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86TH CONGRESS 
HOUSE OF REPRESENTATIVES 
Report 
Ist Session : 
No. 1138 
REESTABLISHMENT OF RATES OF BASIC COMPENSATION 
FOR CERTAIN GOVERNMENT POSITIONS 
SEPTEMBER 3, 1959.—Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
Mr. Davis of Georgia, from the Committee on Post Office and Civil 
Service, submitted the following 
REPORT 
[To accompany 8. 1845] 
The Committee on Post Office and. Civil Service, to whom was 
referred the bill (S. 1845) to provide for the establishment of rates of 
basic compensation for certain positions in the Patent Office in the 
Department of Commerce, and for other purposes, having considered 
the same, report favorably thereon with amendments and recommend 
that the bill, as amended, do pass. 
AMENDMENTS 
The committee proposes two amendments to the bill: An amend- 
ment to the text and an amendment to the title. 
AMENDMENT TO THE TEXT 
The amendment proposed by the committee to the text of the bill 
strikes out all after the enacting clause and inserts in lieu thereof a 
substitute text which is set forth in the reported bill in italic type. 
An explanation of the effect of this proposed amendment to the text 
is set forth below in this report. . 
AMENDMENT TO THE TITLE 
bill is as follows: 
Amend the title so as.to read: 
An Act to provide for the reestablishment of rates of basic 
compensation for certain Government positions. 
The purpose of this proposed amendment to the title is to euflect 
more accurately the provisions of the amendment proposed by the 
committee to the text of the bill. 
34006—59——1 
Pa 
The amendment. proposed by the committee to the title of the 
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BASIC COMPENSATION RATES FOR CERTAIN POSITIONS 
STATEMENT 
PURPOSE 
The purpose of this legislation is to provide for adjustments in the 
rates of compensation of certain existing executive positions and for 
the establishment of additional administrative, management, and 
scientific research and development positions in various Government 
departments and agencies. 
SUMMARY OF MAJOR PROVISIONS 
The proposed committee amendment authorizes (1) salary rates for 
examiners in chief and designated examiners in chief, respectively, in 
the Patent Office not higher than the maximum salary rates of grades 
17 and 16 of the Classification Act of 1949, (2) the establishment of 
114 additional positions in the Department of the Treasury in grades 
_ 
16, 17, and 18 of such act, (3) salary adjustments from $17,500 to 
$20,000 for the Commissioner of Social Security and the Commissioner 
of Education, (4) salary adjustments from $17,500 to $19,500 for the 
Deputy Commissioner and the Chief Counsel of the Internal Revenue 
Service, the Administrative Assistant Attorney General, and the Ad- 
ministrative Assistant Secretaries of Agriculture, Labor, and Treasury, 
(5) the establishment in the Department of Agriculture of 10 additional 
scientific research and development positions (including the position 
of Administrator, Agricultural Research Service, for which the existing 
salary is $17,500), and in the Department of Health, Education, and 
Welfare of 5 additional such positions, within a salary range of $12,500 
to $19,000, and (6) the procurement by the Director of the Administra- 
tive Office of the U.S. Courts of services of consultants in accordance 
with section 15 of the Administrative Expenses Act of 1946. 
EXPLANATION OF THE BILL, AS REPORTED 
Section 1(a) authorizes the Secretary of Commerce to fix the com- 
pensation of examiners in chief in the Patent Office of the Department 
of Commerce at rates not higher than the maximum rate for grade 
GS-17 of the General Schedule of the Classification Act of 1949, as 
amended, as provided in the Senate bill. 
Section 1(b) authorizes the Secretary of Commerce to fix the com- 
pensation of designated examiners in chief in the Patent Office at 
rates not higher than the maximum rate for grade GS-16 of the Gen- 
eral Schedule of the Classification Act of 1949, as amended. Sub- 
section 1(b) retains the existing provision of law requiring return to 
appropriate lower salary levels of each designated examiner in chief 
after the designation expires. 
: 
Section 1(c) provides that no change made by section 1 shall affect 
any existing position of examiner-in-chief or designated examiner-in- 
chief, any incumbent of’ such a position or his appointment or right 
to compensation, until appropriate action is taken by the Secretary 
of Commerce under subsections (a) and (b) of section 1. 
