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prior to the date such office or position was covered into the classified civil service; and (2) upon passing such suitable noncompetitive examination as the Commission may prescribe : Provided, That any such incumbent who fails to pass the noncompetitive examination provided in his case shall be separated from the service not later than six months after the Commission advises the appointing officer that such employee has failed.

(b) Notwithstanding any of the provisions of subsection (a), no person shall be covered into the civil service, appointed, transferred, or promoted to, any position covered into the classified civil service under the provisions of section 1 of this Act, if such person is from a State whose quota of positions in the classified civil service is more than filled unless and until the quota of all States whose quota of positions in the classified civil service is unfilled has become filled. As used in this section the term "State" includes a Territory and the District of Columbia.

TITLE II-EXTENSION OF CLASSIFICATION ACT

SEC. 3. (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 officers 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 compenstion 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 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, except that the President may by Executive order extend the provisions of the Classification Act of 1923, as amended, to offices or positions in the Bureau of Lighthouses; 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 Classifi. cation Act of 1923, as amended, may by Executive order extend the provi

sions of such Act to include them. SEC. 4. The President is authorized, after suitable investigation by the Commission, which shall include consultation with representatives of the heads of executive denartments 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, and 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 piece-work 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. 5. When any extension of the Classification Act of 1923, as amended, becomes effective under this Act

(a) The allocations of offices 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 Commission; 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 this Act, 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. 6. 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. Nor shall anything in this Act be construed to prevent the application of the existing veteran-preference provisions in civil-service laws, Executive orders, and rulings.

SEC. 7. Section 9 of the Classification Act of 1923, as amended (42 Stat. 1490 ; U. S. C., 1934 edition, title 5, sec. 669), is hereby further amended by adding at the end thereof the following paragraph:

"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 or more members, the chairman to be designated by the Civil Service Commission and the other members to be designated by the head of the Department concerned. 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. After any such hearing, the board of review may make such adjustments in any such efficiency rating as it may find to be proper."

Passed the House of Representatives February 9, 1940.
Attest:

South TRIMBLE, Clerk.

AMENDMENT offered by Mr. NEELY to H. R. 960, now before Senate Committee

on Civil Service: Page 2, lines 6 through 8:

After the word "Corporation" insert a period and strike out remainder of Section 1.

AMENDMENT to be proposed by Mr. MEAD to the bill (H. R. 960) extending

the classified executive civil service of the United States, viz: On page 3, after line 11, insert the following:

(c) Notwithstanding the provisions of sections 1 and 2 of this Act, all persons who, at the time of passage of this Act are employed in temporary positions in the Bureau of the Census and who have been appointed from civil. service registers, shall acquire classified civil-service status upon recommendation by the Secretary of Commerce after completion of a satisfactory probational period by such persons, and certification by the Secretary of Commerce to the Civil Service Commission that such persons have served with merit for not less than six months: Provided, That the period of employment in the Bureau of the Census immediately prior to passage of this Act may be credited toward the probational period.

AMENDMENT Intended to be proposed by Mr. MEAD to the bill (H. R. 960)

extending the classified executive civil service of the United States, viz: On page 12, line 16, before the period insert the following: "and shall, at least five days before the date of such hearing, be permitted to examine any reports, letters, or other documents in the possession of the Department which were considered by the Department in determining his efficiency rating.”

AMENDMENTS Intended to be proposed by Mr. Mead to the bill (H. R. 960)

extending the classified executive civil service of the United States, viz: On page 12, line 5, after “members," insert the following: "who shall be selected without regard to race, creed, or color,".

On page 12, after line 18, insert the following new section :

"SEC. 8. (a) No applicant for examination for, or appointment to, any posi. tion in the classified civil service shall be required to furnish a photograph of himself to any officer or employee of the United States or to submit any information with respect to his race, creed, or color to any such officer or employee.

"(b) The Civil Service Commission shall, whenever called upon by a nominating or appointing officer to certify to such officer persons eligible for appointment to a vacancy in a classified civil-service position, certify to such nominating or appointing officer only the name of the person who ranks highest on the register of persons eligible for appointment to such position."

UNITED STATES CIVIL SERVICE COMMISSION,

Washington, D. C., March 29, 1939. Hon. ROBERT RAMSPECK, Chairman, Committee on the Civil Service,

House of Representatives. MY DEAR MR. CHAIRMAN: In reply to your letter of March 9, 1939, acknowledged on March 14, we wish to make the following comments on H. R. 960, a bill to extend the classified executive civil service and the scope of the Classification Act of 1923, as amended.

