FEDERAL EMPLOYEES SALARY INCREASE ACT OF 1958
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Document Creation Date:
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32
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Publication Date:
June 16, 1958
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REGULATION
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2d Session _ No. 1882
FEDERAL EMPLOYEES SALARY INCREASE ACT OF 1958
JUNE 16, 1958.-Ordered to be printed
Mr. MURRAY, from the committee of conference, submitted the
following
CONFERENCE REPORT
The committee of conference on the disagreeing votes of the two
Houses on the amendments of the Senate to the amendment of the
House to the bill (S. 734) entitled "An Act to revise the basic compen-
sation schedules of the Classification Act of 1949, as amended, and for
other purposes," having met, after full and free conference, have
agreed to recommend and do recommend to their respective Houses as
follows :
Amendment numbered 1:
That the Senate recede from its amendment numbered 1.
Amendments numbered 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, and 13:
That the House recede from its disagreement to the amendments of
the Senate numbered 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, and 13, and agree to
the same.
Amendment numbered 5:
That the House recede from its disagreement to the amendment of
the Senate numbered 5 and agree to the same with an amendment,
as follows :
In lieu of the matter proposed to be inserted by the Senate amend-
ment insert the following:
SEC. 10. Section 505 of the Classification Act of 1949, as amended
(5 U. S. C. 1105), is amended by adding at the end thereof the following
new subsections:
"(f) The Director of the Administrative Office of the United States
Courts is authorized to place a total of four positions in grade 17 of the
General Schedule. Such positions shall be in addition to the number of
positions authorized to be placed in such grade by subsection (b).
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"(g) The Commissioner of Immigration and Naturalization is
authorized to place a total of eleven positions in grade 17 of the General
Schedule. Such positions shall be in addition to the number of positions
authorized to be placed in such grade by subsection (b).
"(h) In any case in which, subsequent to February 1, 1958, provi-
sions are included in a general appropriation Act authorizing an agency
of the Government to place additional positions in grade 16, 17, or 18,
the total number of positions authorized by this section to be placed in
such grades shall, unless otherwise expressly provided, be deemed to have
been reduced by the number of positions authorized by such provisions to
be placed in such grades. Such reduction shall be deemed to have occurred
in the following order: first, from any number specifically authorized for
such agency under this section, and second, from the maximum number
of positions authorized to be placed in such grades under subsection (b)
irrespective of the agency to which such positions are allocated.
"(i) Appointments to positions in grades 16, 17, and 18 of the General
Schedule shall be made only upon approval by the Civil Service Com-
mission of the qualifications of the proposed appointees, except that this
subsection shall not apply to those positions-
"(1) provided for in subsection (e) of this section;
"(2) to which appointments are made by the President alone or
by the President by and with the advice and consent of the Senate;
and
"(3) for which the compensation is paid from (A) appropriations
for the Executive Office of the President under the headings `The
White House Office', `Special Projects', `Council of Economic
Advisers', `National Security Council', 'Office of Defense Mobiliza-
tion', and `President's Advisory Committee on Government Organi-
zation', or (B) funds appropriated to the President under the heading
`Emergency Fund for the President, National Defense' by the General
Government Matters Appropriation Act, 1959, or any subsequent
Act making appropriations for such purposes."
SEC, 11. (a) Section 505 (b) of the Classification Act of 1949, as
amended, is amended by striking out "twelve hundred and twenty-six"
and inserting "fifteen hundred and thirteen", by striking out "three
hundred and twenty-nine" and inserting `four hundred and one", and
by striking out "one hundred and thirty" and inserting "one hundred
and fifty-nine".
(b) Section 505 (e) of such Act is amended by striking out "thirtu-
seven" and inserting in lieu thereof "seventy five".
SEC. 12. (a) The first section of the Act of August 1, 1947 (Public
Law 313, Eightieth Congress), as amended, is amended by striking out
"one hundred and twenty" and "twenty five" in subsection (a) and
inserting in lieu thereof "two hundred and ninety-two" and "fifty",
respectively.
(b) Such section is further amended by striking out "thirty" in sub-
section (b) and inserting in lieu thereof "ninety".
