May 13, 1955 (69 Stat. 48; Public Law 35, Eighty-fourth Congress), is repealed.

Section 410(b)(1) of title 39, United States Code, as enacted by section 2 of the Postal Reorganization Act (84 Stat. 725; Public Law 91–375), is amended—

The provisions of this section shall become effective on the

Effective date.

effective date prescribed under section 15(a) of the Postal Reorganization Act for section 410 of title 39, United States Code, as enacted by

Ante, p. 787.

that Act.

Section 5108(c) of title 5, United States Code, is

Ante, pp. 1619 1889.

amended—

Section 5108(a) of title 5, United States Code, is amended by

Ante, p. 51.

striking out “2,734” and inserting in lieu thereof “2,754”.