REFERENCES IN TEXT The Classification Act of 1949, as amended, referred to in the text, is classified to chapter 21 of Title 5, Executive Departments and Government Officers and Employees. § 294. Positions standards and descriptions. (a) (1) It shall be the duty of the committee to prescribe, revise, and (on a current basis) maintain position standards which shall apply to positions (in existence on, or established after, January 1, 1965 under the House of Representatives to which this chapter applies. (2) The position standards shall— (A) provide for the separation of such positions into appropriate classes for pay and personnel purposes on the basis of reasonable similarity with respect to types of positions, qualification requirements of positions, and levels of difficulty and responsibility of work, and (B) govern the placement of such positions in their respective appropriate compensation levels of the appropriate compensation schedule. (b) (1) Subject to review and approval by the committee, the Clerk, the Sergeant at Arms, the Doorkeeper, and the Postmaster of the House of Representatives, shall prepare, revise, and (on a current basis) maintain, at such times and in such form as the committee deems appropriate, position descriptions of the respective positions (in existence on, or established after, January 1, 1965) under the House of Representatives to which this chapter applies which are under their respective jurisdictions, including (A) with respect to the Clerk, positions under the House Recording Studio, (B) with respect to the Sergeant at Arms, the position of minority pair clerk in the House, and (C) with respect to the Doorkeeper, positions under the House Radio and Television Correspondents' Gallery and the House Periodical Press Gallery. (2) The position descriptions shall (A) describe in detail the actual duties, responsibilities, and qualification requirements of the work of each of such positions, (B) provide a position title for such position which accurately reflects such duties and responsibilities, and (C) govern the placement of such position in its appropriate class. (c) The Clerk, the Sergeant at Arms, the Doorkeeper, and the Postmaster, of the House of Representatives, shall transmit to the committee, at such times and in such form as the committee deems appropriate, all position descriptions required by subsection (b) of this section to be prepared, provided, and currently maintained by them, together with such other pertinent information as the committee may require, in order that the committee shall have, at all times, current information with respect to such position descriptions, the positions to which such descriptions apply, and related personnel matters within the purview of this chapter. Such information so transmitted shall be kept on file in the committee. (d) Notwithstanding any other provision of this chapter, the committee shall have authority, which may be exercised at any time in its discretion, to— (1) conduct surveys and studies of all organization units, and the positions therein, to which this chapter applies; (2) ascertain on a current basis the facts with respect to the duties, responsibilities, and qualification requirements of any position to which this chapter applies; (3) prepare and revise the position description of any such position; (4) place any such position in its appropriate class and compensation level; (5) decide whether any such position is in its appropriate class and compensation level; (6) change any such position from one class or compensation level to any other class or compensation level whenever the facts warrant; and (7) prescribe such organization and position titles as may be appropirate to carry out the purposes of this chapter. All such actions of the committee shall be binding on the House officer and organization unit concerned and shall be the basis for payment of compensation and for other personnel benefits and transactions until otherwise changed by the committee. (Pub. L. 88-652, § 5, Oct. 13, 1964, 78 Stat. 1080.) § 295. Placement of positions in compensation schedules. The committee shall place each position (in existence on, or established after, January) under the House of Representatives to which this chapter applies in its appropriate class, and in its appropriate compensation level of the appropriate compensation schedule, in accordance with the position standards and position descriptions provided for in section 294 of this title. The committee is authorized, when circumstances so warrant, to change any such position from one class or compensation level to another class or compensation level. All actions of the committee under this section shall be binding on the House officer and organization unit concerned and shall be the basis for payment of compensation and for other personnel benefits and transactions until otherwise changed by the committee. (Pub. L. 88652, § 6, Oct. 13, 1964, 78 Stat. 1081.) § 296. Step increases; waiting periods; service in Armed Forces; automatic advancement. (a) Each employee in a compensation level of the House Employees Schedule (HS), who has not attained the highest schedule rate of compensation for the compensation level (HS level) in which his position is placed, shall be