(c) Such section is further amended by adding at the end thereof the
following new subsections:
"(d) The Secretary of the Interior is authorized to establish and fix
the compensation for not more than five scientific or professional positions
in the Department of the Interior, each such position being established to
effectuate those research and development functions of such Department
which require the services of specially qualified personnel.
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"(e) The Secretary of Agriculture is authorized to establish and fix
the compensation for not more than five scientific or professional positions
in the Department of Agriculture, each such position being established
to effectuate those research and development functions of such Department
which require the services of specially qualified personnel.
"(f) The Secretary of Health, Education, and Welfare is authorized
to establish and fix the compensation for not more than five scientific
or professional positions in the Department of Health, Education, and
Welfare, each such position being established to effectuate those research
and development functions of such Department which require the services
of specially qualified personnel.
"(g) The Secretary of Commerce is authorized to establish and fix the
compensation for not more than twenty-five scientific or professional posi-
tions in the Department of Commerce, of which not less than five shall be
for the United States Patent Office in its examining and related activities,
each such position being established to effectuate those research and de-
velopment functions of such Department which require the services of
specially qualified personnel.
"(h) In any case in which, subsequent to February 1, 1958, provisions
are included in a general appropriation Act authorizing an agency of the
Government referred to in this Act to establish and fix the compensation
of scientific or professional positions similar to those authorized by this
Act, the number of such positions authorized by this Act shall, unless
otherwise expressly provided, be deemed to have been reduced by the num-
ber of positions authorized by the provisions of such appropriation Act."
(d) Section 3 of such Act is amended by inserting after "Secretary of
Defense" a comma and the following: "the Secretary of the Interior, the
Secretary of. Agriculture, the Secretary of Commerce, the Secretary of
Health, Education, and Welfare,", and by inserting after "Military
Establishment" a comma and the following: "the Department of the In-
terior, the Department of Agriculture, the Department of Commerce, the
Department of Health, Education, and Welfare,".
(e) Section 208 (g) of the Public Health Service Act, as amended (42
U. S. C. 210 (g)), is amended by striking out "sixty positions" and in-
serting in lieu thereof "eighty-five positions, of which not less than seventy-
three shall be for the National Institutes of Health".
(f) The annual rate of basic compensation of the position of Chief
Postal Inspector in the Post Office Department shall be $19,000.
Sec. 18. (a) (1) Clause (2) of that paragraph of section 602 of the
Classification Act of 1949, as amended (5 U. S. C. 1112), which defines
the level of difficulty and responsibility of work in grade 5 of the General
Schedule (GS-5) is amended to read as ffollows:
"(2) to perform, under immediate- supervision, and with little
opportunity for the exercise of independent judgment, simple and
elementary work requiring professional, scientific, or technical train-
ing; or".
(2) Clause (2) of that paragraph of the same section which defines the
level of difficulty and responsibility of work in grade 7 of the General
Schedule (GS-7) is amended to read as follows:
"(2) under immediate or general supervision, to .perform some-
what difficult work requiring (A) professional, scientific, or technical
training, and (B) to a limited extent, the exercise of independent
technical judgment; or".
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(b) The Civil Service Commission shall exercise its authority to issue
such standards or regulations as may be necessary for the administration
of subsection (a) of this section.
Sec. 14. It is the sense of the Congress that appropriations for coopera-
tive agricultural extension work and appropriations for payments to
State agricultural experiment stations for the fiscal year beginning
July 1, 1958, should include additional amounts sufficient to provide
increases in the portion of the compensation of persons employed in
such work or by such stations, which is paid from such appropriations,
corresponding to the increases provided for employees under this Act.
And the Senate agree to the same.
TOM MURRAY,
JAMES H. MORRISON,
JAMES C. DAVIS,
EDWARD H. REES,
ROBERT J. CORBETT,
Managers on the Part of the House.
OLIN D. JOHNSTON,
MIKE MONRONEY,
DICK NEUBERGER,
FRANK CARLSON,
WILLIAM E. JENNER,
Managers on the Part of the Senate.
