governing the employment of temporary and intermittent experts or consultants without regard to the Classification Act, among other things, limits the salary rate which can be paid such employees in agencies subject to the Classification Act to the maximum rate payable under that act. Public Law 597, June 3, 1948, which appropriates funds for the Federal judiciary for the fiscal year 1949 requires that the salaries of secretaries and clerks in that branch of the Government conform to specified grades of the Classification Act, although they are not subject to that act. The Administrative Procedures Act of June 11, 1946, the Commodity Credit Charter Act of June 29, 1948, and Public Law 489, April 20, 1948, concerning the compensation of members of the Alcoholic Beverage Control Board of the District of Columbia, specifically provide that certain positions shall be compensated in accordance with the Classification Act of 1923, as amended.

On the whole, H. R. 4169 is a bill of much merit. With the amendments we have recommended, it would, in our opinion, be a better bill, deserving of the support of the Commission and the executive branch generally.

The Bureau of the Budget advises there is no objection to the submission of this report.

By direction of the Commission.
Very sincerely,

JAMES M. MITCHELL, Acting President

CHANGES IN EXISTING LAW

In compliance with paragraph 2a of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill, as introduced, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, existing law in which no change is proposed is shown in roman):

[PUBLIC NO. 516-67TH CONGRESS]

[H. R. 8928]

(AN ACT To provide for the classification of civilian positions within the District of Columbia and in th field services.

[Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as "The Classification Act of 1923.'

[SEC. 2. That the term "compensation schedules" means the schedules of positions, grades, and salaries, as contained in section 13 of this Act.

[The term "department” means an executive department of the United States Government, a governmental establishment in the executive branch of the United States Government which is not a part of an executive department, the municipal government of the District of Columbia, the Botanic Garden, Library of Congress, Library Building and Grounds, Government Printing Office, the Smithsonian Institution, and the Office of the Architect of the Capitol.

[The term "the head of the department" means the officer or group of officers in the department who are not subordinate or responsible to any other officer of the department.

[The term "position" means a specific civilian office or employment, whether occupied or vacant, in a department other than the following: Offices or employments in the Postal Service; teachers, librarians, school attendance officers, and employees of the community center department under the Board of Education of the District of Columbia; officers and members of the Metropolitan police, the fire department of the District of Columbia, and the United States park police; and the commissioned personnel of the Coast Guard, the Public Health Service. and the Coast and Geodetic Survey.

[The term "employee" means any person temporarily or permanently in a position.

[The term "service" means the broadest division of related offices and employments.

[The term "grade" means a subdivision of a service, including one or more positions for which approximately the same basic qualifications and compensations are prescribed, the distinction between grades being based upon differences in the importance, difficulty, responsibility, and value of the work.

[The term "class" means a group of positions to be established under this act sufficiently similar in respect to the duties and responsibilities thereof that the

same requirements as to education, experience, knowledge, and ability are demanded of incumbents, the same tests of fitness are used to choose qualified appointees, and the same schedule of compensation is made to apply with equity. [The term "compensation" means any salary, wage, fee, allowance, or other emolument paid to an employee for service in a position.

[SEC. 3. The Commission shall make all necessary rules and regulations not inconsistent with the provisions of this Act and provide such subdivisions of the grades contained in section 13 hereof and such titles and definitions as it may deem necessary according to the kind and difficulty of the work. Its regulations shall provide for ascertaining and recording the duties of positions and the qualifications required of incumbents, and it shall prepare and publish an adequate statement giving (1) the duties and responsibilities involved in the classes to be established within the several grades, illustrated where necessary by examples of typical tasks, (2) the minimum qualifications required for the satisfactory performance of such duties and tasks, and (3) the titles given to said classes. In performing the foregoing duties, the Commission shall follow as nearly as practicable the classification made pursuant to the Executive order of October 24, 1921. The Commission may from time to time designate additional classes within the several grades and may combine, divide, alter, or abolish existing classes. Department heads shall promptly report the duties and responsibilities of new positions to the Commission. The Commission shall make necessary adjustments in compensation for positions carrying maintenance and for positions requiring only part-time service.

[In subdividing any grade into classes of positions, as provided in the foregoing paragraph, the Civil Service Commission, whenever it deems such action warranted by the nature of the duties and responsibilities of a class of positions in comparison with other classes in the same grade, and in the interests of good administration, is authorized to establish for any such class a minimum rate, which shall be one of the pay rates, but not in excess of the middle rate, of that grade as set forth in section 13 of this Act, as amended. Whenever the Commission shall find that within the same Government organization and at the same location gross inequities exist between basic per annum rates of pay fixed for any class of positions under this Act and the compensation of employees whose basic rates of pay are fixed by wage boards or similar administrative authority serving the same purpose, the Commission is hereby empowered, in order to correct or reduce such inequities, to establish as the minimum rate of pay for such class of positions any rate not in excess of the middle rate within the range of pay fixed by this Act for the grade to which such class of positions is allocated. For the purposes of this section the fourth rate of a six-rate grade shall be considered to be the middle rate of that grade. Minimum rates established under this paragraph shall be duly published by regulation and, subject to the foregoing provisions, may be revised from time to time by the Commission. The Commission shall make a

report of such actions or revisions with the reasons therefor to Congress at the end of each fiscal year. Actions by the Civil Service Commission under this paragraph shall apply to both the departmental and field services and shall have the force and effect of law