advanced successively to the next higher step of such HS level, as follows: (1) to steps 2, 3, and 4, respectively-at the beginning of the first pay period following the completion, without break in service of more than thirty months, of one year of satisfactory service in the next lower step; (2) to steps 5, 6, and 7, respectively-at the beginning of the first pay period following the completion, without break in service of more than thirty months, of two years of satisfactory service in the next lower step; (3) to steps 8, 9, and 10, respectively-at the beginning of the first pay period following the completion, without break in service of more than thirty months, of three years of satisfactory service in the next lower step; and (4) to steps 11 and 12, respectively-at the beginning of the first pay period following the completion, without break in service of more than thirty months, of five years of satisfactory service in the next lower step. (b) The receipt of an increase in compensation during any of the waiting periods of service specified in subsection (a) of this section shall cause a new full waiting period of service to commence for further step increases under such subsection. (c) Any increase in compensation granted by law, or granted by reason of an increase made by the committee in the rates of compensation of the House Employees Schedule, to employees within the purview of subsection (a) of this section shall not be held or considered to be an increase in compensation for the purposes of subsection (b) of this section. (d) The benefit of successive step increases under subsection (a) of this section shall be preserved, under regulations prescribed by the committee, for employees whose continuous service is interrupted by service in the Armed Forces of the United States. (e) The committee shall establish and maintain, and, from time to time, may revise, a system of automatic advancement, by successive step increases in compensation, on the basis of satisfactory service performed, without break in service of more than thirty months, for employees subject to the House Wage Schedule (HWS). In the operation of such system of step increases the committee may prescribe regulations to the effect that (1) the receipt of an increase in compensation during any of the waiting periods of service required for advancement by step increases under such system shall cause a new full waiting period of service to commence for further step increases under such system; (2) any increase in compensation granted by law, or granted by reason of an increase made by the committee in the rates of compensation of the House Wage Schedule, to employees within the purview of such system of step increases shall not be held or considered to be an increase in compensation for the purposes of subparagraph (1) of this subsection; and (3) the benefit of successive step increases under such system of step increases shall be preserved, under regulations prescribed by the committee, for employees whose continuous service is interrupted by service in the Armed Forces of the United States. (Pub. L. 88-652, § 7, Oct. 13, 1964, 78 Stat. 161.) § 297. Appointments and reclassifications to higher compensation levels. (a) Each employee in a compensation level of the House Employees Schedule (HS), who is appointed to a position in a higher compensation level of such schedule, or whose position is placed in a higher compensation level of such schedule pursuant to a reclassification of such position, shall be paid com pensation in such higher compensation level, in accordance with the following provisions, whichever is first applicable in the following numerical order of precedence: (1) at the rate of the lowest step for which the rate of compensation equals the rate of compensation for that step, in the compensation level from which he is appointed, which is two steps above the step in such level which he had attained immediately prior to such appointment; (2) at the rate of the lowest step for which the rate of compensation exceeds, by not less than two steps of the compensation level from which he is appointed, his rate of compensation immediately prior to such appointment; or (3) at the rate of the highest step of such higher step of such higher compensation level, or at his rate of compensation immediately prior to such appointment, whichever rate is the higher. (b) The committee may provide by regulations for the payment of compensation, at an appropriate compensation step determined in accordance with such regulations, to each employee subject to the House Wage Schedule (HWS) who is appointed to a position in a higher compensation level of such schedule or whose position is placed in a higher compensation level of such schedule pursuant to a reclassification of such position. (Pub. L. 88-652, § 8, Oct. 13, 1964, 78 Stat. 1082.) § 298. Reductions in compensation level. Each employee in a position of a compensation level of the House Employees Schedule (HS) or the House Wage Schedule (HWS), whose employment in such position and level is terminated and who is reemployed, with or without break in service, in a position in a lower compensation level (HS level or HWS level) of such schedule, or whose position is placed in a lower compensation