Un

in grades GS-13, 14, and 15. Today there are 6.9 percent in these three grades. In 1949, there were 2,080 Federal employees in grade GS-15; today there are 8,134. This is an increase of 300 percent. When the supergrades were first established in 1949, it was the general intent of the Congress that they be used largely to attract additional talent and ability into the Federal Government. doubtedly, this has been the case to some degree. However, the subcommittee has noted an increasing use of these top jobs for promoting employees already on the payroll. This, in itself, is not necessarily bad, but we do question the use of supergrades as a means for speeding up the inflationary spiral in our salary and wage schedules. During the hearings we expect to hear from management officials of several departments and agencies, as well as a representative of the hearing examiners.

(The bill H.R. 7377 follows:)

[H.R. 7377, 87th Cong., 1st sess.]

A BILL To increase the limitation on the number of positions which may be placed in the top grades of the Classification Act of 1949, as amended, and on the number of research and development positions of scientists and engineers for which special rates of pay are authorized; to fix the compensation of hearing examiners; and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I-POSITIONS IN TOP GRADES OF CLASSIFICATION ACT OF 1949

INCREASE IN NUMBER OF AUTHORIZED TOP GRADE POSITIONS UNDER CLASSIFICATION ACT OF 1949

SEC. 101. (a) Subsection (b) of section 505 of the Classification Act of 1949, as amended (5 U.S.C. 1105(b)), relating to the maximum number of positions authorized at any one time for grades 16, 17, and 18 of the General Schedule of such Act, is amended to read as follows:

"(b) Subject to subsections (c), (d), (e), (f), (g), and (j) of this section, a majority of the Civil Service Commissioners are authorized to establish and, from time to time, revise the maximum numbers of positions (not to exceed two thousand and ninety-six) which may be in grades 16, 17, and 18 of the General Schedule at any one time; except that of such positions one hundred shall be so classified initially only if and to the extent that the President determines that a need for such positions exists.".

(b) Subsection (j) of such section 505, as amended (5 U.S.C. 1105(j)), relating to positions authorized for the Department of Defense in grades 16, 17, and 18 of the General Schedule of the Classification Act of 1949, is amended by striking out "three hundred seventy-two positions" and inserting in lieu thereof "four hundred twenty-two positions".

CONFORMING CHANGES IN EXISTING LAW

SEC. 102. The following provisions of law are hereby repealed:

(1) Subsections (f), (k), and (1) of section 505 of the Classification Act of 1949, as amended (5 U.S.C. 1105(f), (k), and (l)), authorizing five positions, two hundred and sixty positions, and twenty-five positions in grades 16, 17, and 18 of the General Schedule of such Act for the National Security Council, the Department of the Treasury, and the Interstate Commerce Commission, respectively.

(2) Sections 202(b) and 302 (j) of the Federal Aviation Act of 1958 (72 Stat. 742 and 747; 49 U.S.C. 1322(b) and 1343(h)), authorizing eight positions and seventy positions in grades 16, 17, and 18 of the General Schedule of the Classification Act of 1949 for the Civil Aeronautics Board and the Federal Aviation Agency, respectively.

(3) The last sentence of section 5(a) of the Small Business Act (72 Stat. 385; 15 U.S.C. 634(a)), authorizing fifteen positions in grades 16, 17, and 18 of such General Schedule for the Small Business Administration.

(4) Section 205(a) (11) of the National Capital Transportation Act of 1960 (74 Stat. 543; Public Law 86-669), authorizing five positions in grades 16, 17, and 18 of such General Schedule for the National Capital Transportation Agency.

(5) The proviso in the paragraph under the heading "FEDERAL POWER COMMISSION" and under the subheading "SALARIES AND EXPENSES" in title I of the Independent Offices Appropriation Act, 1961 (74 Stat. 429; Public Law 86-626), authorizing six positions in grades 16, 17, and 18 of such General Schedule for the Federal Power Commission.

(6) The proviso in the paragraph under the heading "CIVIL AERONAUTICS BOARD" and under the subheading "SALARIES AND EXPENSES" in title III of the Department of Commerce and Related Agencies Appropriation Act, 1959 (72 Stat. 237; 49 U.S.C. 1322, note), authorizing ten positions in such grades 16, 17, and 18 for the Civil Aeronautics Board.

(7) The fourth sentence of section 10(b) (4) of the Railroad Retirement Act of 1937 (72 Stat. 1781; 45 U.S.C. 228j (b)(4)), authorizing nine positions in such grades 16, 17, and 18 for the Railroad Retirement Board.

