1578a. Transportation of dependents; reserve officers.

This provision has been repeated in subsequent appropriation acts.

1578b. Transportation of effects; reserve officers.- * * * for transportation of baggage, including packing and crating, of Reserve officers ordered to active duty for not less than six months;

of Apr. 26, 1939 (53 Stat. 614).

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* Sec. 1, military appropriation act

This provision has occurred in prior and subsequent appropriation acts.

1578c. Allowance for uniforms and equipment; reserve officers.-That officers of the Officers' Reserve Corps of the Army shall be entitled to an allowance for uniforms and equipment of $50 per annum upon completion, in separate fiscal years, of each of their first three periods of active-duty training of three months or less, following their original appointment, during which periods the uniform is required to be worn. Act of May 14, 1940 (54 Stat. 212); 10 U. S. C. 361b. 1579. Mileage; reserve officers.

As repeated in the supplemental appropriation act of February 12, 1940 (54 Stat. 27), the words "fifteen days" in the second paragraph of this section are changed to read "thirty days". The provision was not repeated in the appropriation act for the fiscal year 1941.

1588a. Travel expense, rifle competition; National Guard and Organized Re

serves.

This provision has been repeated in subsequent appropriation acts. 1589. Travel expense, rifle competition; civilians.

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*

for the conduct of the national matches, including incidental travel of rifle teams and of individuals and of Marine Corps and other detachments required in the operation of the matches and including incidental travel of rifle teams and individuals attending regional, national, and international competitions, and for the purchase of medals and badges for use in National Rifle Association competitions, including those fired as a part of the national matches; for mileage at 8 cents per mile for members of the National Board for the Promotion of Rifle Practice when authorized by the Secretary of War, any provision of law to the contrary notwithstanding; appropriation act of June 13, 1940 (54 Stat. 377).

The above provision is added as a new paragraph of this section.

Sec. 1, military

1598. Payments to recipients of pension, disability, or retirement benefits. The provisions of this section have been repeated in subsequent appropriation acts.

The total amount used on an annual basis for administrative within-grade promotions for officers and employees under any appropriation or other fund made available in this Act shall not exceed the amount determined by the Bureau of the Budget to be available for such purpose on the basis of the Budget estimate for such appropriation or fund exclusive of new money in any such Budget estimate for such administrative promotions. Sec. 5, act of June 13, 1940 (54 Stat. 378).

The above provision is added as a new paragraph of this section. A similar provision appeared in the War Department civil appropriation act for the fiscal year 1941, and in the appropriation acts for other departments.

1606. Classification act; efficiency ratings and boards of review. That the board shall review and may revise uniform systems of efficiency rating established or to be established for the various grades or classes thereof, which shall set forth the degree of efficiency which shall constitute ground for (a) increase in the rate of compensation for employees who have not attained the maximum rate of the class to which their positions are allocated, (b) continuance at the existing rate of compensation, without increase or decrease, (c) decrease in the rate of compensation for employees who at the time are above the minimum rate for the class to which the positions are allocated, and (d) dismissal.

The head of each department shall rate in accordance with such systems the efficiency of each employee under his control or direction. The current ratings for each grade or class thereof shall be open to inspection by the representatives of the board and by the employees of the department under conditions to be determined by the board after consultation with the department heads.

Reductions in compensation and dismissals for inefficiency shall be made by heads of departments in all cases whenever the efficiency ratings warrant, as provided herein, subject to the approval of the board.

Under such regulations as may be prescribed by the Civil Service Commission with the approval of the President

"There shall be established in each Department one or more boards of review, each of which shall be composed of three members, the chairman to be designated by the Civil Service Commission, one of the other members to be designated by the head of the Department concerned, and the third member to be designated by the employees of the Department concerned in such manner as may be determined by the Civil Service Commission. The boards of review shall meet at the call of their respective chairmen for the purpose of considering and passing upon the merits of such efficiency ratings assigned to employees as may be submitted to such boards of review as hereinafter provided. Any employee shall, upon written request to the chairman of the appropriate board of review of his department, be entitled, as a matter of right, to a hearing and a review by such board of review of his efficiency rating. At such hearing such employee and his representative, and such representatives of the Department as may be designated by the head thereof, shall be afforded an opportunity to submit orally or in writing any information deemed by the board of review to be pertinent to the case, and shall be afforded an opportunity to hear or examine, and reply to, information submitted to such board by other parties. After any such hearing, the board of review may make such adjustments in any such efficiency rating as it may find to be proper. Sec. 9, act of Mar. 4, 1923 (42 Stat. 1491); sec. 7, act of Nov. 26, 1940 (54 Stat. 1215); 5 U. S. C. 669.

