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The examiners shall formulate and hold an open competitive examination (which may be written, oral or based on education and experience) whenever a vacancy shall occur in the office of Administrator, and shall certify to the Board an eligible register of those passing such examination. The Board shall certify to the President the three highest eligible on such register: Provided, That if any vacancy or vacancies shall occur among the three highest eligibles so certified to the President, the Board may fill such vacancy or vacancies from the next highest on the eligible register, to be selected in the order of their standing on such eligible register. A new examining board shall be appointed and a new examination shall be held each time a vacancy in the office of Administrator occurs. Nothwithstanding the provisions of any other Act, or any rules prescribed pursuant thereto, no person taking the examination for the office of Administrator shall receive any preference or precedence whatsoever, insofar as his appointment or eligibility for appointment to that office is concerned, except by reason of his actual earned rating on such examination. The examiners shall be reimbursed for their subsistence and other expenses at a rate not to exceed $25 per day for time spent in carrying out the provisions of this subsection, plus the actual cost of transportation;

(i) Propose to the President and the Administrator new or amended rules for the administration of personnel matters in the service of the Federal Government and review and comment upon such proposed rules or regulations as may be submitted to the Board by the Administrator; and

(j) Propose to the President plans and procedures dealing with Federal employment problems. If the President, or the head of any executive department or independent agency finds it necessary to constitute special boards to deal with such problems, the President or such officer is authorized, subject to such regulations as the President may prescribe, to appoint, without regard to the civil service laws, the members of such special boards, and, except in the case of officers or employees of the United States, to fix their compensation without regard to the Classification Act of 1923, as amended: Provided, That the agency of the United States, for the benefit of which any such special board is appointed, shall reimburse agencies of the Government for the salaries and necessary expenses of officers or employees of such agencies while serving on any such special board, and when so reimbursed such funds shall be deposited as refunds to the appropriations from which such payments were originally made, instead of being covered into the Treasury as miscellaneous receipts. Such special board shall as soon as practicable report their findings to the President or other appointing officer.

SEC. 210. The Chairman of the Board shall cause a seal of office to be made for the Board, or such device as the President shall approve, and judicial notice shall be taken of such seal.

PART 3. METHOD OF APPOINTMENT

SEC. 211. (a) All offices or positions in the agencies of the Government to which appointments are authorized to be made by the President alone, or by the President, by and with the advice and consent of the Senate, shall, when hereafter filled, be filled by appointment without term by the heads of the executive departments or independent agencies in or under the jurisdiction of which such officers or positions are located, except the following: (i) Heads of executive departments and independent agencies;

(ii) Ambassadors, Ministers, consul, and officers and employees in the Foreign Service of the United States;

(iii) Undersecretaries of executive departments;

(iv) The Director of the Bureau of the Budget;

(v) Members of the Civil Service Board, and members of the special boards appointed under subsection (j) of section 209 of this Title;

(vi) Commissioned officers and enlisted personnel in the military and naval services; and

(vii) Commissioned officers and enlisted personnel in the Coast Guard, and commissioned officers in the Public Health Service, and the Coast and Geodetic Survey.

(b) The provisions of subsection (a) shall not be construed (1) to cover any offices or positions into the classified civil service except as hereinafter provided, or (2) to limit the power of the President to prescribe the method of appointment of the head of any agency under the provisions of title I of this Act.

PART 4. EXTENSION OF CIVIL SERVICE LAWS

SEC. 212. Upon the expiration of one year after the enactment of this Act, all offices or positions in the agencies of the Government, other than federally owned and controlled corporations and temporary agencies, and except the offices or positions designated in paragraphs (i) to (vii) inclusive of subsection (a) of section 211 of this title, the offices or positions expressly excepted from the civil service laws by this act, and such other offices or positions as the President may find and declare to be policy-determining in character and so designate by Executive order, shall be covered into the classified civil service: Provided, That the President is authorized at any time within such year to cover into the classified civil service any such offices or positions as he may find and declare by Executive order are not policy-determining in character, if, under the provisions of this section, such offices or positions would otherwise be covered into the classified civil service upon the expiration of such year. SEO. 213. The President is authorized to cover into the classified civil service such offices or positions in federally owned and controlled corporations as he may find and declare by Executive order are not policy-determining in character: Provided, That in the case of any such corporation organized under the laws of any State, territory, or possessions 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 appointments to such offices or positions in any such corporation to be made in accordance with the civil service laws, 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.