(8) That part of the first sentence of section 601 of the Supplemental Defense Appropriation Act, 1958 (72 Stat. 8; 10 U.S.C. 1581, note), authorizing the Secretary of Defense to place ten positions in such grades 16, 17, and 18, which reads as follows: ", and to place ten positions in grades 16, 17, or 18 of the General Schedule, in accordance with the procedures prescribed in the Classification Act of 1949, as amended".

(9) The last paragraph under the heading "GENERAL SERVICES ADMINISTRATION" in title I of the Independent Offices Appropriation Act, 1957 (70 Stat. 345; Public Law 623, Eighty-fourth Congress), authorizing ten positions in grade 16 of the General Schedule of the Classification Act of 1949 for the General Services Administration.

(10) That part of the second sentence of section 3 of Reorganization Plan Numbered 1 of 1958, effective July 1, 1958 (72 Stat. 1800; 23 F.R. 4991), authorizing not to exceed ten positions of regional director of the regional offices of the Office of Civil and Defense Mobilization to receive compensation under the Classification Act of 1949 without regard to the numerical limitations on positions in section 505 of such Act, which reads as follows: "except that the compensation may be fixed without regard to the numerical limitations on positions set forth in section 505 of the Classification Act of 1949, as amended (5 U.S.C. 1105)".

(11) The paragraph under the heading "COMMODITY CREDIT CORPORATION" in chapter I of the Supplemental Appropriation Act, 1956 (69 Stat. 451; 15 U.S.C. 714h, note), authorizing the position of sales manager in the Commodity Credit Corporation to be placed in grade 17 of the General Schedule of the Classification Act of 1949.

(12) Section 302 of the Act of July 31, 1956 (70 Stat. 743; 5 U.S.C. 517c), authorizing three positions of Deputy Administrator of the Agricultural Research Service, Department of Agriculture, to be placed in grade 18 of such General Schedule.

(13) That part of the first paragraph of section 205 of the Public Works Appropriation Act, 1958 (71 Stat. 423; Public Law 85-167), which reads as follows: the position of Administrator of the Southeastern Power Administration shall be in grade GS-18 of the Classification Act of 1949, as amended, but without regard to the numerical limitation contained in section 505 of said Act;".

(14) That part of the sixth sentence of section 3(a) of the Fish and Wildlife Act of 1956 (70 Stat. 1120; 16 U.S.C. 742b (a)), authorizing the position of Director of the Bureau of Commercial Fisheries, and of Director of the Bureau of Sport Fisheries and Wildlife, United States Fish and Wildlife Service, Department of the Interior, to be placed in grade 17 of the General Schedule of the Classification Act of 1949, which reads: "at Grades GS-17 each".

(15) The second proviso in the paragraph under the heading "CIVIL AERONAUTICS ADMINISTRATION" and under the subheading "OPERATION AND REGULATION" in title I of the Department of Commerce and Related Agencies Appropriation Act, 1959 (72 Stat. 228; 49 U.S.C. 1343, note), authorizing ten positions in grades 16, 17, and 18 of the General Schedule of the Classification Act of 1949.

SAVINGS PROVISIONS

SEC. 103. (a) The changes in existing law made by sections 101 and 102 of this title shall not affect any position existing immediately prior to the effective date of such changes in existing law, the compensation attached to such position, and any incumbent thereof, his appointment thereto, and his entitlement to receive

the compensation attached thereto, until appropriate action is taken in accordance with this title.

(b) Positions in grades 16, 17, or 18, as the case may be, of the General Schedule of the Classification Act of 1949, as amended, immediately prior to the effective date of this section, shall remain, on and after such effective date, in their respective grades, until appropriate action is taken under section 505 of the Classification Act of 1949 as in effect on and after such effective date.

TITLE II-SCIENTIFIC AND PROFESSIONAL POSITIONS AND POSITIONS OF A SECURITY NATURE

INCREASE IN NUMBER OF POSITIONS OF A SECURITY NATURE IN THE NATIONAL SECURITY AGENCY UNDER THE ACT OF MAY 29, 1959

SEC. 201. Section 2 of the Act of May 29, 1959 (73 Stat. 63; Public Law 86-36), authorizing the Secretary of Defense to establish positions in the National Security Agency, is amended by striking out "Not more than fifty such officers and employees shall be paid basic compensation at rates equal to rates of basic compensation contained in grades 16, 17, and 18 of such General Schedule." and inserting in lieu thereof the following: "Not more than seventy such officers and employees shall be paid basic compensation at rates equal to rates of basic compensation contained in grades 16, 17, and 18 of such General Schedule.".