[SEC. 4. That after consultation with the Commission, and in accordance with a uniform procedure prescribed by it, the head of each department shall allocate all positions in his department in the District of Columbia to their appropriate grades in the compensation schedules and shall fix the rate of compensation of each employee thereunder, in accordance with the rules prescribed in section 6 herein Such allocations shall be reviewed and may be revised by the Commission and shall become final upon their approval by said Commission. Whenever an existing position or a position thereafter created by law shall not fairly and reasonably be allocable to one of the grades of the several services described in the compensation schedules, the Commission shall adopt for such position the range of compensation prescribed for a grade. or a class thereof, comparable therewith as to qualifications and duties.

[In determining the rate of compensation which an employee shall receive, the principle of equal compensation for equal work irrespective of sex shall be followed

[SEC. 5. That the compensation schedules shall apply only to civilian employees in the departments within the District of Columbia and shall not apply to employees in positions the duties of which are to perform or assist in apprentice, helper, or journeyman work in a recognized trade or craft and skilled and semiskilled laborers, except such as are under the direction and control of the eustodian of a public building or perform work which is subordinate, incidental.

or preparatory to work of a professional, scientific, or technical character. The Board shall make a survey of the field services and shall report to Congress at its first regular session following the passage of this act schedules of positions, grades, and salaries for such services, which shall follow the principles and rules of the compensation schedules herein contained insofar as these are applicable to the field services. This report shall include a list prepared by the head of each department, after consultation with the Board and in accordance with a uniform procedure prescribed by it, allocating all field positions in his department to their approximate grades in said schedules and fixing the proposed rate of compensation of each employee thereunder in accordance with the rules prescribed in section 6 herein.

[SEC. 6. That in determining the compensation to be established initially for the several employees the following rules shall govern:

[1. In computing the existing compensation of an employee, any bonus which the employee receives shall be included.

[2. If the employee is receiving compensation less than the minimum rate of the grade or class thereof in which his duties fall, the compensation shall be increased to that minimum rate.

[3. If the employee is receiving compensation within the range of salary prescribed for the appropriate grade at one of the rates fixed therein. no change shall be made in the existing compensation.

[4. If the employee is receiving compensation within the range of salary prescribed for the appropriate grade, but not at one of the rates fixed therein, the compensation shall be increased to the next higher rate.

[5. If the employee is not a veteran of the Civil War, or a widow of such veteran, and is receiving compensation in excess of the range of salary prescribed for the appropriate grade, the compensation shall be reduced to the rate within the grade nearest the present compensation.

[6. All new appointments shall be made at the minimum rate of the appropriate grade or class thereof

[SEC. 7. (a) Increases in compensation shall be allowed upon the attainment and maintenance of the appropriate efficiency ratings, to the next higher rate within the salary range of the grade: Provided, however, That in no case shall the compensation of any employee be increased unless Congress has appropriated money from which the increase may lawfully be paid, nor shall the rate for any employee be increased beyond the maximum rate for the grade to which his position is allocated. 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 civilservice 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. [(b) All employees compensated on a per annum basis, and occupying permanent positions within the scope of the compensation schedules fixed by this Act, who have not attained the maximum rate of compensation for the grade in which their positions are respectively allocated, shall be advanced in compensation successively to the next higher rate within the grade at the beginning of the next pay period following the completion of (1) each twelve months of service if such employees are in grades in which the compensation increments are less than $200. or (2) each eighteen months of service if such employees are in grades in which the compensation increments are $200 or more, subject to the following conditions:

[(1) That no equivalent increase in compensation from any cause was received during such period, except increase made pursuant to subsection (f) of this section

[(2) That an employee shall not be advanced unless his current efficiency is "good" or better than "good":

[(3) That the service and conduct of such employee are certified by the head of the department or agency or such official as he may designate as being otherwise satisfactory; and

[(4) That any employee, (A) who, while serving under permanent, war service, temporary, or any other type of appointment, has left his position to enter the armed forces or the merchant marine, or to comply with a war transfer as defined by the Civil Service Commission, (B) who has been separated under honorable conditions from active duty in the armed forces, or has received a certificate of satisfactory service in the merchant marine. or has a satisfactory record on war transfer, and (C) who, under regulations of the Civil Service Commission or the provisions of any law providing for restoration or reemployment, or under any other administrative procedure

with respect to employees not subject to civil service rules and regulations, is restored, reemployed, or reinstated in any position subject to this section, shall upon his return to duty be entitled to within-grade salary advancements without regard to paragraphs (2) and (3) of this subsection, and to credit such service in the armed forces, in the merchant marine, and on war transfer, toward such within-grade salary advancements. As used in this paragraph

the term "service in the merchant marine" shall have the same meaning as when used in the Act entitled "An Act to provide reemployment rights for persons who leave their positions to serve in the merchant marine, and for other purposes," approved June 23, 1943 (U. S. C., 1940 edition, Supp. IV, title 50 App., secs. 1471 to 1475, inc.).

