EXECUTIVE, LEGISLATIVE, AND JUDICIAL SALARIES REPORT

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• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75B00380R000500130001-6
• Release Decision: RIFPUB
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• Document Page Count: 11
• Document Creation Date: December 9, 2016
• Document Release Date: September 2, 2001
• Sequence Number: 1
• Publication Date: June 29, 1973
• Content Type: REQ

,QJ10001-6
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aen,ar o
93D CONGRESS
1st Session
SENATE REPORT
No. 93-292
EXECUTIVE, LEGISLATIVE, AND JUDICIAL SALARIES
JUNE 29 (legislative day, JUNE 25) 1973.-Ordered to be printed
Mr. McGEE, from the Committee on Post Office and Civil Service,
submitted the following
REPORT
[To accompany S. 1989]
The Committee on Post Office and Civil Service, to which was
referred the bill (S. 1989) to amend section 225 of the Federal Salary
Act of 1967 with respect to certain executive, legislative, and judicial
salaries. Having considered the same, reports favorably thereon with
out amendment and recommends that the bill do pass.
The primary purpose of this bill is to provide that the report of the
Commission Executive, Legislative, and Judicial Salaries would be
made to the President every other year instead of every four years;
and that the President would likewise make his salary recommenda-
tions to the Congress biennially in the odd-numbered years. The new
reporting and recommending procedure would begin in 1973.
Section 225 of the Federal Salary Act of 1967 establishes a Com-
mission on Executive, Legislative, and Judicial salaries; three members
appointed by the President of the United States, one of whom is
designated as Chairman by the President; two appointed by the
Senate; two appointed by the Speaker of the House; and two appointed
by the Chief Justice of the United Srates. The function of the Salary
Commission, which serves for one fiscal year, is to study and review
the compensation of the top officials of the executive branch under
the Executive Schedule, Members of Congress, and justices, judges,
and certain other personnel of the judicial branch. Under the Act,
the Commission reports its pay recommendations to the President no
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later than the January 1 following the close of the fiscal year in which
the Commission makes its quadrennial pay review. The President
then includes in his next budget to the Congress his recommendations
on the exact rates of pay which he deems advisable for the offices and
positions with which the Salary Commission is concerned. The
President's recommendations become effective at the beginning of the
first pay period following the transmittal of his recommendations,
unless Congress enacts a conflicting la.w or specifically disapproves all
or part of his recommendations.
President Johnson appointed the first Salary Commission in July,
1968, and the Commission reported its recommendations to the Presi-
dent in December of that year. The President's pay recommendations,
made as a part of his January 1969 budget message, became effective,
in accordance with the provisions of law, in March 1969.
The present Commission was appointed by President Nixon in
December, 1172, too late for the Commission to conclude a review and
formulate it report to the President by January 1, 1973. The Com-
rnission's report went to the President June 30, 1973, and, under
present law, the President's recommendations would be sent to the
Congress with his budget message of January, 1974.
S. 1989 would amend existing law to provide that the procedure for
the Commission's reporting to the President and the President's mak-
ing recommendations to the Congress would take place biennially
(in odd-numbered years) rather than quadrennially. After 1973, a
new Commission would be appointed every second fiscal year, the
term of each member to be for one fiscal year. The President could
appoint it Commission July 1, 1974, and the Commission would make
its report to he President by June 30, 1975. This procedure would be
followed in successive two-year periods.
The President would consider the Commission's report and make
his pay recommendations to the Congress by August 31. If the
Congress (lid not disapprove his recommendation by specific legislation
changing the pay rates or by a resolution of disapproval passed by
either body, the pay adjustments would become effective on the first
(lay of the first pay period which begins after thirty calendar (lays
of continuous session of Congress following the transmittal of the
President's recommendations. The thirty days would not include,
sine die adjcurnmerts of three days or more. The Committee in-
cluded the "continuous-session" provision to assure that Congress
would have ample opportunity to act, if it so desires, on the President's
recommendations. The Federal Salary Act provides that any part of
the recommendations of the President may, if the recommendations
~so state, become effective at it later date. S. 1989 does not change
that provision, thus continuing: the President's authority to post-
pone the effective date if he believes such action is expedient.