INCREASE IN NUMBER OF SCIENTIFIC AND PROFESSIONAL POSITIONS UNDER THE ACT OF AUGUST 1, 1947 (PUBLIC LAW 313, EIGHTIETH CONGRESS)

SEC. 202. (a) The Act of August 1, 1947 (Public Law 313, Eightieth Congress), as amended (5 U.S.C. 1161-1163), is amended to read as follows:

"That (a) the Secretary of the Interior is authorized to establish and fix the compensation for not more than ten 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.

"(b) The Secretary of Agriculture is authorized to establish and fix the compensation for not more than twenty 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.

"(c) The Secretary of Health, Education, and Welfare is authorized to establish and fix the compensation for not more than fifteen 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.

(d) The Secretary of Commerce is authorized to establish and fix the compensation for not more than thirty scientific or professional positions 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 development functions of such department which require the services of specially qualified personnel.

(e) The Postmaster General is authorized to establish and fix the compensation for not more than three scientific or professional positions in the Post Office Department, each such position being established to effectuate those research and development functions of such Department which require the services of specially qualified personnel.

"SEC. 2. (a) Positions created pursuant to this Act shall be included in the classified civil service of the United States, but appointments to such positions shall be made without competitive examination upon approval of the proposed appointee's qualifications by the United States Civil Service Commission or such officers and agents as the Commission may designate for this purpose.

"(b) The rates of compensation for positions established pursuant to the provisions of this Act shall not be less than $12,500 per annum nor more than $19,000 per annum and shall be subject to the approval of the United States Civil Service Commission.

"(c) 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 pro

fessional 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 number of positions authorized by the provisions of such appropriation Act.

"SEC. 3. The head of each department authorized to establish and fix the compensation of positions under this Act shall submit to the Congress, not later than December 31 of each year, a report setting forth the number of positions established pursuant to this Act in his department during that calendar year, and the name, rate of compensation, and description of the qualifications of each incumbent, together with a statement of the functions performed by each. In any instance in which any such department head may consider full public report on these items detrimental to the national security, such department head is authorized to omit such items from his annual report and, in lieu thereof, to present such information in executive sessions of such committees of the Senate and House of Representatives as the presiding officers of those bodies shall designate."

INCREASE IN NUMBER OF SCIENTIFIC AND PROFESSIONAL POSITIONS IN DEPARTMENT

OF DEFENSE UNDER SECTION 1581 (a) OF TITLE 10, UNITED STATES CODE SEC. 203. Section 1581(a) of title 10 of the United States Code, authorizing the Secretary of Defense to establish not more than four hundred fifty scientific and professional positions in the Department of Defense, is amended by striking out "four hundred fifty civilian positions" and inserting in lieu thereof "five hundred sixty-five civilian positions".

INCREASE IN NUMBER OF SCIENTIFIC AND PROFESSIONAL POSITIONS IN THE NATIONAL SECURITY AGENCY UNDER THE ACT OF MAY 29, 1959

SEC. 204. Section 4 of the Act of May 29, 1959 (73 Stat. 63; Public Law 86-36), authorizing the Secretary of Defense to establish not more than fifty scientific and professional positions in the National Security Agency, is amended by striking out "fifty civilian positions" and inserting in lieu thereof "sixty civilian positions".

THE

INCREASE IN NUMBER OF SCIENTIFIC AND PROFESSIONAL POSITIONS IN FEDERAL AVIATION AGENCY UNDER SECTION 302 (h) OF THE FEDERAL AVIATION ACT OF 1958

SEC. 205. Section 302 (h) of the Federal Aviation Act of 1958 (72 Stat. 746; 49 U.S.C. 1343(f)), authorizing the Administrator of the Federal Aviation Agency to establish not more than fifteen scientific and professional positions in the Federal Aviation Agency, is amended by striking out "fifteen positions" and inserting in lieu thereof "twenty positions".