; 
Section 2(a) authorizes the Secretary of the Treasury to establish 
114 additional positions in the Department of the Treasury in grades 
16, 17, and 18 of the General Schedule of the Classification Act of 
1949, as amended. 
The additional positions are made available in 
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three equal increments, in periods as follows: (1) beginning with enact- 
ment and ending June 30, 1960, (2) beginning July 
1, 1960, and ending 
June 30, 1961, and (3) on and after July 1, 1961. 
The authorization 
of such additional positions in 3 increments is in accordance with the 
policy of this committee in providing for similar increases in positions 
for the Department of Defense in H.R. 6059, passed by the House 
July 6, 1959. 
Section 2(b) reduces the number of positions in grades GS-16, 
GS-17, and GS-18 of the General Schedule of the Classification Act 
of 1949, as amended, which are available for allocation by the U.S. 
Civil Service Commission to Government departments and agencies. 
The net reduction in the positions reflects, in part, the positions pres- 
ently allocated by the Civil Service Commission to the Department of 
the Treasury which are replaced by the direct authorization granted 
the Secretary of the Treasury by section 2(a) of the bill. 
The differ- 
ence between such net reduction in positions available for allocation 
by the Commission and the number of positions now allocated by the 
Commission to the Department of the Treasury leaves with the Com- 
mission sufficient additional positions for allocation to other depart- 
ments and agencies against the considerable backlog of requests. 
It is the intention of the committee, in making these additional posi- 
tions available for allocation by the Civil Service Commission, that the 
Commission earmark a portion of such additional positions, subject to 
justification by the departments and agencies concerned in accordance 
with the provisions of the Classification Act of 1949, as follows: 
Department of Health, Education, and Welfare... 20 
additional 
supergrade 
positions. 
Department of Justice: 
Bureau of Prisons____--------------------- 4 additional supergrade po- 
sitions. 
Immigration and Naturalization Service__-___- 3 additional 
grade 
GS-18 
: 
positions. 
Department of Labor___-__-------------------- 
1 additional 
grade 
GS-18 
position. 
Smail Business Administration_.---...---------- 
15 
additional 
supergrade 
positions. 
U.S. Court of Military Appeals__..-.-.---------- 1 additional supergrade po- 
sition. 
In the judgment of the committee, requests for the foregoing 
positions, which have been submitted to the committee, are properly 
for consideration under the principles and standards of the Classifica- 
tion Act of 1949 and should be allocated, where justified, by the Civil 
Service Commission from the total number of supergrade positions 
available for allocation by the Commission. 
Subsection 2(c), which is similar in effect to section 1(c), provides 
that no change will be made affecting any supergrade position now 
allocated to the Department of the Treasury or the incumbent thereof 
until appropriate action is taken by the Secretary of the Treasury as 
authorized by section 2(a). 
Section 3(a) amends the Federal Executive Pay Act of 1956 so as to 
adjust the salaries of the Commissioner of Education (now in grade 
GS-18) and the Commissioner of Social Security from $17,500 to 
$20,000. 
Section 3(b) amends the Federal Executive Pay Act of 1956 so as to 
place the salaries of the Deputy Commissioner of the Internal Revenue 
Service and the Chief Counsel of the Internal Revenue Service, the 
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Administrative Assistant Attorney General, and the Administrative 
Assistant Secretaries of Interior, Agriculture, Labor, and Treasury 
at $19,000. 
All presently receive $17,500 except the Administrative 
Assistant Secretary of the Interior, who receives $19,000. 
The Chief 
Counsel of the Internal Revenue Service and the Administrative 
Assistant Secretaries of Agriculture, Labor, and Treasury now are in 
grade GS-18 of the General Schedule of the Classification Act of 1949, 
as amended. 
Section 3(c) makes two changes in section 107(a) of the Federal 
Executive Pay Act of 1956. 
The first change removes the Administia- 
tor, Agricultural Research Service (whose present salary is $17,500) 
from such: act and leaves his salary to be fixed under section 4(a), 
which authorizes additional scientific research and development posi- 
tions within a salary range of $12,500 to $19,000. 
The second change, 
which is technical in nature, removes the Commissioner of Social 
Security and the Deputy Commissioner of the Internal Revenue 
Service from section 107(a) of such act, since these positions are 
placed at a higher level by section 3(b) of the bill. 