1607. Classification act; transfers.

By Executive Order No. 8514, August 13, 1940, the Civil Service Commission was authorized to permit transfers during probation to positions directly concerned with the national defense program.

1609. Classification act; pay schedules.

Claims for the "bonus" authorized by appropriation acts for civilian employees for the period from July 1, 1917, to June 30, 1924, were barred unless presented within six months by act of August 10, 1939 (53 Stat. 1343).

Notes of Decisions

Attachment of pay.-The salary of a Government employee can not be reached by attachment or other process issued in an action at law; nor is it within the power of a court of equity to appoint a receiver and require such employee to pay over to that officer all of his monthly salary in excess of $100 per month, to be credited on a judgment there

tofore recovered against him, the effect of such an order being to subject the public service to embarrassment, and such order also being in principle obnoxious to the provisions of Section 113, Code D. C., forbidding imprisonment for debt. McGrew v. McGrew (App. D. C., 1930), 38 F. (2d) 541; certiorari denied (1930), 281 U. S. 739.

1609a-3. Extension of Classification Act; authority of President.-(a) Subject to the limitations contained in this section, whenever the President, after such classification and compensation surveys or investigations as he may direct the Commission to undertake, and upon consideration of the Commission's resulting reports and recommendations, shall find and declare that an extension of the provisions of the Classification Act of 1923, as amended, to any offices or positions in the agencies of the Government is necessary to the more efficient operation of the Government, he may by Executive order extend the provisions of the Classification Act of 1923, as amended, to any such offices or positions not at the time subject to such provisions: Provided, That in the case of any federally owned and controlled corporation organized under the laws of any State, Territory, or possession of the United States (including the Philippine Islands), or the District of Columbia, the President is authorized to direct that such action be taken as will permit the compensation of such offices or positions to be fixed in

accordance with the Classification Act of 1923, as amended, consistently with the laws of any such State, Territory, or possession, or the District of Columbia, or with the charter or articles of incorporation of any such corporation.

(b) Whenever the President, upon report and recommendation by the Commission, shall find and declare that one or more offices or positions to which the Classification Act of 1923, as amended and extended, is applicable, may not fairly and reasonably be allocated to the professional and scientific service, the subprofessional service, the clerical, administrative, and fiscal service, the custodial service, or the clerical-mechanical service, as described in the Classification Act of 1923, as amended, he may by Executive order prescribe and define such additional classification services and grades thereof as he may deem necessary and shall describe, and fix the ranges of compensation for, the grades of such services within the limits of the Classification Act of 1923, as amended, so that they shall be comparable, as nearly as may be, with the grades in said Act, as amended, for offices or positions that are comparable as to duties, responsibilities, qualifications required, and other conditions of employment.

(c) Whenever the President, upon report and recommendation by the Commission, shall find and declare that the rates of the compensation schedules of the Classification Act of 1923, as amended, are inadequate for any offices or positions under such Act, as amended and extended, he may by Executive order establish necessary schedules of differentials in the rates prescribed in such compensation schedules, but the differentials in the compensation of any such office or position shall not exceed 25 per centum of the minimum rate of the grade to which such office or position is allocated under such compensation schedules: Provided, That the provisions of this subsection shall be applicable only to such offices or positions having the following characteristics:

Offices or positions which are located at stations that are isolated, remote, or inaccessible when compared with stations at which offices or positions of the same character are usually located, or which involve physical hardships or hazards that are excessive when compared with those usually involved in offices or positions of the same character, or which are located outside the States of the United States and the District of Columbia: Provided further, That nothing herein contained shall preclude the Commission from taking the factor of isolation, hardship, hazard, or foreign service into consideration in allocating a given class of offices or positions to a service and grade under the Classification Act of 1923, as amended, if such factor is uniformly involved in each office or position in the class, in which event no differential is authorized under this section.

(d) Except as Congress may otherwise provide by law, the power granted to the President by this section shall not apply to the following:

(i) Offices or positions in the Postal Service the compensation of which is fixed under an Act of Congress approved February 28, 1925 (43 Stat. 1033), as amended;

(ii) Offices or positions of teachers, librarians, school-attendance officers, and employees of the community-center department under the Board of Education of the District of Columbia, the compensation of which is fixed under an Act of Congress approved June 4, 1924 (43 Stat. 367), as amended; (iii) Offices or positions in the Metropolitan Police, in the Fire Department of the District of Columbia, and in the United States Park Police, the compensation of which is fixed under an Act of Congress approved July 1, 1930 (46 Stat. 839);

(iv) Commissioned officers and enlisted personnel in the military and naval services and the Coast Guard, and commissioned officers in the Public Health Service and the Coast and Geodetic Survey, the compensation of which is