INCREASE IN NUMBER OF SCIENTIFIC, ENGINEERING, AND ADMINISTRATIVE POSITIONS IN THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION UNDER SECTION 203(b)(2) OF THE NATIONAL AERONAUTICS AND SPACE ACT OF 1958

SEC. 206. Section 203(b) (2) of the National Aeronautics and Space Act of 1958 (72 Stat. 429; 42 U.S.C. 2473(b) (2)), authorizing the Administrator of the National Aeronautics and Space Administration to establish not more than two hundred and ninety scientific, engineering, and administrative positions in the National Aeronautics and Space Administration, is amended by striking out "two hundred and ninety" and inserting in lieu thereof "three hundred and forty".

TITLE III-REALINEMENT OF COMPENSATION OF CERTAIN POSITIONS UNDER THE CLASSIFICATION ACT OF 1949 AND THE FEDERAL EXECUTIVE PAY ACT OF 1956

REMOVAL OF LIMITATION ON COMPENSATION OF OFFICERS OF DEVELOPMENT LOAN

FUND

SEC. 301. The second sentence of section 205(b) of the Mutual Security Act of 1954, as amended (22 U.S.C. 1875 (b)), providing a limitation of $18,000 per annum on the compensation of four officers of the Development Loan Fund, is amended by striking out "and whose compensation shall be at a rate not in excess of $18,000 per year".

REMOVAL OF CERTAIN POSITIONS FROM THE PURVIEW OF THE FEDERAL EXECUTIVE PAY ACT OF 1956

SEC. 302. (a) Section 107(a) of the Federal Executive Pay Act of 1956, as amended (5 U.S.C. 2206(a)), providing annual compensation of $17,500 for certain positions, is amended by striking out the following paragraphs:

"(2) Administrator, Bonneville Power Administration.";

"(3) Administrator, Farmers' Home Administration.";

"(4) Administrator, Soil Conservation Service, Department of Agriculture."; "(9) Chief Forester of the Forest Service, Department of Agriculture."; "(10) Chief of Staff of the Joint Committee on Internal Revenue Taxation."; "(11) Commissioner of Customs.";

"(12) Commissioner, Federal Supply Service, General Services Administration.";

"(14) Commissioner of Narcotics.";

"(15) Commissioner, Public Buildings Service.";

"(16) Commissioner of Public Roads.";

"(17) Commissioner of Reclamation."

"(22) Manager, Federal Crop Insurance Corporation, Department of Agriculture."; and

"(23) Director of Coal Research, Department of the Interior.".

(b) Section 107(b) of the Federal Executive Pay Act of 1956, as amended (5 U.S.C. 2206(b)), providing annual compensation of $17,000 for certain positions, is amended by striking out

"(2) Treasurer of the United States.".

CONFORMING CHANGES IN EXISTING LAW

SEC. 303. (a) Section 303 (a) of title 23 of the United States Code, providing annual compensation of $17,500 for the Commissioner of Public Roads, is amended by striking out the following sentence:

"The Commissioner of Public Roads shall receive basic compensation at the rate of $17,500 per annum.".

(b) The first sentence of section 5(d) of the Farm Credit Act of 1953, as amended (73 Stat. 387; 12 U.S.C. 636d(d)), providing annual compensation of $17,500 for not more than three positions of deputy governor in the Farm Credit Administration, is amended by striking out ": Provided, That the salary of not more than three positions of deputy governor shall each be fixed by the Board at a rate not exceeding $17,500 per annum'

(c) (1) There is hereby repealed the second sentence of section 4201 of title 18 of the United States Code, providing annual compensation of $17,500 for each member of the Board of Parole in the Department of Justice, which reads as follows: "The annual rate of basic compensation of each member of the Board shall be $17,500.".

(2) The section heading of such section 4201 is amended by striking out "; salaries".

(3) The table of contents of chapter 311 of such title 18 is amended by striking

out

"4201. Board of Parole; members; salaries."

and inserting in lieu thereof

"4201. Board of Parole; members.".

(d) Notwithstanding any other provision of law, the rate of gross annual compensation of the Chief of Staff of the Joint Committee on Internal Revenue Taxation shall be an amount which is equal to $17,500, as increased in the manner provided by section 4(r) of the Federal Employees Salary Increase Act of 1958 (72 Stat. 209; Public Law 85-462) and section 117(g) of the Federal Employees Salary Increase Act of 1960 (Part B of the Act of July 1, 1960; 74 Stat. 304; Public Law 86-568).

(e) On and after the effective date of this subsection, section 116(a) of the Federal Employees Salary Increase Act of 1960 (Part B of the Act of July 1, 1960; 74 Stat. 303; Public Law 86-568) shall not be applicable with respect to the Deputy Director of the Administrative Office of the United States Courts.