‘Section 4(a) authorizes the Secretary 
of Agriculture to establish not 
more than 15 scientific research and developinelit positions in the 
‘Department of Agriculture within a salary range of $12,500 to $19,000. 
This represents an increase of 10 such positions for the Department, 
compared with a requested increase of 41. 
Section 4(b) authorizes an increase of 5 scientific research and 
development positions for the Department of Health, Education, 
- and Welfare, compared to a requested increase of 10. 
Section 5(a), which is technical in nature, redesignates the Assistant 
Director of the Administrative Office of the U.S. Courts as the Deputy 
Director of the Administrative Office of the U.S. Courts and provides 
for conforming changes in title 28 of the United States Code and the 
Federal Executive Pay Act of 1956 and in references made to this 
position in any other law. 
- 
Section 5(b) extends authority, now granted most executive depart- 
ments and agencies, for the Director of the Administrative Office of 
the U.S. Courts to procure services of consultants in accordance with 
section 15 of the Administrative Expenses Act of 1946. 
Section 6 makes technical changes to redesignate paragraph num- 
bers in section 202 of the Classification Act of 1949 (exclusions from 
_ the act), as amended, in conformity with changes made by section 1 
of the bill and by the enactment of Public Law 86-36 (administrative 
authority of the National Security Agency) and Public Law 86-91 
scene Department Overseas Teachers Pay and Personnel Practices 
ct). 
Section 7 provides appropriate 
effective dates for the several 
sections of the bill. 
: 
Cosr 
The increased direct salary cost for the first 12 months under this 
legislation is estimated by the departments and agencies concerned as 
$192,000. 
ADMINISTRATIVE Reports 
S. 1845 is based upon official recommendations of the Departments 
of Agriculture; Commerce;\Health, Education, and Welfare; Labor; 
and Treasury; the Bureau of Prisons and the Immigration and 
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Naturalization Service in the Department of Justice; the Adminis- 
trative Office of the U.S. Courts; the Small Business Administration; 
and the U.S. Court of Military Appeals. 
The reports of the Depart- 
ments of Agriculture and Commerce, the Bureau of Prisons, the 
Administrative Office of the U.S. Courts, the U.S. Court of Military 
Appeals, and the U.S. Civil Service Commission follow: 
DEPARTMENT OF AGRICULTURE, 
Washington, D.C., August 10, 
1959. 
The SPEAKER, 
House of Representatives. 
Dear Mr. Speaker: Transmitted herewith for the consideration of 
the Congress is a proposed bill and justification statement related 
thereto which would amend the Federal Employees Salary Increase 
Act of 1958 to provide to the Department of Agriculture an additional 
41 scientific or professional positions subject to the provisions of Pub- 
lic Law 3138, 80th Congress, thus making a total of 46 positions which 
would be available to this Department. 
The high level of agricultural research in the Department has been 
achieved through the efforts of a dedicated group of scientific per- 
sonnel who have chosen to remain with the Department in the belief 
that their work resulted in a greater benefit to the American people 
as a whole. 
Their competence and accomplishments make it impera- 
tive that they receive recognition comparable to that given scientists 
employed by the other departments and agencies. 
Delay in according 
_such recognition may hamper the furtherance of a research program 
of the nature and extent required to meet present and foreseeable 
needs of agriculture. 
Enactment of the proposed legislation is essen- 
tial if our research goals are to be reached. 
Upon referral of this proposed bill to the appropriate committee, 
the Department will submit to’such committee additional data in 
justification of its proposal. 
The Bureau of the Budget advises that there is no objection to 
the submission of this proposed legislation to the Congress for its 
consideration. 
Sincerely yours, 
E. L. Prererson, Acting Secretary. 
- JUSTIFICATION STATEMENT ON ProposEp LEGIsLATION To AUTHORIZE 
46 ScIENTIFIC AND PRrRoressionaL Posrrions Unprer Pusiic Law 
313, 80TH ConcREss 
The Department’s activities in agricultural research have been 
expanded greatly in the past 5 years. 
These activities include funda- 
mental, applied, and developmental research relating to production, 
marketing, and utilization of agricultural products. 
Our research is 
generally directed toward reducing and controlling the hazards of 
production, improving the yield and quality of products, lowering 
the costs of production and marketing, and increasing utilization. 
