1212 PUBLIC LAWS-CH. 919-NOV. 26, 1940 L[4 STAT. Incumbent's aqui- SEC. 2. (a) The incumbent of any office or position which is cov- sition of civil-service status. ered into the classified civil service under the provisions of section 1 of this Act shall not thereby acquire a classified civil-service status, Recommendation except (1) upon recommendation by the head of the agency concerned and ertiti 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; Noncompetitive ex- and (2) upon passing such suitable noncompetitive examination as amination. "Prs the Commission may prescribe: Provided, That any such incumbent Limitation. shall be given only one such noncompetitive examination: Provided Failure to pass, ef- further, That any such incumbent who fails to pass the noncompetitive fe c t. examination provided in his case shall be separated from the service not later than six months after the Commission advises the appoint- ing officer that such employee has failed. Appointments The appointment of any person occupying any position covered into apportionment. the apportioned civil service in the District of Columbia under the provisions of section 1 of this Act shall be charged to the apportion- " State" construed. ment of his State. As used in this section "State" includes a Territory and the District of Columbia. Acquisition of civil- (b) That from and after the effective date of this Act any person who Stielegisat er- shall have served for four years as a secretary, clerk or assistant clerk ployees. 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 Nonompetitive ex- involuntary and without prejudice shall acquire, upon passing such anation suitable noncompetitive examination as the Civil Service Commission may prescribe, a classified civil service status for transfer to a position in the classified civil service notwithstanding any contrary provisions roviso. of the civil service laws or regulations: Provided,That any individual Time limitation. 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. TITLE IT-EXTENSION OF CLASSIFICATION ACT Authority of the President. 42 Stat. 1488. U. S .C . §§ 661-674; Supp. V, 1§673, 673c. Proriso. Extension of Act to designated corpora- tions. SEC. 3. (a) Subject to the limitations contained in this section, when- ever 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 recom- mendations, 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 mcorpora- tion of any such corporation. redX al.
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