SEC. 214. Incumbents of offices or positions which are covered into the classified civil service under the provisions of part 4 or this title, shall not thereby acquire a classified civil service status, except (a) upon recommendation by the head of the agency concerned within one year after such offices or positions have been covered into the classified civil service, and certification within such period by such head to the Administrator that such incumbents have served with merit for not less than six months prior to the enactment of this act in the case of incumbents of offices or positions covered into the classified civil service under the provisions of section 212 of this title, or six months prior to the date of the appropriate Executive order in the case of incumbents of offices or positions covered into the classified civil service under the provisions of sections 213 and 216 of this title, and (b) upon passing such suitable noncompetitive examinations as the Administrator may prescribe. SEC. 215. (a) Whenever the President finds and declares that an office or position is not policy-determining in character, he is authorized by Executive order to cover such office or position into the classified civil service: Provided, That the incumbent of any such office or position which has been previously excepted from the classified civil service as policy-determining in character, shall not acquire a classified civil service status except by appointment as the result of an open competitive examination.

(b) Whenever the President finds and declares that an office or position in the classified civil service is policy-determining in character, he is authorized by Executive order to except such office or position from the classified civil service.

(c) The provisions of this title relating to the covering into and excepting from the classified civil service of offices or positions or the incumbents thereof, and the method of appointment to offices or positions shall, in addition to being applicable to existing offices and positions and the incumbents thereof, be applicable to all offices, positions, and incumbents, created, authorized, or appointed under this Act, and under all Acts enacted subsequent to the enactment of this Act, unless the Congress specifically provides otherwise.

SEC. 216. In addition to all other functions vested in and imposed upon him under this title, the President is authorized by Executive order to except from, or cover into, the classified civil service any office or position, whenever he finds and declares that good administration of the Government will be facilitated thereby.

PART 5. EXTENSION OF CLASSIFICATION ACT

SEC. 217. (a) Subject to the limitations contained in this section, whenever the President, after such classification and compensation surveys or investi

gations as he may direct the Administrator to undertake, and upon consideration of the Administrator'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 office or position 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 office or position 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 Administrator, 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 Administrator, 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 differential 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 Administrator 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 only 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 fixed under an Act of Congress approved June 10, 1922 (42 Stat. 625), as amended;

(v) Offices or positions in the Government Printing Office the compensation of which is fixed under an Act of Congress approved June 7, 1924 (43 Stat. 658); (vi) Offices or positions of foreign service officers in the Foreign Service of the United States the compensation of which is fixed under an Act of Congress approved May 24, 1924 (43 Stat. 140), as amended;

(vii) Offices or positions of clerks in the Foreign Service of the United States the compensation of which is fixed under an Act of Congress approved February 23, 1931 (46 Stat. 1207);

(viii) Offices or positions of commercial attachés, assistant commercial attachés, trade commissioners, and assistant trade commissioners in the Foreign Commerce Service of the Department of Commerce, the compensation of which is fixed under an Act of Congress approved March 3, 1927 (44 Stat. 1394), as amended;

(ix) Offices or positions of verifiers-openers-packers, clerks, guards, inspectors, station inspectors and laborers, in the Customs Service of the Treasury Department the compensation of which is fixed under an Act of Congress approved May 29, 1928 (45 Stat. 955), as amended;

(x) Offices or positions of inspectors in the Immigration and Naturalization Service of the Department of Labor the compensation of which is fixed under an Act of Congress approved May 29, 1928 (45 Stat. 954), as amended;

(xi) Offices or positions the duties of which are to serve as an officer or member of the crew of a vessel; and

(xii) Offices or positions the duties of which are to perform the work of an apprentice, helper or journeyman in a recognized trade or craft, or other skilled mechanical craft, or the work of an unskilled, semiskilled, or skilled laborer, except that whenever such offices or positions involve work in the regular custody, operation or maintenance of a Government building or other Government property, or work which is subordinate, incidental, or preparatory to work of a professional, scientific, or technical character, the President, upon a finding that the characteristics and working conditions of such offices or positions render them substantially the same as comparable offices or positions in the District of Columbia included within the Classification Act of 1923, as amended, may by Executive order extend the provisions of such Act to include them.