The Department’s research programs are many and diversified. 
Farm utilization research concerns itself with the physical, chemical, 
and biological sciences. 
The research work in this area covers complex 
studies involving highly developed skills in plant and animal path- 
ology, physiology, genetics, and other plant and animal science dis- 
ciplines, as well as chemical research in human nutrition and textiles. 
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ee ee nee 0. Hares aOR CERTAIN POSITIONS 
These disciplines are applied toward. the objectives of maintaining 
productive capacity to meet the needs of an expanding population, 
increasing agricultural efficiency and production quality, developing 
new crops and uses of agricultural commodities so as to expand the 
uses of farm products and improve the economic position of American 
agriculture in general. 
This broad research program includes complex and intensive re- 
search for such purposes as controlling and preventing plant and 
animal diseases and insects; developing systems for the efficient, 
sustained and profitable use of the Nation’s soil and water resources; 
determining safe and efficient uses of farm power, labor, machines, 
structures and materials; developing improved livestock, poultry, 
and other domestic animals; developing improved dairy cows and 
efficient management systems for dairy herds; establishing basic 
knowledge of the composition and chemical and physical properties 
of grains, oilseed, cotton, hides, wool and other farm commodities; 
developing new products and processes from agricultural commodities 
for industrial uses; and providing basic scientific information concern- 
ing food, nutrition, textiles, etc., in the interest of better consumer 
utilization of food, fibers and other products of the Nation’s farms. 
Marketing research provides for the measurement and protection 
of the quality of products passing through the marketing and distri- 
bution system. 
The cost of agricultural marketing which involves 
the physical movement, handling, storage, processing, packing, and 
delivery of agricultural products has more than quadrupled over the - 
past 18 years. 
Since labor is the most expensive ingredient of agri- 
cultural marketing, efforts to hold down the overall cost must. 
be con- 
centrated upon the development of new technologies leading to greater 
productivity of labor. 
Research aimed at this objective requires engi- 
neers, architects, designers, and associated scientists. 
It also requires 
close association with biologists concerned with quality maintenance 
of commodities as they move through greater distances and more 
specialized marketing activities from farms to consumers. 
Biological 
scientists must incorporate new technologies applied to temperature 
and atmospheric controls, that are now possible with recent develop- 
ments involving such packaging materials as transparent ipenmeabl 
films cooling treatments such as hydrocooling, and vacuum cooling, 
temperature controls such as mechanical refrigeration, disease control 
such as antibiotics and radiation treatments, and materials handling 
such as paletizing and power equipment. 
To attain the potential 
efficiencies available from these types of technologies the best talents 
of physicists, chemists, bacteriologists, physiologists, engineers, and 
related scientists must be brought to bear on the problems. 
Products of the Nation’s forests—timber, forage, water, and game—. 
are essential to the Nation’s health, welfare, and military strength. 
Scientific knowledge of forests and their vital resources is fundamental 
to effective production, utilization, and marketing of forest products. 
The importance of forest resources development is evidenced in a 
recent submission to the Congress of a 12-year national forest program 
providing for substantial increases in basic action programs and in 
the research required to make these programs effective. 
Forest. 
research would be increased to about four times its present scope in 
plans now being considered by Congress. 
The success of this in- 
creased forest research will require strong emphasis on all aspects of 
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the protection, production, and utilization of forest resources involving 
skills in plant ecology, genetics, soils, hydrology, engineering, chem- 
istry, and physics. 
These skills are essential in the improvement 
of management of forests, range, wildlife habitat, forest recreation, 
and watershed resources; in the protection of these natural resources 
against fire, insects, and diseases; in the development of new and 
improved processing methods and equipment; uses for wood and ‘wood. 
products; and in the studies of characteristics of wood. 
The Department’s research responsibilities also encompass a con- 
tinually increasing demand for exploratory investigations to deter- 
mine scientific truths which contribute principles and knowledges that 
provide a scientific basis essential to the solution of practical problems 
confronting the agricultural industry generally. 
Pioneering research 
‘ 
in plant and animal physiology and pathology, biological and organic 
chemistry and other basis disciplines for the purpose of advancing the - 
frontier of science and thereby providing the fundamental theories, 
concepts and principles is essential to the scientific pursuit of the im- 
proved applied and developmental research. 