The bill provides that this procedure would begin operation in
1973, .so that pay adjustments could become effective early in October,
at a date conforming, fairly closely with the October 1 effective (late
s;et by law for general Federal government pay adjustments based
upon Bureau of Labor Statistics comparability figures.
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JUSTIFICATION
EXECUTIVE BRANCH COMPRESSION
The Federal pay comparability principle established as public
policy in 1962 and stated in 5 U.S.C. 5301 provides that Federal
pay rates shall be comparable with private enterprise pay rates for
the same levels of work. The law establishes a system under which
private enterprise pay rates determined upon the basis of Bureau of
Labor Statistics figures are compared with those of the statutory
pay system. The data are compiled in the spring and the Civil Service
Commission subsequently sends its recommendations for pay ad-
justments to the President who considers the report and makes pay
adjustments to become effective October 1. (The President may,
because of national emergency or economic conditions, send to
Congress an alternative plan if he considers an October 1 pay ad-
justment inappropriate.)
This procedure, in which statutory pay adjustments follow those of
the private sector, has satisfactorily translated policy into action, ex-
cept in the upper levels of the General Schedule. Positions in grades
GS-18, GS-17, and in four steps of GS-16 have been fixed at $36,000
a year, since it would be inappropriate for incumbents of these posi-
tions to be compensated at rates higher than the rate of $36,000 estab-
lished by law for level V of the Executive Schedule. Officials in the Ex-
ecutive Schedule, members of the Federal Judiciary, and Members of
Congress have had no pay increase since March 1969, when the Presi-
dent's recommendations to Congress based on the quadrennial Salary
Commission's report became effective.
There have been four statutory pay increases since 1969 amounting
to a 24.6 percent increase. If the incumbent of a GS-18 position had
received the regular comparability increases, his current rate of pay
would be $41,734. Thus he is being denied comparability at the rate
of $5,734 per year. The quadrennial arrangement has effectively
placed an arbitrary ceiling on the pay of the Government's top
managers; a compression has resulted, vitiating the implementation
of the comparability principle.
The Civil Service Commission advises the Committee that the static
pay condition at the top of the General Schedule inhibits recruiting
and is having a markedly deleterious effect upon the retirement pic-
ture. Top managers who possess readily marketable skills are retiring
at the earliest possible time in order to accept private-sector positions
with salaries not restricted by a four-year procedure. Retirement in-
come is based upon the retiree's highest three-year annual salary. A
Government manager, realizing how slowly his l.iiglr-three average in-
creases, sees little advantage in continuing his employment in order to
increase his retirement annuity. Thus the Departments and agencies
are losing valuable managers, and the executive branch is powerless,
under the current quadrennial arrangement, to offer monetary induce-
ments. The Committee believes that this compression log-jam must
be broken and that the provisions of this bill, providing for 1.973
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consideration of pay adjustments and subsequent biennial adjustments,
constitutes a, way out. It comes none too soon.
CONGRESSIONAL SALARIES
For Members of Congress, the quadrennial arrangement offers the
particular disadvantage that when pay increases are authorized they
have been so long in coming that their magnitude invites criticism from
those unaware that four years of inflation have intervened since the
last pa y adjustment. The Committee believes that a procedure
authorizing more modest though more frequent adjustments is not
only more equitable to the Members but more easily understood by
the Congress' constituency. The coin i?..Lrability principle is not applied
by law to the compensation of IIei abers, but since other Federal
employees have received a 24.6 percent increase during the last four
years, the Committee believes that there is no inequity in consideration
of Congressional pay more often than quadrennially. The Committee
believes that biennial consideration is often enough.
Mr. Rowland F. Kirks, Director of the Administrative Office of the
United States Courts, testified at the Committee's June 26, 1973,
hearings. He appeared on behalf of the Judicial Conference of the
United States, the policy-making body of the Federal Judicial system.