level of such schedule pursuant to a reclassification of such position, shall be placed by the committee in such step of such lower compensation level as the committee deems appropriate. (Pub. L. 88-652, § 9, Oct. 13, 1964, 78 Stat. 1083.) § 299. Appointments; compensation level. Except as otherwise provided by this chapter, each individual appointed to a position subject to the House Employees Schedule (HS) or the House Wage Schedule (HWS) shall be placed in the minimum step of the appropriate compensation level (HS level or HWS level) of such schedule. (Pub. L. 88-652, § 10, Oct. 13, 1964, 78 Stat. 1083.) § 300. Establishment of positions; payment from contingent fund. The committee may authorize the establishment of additional positions of the kind to which this chapter applies, on a permanent basis or on a temporary basis of not to exceed six months' duration, whenever, in the judgment of the committee, such action is warranted in the interests of the orderly and efficient operation of the House of Representatives. The compensation of each such position may be paid out of the contingent fund of the House of Representatives until otherwise provided by law. An additional position of the kind to which this chapter applies shall not be established without authorization of the committee. (Pub. L. 88-652, § 11, Oct. 13, 1964, 78 Stat. 1083.) § 301. Preservation of existing appointing authorities. This chapter shall not be held or considered to change or otherwise affect (1) any authority to establish positions under the House of Representatives which are not within the purview of this chapter, or (2) any authority to make appointments to positions under the House of Representatives, irrespective of whether such positions are within the purview of this chapter. (Pub. L. 88-652, § 12, Oct. 13, 1964, 78 Stat. 1083.) § 302. Regulations. The committee is authorized to prescribe such regulations as may be necessary to carry out the purposes of this chapter. (Pub. L. 88-652, § 13, Oct. 13, 1964, 78 Stat. 1084.) § 303. Dual compensation. For the purposes of applicable law relating to the payment to any employee subject to the House Employees Schedule or the House Wage Schedule of compensation from more than one civilian office or position, the rate of basic compensation of each employee subject to any such schedule shall be held and considered to be that rate which, when increased by additional compensation then currently authorized by law for House employees generally, equals or most nearly equals the per annum rate of compensation of such employee under such schedule. (Pub. L. 88-652, § 14, Oct. 13, 1964, 78 Stat. 1084.) 44 Mar. 4, 1909, ch. 297, § 1, 35 Stat. 859. 103 104 1951-Act Oct. 31, 1951, ch. 655, § 4, 65 Stat. 711, added the heading of chapter 4. POSITIVE LAW; CITATION This title has been made positive law by section 1 of act June 25, 1948, ch. 644, 62 Stat. 672, which provided in part that: "Title 3 of the United States Code, entitled 'The President', is codified and enacted into positive law and may be cited as '3 U. S. C., § —.' ” SAVINGS CLAUSE Section 2 of act June 25, 1948, provided that: "The provisions of title 3, "The President', set out in section 1 of this Act, shall be construed as a continuation of existing law and no loss of rights, interruption of jurisdiction, nor prejudice to matters pending on the effective date of this Act shall result from its enactment." REPEALS Section 3 of act June 25, 1948, provided that the sections or parts thereof of the Statutes at Large or the Revised Statutes covering provisions codified in this Act are repealed insofar as such provisions appeared in this title of the U. S. C. 1940 edition. PRIOR REPEALS 45 45a. 46 Feb. 26, 1907, ch. 1635, § 4, 34 Stat. 993. 105 106 107 Mar. 3, 1925, ch. 468, § 1, 43 Stat. 1198, 1199. Apr. 22, 1926, ch. 171, § 1, 44 Stat. 305. Feb. 3, 1887, ch. 90, § 1, 24 Stat. 373 66 67 6 6 8 June 23, 1913, ch. 3, § 1, 38 Stat. 23. Chapter 1.-PRESIDENTIAL ELECTIONS AND VACANCIES 201 202 203 205 206 204 207 208 Oct. 19, 1888, ch. 1216, § 1, 25 Stat. 613. May 29, 1928, ch. 859, § 4, 45 Stat. 946. May 29, 1928, ch. 859, § 5, 45 Stat. 946. June 5, 1934, ch. 390, § 6(b), 48 Stat. 879. May 29, 1928, ch. 859, § 6, 45 Stat. 946 June 5, 1934, ch. 390, § 6(c), 48 Stat. 879. Oct. 19, 1888, ch. 1216, § 1, 25 Stat. 613. R. 8. § 141. R. S. 143. 2. 123 4. 113 5. 12. 11 Credentials of electors; transmission to Administrator of General Services and to Congress; public inspection. 19. 20 21 22. Feb. 3, 1887, ch. 90, § 4, 24 Stat. 373 June 5, 1934, ch. 390, § 7, 48 Stat. 879. Feb. 3, 1887, ch. 90, § 5, 24 Stat, 374. Feb. 3, 1887, ch. 90, § 6, 24 Stat. 375 Feb. 3, 1887, ch. 90, § 7, 24 Stat, 375. Jan. 19, 1886, ch. 4, § 1, 24 Stat. 1. Jan. 19, 1886, ch. 4, § 2, 24 Stat. 1. 15 7. Meeting and vote of electors. Certificates of votes for President and Vice President. 10. Sealing and endorsing certificates. 11. Disposition of certificates. Failure to make choice on prescribed day. 3. Number of electors. Vacancies in electoral college. Determination of controversy as to appointment of electors. Page 81 1961-Pub. L. 87-389, § 2(b), Oct. 4, 1961, 75 Stat. 820, added item 21. 