The Department’s re- 
search efforts relate directly not only to the farmer’s but the Nation’s 
economic welfare. 
Through its studies in the fundamental and 
applied sciences. the Department must continue to add to the store 
of knowledge essential to finding new industrial, consumer, and other 
uses for agricultural products particularly those in surplus supply. 
The search for new and improved disease resistant crop strains and 
varieties is unceasing. 
Ravages of plant and animal insects and dis- 
eases remain a significant factor in the agricultural economy. 
Crop 
and animal losses to. the farmer from both insects and diseases con- 
tinue to be staggering to agriculture notwithstanding past research 
efforts 
and 
achievements 
in 
controlling 
those 
menaces. 
The success of all these research efforts depends critically upon our 
ability to recruit and retain the services of scientists whose level of 
competence and experience eminently qualify them to plan, direct, 
lead and conduct these programs. 
Many scientists are greatly interested in the Department’s programs 
and fields of research and the challenge offered in these areas, but 
salary considerations involved in their association with the Depart- 
ment force them to decline our offers of employment or to leave the 
rolls for more lucrative outside positions. 
It has been unquestionably 
' 
established through results of recruitment efforts over the past several 
years that our key research positions cannot be filled under present 
salary scales with scientists having the necessary training, experience, 
and reputation to give the positions the leadership and guidance 
required. 
It can be readily recognized, therefore, that the Depart- 
ment’s research programs have been hampered severely by this fact. 
To compound this vexing situation we are faced constantly with the 
loss of our own research personnel of recognized competence to better 
paying positions with other research organizations. 
Recognition of this recruitment and retention problem has been 
accorded the Defense Department and the National Security Agency. 
As aresult of the passage of Public Law 85-462 of June 20, 1958, these 
agencies received sizable increases in their scientific research job au- 
thorities. 
In the Department of Defense, the number was increased 
from 120 to 292, and in the National Security Agency from 25 to 50. 
The Defense Department has currently under consideration by the 
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Congress two similar bills, S. 1520 and H.R. 6059, which would provide 
158 additional statutory research positions. 
Such an authorization 
would lift the Defense Department’s total to 450 statutory research 
positions. 
_In the same act, Public Law 85-462, the Public Health 
Service had its statutory research position authority increased from 
60 to 85 positions, of which 73 were designated for the National Insti- 
tutes of Health. 
The National Aeronautics and Space Administra- 
tion, with 260 positions under Public Law 85-568 of July 29, 1958, 
and the Federal Aviation Agency, with 15 positions under Public 
Law 85-726 of August 23, 1958, are the newest. agencies to be added 
to the roster of departments and agencies which have been authorized 
special statutory research jobs. 
Tue SEcRETARY OF COMMERCE, 
Washington, D.C., April 18, 1959. 
Hon. Sam Raysurn, 
Speaker of the House of Representatives, 
Washington, D.C. 
, 
Dear Mr. Speaker: There are attached four copies of a proposed 
bill to amend title 35 of the United States Code relating to patents. 
There is also attached a justification of the proposed legislation. 
We are advised by the Bureau of the Budget that it would interpose 
no objection to the submission of this proposed legislation. 
Sincerely yours, 
Freperick H. Musr.usr, 
Under Secretary of Commerce. 
A BILL To amend title 35 of the United States Code relating to patents 
Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled, That the second paragraph 
of section 3 of title 35 of the United States Code is amended by 
adding thereto the following sentence: 
“The Secretary of Commerce is authorized, without regard to the 
provisions of the Classification Act of 1949, as amended, to fix the 
annual rates of basic compensation of the examiners-in-chief, subject 
to the approval of the Civil Service Commission, at rates not exceeding 
the maximum rate now or hereafter prescribed by law for employees 
of the classes described in the first section of the Act entitled ‘An 
‘Act to authorize the creation of additional positions in the professional 
and scientific service in the War and Navy Departments’, approved 
_ 
August 1, 1947 (61 Stat. 715), as amended.” 
JUSTIFICATION FOR PROPOSED LEGISLATION TO AMEND TITLE 35 OF THE 
UNITED STATES CODE RELATING TO PATENTS 
The proposed legislation has one purpose—to provide an increase 
in the salaries of the members of the Board of Appeals of the Patent 
Office. 