The Conference by law makes recornrnendations to the Congress on
legislative matters affecting the Federal judiciary, its officers and
employees. Mr. Kirk's full testimony appears subsequently in this
Report under Agency Views.
The biennial-review provisions of this measure, the inclusion within
the review of the Commission or the positions of the Vice President of
the United States, the Speaker of the House of Representatives, the
President pro tempore of the Senate, the majority and minority
leaders of the Senate and House, and Delegates to the House were
suggested by the Commission on Executive, Legislative, and Judicial
Salaries, whose Chairman is Mr. Arch Patton. The Commission also
recommended deletion of the Governors of the Postal Service from
the Commission's study. Mr. Patton testified in strong support of
S. 1989.
As rioted above, current law provides that the President may post-
pone to a date selected by him any pay adjustments he may recom-
mend under the Federal Salary Act of 1967. The Committee endorses
this provision of law and umferscores its importance. It is the Com-
mittee's view that pay adjustments recommended by the !'resident
should be subject to any salary or other applicable economic restraints
which the President, may see fit to impose in his efforts to control
inflation. It is the Committee's view that the greatest value of S.
1989 lies in its provisions establishing a more reasonable and more
equitable salary-review cycle.
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The following witnesses testified at the Committee's hearing on
June 26, 1973. All witnesses strongly supported S. 1989:
The Honorable Robert E. Hampton, Chairman, Civil Service
Commission.
The Honorable Arch Patton, Chairman, Commission on
Executive, Legislative, and Judicial Salaries.
The Honorable Rowland F. Kirks, Director, Administrative
Office of the United States Courts.
Mr. Vincent Jay, Executive Vice President and Legislative
Liaison, Federal Professional Association.
Mr. Clyde Webber, President, American Federation of Govern-
ment Employees, AFL-CIO.
S. 1989, providing as it does for biennial rather than quadrennial
salary review, would involve a relatively small additional cost to the
Government. Since the percentage values of the adjustments to be
recommended are not known, that cost cannot be calculated. The
current amount of the total salaries involved is $100 million annually.
COMMITTEE VIEWS
No roll call votes were taken on this measure in committee executive
session. However, Senator William Saxbe desires to have his opposition
to S. 1989 noted in this report.
AGENCY VIEWS
Following are the statement of Mr. Rowland F. Kirks, Director
of the Administrative Office of the United States Courts, who testified
at the Committee's hearing on June 26, 1973; and a letter from Mr.
Robert Hampton, Chairman of the United States Civil Service
Commission :
STATEMENT BY ROWLAND F. KIRKS, DIRECTOR, ADMINISTRATIVE
OFFICE OF THE UNITED STATES COURTS
Mr. Chairman and Members of the Committee: My name is
Rowland F. Kirks. I am the Director of the Administrative Office
of the United States Courts. I appear today on behalf of the Judicial
Conference of the United States to offer the strong support of the
federal judiciary to S. 1989. I am authorized to report to you that
the bill has been considered by the Executive Committee of the
Judicial Conference of the United States and has been approved
unanimously by that committee. As you may know the Judicial
Conference of the United States is the policy-making body of the
federal judicial system and by law makes recommendations to the
Congress on legislative matters affecting the federal judiciary, its
officers and employees.
The purpose of this legislation is to speed up the process under
which the recommendations of the Commission on Executive, Legis-
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lative and Judicial Salaries, created. by the Federal Salary Act of
1967, 81 Stat. 6142, 2 U.S.C. 351 et, seq., may be presented by the
President, to the Congress. If S. 1989 is passed, the recommendations
of the Salary Commission in 1973, and of the President with respect
to these salaries, may go into effect approximately six months earlier
than presently possible under existing law.
A second part of the bill would require the appointment of a Salary
Commission biennially instead of quadrennially, as now provided by
law. This would make possible a thorough review of the salary struc-
ture for Congressmen, Judges and high Government officials at shorter
intervals of time and on a morn regular basis.