[(c) The term "good" as used herein shall be defined in accordance with the systems of efficiency rating established pursuant to section 9 of the Classification Act of 1923, as amended.

[(d) For the purposes of this section, the fourth salary rate in grades 2 and 3 of the crafts, protective and custodial service shall be considered the middle rate. [(e) Employees eligible under subsection (b) for compensation advancement by reason of service immediately preceding the effective date of this amendment shall be advanced to the next higher rate of compensation within the grade to which their positions are respectively allocated at the beginning of the next quarter immediately following the effective date of this amendment.

[f) Within the limit of available appropriations, as a reward for superior accomplishment, under standards to be promulgated by the Civil Service Commission, and subject to prior approval by the Civil Service Commission, or delegation of authority as provided in subsection (g), the head of any department or agency is authorized to make additional within-grade compensation advancements, but any such additional advancements shall not exceed one step and no employee shall be eligible for more than one additional advancement hereunder within each of the time periods specified in subsection (b). All actions under this subsection and the reasons therefor shall be reported to the Civil Service Commission. The Commission shall present an annual consolidated report to the Congress covering the numbers and types of actions taken under this subsection. [(g) The Civil Service Commission is hereby authorized to issue such regulations as may be necessary for the administration of this section. In such regulations the Commission is hereby empowered, in its discretion, to delegate to the head of any department or agency, or his designated representative, the authority to approve additional within-grade compensation advancements provided for in subsection (f), without prior approval in individual cases by the Commission. The Commission is also authorized to withdraw or suspend such authority from time to time, whenever post-audit of such actions by the Commission indicates that standards promulgated by the Commission have not been observed.

[(h) The provisions of subsections (b) to (f), both inclusive, of this section shall not apply to the compensation of persons appointed by the President, by and with the advice and consent of the Senate.

[SEC. 8. That nothing in this Act shall modify or repeal any existing preference in appointment or reduction in the service of honorably discharged soldiers sailors, or marines, under any existing law or any Executive order now in force. [SEC. 9. That the Commission 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 degrees 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 Commission and by the employees of the department under conditions to be determined by the Commission 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 Commission.

[The Commission may require that one copy of such current ratings shall be transmitted to and kept on file with the Commission.

[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.

[The Civil Service Commission and heads of departments are authorized and directed to take such action as will apply the provisions of this section uniformly to all employees occupying positions within the compensation schedules fixed by this act as nearly as is practicable.

[SEC. 10. That, subject to such rules and regulations as the President may from time to time prescribe, and regardless of the department or independent establishment in which the position is located, an employee may be transferred from a position in one grade to a vacant position within the same grade at the same rate of compensation, or promoted to a vacant position in a higher grade at a higher rate of compensation, in accordance with civil-service rules, any provision of existing statutes to the contrary notwithstanding: Provided, That nothing herein shall be construed to authorize or permit the transfer of an employee of the United States to a position under the municipal government of the District of Columbia, or an employee of the municipal government of the District of Columbia to a position under the United States.

[SEC. 11. That nothing contained in this Act shall be construed to make permanent any temporary appointments under existing law.

[SEC. 12. That it shall be the duty of the Commission to make a study of the rates of compensation provided in this act for the various services and grades with a view to any readjustment deemed by said Commission to be just and reasonable. Said Commission shall, after such study and at such subsequent times as it may deem necessary, report its conclusions to Congress with any recommendations it may deem advisable.

[SEC. 13. That the compensation schedules be as follows:

[PROFESSIONAL AND SCIENTIFIC SERVICE

[The professional and scientific service shall include all classes of positions the duties of which are to perform routine, dvisory, administrative, or research work which is based upon the established principles of a profession or science, and which requires professional, scientific, or technical training equivalent to that presented by graduation from college or uhiversity of recognized standing.

[Grade 1 in this service, which may be referred to as the junior professional grade, shall include all classes of positions the duties of which are to perform, under immediate supervision, simple and elementary work requiring professional, scientific, or technical training as herein specified but little or no experience.

[The annual rates of compensation for positions in this grade shall be $2,974.80, $3,100.20, $3,225.60, $3,351, $3,476.40, $3,601.80, and $3,727.20.

[Grade 2 in this service, which may be referred to as the assistant professional grade, shall include all classes of positions the duties of which are to perform, under immediate or general supervision, individually or with a small number of subordinates, works requiring professional, scientific, or technical training as herein specified, previous experience, and, to a limited extent, the exercise of independent judgment.

[The annual rates of compensation for positions in this grade shall be $3,727.20, $3,852.60, $3,978, $4,103.40, $4,228.80, $4,354.20, and $4,479.60.