1951-Act Oct. 31, 1951, ch. 655, § 5, 65 Stat. 711, substituted "Administrator of General Services" for "Secretary of State" in items 6 and 12. § 1. Time of appointing electors. The electors of President and Vice President shall be appointed, in each State, on the Tuesday next after the first Monday in November, in every fourth year succeeding every election of a President and Vice President. (June 25, 1948, ch. 644, 62 Stat. 672.) § 2. Failure to make choice on prescribed day. Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct. (June 25, 1948, ch. 644, 62 Stat. 672.) §3. Number of electors. The number of electors shall be equal to the number of Senators and Representatives to which the several States are by law entitled at the time when the President and Vice President to be chosen come into office; except, that where no apportionment of Representatives has been made after any enumeration, at the time of choosing electors, the number of electors shall be according to the then existing apportionment of Senators and Representatives. (June 25, 1948, ch. 644, 62 Stat. 672.) § 4. Vacancies in electoral college. Each State may, by law, provide for the filling of any vacancies which may occur in its college of electors when such college meets to give its electoral vote. (June 25, 1948, ch. 644, 62 Stat. 673.) § 5. Determination of controversy as to appointment of electors. If any State shall have provided, by laws enacted prior to the day fixed for the appointment of the electors, for its final determination of any controversy or contest concerning the appointment of all or any of the electors of such State, by judicial or other methods or procedures, and such determination shall have been made at least six days before the time fixed for the meeting of the electors, such determination made pursuant to such law so existing on said day, and made at least six days prior to said time of meeting of the electors, shall be conclusive, and shall govern in the counting of the electoral votes as provided in the Constitution, and as hereinafter regulated, so far as the ascertainment of the electors appointed by such State is concerned. (June 25, 1948, ch. 644, 62 Stat. 673.) § 6. Credentials of electors; transmission to Administrator of General Services and to Congress; public inspection. It shall be the duty of the executive of each State, as soon as practicable after the conclusion of the appointment of the electors in such State by the final ascertainment, under and in pursuance of the laws of such State providing for such ascertainment, to communicate by registered mail under the seal of the State to the Administrator of General Services a certificate of such ascertainment of the electors appointed, setting forth the names of such electors and the canvass or other ascertainment under the laws of such State of the number of votes given or cast for each person for whose appointment any and all votes have been given or cast; and it shall also thereupon be the duty of the executive of each State to deliver to the electors of such State, on or before the day on which they are required by section 7 of this title to meet, six duplicate-originals of the same certificate under the seal of the State; and if there shall have been any final determination in a State in the manner provided for by law of a controversy or contest concerning the appointment of all or any of the electors of such State, it shall be the duty of the executive of such State, as soon as practicable after such determination, to communicate under the seal of the State to the Administrator of General Services a certificate of such determination in form and manner as the same shall have been made; and the certificate or certificates so received by the Administrator of General Services shall be preserved by him for one year and shall be a part of the public records of his office and shall be open to public inspection; and the Administrator of General Services at the first meeting of Congress thereafter shall transmit to the two Houses of Congress copies in full of each and every such certificate so received at the General Services Administration. (June 25, 1948, ch. 644, 62 Stat. 673; Oct. 31, 1951, ch. 655, § 6, 65 Stat. 711.) AMENDMENTS 1951-Act Oct. 31, 1951, substituted "Administrator of General Services" for "Secretary of State" in catchline and several places in the text, and for "Secretary of State of the United States" in one place in text, and "General Services Administration" for "State Department". TRANSFER OF FUNCTIONS Functions of the Secretary of State and Department of State under this section were transferred to the Administrator of General Services by section 1 of 1950 Reorg. Plan No. 20, eff. May 24, 1950, 15 F. R. 3178, 64 Stat. 1272, set out in note under section 133z-15 of Title 5, Executive Departments and Government Officers and Employees. Section 3 of that Plan vested power in the Administrator of General Services to delegate any of the transferred functions to any other officer, or to any agency or employee, of the General Services Administration. For transfer of records, property, personnel, and funds, see section 4 of such Plan. § 7. Meeting and vote of electors. The electors of President and Vice President of each State shall meet and give their votes on the first Monday after the second Wednesday in December |