Mr. Chairman, I believe it is fair to say that the provisions of the
Federal Salary Act of 1967 relating to the functions of the Commission
on Executive, Legislative and Judicial Salaries has not functioned as
originally- intended. The Salazar Act of 1967 brought into the federal
salary structure the concept of comparability between salaries in
Governrnen'. and in industry. As to Government employees generally
this goal was substantially achieved by the pay increases granted in
1969. Since then Government employees generally have received
cost-of--livin, increases which were designed to keel) pace with the
increases in the cost of living and increases in salaries granted to labor
and employees in the private sector throughout the national economy.
By way of illustration. Since 1969 a government employee in the
middle step of grade 15 of the Genmcral Schedule has received four
cost-of-living increases aggregating on a compounded cumulative basis,
24.6%.
hi the private sector during this s?,.me period of time the technical
professions GS-15 equivalent) received a 19.5% increase and union
journeymen (average of 27 construction crafts) received a 42.2%
increase in salary, both compounded cumulatively.
Government officials, including members of Congress and federal
judges, whose salaries are determined by the process of the Salary
Commission structure in the present law, have received no increase in
four years. Under present law they cannot receive an increase in
calendar 191'3.
']'his is not the appropriate time or place to discuss what the Salary
Commission shoo Id do under present law but it certainly is most timely
For the Congress to consider amending the law as proposed by S. 1989
so that the Commission could act more quickly and more frequently
than present law permits.
The relevance of citing the comparative salary data referred to
above and in the attached sheets to this statement is several fold.
First it. illuEtrates what has taken. place both in and out of govern-
inent service with respect to salary increases over the past four
years while those executive, legislative and judicial salaries covered
by the Federal Salary Act of 1967 have stood still. The figures indicate
that generally salaries of others have advanced from 25 to 30%.
This is a significant amount. In one sense of the word this is lost
galar;y not to be recouped, to those who received no raise.
second, it graphically highlights the fact that the cumulative
percent increase for those not covered by the Federal Salary Act of
1.967 becomes so great in four years that to achieve comparability the
Commission is faced with, and in turn so is the President and the
S. Kept. 93-292
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Congress, what amounts to a traumatic one-lump adjustment which
cannot help but invite criticism, unjustified though it may be. To
amend the law as proposed in S. 1989 to require the Commission
procedure to function every two years rather than every four will
tend to reduce the significance of this aspect of the problem.
Third, the feature of S. 1989 which would require Commission,
President and Congressional action in calendar 1973 and every two
years thereafter would have a particularly salutary effect in 1973 with
respect to the top classified employees in the judicial system who are
frozen in their present salaries which are fixed as a percent of the
salary of a district judge as long as the salary of a district judge
remans static.
As an example, referees in bankruptcy, U.S. magistrates, clerks of
court and probation officers who have reached the top of their grades
can no longer receive increases in salary as long as the district judge's
salary remains at its present level. This of course prejudices this class
of employee when compared with other employees not so restricted.
Mr. Chairman, I would like to submit the two tables attached to
this statement showing what the salaries of United States circuit
and district judges would be today if the cost-of-living salary in-
creases granted others had been authorized for them and the private
industry pay increases.
If there is merit to the concept of comparability, equality, parity,
or fair play, then substantial salary increases for Government officials
covered by the Federal Salary Act of 1967 is long overdue and should
not be delayed as long again. Under existing law the earliest time at
which an increase can be forthcoming would be approximately March
of next year--9 to 10 months away. S. 1989 would make it possible to
put into effect by October of this year whatever increases may be
recommended by the Salary Commission and approved by the Presi-
dent and the Congress.
S. 1989 also would require action by the Commission every two years
rather than every four, a most desirable change in the law.
The federal judiciary heartily supports this bill and hopes that it
will be speedily enacted.
