Page images
PDF
EPUB

tion shall be considered as having been performed by the Secretary. (Apr. 4, 1940, sec. 3, 54 Stat. 82.)

189–6. Other delegation powers of Secretary not affected.—The provisions of section 2 shall not be deemed to prohibit the delegation, under authority of any other provision of law, of the whole or any part of any regulatory function or other function to any officer or employee of the Department of Agriculture. (Apr. 4, 1940, sec. 4, 54 Stat. 82.)

189–7. Appropriation authorizations. There is hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act. (Apr. 4, 1940, sec. 5, 54 Stat. 82.)

189–8. Use of field work funds for employment of men with equipment, etc.—That hereafter funds available for field work in the Department of Agriculture shall be available for employment by contractor otherwise of men with equipment, boats, work animals, animaldrawn, and motor-propelled vehicles. (June 4, 1936, 49 Stat. 1422; 5 U. S. C., sec. 542a.) 189–9. Use of field work funds for purchase of arms and ammunition.That hereafter funds available for field work in the Department of Agriculture may be used for the purchase of arms and ammunition whenever the individual purchase does not exceed $50, and for individual purchases exceeding $50, when such arms and ammunition cannot advantageously be supplied by the Secretary of War pursuant to the Act of March 3, 1879 (20 Stat. 412). (June 4, 1936, 49 Stat. 1422; 5 U. S. C., sec. 542b.)

189–10. Statistics relating to turpentine and rosin.-That the Secretary of Agriculture is authorized and directed to collect and/or compile and publish annually, and at such other times, and in such form and on such date or dates as he shall prescribe, statistics and essential information relating to spirits of turpentine and rosin produced, held, and used in the domestic and foreign commerce of the United States. (Aug. 15, 1935, 49 Stat. 653; 5 U. s. C., sec. 556b.)

189–11. Secretary of Agriculture authorized to extend lease to Chicago, Milwaukee, and St. Paul Railway Company for ten years.—That the Secretary of Agriculture be, and he is hereby, authorized, in his discretion, to extend and renew for a term of ten years that certain lease to the Chicago, Milwaukee and Saint Paul Railway Company, bearing date the 26th day of June 1926, of a tract of land in the United States Department of Agriculture Range Livestock Experiment Station, in the State of Montana, containing an approximate area of two hundred and forty-one and sixty-seven one-hundredths acres, and also a strip of land for a right-of-way to said tract, executed by the Secretary of Agriculture under the authority of the Act of Congress approved June 9, 1926, upon the terms and conditions contained in said lease, or such other terms and conditions as the Secretary of Agriculture may deem proper; said renewal and extension to inure to the benefit of Chicago, Milwaukee, Saint Paul and Pacific Railroad Company (successor of said railway company), its trustees in bankruptcy, and of the corporation succeeding to the ownership of its railroad and property.“ (June 25, 1936, 49 Stat.

1922.)

CIVIL SERVICE COMMISSION AND CLASSIFIED CIVIL SERVICE

192a. Duties of civil service commissioners.—That it shall be the duty of said commissioners: (6) Political coercion.

Sixth. That no person in said service has any right to use his official authority or influence to coerce the political action of any person or body. And no person shall be discriminated against in any case because of his or her marital status in examination, appointment, reappointment, reinstatement, reemployment, promotion, transfer, retransfer, demotion, removal, or retirement. All Acts or parts of Acts inconsistent herewith are hereby repealed. (As amended July 26, 1937, 50 Stat. 533; 5 U. S. C., sec. 633.)

201. Applications for examination; certificate of residence.—Hereafter every application for examination before the Civil Service Commission for appointment in the departmental service in the District of Columbia shall be accompanied by a certificate of an officer, with his official seal attached, of the county and State of which the applicant claims to be a citizen, that such applicant was, at the time of making such application, a legal or voting resident of said county, and had been such resident for a period of not less than one year next preceding, but this provision shall not apply to persons who may be in the service with civil-service status and seek promotion or appointment in other branches of the Government. (July 11, 1890, sec. 1, 26 Stat. 235; May 15, 1937, 50 Stat. 168; 5 U.S. C., sec. 643.)

209–1. Duties of Commission as to Official Register.—That the United States Civil Service Commission shall cause to be compiled, edited, indexed, and published each year an Official Register of the United States, which shall contain a full and complete list of all persons occupying administrative and supervisory positions in the legislative, executive, and judicial branches of the Government, including the District of Columbia, in connection with which salaries are paid from the Treasury of the United States. The register shall show the name; official title; salary, compensation, and emoluments; legal residence and place of employment for each person listed therein: Provided, however, That the Official Register shall not contain the name of any postmaster or assistant postmaster, or any officer of the Army, Navy, and Marine Corps, unless such officer is assigned as an administrative officer.

To enable the United States Civil Service Commission to compile and publish the Official Register of the United States as early as practicable after the first of June of each year, the Executive Office, the legislative and judicial branches of the Government, the Commissioners of the District of Columbia, and the head of each executive department, independent office, establishment, and commission of the Government shall, as of the 1st day of May of each year, beginning with May 1, 1936, supply to the United States Civil Service Commission the data required by this Act, upon forms approved and furnished by the Commission, in due time to permit the publication of the Official Register as herein provided; and no extra compensation shall be allowed to any officer, clerk, or employee of the United States Civil Service Commission for compiling the Official Register. (Aug. 28, 1935, secs. 1, 2, 49 Stat. 956, 957; 5 U. S. C., sec. 652a.)

