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; and [(xii) Offices or positions in the Tennessee Valley Authority. [(e) In carrying out the provisions of this title, and the provisions of the Classification Act of 1923, as amended, there shall be no discrimination against any person, or with respect to the position held by any person, on account of race, creed, or color. [SEC. 4. The President is authorized, after suitable investigation by the Commission, 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, 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 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. 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. [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 veteranpreference provisions in civil-service laws, Executive orders, and rulings [SEC. 7. Section 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 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."] CAN ACT To amend the Classification Act of 1923, as amended. [Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Classification Act of 1923, as amended, is hereby further amended as follows: [SEC. 2. Section 7 of the said Act is hereby amended by inserting the letter "(a)" after the figure "7" at the beginning of said section, and by adding the following paragraphs as subsections thereof: ["(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 quarter, following the completion of: (1) Each eighteen months of service if such employees are in grades in which the compensation increments are $60 or $100, or (2) each thirty months of service if such employees are in grades in which the compensation increments are $200 or $250, 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 whose rate of compensation is below the middle rate of the grade shall not be advanced unless his current efficiency is good or better than good; [(3) That an employee whose rate of compensation is at or above the middle rate of the grade shall not be advanced unless his current efficiency is better than good; ["(4) 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. ["(c) The term 'good' as used herein shall be defined in accordance with the systems of efficiency rating established pursuant to section 9 of this Act. ["(d) For the purposes of this section, the fourth salary rate in grades 2 and 3 of the 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, and in recognition of especially meritorious services, 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 President is hereby authorized to issue such regulations as may be necessary for the administration of this section. ["(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. 3. Section 9 of the said Act is hereby amended by adding thereto the following paragraph: ["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. 4. Section 13 of the said Act is hereby further amended so as to provide the following annual rates of compensation and salary steps within grades 14 and 15 of the clerical, administrative, and fiscal service and grades 7 and 8 of the professional and scientific service: ["Clerical, administrative, and fiscal service: ["Grade 14: $6,500, $6,750, $7,000, $7,250, $7,500. ["Grade 15: $8,000, $8,250, $8,500, $8,750, $9,000. ["Professional and scientific service: ["Grade 7: $6,500, $6,750, $7,000, $7,250, $7,500. [SEC. 5. (a) Title II of the Act of November 26, 1940, entitled "An Act extending the classified executive civil service of the United States", is hereby amended by deleting from section 3 (d) (viii) the words "verifiers, openers, packers, guards, inspectors, station inspectors" so that the paragraph as amended will read as follows: ["(viii) Offices or positions of clerks 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;". [(b) Upon the passage of this Act, the Secretary of the Treasury shall allocate to the services and grades of the compensation schedules of the Classification Act of 1923, as amended, the other positions heretofore covered by said Act of May 29, 1928, in the same manner as other positions in the field service of the Treasury Department are allocated under section 2 of the Act of July 3, 1930 (46 Stat. 1003). [(c) Nothing contained in this section shall be construed to decrease the existing compensation of any employee, but when his position shall become vacant it shall be filled in accordance with the regular compensation schedule applicable to such position.] * [SEC. 7. There are hereby authorized to be appropriated such sums as may be necessary to carry the provisions of this Act into effect. [SEC. 8. Insofar as they are inconsistent or in conflict with prior laws, the provisions of this Act shall control. [SEC. 9. This Act shall take effect on July 1, 1941. [[PUBLIC LAW 694-77TH CONGRESS] [[CHAPTER 543-2D SESSION] [AN ACT To amend section 13 of the Classification Act of 1923, as amended. [Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 13 of the Classification Act of 1923, as amended, is hereby further amended to change the salary rates and definitions of certain grades therein, and the title and definition of the custodial service to read as follows: (NOTE. Those provisions of sec. 13 of the Classification Act of 1923, which are contained in Public Law 694, 77th Cong., are omitted, since such provisions have been further amended and are set forth above in their latest form as a part of the Classification Act of 1923, as amended.) [SEC. 2. (a) Until such time as the provisions of title II of the Act of November 26, 1940 (Public, Numbered 880, Seventy-sixth Congress), become effective, the heads of the several executive departments and independent establishments having field positions in the grades affected by this Act, the compensation of which is required to be fixed in accordance with section 13 of the Classification Act of 1923, as amended, are authorized and directed to adjust such compensation to conform to the rates established for such grades under this Act. [(b) Section 3 (d) (viii) of the Act of November 26, 1940 (Public, Numbered 880, Seventy-sixth Congress), as amended by the Act of August 1, 1941 (Public, Numbered 200, Seventy-seventh Congress), is hereby further amended by deleting therefrom the words "and laborers". [(c) Upon the passage of this Act, the Secretary of the Treasury shall allocate to the services and grades of the compensation schedules of the Classification Act of 1923, as amended, the positions of laborers heretofore covered by the Act of May 29, 1928 (45 Stat. 955), as amended, in the same manner as other positions in the field service of the Treasury Department are allocated under section 2 of the Act of July 3, 1930 (46 Stat. 1005). [(d) Nothing contained in subsections (b) or (c) of this section shall be construed to decrease the existing compensation of any employee, but when his position shall become vacant it shall be filled in accordance with the regular compensation schedule applicable to such position. [SEC. 3. In adjusting initially the rates of pay of employees affected by the provisions of this Act, the rules prescribed by section 6 of the Classification Act of 1923, as amended, shall govern: Provided, That existing allocations of positions previously made by the Civil Service Commission in the custodial service shall be used for initial pay-adjustment purposes under this Act and shall remain in effect until changed by the Civil Service Commission under provisions of this Act: Provided further, That in the case of positions subject to the allocation jurisdiction of the Civil Service Commission, and allocable to new grades six, seven, eight, nine, and ten of the professional and scientific service or new grades thirteen, fourteen, fifteen, sixteen, and seventeen of the clerical, administrative, and fiscal service, no such position shall be allocated to any of such new grades nor any incumbent paid any increased rate under this Act, unless and until the position concerned has been finally allocated to such grade by the Civil Service Commission in accordance with the provisions of this Act: And provided further, That nothing contained in this Act shall operate to decrease the pay of any present employee. [SEC. 4. There are hereby authorized to be appropriated such sums as may be necessary to carry the provisions of this Act into effect. [SEC. 5. This Act shall take effect] FEDERAL EMPLOYEES PAY ACT OF 1945 [TITLE IV-AMENDMENTS TO CLASSIFICATION ACT OF 1923, AS AMENDED [ESTABLISHMENT OF RATES FOR CLASSES OF POSITIONS WITHIN GRADES SEC. 401. Section 3 of the Classification Act of 1923, as amended, is amended by inserting at the end of such section a paragraph reading as follows: ["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 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." [PERIODIC WITHIN-GRADE SALARY ADVANCEMENTS [SEC. 402. Subsection (b) of section 7 of the Classification Act of 1923, as amended, is amended to read as follows: ["(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.)." [REWARDS FOR SUPERIOR ACCOMPLISHMENT; AUTHORIZATION AND LIMITATIONS [SEC. 403. Subsection (f) of section 7 of the Classification Act of 1923, as amended, is amended to read as follows: ["(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 dele gation 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 shell 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." [REWARDS FOR SUPERIOR ACCOMPLISHMENT; RESPONSIBILITY OF CIVIL SERVICE COMMISSION [SEC. 404. Subsection (g) of section 7 of the Classification Act of 1923, as amended, is amended to read as follows: ["(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 |