PRIVATE INDUSTRY PAY INCREASESI
Technical professions
(GS 15 equivalent)
Union journeymen (average of
27 construction crafts)
$27,092
--------------
$12,209
27, 731
11.4
13,600
1971
----------
-.1
30, 827
2 70
15,142
224
-------------------------------------
1972
--------------------
11.2
30,827
0
17
360
--------------------------
1973-----------------------------------------------
2 5.0
32,368
2 7.0
,
Projections :
987
33
7.0
18,575
1974------------------------------------------
1975
-------------------
,
35, 686
7.0
19, 875
21
266
------------------------
1976
--------------------
37, 470
7.0
,
755
22
----------------------
1977
----------------
39, 344
7.0
,
348
4
---------------------------
1978------------------------------------------
41:311
7.0
,
2
Cumulative increase:
276
5
42
2
5
151
1973 over 1969-------------------------------
-----------------
1974 over 1969
19.5
25.4
,
6, 896
.
52.1
,
6, 366
-----------------
------------------
1975 over 1969
31.7
8, 594
62.8
7, 666
57
---------------
--------------
1976 over 1969
38.3
10, 378
74.2
9, 0
4
-_---------_-------
------------------
-
1977 over 1969
45.2
12, 252
86.4
10,6
6
139
--------------
-
1978 over 1969----------------------------------
52.5
14, 219
99.4
12,
r Bureau of Labor Statistics, data.
2 Bureau of Labor Statistics, estimate.
S. Rept. 93-292
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General schedule pay
increases
Comparability increases for
Salary -
Percentage
increase
grade 15,
step 4
Circuit
judge
District
judge
July 14,1969--------__--__-__ ------------------------------------ $23
749
21
1969
1 $42
500
r $40
000
,
Jaann
------------------- 6.0
11
1971
,
25,174
,
45
050
,
42
400
. .
------------------------- 6.0
Jan
10, 1972
26,675
,
47
753
,
44
944
.
__ ---------------- 5.5
-
Jan
8
1973
28,142
,
50
379
,
47
416
.
,
------------- --
5.1
Cumulative loss through 1973-------------------
'
29,589
,
52,968
s
,
49,853
-
]
raj ections :
($26,150)
a ($24, 613)
January 1974--
Januar
i975
5.5
31,216
55
881
52
595
y
Jan n
1976
-------------------- 5.5
3233
,
58
954
,
55
487
ary
------------
Ja
197
-------------- 5.5
34,744
,
62
196
,
58
53
nuary
7--_..___-___-._
Janav a
5.5
36,654
,
65
616
,
9
61
758
_:
Cumulative inc creeaseses: 4
----------- - 5.5
?-
38, 670
,
69,225
,
65,154
1973 over 1969--.-_-----------------------?- 24.6
1974 over
5,840
10,468
9
853
31.4
1975 over 1969___
7,467
13,831
,
12,595
38.7
1976 over 1969------- ------------?-------?---- 46.3
1977 over1969
9,184
10,995
16,454
19
696
15,487
18
539
_ 54.3
1978 over t969
12,905
,
23
116
,
21
758
------------------------------ 62.8
14,921
,
26,752
,
25,154
These cumulative losses are the total dollars not received by the judges since 1969, because they did not receive the
annual increases erch year which were received by employees in the General Schedule. The $24,613 total for district
judges, for example, reflects the total not received by those judges since 1969-first, the $2,400 increase indicated for
them by the 6-percent increase awarded to the General Schedule employees on Dec. 27,1969-and this $2,400 loss was
experienced for each of the 4 years, 1970, 1971, 1972, and 1973. Secondly, the next increase, granted on Jan. 11, 1971,
was also lost to the district judges for a 3-year period, beginning with the year 1971, etc.
4 It should be clezrly understood that the percentages shown in this portion of the table are those reflecting the total
increase over the period of years shown. Because of the compounding effect any particular cumulative percentage increase
will exceed the sum of the individual annual percentage increases during the period covered.
U.S. CIVIT, SERVICE ('OA4MTSSION.
W,mItington, D.C., acne 25, 1973.