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STATEMENT OF THE MANAGERS ON THE PART OF THE HOUSE
The managers on the part of the House at the conference on the
disagreeing votes of the two Houses on the amendments of the Senate
to the amendment of the House to the bill (S. 734) entitled "An Act
to revise the basic compensation schedules of the Classification Act of
1949, as amended, and for other purposes," submit the following
statement in explanation of the effect of the action agreed upon by
the conferees and recommended in the accompanying conference
report:
Amendment No. 1: This amendment contains provisions governing
the adjustment of the rates of basic compensation of officers and em-
ployees receiving compensation under section 803 of the Classification
Act of 1949 (68 Stat. 1106; 5 U. S. C. 1133), authorizing higher rates
of basic compensation for hard-to-fill positions (at present and for the
most part, certain categories of positions requiring scientific and tech-
nical training). Under the provisions of Senate amendment No. 1,
those officers and employees in such scientific and technical positions
would not necessarily receive the full amount of the increase in basic
compensation provided by reason of section 2 (a) of the House amend-
ment for other officers and employees subject to the Classification
Act of 1949, if the Civil Service Commission, in effect, approved the
payment of certain lesser amounts of compensation to these officers
and employees in such scientific and technical positions. Under the
comparable provisions of the House amendment and without regard
to any administrative determination, these officers and employees in
such scientific and technical positions will receive the full amount of
the increase in basic compensation provided by reason of section 2 (a)
of the House amendment, to the same extent as. other officers and
employees and irrespective of any prior increases in, or establishment
of, their rates of basic compensation under section 803 of the Classifi-
cation Act of 1949. Although the conference agreement grants the
full amount of such increase to those officers and employees whose
compensation has been established or adjusted under section 803 of
the Classification Act of 1949, the committee of conference believes
that, under such section 803, the Civil Service Commission has ample
authority to make equitable adjustments and readjustments in the
future in the compensation relationships of these classes of officers and
employees, and, for this purpose, should make continuing or periodic
reviews of its actions and determinations under such section 803.
The Senate recedes.
Amendment No. 2: This amendment makes certain changes in the
comparable House provision relating to the adjustment of the rates of
basic compensation of employees in the offices of Senators. This
amendment broadens the House provisions to cover the adjustment of
basic compensation in those cases in which (1) a Senator shall have
died during the retroactive period, (2) an employee shall have trans.-
ferred from the office of one Senator to the office of another Senator
during the retroactive period, and (3) an employee shall have trans-
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ferred from the office of a Senator to a committee, or vice versa,
during the retroactive period. The House recedes.
Amendment No. 3: This amendment makes a change in the pro-
visions relating to the com ensation of House folding-room employees
in order to conform such provisions to necessary appropriations
procedures. The House recedes.
Amendment No. 4: This amendment provides that the retroactive
salary or compensation increases provided by this legislation shall
not be considered to be "basic salary" for the purposes of the Civil
Service Retirement Act in the case of any officer or employee who
retired or died during such period. This amendment does not affect
the right to payment of the salary or compensation increases in such
cases. The amendment eliminates the necessity of recomputation
and readjustment of retirement benefits which were fixed and de-
termined prior to the date of enactment of this legislation. This
amendment is similar to the last sentence of section 406 (a) of the act
of May 27, 1958 (72 Stat. 147; Public Law 85-426), relating to retro-
active salary increases for postal field service employees. The
House recedes.
Amendment No. 5: This amendment relates generally to the au-
thorization of (1) additional positions in grades 16, 17, and 18 of the
General Schedule of the Classification Act of 1949, as amended, and
(2) additional scientific and professional positions under Public Law
313, 80th Congress, as amended, and the Public Health Service
Act.
The House engrossed amendment contained provisions (in sees. 10,
11, and 12 thereof, which were struck out by Senate amendment
No. 5) to the following effect:
(1), The Director of the Federal Bureau of Investigation is
authorized to place a total of 75 positions in grades 16, 17, and
18 of the General Schedule in lieu of the present authority for 37
such positions.
(2) Each appointment to a position in grade 16, 17, or 18 of
of the General Schedule (except positions referred to in paragraph
(1), above).shall be subject to Civil Service Commission approval
of the qualifications of the proposed appointee.
(3) The annual salary for the position of Chief Postal In-
spector in the Post Office Department shall be $19,000.
