Page:United States Statutes at Large Volume 54 Part 1.djvu/1249

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54 STAT.] 76TH CONG. , 3 D SESS.-CH. 919-NOV. 26 , 1940 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 (includ- ing the Philippine Islands), or political subdivision thereof, or coop- erating persons or organizations outside the service of the Federal Government, and the pay of which is fixed under a cooperative agree- ment 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 Philip- pine 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 law- fully 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 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 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 herein- after provided. Any employee shall, upon written request to the chairman of the appropriate board of review of his department, be 1215 42 Stat. 1488. 5U. S.C. §§ 661-674; Supp. V, §§673, 673c. 42 Stat. 1488. 5 U. . C. §§661-674; Snpp. V, §§ 673, 673c. Allocations. 42 Stat. 1489. 6U.S.0. 664. Initial compensa- tion. 42 Stat. 1490. 5U.S. C.§ 666. Promotions. Veteran preference. Boards of review, composition. Meetings; efficiency ratings. Right of employees to hearing, etc.