It provides for fixing, with the approval of the Civil Service 
Commission, the pay of the Board members at annual rates provided 
for top scientists and engineers ($12,500 to $19,000). 
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This Board of Appeals is comprised of not to exceed 15 examiners 
in chief, who are appointed by the President, by and with the advice 
and consent of the Senate, as provided in title 35, United States 
Code, section 3. 
In addition to the examiners in chief, the Commis- 
sioner and Assistant Commissioners may by law sit as members of 
the Board of Appeals. 
The Board has the sole power, without further 
recourse within the executive branch, to hear and adjudicate appeals 
from final rejections in patent cases. 
The decisions of the Board, if 
favorable to the appellant, are final; if unfavorable to the appellant, 
they are subject to review only upon appeal to the Court of Customs 
and Patent Appeals or, at the applicant’s election, upon the filing of 
a suit in equity in the U.S. District Court for the District of Columbia. 
a 
ge cae is heard and considered by at least three members of the 
' 
Board. 
. 
: 
A member of the Board of Appeals reviews appealed patent cases 
in any category of the sciences and technological arts which may in- 
volve claims where competent definitions of the exact contribution 
to the art are exceptionally difficult to make. 
His decisions may 
involve highly complicated matters, including interpretations of a 
very advanced, technical character relating to the latest developments 
in the diverse fields of mechanics, electricity, electronics, chemistry, 
electrochemistry, physics, atomic physics, drugs, etc. 
His decisions 
require exceptio: 1! knowledge of, and seasoned experience with, legal 
precedents, prior «2cisions of the Board, decisions of the U.S. Court 
of Customs and Patent Appeals, and decisions of the other Federal 
courts. 
Fresently, the salaries of these positions are fixed in accordance 
with the provisions of the Classification Act of 1949, and are in GS-15, 
$13,970. 
The possibility of securing from the Civil Service Commis- 
sion authority for 15 additional supergrades is extremely remote, 
particularly when the entire Department of Commerce received not 
more than 5 additional supergrade positions from the 287 authorized 
by Public Law 85-737. 
On the other hand, continuing the present 
GS-15 grade and rate of pay for these positions is in violation of the 
principle of equal pay for equal work established by the Classification 
Act of 1949. 
As a result of a better appreciation of the steadily increasing tech- 
nological and scientific developments and their impact on patent 
examining, the grades and salaries of other positions of lesser respon- 
sibility in the Patent Office have improved in recent years, while the 
grade and rate of pay of the examiners in chief have remained un- 
changed. 
In addition, the provisions of Public Law 85-462 permitted 
the fixing of the salaries of certain professional employees, whose 
duties and responsibilities are of lesser importance, at rates in excess 
of those being paid to the examinersinchief. 
The present salaries of the examiners in chief appear inadequate 
when compared with the $25,500 salary of a member of the Court of 
Customs and Patent Appeals—the court which hears appeals from 
the decisions rendered by the Board of Patent Appeals. 
A study of the duties and responsibilities required of examiners-in- 
chief, together with the high professional qualification requirements 
for their executive appointment to those positions, serve to accentuate 
the inadequacy of Classification Act salaries of only $13,970. 
The 
H. Rept. 1138, 86-1——2 
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quasi-judicial duties of the members of the Board of Appeals are the 
most difficult and exacting in the Patent Office. 
It is required that 
to be eligible for appointment, examiners-in-chief be scientifically 
competent and trained in the law. 
Few of the career employees 
possessing this combination of professional abilities also possess the 
high level of judicial judgment required for successful performance of 
the scientific and legal decisions required of them. 
Recommendations 
to the President for appointments of new members to the Board are. 
made only after temporary detail assignments to determine the 
professional competence of the proposed appointee. 
This proposed amendment will permit the payment of compensation 
which reflects the importance of the functions performed by authoriz- 
ing the fixing of salaries, upon approval by the Civil Service Commis- 
sion, at an appropriate rate within the range specified in the act 
(Public Law 313), as amended by Public Law 854, which is $12,500 
to $19,000. 
The following table lists the top level positions in the order of the 
relative importance of their duties and responsibilities, together with 
their present salaries. 
‘The inequities which exist are apparent. 