Iloii. GALE W. MCGEE,
Chairman. Committee on Post Office and Civil Service, U.S. Senate,
Washington, D.C.
DEAR, Mn. CHAIRMAN: This is in reply to your request for the view
of the ('ivil Service Commission. on S. 1989, a bill "To amend section
225 of the Federal Salary Act of 1967 with respect to certain executive,
legislative, and judicial salaries."
5. 1 ?9R9 would change the timetable of the present quadrennial
rt v iew anti adjustment procedure for the salaries of the Government's
top officials. Under the provisions of this bill, the Commission on
Exoctiti ve, Legislative, and Judicial Salaries would be required to
submit , its report to the President by the end of the fiscal year in which
it is appointed. and the President would be required to transmit to
Congre~-; his own recommendations on new pay rates not later than
the next Atli;:ust :31 . The new pay rates would become effective at the
beginning of the first pay period which begins after thirty days of
coneinuolls session of Congress after transmittal of the President's
reeornmenclations, unless the recommendations provided some later
efl'et-t,ive date or unless either House of Congress disapproved the
rc t;ornmr nds-ions. `(These changes in the timetable of the adjustment
procedure would all become effective this year. S. 1989 also provides
that in the ii tore, starting in fiscal year 1975, this review and-adjust-
lnent procedure will occur every two years instead of every four years.
The Civil Serviee Commission strongly supports all of these changes
in the timing of the adjustment procedure for salaries of top officials.
Effective Mar- 1, 1969.
2 Approved Apr. 15 1970 retroactive to Dec 27 1969
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In particular, Ave believe a biennial rather than quadrennial adjustment
cycle will be a considerable improvement.
S. 1989 would also bring the salaries of the Vice President, the
Speaker of the House of Representatives, the President pro tem.pore
of the Senate, and the majority and minority leaders of the Senate and
the House of Representatives within the scope of the review and
adjustment process. We believe this will be a very desirable change,
as it will obviate special legislation such as Public Law 91-67 each
time the salaries of the Government's other top officials are adjusted.
We note that S. 1989 would also remove from the review and adjust-
ment procedure the rate of compensation for the members or the
Board of Governors of the United States Postal Service. We must
defer to the. views of the Postal Service on the desirability of this
change.
We are advised by the Office of Management and Budget that,
from the standpoint of the Administration's programs, there is no
objection to the submission of this report.
By direction of the Commission:
Sincerely yours,
ROBERT HAMPTON, Chairman.
CHANGES IN EXISTING LAW
In compliance with subsection 4 of rule XXIX or the Standing
Rules of the Senate, changes in existing law made by the bill as re-
ported are shown as follows (existing law in which no change is pro-
posed is shown in roman; existing law proposed to be omitted is en-
closed in black brackets; new matter is shown in italic) :
COMMISSION ON EXECUTIVE, LEGISLATIVE, AND JUDICIAL SALARIES
SEC. 225. (a) ESTABLISHMENT OF COMMISSION.--There is hereby
established a commission to be known as the Commission on Execu-
tive, Legislative, and Judicial Salaries (hereinafter referred to as the
"Commission").
(b) MEMBERSHIP.-(1) The Commission shall be composed of
nine members who shall be appointed from private life, as follows:
(3) [After the close of the 1969 fiscal year of the Federal Govern-
ment, persons shall be appointed as members of the Commission with
respect to every fourth fiscal year following the 1969 fiscal year.]
After the close of the 1969 fiscal year of the Federal Government, persons
shall be appointed as members of the Commission with respect to the 1973
fiscal year and every second fiscal year thereafter.
* * * * * * *
(f) FUNCTION.-The Commission shall conduct, in each of the
respective fiscal years referred to in subsection (b) (2) and (3) of this
section, a review of the rates of pay of-
(A) Senators, Members of the House of Representatives, Delegates
to the house of Representatives, and the Resident Commissioner from
Puerto Rico;
* * * * * *
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(D) offices and positions under the Executive Schedule in sub-
chapter TI of chapter 53 of title 5, United States Code; and
[(E) the Governors of the Beard of Governors of The United States
Postal Service appointed under section 202 of title 39, United States
Code.]