Senate amendment No. 5 contained provisions to the following
effect:
(1) The Director of the Administrative Office of the United
States Courts is authorized to place a total of four positions in
grade 17 of the General Schedule.
(2) The Commissioner of Immigration and Naturalization is
authorized to place eleven positions in grade 17 of the General
Schedule. Such grade 17 positions are in lieu of eleven positions
which the Commissioner presently is authorized to place in
grade 16 of such General Schedule.
(3) The Civil Service Commission is authorized to allocate to
the various departments and agencies a total of not more than
1,779 positions in grades 16, 17, and 18 of the General Schedule,
including not more than 472 such positions in grade 17 and 188
such positions in grade 18. The Commission presently is author-
ized to so allocate a total of not more than 1,226 positions in
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NmpeE grades 16, 17, and 18, including not more than 329 in grade 17
and 130 in grade 18.
(4) The Director of the Federal Bureau of investigation is
authorized to place a total of 75 positions in his Bureau in grades
1.6, 17, and 18 of the General Schedule, in lieu of the total of 37
such positions authorized by existing law.
(5) The Secretary of Defense is authorized to establish not
more than 435 professional and scientific positions in the Depart-
ment of Defense and 50 such positions in the National Security
Agency, in lieu of the maximum totals of 120 and 25 authorized
for such Department and Agency, ,respectively, under Public
Law 313, 80th Congress, as amended.
(6) The Chairman of the National Advisory Committee for
Aeronautics is authorized to establish not more than 150 profes-
sional and scientific positions, in lieu of the maximum of 30 such
positions presently authorized by Public Law 313, as amended.
(7) The Secretary of the Interior is authorized to establish not
more than 10 scientific and professional positions under Public
Law 313, as amended.
(8) The Secretary of Agriculture is authorized to establish not
more than five scientific and professional positions under Public
Law 313, as amended.
(9) The Secretary of Health, Education, and Welfare is
authorized to establish not more than five professional and
scientific positions under Public Law 313, as amended.
(10) The Secretary of Commerce is authorized to establish not
more than 50 professional and scientific positions, of which not
less than 10 shall be in the United States Patent Office.
Senate amendment No. 5 also contains provisions to the further
effect that-
(1) The total number of positions in grades 16, 17, and 18 of
the General Schedule and the total number of professional and
scientific positions under Public Law 313, 80th Congress, as
amended, authorized by the amendment, shall be reduced by the
numbers of such positions, respectively, authorized subsequent to
February 1, 1958, in any general appropriation act;
(2) The head of each department who initially is authorized
by the amendment to establish scientific and professional positions
under such Public Law 313 shall be subject to the reporting
requirements of such law;
(3) The total of not to exceed 60 scientific and professional
positions authorized by the Public Health Service Act shall be
increased to a total of 8.5, of which not less than 73 shall be
in the National Institutes of Health;
(4) The level of difficulty and responsibility of work in grades
5 and 7 of the General Schedule of the Classification Act of 1949,
as amended, shall be redefined (with the new definitions contained
in the language of the amendment) to conform more accurately
to current requirements; and
(5) It is the sense of the Congress that appropriations for
cooperative agricultural extension work and for payments to State
agricultural experiment stations for the fiscal year 1959 include
additional amounts sufficient to grant 10 percent salary increases
to persons employed in such work or by such stations.
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The conference agreement contains provisions to the following
effect:
(1) The maximum number of positions in grades 16, 17, and
18 of the General Schedule for the Federal Bureau of Investigation
is increased from 37 to 75, as provided by the House engrossed
amendment.
(2) Each appointment to a position in grade 16, 17, or 18 of
the General Schedule will be subject to Civil Service Commission
approval of the qualifications of the proposed appointee (not
applied to such positions in the Federal Bureau of Investigation),
as provided by the House engrossed amendment, except that
appointments by the President and appointments to certain
positions in or under the Executive Office of the President shall
not be subject to such Commission approval.
(3) The annual salary of the position of Chief Postal Inspector
in the Post Office Department shall be $19,000, as provided by
the House engrossed amendment.