209–2. President authorized to cover additional Government employees into classified civil service; exceptions.—That notwithstanding any provisions of law to the contrary, the President is authorized by Executive order to cover into the classified civil service any offices or positions in or under an executive department, independent establishment, or other agency of the Government: 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 appointments to 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: Provided further, That the provisions of this section shall not apply to offices or positions in the Tennessee Valley Authority or to any positions in the Work Projects Administration or to any position to which appointments are made by the President by and with the advice and consent of the Senate, or to positions of assistant United States district attorney. (Nov. 26, 1940, Sec. 1, 54 Stat. 1211.)

209-3. Same; methods of accomplishing covering-in process; apportionment by states; effect upon employees of Congressmen.-(a) The incumbent of any office or position which is covered into the classified civil service under the provisions of section 1 of this Act shall not thereby acquire a classified civil-service status, except (1) upon recommendation by the head of the agency concerned within one year after such office or position has been covered into the classified civil service, and certification within such period by such head to the Civil Service Commission that such incumbent has served with merit for not less than six months immediately 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 shall be given only one such noncompetitive examination: Provided further, 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.

The appointment of any person occupying any position covered into the apportioned civil service in the District of Columbia under the provisions of section 1 of this Act shall be charged to the apportionment of his State. As used in this section "State includes a Territory and the District of Columbia.

(b) That from and after the effective date of this Act any person who shall have served for four years as a secretary, clerk or assistant clerk to a Senator, Representative, Delegate or Resident Commissioner, or as a clerk or assistant clerk to a standing committee of the Senate or House of Representatives or as a clerical employee of the Senate or House of Representatives and whose separation from the service is involuntary and without prejudice shall acquire, upon passing such suitable noncompetitive examination as the Civil Service Commission may prescribe, a classified civil service status for transfer to a position

a

a

in the classified civil service notwithstanding any contrary provisions of the civil service laws or regulations: Provided, That any individual who may hold such a position in the legislative branch must obtain such transfer within one year from the date of separation, and nothing in this Act shall be construed to impair any right of retransfer provided for under civil service laws or regulations made thereunder. (Nov. 26, 1940, Sec. 2, 54 Stat. 1212.)

219a. Efficiency ratings; 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 their 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.

The board may require that one copy of such current ratings shall be transmitted to and kept on file with 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. (Mar. 4, 1923, Sec. 9, 42 Stat. 1490; Nov.

, 26, 1940, Sec. 7, 54 Stat. 1215; 5 U. S. C., sec. 669.)

CLASSIFICATION OF CIVILIAN POSITIONS

227-1. Restoration of wage rates; adjustment of weekly rates and hours of employees under Classification Act.-The weekly compensation, minus any general percentage reduction which may be prescribed by Act of Congress, for the several trades and occupations, which is set by wagę boards or other wage-fixing authorities, shall be reestablished and maintained at rates not lower than necessary to restore the full weekly earnings of such employees in accordance with the full-time weekly earnings under the respective wage schedules in effect on June 1, 1932: Provided, That the regular hours of labor shall not be more than forty per week; and all overtime shall be compensated for at the rate of not less than time and one half.

Where the adjustment of regular hours of duty of employees subject to the provisions of the preceding paragraph requires the adjustment of regular hours of duty of any employee whose compensation is fixed under the Classification Act of 1923, as amended, the aggregate weekly earnings of such employee whose compensation is fixed under the Classification Act of 1923, as amended, for full-time service shall not be less by reason of such adjustment than his aggregate weekly earnings for full-time service prior to March 28, 1934. Full-time service within the meaning of this paragraph shall not be less than forty hours per week. For the purposes of this paragraph, authority is hereby granted to adjust the hourly rates of compensation of employees whose compensation is fixed under the Classification Act of 1923, as amended, to such extent as may be necessary to make the aggregate compensation for a forty-hour week equal to the compensation for a full-time week prior to March 28, 1934. (Mar. 28, 1934, Title II, sec. 23, 48 Stat. 522; June 26, 1936, sec. 1, 49 Stat, 1969; 5 U. S. C., sec. 673c.)

227–2. Claims of employees for increased compensation between July 1, 1917 and June 30, 1924. —That no claim for additional or increased compensation incident to services rendered by civilian employees of the Government of the United States or of the District of Columbia between July 1, 1917, and June 30, 1924, authorized by Acts making appropriations for the payment of such increased or additional compensation for the fiscal years ending June 30, 1918, to June 30, 1924, inclusive, shall be considered by the General Accounting Office unless presented to it within six months from the date of the enactment of this Act. (Aug. 10, 1939, 53 Stat. 1343; 5 U. S. C., sec. 680.)

227–3. President authorized to extend provisions of Classification Act and to prescribe additional classification, services, grades, and salaries; limitations.-(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

[ocr errors]
« PreviousContinue »