(E) the Vie President of the United States, the Speaker of the House
of Representatives, the President pro tempore of the Senate, and the
majority and minority leaders of the Senate and House r f Representatives,
except that the review of rates of pay of positions included in this sub-
paragraph shall be made commencing with fiscal year 1975.
(g) REPORT BY COMMISSION TO THE PRESIDENT.-The Commission
shall submit to the President a report of the results of each review
conducted. by the Commission of the offices and. positions within the
purview of subparagraphs (A), (B), (C) [and (D)] (D), and (K) of
subsection (f) of this section, together with its recommendations.
[Each such report, shall be submitted on such date as the President
may designate but not later than January 1 next following the close of
the fiscal ,year in which the review is conducted by the Commission.]
(Jnnmencing with respect to fiscal year 1973, each such report shall be
submitted on such date as the President may designate daring the period
from January 1 through June 30 of the fiscal year in which the review is
conducted by he Commission.
[(h) RECOMMENDATIONS OF THE PRESIDENT WITH RESPECT TO
PAY.---The Fresideni, shall include, in the budget next transmitted by
him to the Congress after the date of the submission of the report and
recommendations of the Commission under subsection (g) of this
section, his recommendations with re:=peat to the exact rates of pay
which he deems advisable, for those offices and positions within the
purview of subparagraphs (A), B), (C), and (D) of subsection (f) of
this section. As used in this subsection, the term "budget" means
the budget referred to in section 201 of the Budget and Accounting
Act, 1921, as amended (31 U.S.C. 11).:]
(h) RECOMMENDATIONS OF THE PRESIDENT WITH RESPECT TO PAY.-
Commencing in 1973, the President shall transmit to Congress, not later
than the August 31 first occurring after the submission of the report and
recommendatigns of the Commission under subsection. (g) of this section,
his recommendations with respect to the exact rates of pay which he deems
advisable, for those offices and positions within the purview of sub-
paragraphs (A), (B), (C), (D), and (E) of subsection (f) of this section
(including recommendations to be efectiXe in fiscal year 1974 in accord-
ance with subsection (i) of this section with respect to positions included
in such subparagraph (E)).
(I) EFFECTIVE DATE OF RECOMMENDATIONS OF THE PRESIDENT.-
[(1) Except as provided in paragraph (2) of this subsection, all
or part (as tle case may be) of the recommendations of the President
transmitted 'io the Congress in the budget under subsection (h) of
this section shall become effective at the beginning of the first pay
period which begins after the thirtieth day following the transmittal
of such recommendations in the budget; but only to the extent that,
between the Cate of transmittal of such recommendations in the budget
and the beginning of such first pay period-
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(A) there has not been enacted into law a statute which
establishes rates of pay other than those proposed by all or part
of such recommendations,
(B) neither House of the Congress has enacted legislation
which specifically disapproves all or part of such recommenda-
tions, or
(C) both.]
(1) Except as provided in paragraph (2) of this subsection, all or
part (as the case may be) of the recommendations of the President trans-
mitted to the Congress under subsection (h) of this section shall become
effective at the beginning of the first pay period which begins after thirty
calendar days of continuous session of Congress, following transmittal of
such recommendations; but only to the extent that, between the date of
transmittal of such recommendations and the beginning of such first pay
period-
(A) there has not been enacted into law a statute which establishes
rates of pay other than those proposed by all or part of such recom-
mendations;
(B) neither House of the Congress has passed a resolution which
specifically disapproves all or part of such recommendations; or
(C) both. The continuity of a session is broken only by an ad-
journment of the Congress sine die, and the days on which either
House is not in session because of an adjournment of more than
three days to a day certain are excluded in the computation of the
thirty-day period.
(2) Any part of the recommendations of the President may, in
accordance with express provisions of such recommendations, be
made operative on a date later than the date on which such recom-
mendations otherwise are to take effect.
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