(4) The increases in total numbers of positions in grades 16,
17, and 18 of the General Schedule (except those referred to in
par. (1) above) and in the total numbers of scientific and profes-
sional positions under Public Law 313, 80th Congress, as amended
(including new authorizations for such positions) as contained in
Senate amendment No. 5 are reduced by 50 percent in the
conference agreement, except that under such agreement-
(A) four positions in grade 17 of the General Schedule are
authorized for the Administrative Office of the United States
Courts;
(B) eleven positions in grade 17 of the General Schedule
are authorized for the Immigration and Naturalization
Service, in lieu of the present total of 11 positions in grade 16
of such General Schedule for such Service;
(C) The number of professional and scientific positions for
the National Security Agency under Public Law 313 is in-
creased from 25 to 50; and
(D) The Secretary of Agriculture and the Secretary of
Health, Education, and Welfare each is authorized to estab-
lish not more than five scientific or professional positions
under Public Law 313, as amended,
in accordance with the provisions of the Senate amendment in
respect to such exceptions.
(5) The number of professional and scientific positions provided
by the Public Health Service Act is increased from 60 to 85, of
which not less than 73 shall be for the National Institutes of
Health, as provided by the Senate amendment.
(6) The level of difficulty and responsibility of work in grades
5 and 7 of the General Schedule of the Classification Act of 1949,
as amended, is redefined, with the new definitions'spelled out in
the language of the conference agreement, as provided by the
Senate amendment.
(7) It is the sense of the Congress that appropriations for
cooperative agricultural extension work and for payments to
State agricultural experiment stations for the fiscal year beginning
July 1, 1958, include additional amounts sufficient to grant 10
percent salary increases to persons employed in such work or by
such stations, as provided by the Senate amendment.
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FEDE:"W EMPLOYEES SALARY INCREASE ACT 01.,x.958 9
The committee of conference agreed to reduction in the numbers
of additional positions in grades 16, 17, and 18 of the General Schedule
of the Classification Act of 1949 and additional positions authorized
under Public Law 313, 80th Congress, as provided by Senate amend-
ment No. 5, in recognition of the hearings on the need for increase
in the numbers of such positions currently being held by the Subcom-
mittee on Manpower Utilization of the Committee on Post Office and
Civil Service of the House. The committee of conference further
agrees that the need exists for full and complete hearings on this
subject to ascertain the actual requirements of the departments and
agencies for such positions and to provide the departments and
agencies with the opportunity to Justify their specific requests, and
that in the future requests for additional such positions should be
made and justified by the departments concerned.
Amendment No. 6: This is a technical amendment which changes
a section number. The House recedes.
Amendment No. 7: This amendment, which is technical only, makes
a change in a section number. The House recedes.
Amendment No. 8: This amendment is a clarifying amendment
which adds the salary rate of $15,780 to the temporary rates for
level 18 of the Postal Field Service Schedule of the Postal Field
Service Compensation Act of 1955, as amended by the House version.
This"am.endm.ent will eliminate a possible inequity in the operation of
such salary schedule. The House recedes.
Amendment No. 9: This is a technical amendment which changes
a section number. The House recedes.
Amendment No. 10: This is a technical amendment which makes a
change in a section number. The House recedes.
Amendment No. 11: This amendment, which is a clarifying amend-
ment, prescribes effective dates for sections 12, 13, and 14 of this legis-
lation as added by Senate amendment No. 5. The House recedes.
Amendment No. 12: This amendment is a clarifying amendment
which reflects, for effective date purposes, the change in section num-
ber made by Senate amendment No. 6. The House recedes.
Amendment No. 13: This amendment makes the salary or com-
pensation increases provided by this legislation effective on the date
of enactment for the purpose of determining the amount of insurance
for which an individual is eligible under the Federal Employees' Group
Life Insurance Act of 1954. The comparable House provision made
such increases effective for this purpose on the first day of the first pay
period which begins on or after the date of enactment. The effect of
Senate amendment No. 13 is to provide greater insurance protection
for those employees whose amounts of insurance under such act will
be increased as a result of the increases provided by this legislation
in their salary or compensation, as of an earlier date than the date
provided by the comparable House provision. The House recedes.
TOM MURRAY,
JAMES H. MORRISON,
JAMES C. DAVIS,
EDWARD H. REES,
ROBERT J. CORBETT,
Managers on the Part of the House.
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