H. R. 960 consists of two titles: Title I. Extension of Civil Service Act, and title II, Extension of Classification Act. Title I, section 1, authorizes the President to extend the classified competitive civil service, notwithstanding any provisions of law to the contrary. It thus removes existing statutory obstacles to the exercise of the President's general authority to bring positions within the scope of the merit system. The area of authority given to the President in section 1 is to include corporations owned and controlled by the Government and the effect of the proviso in section 1 is to authorize the President to make such modifications as may be necessary in order that the President's action may not be inconsistent with the laws of the jurisdiction under which the corporation was organized or with its charter or articles of incorporation.

Section 2 of title I provides the method by which employees occupying positions at the time they are covered into the classified competitive civil service may acquire a competitive status. This procedure involves (a) a recommendation by the head of the agency concerned made within 1 year after the change in the legal status of the position, (b) certification within such period by the head of the agency to the Civil Service Commission that the incumbent has served with merit for not less than 6 months prior to the date of the change in the legal status of the position, and (c) incumbent must pass a suitable noncompetitive test of fitness prescribed by the Commission.

As a matter of language and intent, we raise the question whether or not the word “prior" in line 17, page 2, of the bill means immediately prior or at any time prior to the date when the position was covered into the classified competitive civil service. We suggest that the word "immediately” be inserted before "prior," if the intent is that the incumbent shall have rendered substantially continuous service for 6 months up to the time his position is brought within the merit system.

As you know, the Commission has consistently favored the extension of the provisions of the civil-service laws to include agencies and positions now excepted therefrom by statute. In the interests of good administration and feasibility of action, the machinery for accomplishing the widening of the area covered by the merit system is a matter of considerable importance. You will recall, by referring to the printed hearings on H. R. 2700, Seventy-fifth Congress, that the Commission expressed itself as being in favor of prescribing noncompetitive examinations for incumbents of positions brought under the merit system, in order that they might acquire a competitive civil-service status.

We wish, accordingly, to express our approval of title I of the bill. We believe that it should become law.

Title II of the bill proposes to enlarge the positional coverage of the Classification Act of 1923 so that eventually it will include many groups of positions, most of which are in the field service of the Government, now excluded therefrom.

The Commission has consistently favored the extension of the Classification Act of 1923 to positions in the field service and to those in the departmental service which are not now subject to that act. We believe that a general authority to be exercised by the President, such as that proposed in H. R. 960, is the method for obtaining a well-coordinated, scientific method of salary administration for that part of the field service which is not specifically covered by other salary or wage legislation. The essential feature of the Classification Act of 1923 is its centrally operated machinery for determining for each individual position which one of the pay scales established by Congress is applicable to it, based upon the principles and guides specified by Congress in the Classification Act and upon the character of its duties, tasks, responsibilities, and qualification requirements in comparison with similar positions and with positions of a simpler or a more exacting nature. It is unquestionably desirable to apply this method of salary determination to the field service as soon as the financial program of the President will permit.

In particular, we definitely prefer the gradual method of extending the Classification Act to the field service specified in H. R. 960, as contrasted with a procedure which would make such extension effective for all field service positions all at once. The present scope of the Classification Act includes about 80,000 positions located entirely in the District of Columbia. If the statute were extended to include all positions in the field service and the District of Columbia, now excepted from the Classification Act and not falling in any of the organizations excluded by section 3 (d) of the bill, the Classification Act as thereby extended would cover almost 400,000 positions located at various points throughout the country. The fact-finding procedures, analytical studies, hearings, and conferences necessary to bring 320,000 positions under the terms of the Classification Act all at once would be of unprecedented proportions. Before there could be any effort to make final allocations of positions to services, grades, and classes, the facts about the duties and responsibilities of 320,000 positions would have to be ascertained, analyzed, and evaluated, and many conferences with officials and employees would have to be held. In particular, the Commission would have to enlarge its central office classification staff considerably and develop a decentralized classification organization of trained investigators and analysts located at least in its 13 district offices in the field service.

It may be recalled that Congress allowed the former Personnel Classification Board 16 months to install the classification system in the District of Columbia, which covered at that time only about 55,000 positions, all located in the same geographic area.

Under the procedure specified in H. R. 960, the coverage of the Classification Act of 1923 could be enlarged in an orderly fashion over a period of years and a

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