SEC. 218. The President is authorized, after suitable investigation by the Administrator which shall include consultation with representatives of the heads of Executive departments and independent agencies in or under the jurisdiction of which the offices or positions hereinafter designated are located, and upon a finding that such action is necessary to the more efficient operation of the Government, to exclude, by Executive order, from the provisions of the Classification Act of 1923, as amended and extended under this Act;

Offices or positions on work which is financed jointly by the United States and a State, Territory, or possession of the United States (including the Philippine Islands), or political subdivision thereof, or cooperating persons or organizations outside the service of the Federal Government, the pay of which is fixed under a cooperative agreement with the United States; offices or positions none or only part of the compensation of which is paid from funds of the United States; offices or positions filled by inmates, patients, students, or beneficiaries in Government institutions; offices or positions outside the States of the United States and the District of Columbia filled by natives of Territories or possessions of the United States (including the Philippine Islands) or foreign nationals; emergency or seasonal offices or positions in the field service, or other field offices or positions the duties of which are of purely temporary duration or which are required only for brief periods at intervals; and offices or positions filled by persons employed locally on a fee, contract, or piecework basis who may lawfully perform their duties concurrently with their private profession, business, or other employment, and whose duties require only a portion of their time, where it is impracticable to ascertain or anticipate the proportion of time devoted to the service of the Federal Government.

SEC. 219. When any extension of the Classification Act of 1923, as amended, becomes effective under part 5 of this title:

(a) The allocations of officers or positions to services, grades, and classes shall be made as set forth in section 4 of the Classification Act of 1923, as amended, and in accordance with a uniform procedure to be prescribed by the Administrator; and

(b) The initial compensation of the incumbents of the offices or positions to which the provisions of the Classification Act of 1923, as amended, are extended under part 5 of this title, shall be fixed in accordance with section 6 of the Classification Act of 1923, as amended, except that if an officer or employee is receiving compensation in excess of the maximum rate prescribed for the appropriate grade no change by reason of this fact shall be made in his existing compensation so long as he continues to occupy the same office or position, but the office or position shall be correctly allocated and when it becomes vacant the compensation attached thereto shall be brought within the compensation schedule, in accordance with existing law.

SEC. 220. Nothing herein contained shall be construed to prevent the promotion of an officer or employee from an office or position in one class to a vacant office or position in a higher class at any time in accordance with civil service laws, and when so promoted the officer or employee shall receive compensation according to the schedule established for the class to which he is promoted.

PART 6. REVISION OF SALARIES FOR HIGHER OFFICES AND POSITIONS

SEC. 221. Section 13 of the Classification Act of 1923, as amended, is amended to change the salary rates and definitions of certain grades therein, to read as follows:

"PROFESSIONAL AND SCIENTIFIC SERVICE

"Grade 7 in this service which may be referred to as the head professional grade, shall include all classes of positions the duties of which are to perform, individually or with trained assistants, under administrative direction, and with wide latitude for the exercise of independent judgment, work of exceptional difficulty, importance, and responsibility requiring extending professional, scientific, or technical training and experience which has demonstrated leadership and marked attainments in professional, scientific, or technical research, practice, or administration; or to serve as head of a major professional or scientific organization; or to serve as assistant head of a major professional or scientific bureau or commensurate organization; or to serve as consulting specialist and to furnish for final executive action expert critical advice on professional, scientific, or technical problems or policies of exceptional importance; or to perform professional or scientific work of equal importance, difficulty, and responsibility.

"The annual rates of compensation for positions in this grade shall be $6,600, $7,000, and $7,500, unless a higher rate is specifically authorized by law.

"Grade 8 in this service, which may be referred to as the chief professional grade, shall include all classes of positions the duties of which are to perform, individually or with trained assistants, under general administrative direction, and with exceptionally wide latitude for the exercise of independent judgment, work of outstanding difficulty, importance, and responsibility requiring extended professional, scientific, or technical training and experience which has demonstrated leadership and exceptional attainments in professional, scientific, or technical research, practice, or administration; or to serve as the head of a professional or scientific bureau or commensurate organization which, considering its size, the kind, scope, variety, and degree of importance of the work with which it is charged, and the scope and complexity of its problems of direction and administration, is one of the major bureaus of the Government; or to serve as assistant head of one of the largest and most important professional or scientific bureaus or commensurate organization; or to serve as professional consultant to a department head or a commission or board and to furnish for final executive action expert critical advice on professional, scientific, or technical problems or policies of outstanding difficulty and importance; or to perform professional or scientific work of equal importance, difficulty, and responsibility.

"The annual rates of compensation for positions in this grade shall be $8,000, $9,000, and $10,000, unless a higher rate is specifically authorized by law.

"Grade 9 in this service, which may be referred to as the special professional grade, shall include all classes of positions the duties of which are to serve as the head of a professional or scientific bureau or commensurate organization which, considering its size, the kind, scope, variety, and the degree of importance of the work with which it is charged, and the scope and complexity of its problems of direction and administration, is one of the largest

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