Commissioner of Patents.__--_.--.-----------------------.---_--- 
First Assistant Commissioner, GS-18 
2 Assistant Commissioners, GS-17__.-___- 
15 examiners-in-chief, GS-15__-..._.--._.-.--- 
Solicitor, GS-16. 2252. 5220/2 
sie cSseec csc sl weet accas 
soca 
Director, patent research, examining and classifying operation, GS-17__ 
15, 615 
5 Directors, patent research and examining group, Public Law 313_____ 
14, 800 
3 supervisory patent examiners, GS-15_____-_..._._______.-_______- 
13, 970 
67 supervisory patent examiners, GS-14.__-....__._-_-.----2 
2 Lee 
12, 555 
Tue SrcreTary oF CoMMERCE, 
Washington, August 19, 1989. 
Hon. Tom Muraay, 
Chairman, Committee on Post Office and Civil Service, 
House of Representatives, Washington, D.C. 
Dear Mr. Cuarrman: This is in reply to your request for views of 
the Department of Commerce with respect to H.R. 8479, a bill to 
provide for the establishment of rates of basic compensation for 
certain positions in the Patent Office in the Department of Commerce, 
and for other purposes. 
Sections i through 3 of this proposal would provide increased com- 
pensation for examiners-in-chief and designated examiners-in-chief 
in the Patent Office in the Department of Commerce. 
The Department of Commerce transmitted a legislative proposal to 
the Congress to effect the purposes of H.R. 8479. 
The proposal so 
transmitted was not identical to H.R. 8479, but differed in that com- 
pensation was to be measured at rates provided in the act entitled 
“An act to authorize the creation of additional positions in the pro- 
fessional and scientific service in the War and Navy Departments,” 
approved August 1, 1947 (61 Stat. 715), as amended. 
H.R. 8479 
would establish grade 17 of the General Schedule under the Classifica- 
tion Act of 1949, as amended, as the standard of compensation for 
these positions. 
Zs 
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BASIL CUMPENSATION RATES FOR CERTAIN POSITIONS 
11 
While it is our opinion that the standards of compensation found in 
the scientific and professional services legislation would be more appro- 
priate for these positions, we are advised that the Senate has acted 
favorably on S. 1845, an act identical to H.R. 8479, and because it is 
very important to the Department that legislation for this purpose be 
enacted before the present session comes to a close, we urge enactment 
of sections 1 through 3 of H.R. 8479. 
The Department of Commerce 
would defer to the views of agencies concerned with section 4 of the 
proposal, which does not relate to the Department of Commerce. 
Adjustment in the remuneration received by these examiners in 
chief and designated examiners in chief is necessary and well war- 
. 
ranted. 
The work that is performed in these 
positions 
is most 
exacting in both a legal and a technological sense. 
These examiners, 
together with the Commissioner and Assistant Commissioners, com- 
prise the Board of Appeals of the Patent: Office. 
They hear and decide 
appeals filed by applicants for patents from the final decisions of the 
many examining divisions of the Patent- Office. 
From the final 
decisions of this group on the question of patentability of inventions, 
appeals lie to the Court of Customs and Patent Appeals or review 
may be southt by civil action against the Commissioner of Patents 
in the District Court of the United States for the District of Columbia. 
The decisions of this Board, therefore, are the final decisions of the 
Patent Office reviewable only by the courts mentioned. 
A significant backlog of cases, over 9,000, are pending before the 
Board now for decision, and some 2 years must elapse between the 
filing of an appeal and the rendering of a decision despite strenuous 
efforts of the examiners to accomplish their work. 
Presently the salaries of these positions are established as GS-15, 
$13,970, under the Classification Act of 1949. 
Comparison with the 
compensation of other top level positions is indicated to provide a 
measure of the inequality which exists and which H.R. 8479, if en- 
acted, would remedy. 
Members of the Court of Customs 
and 
Patent Appeals who hear appeals from decisions of the Board of 
Appeals are paid $25,500. 
Other salaries and positions which should 
be considered are listed below: 
Commissioner of Patents__..._______.-------------------_---_---- 
$20, 000 
First Assistant Commissioner, GS-18____..._____.-_._-_-_- 
ee eee 
17, 500 
2 Assistant Commissioners, GS-17___-._.-----------.------------ -- 
16, 335 
15 examiners-in-chief, GS-15__....___._.---_---------------.---_-- 
13, 970 
Solicitor, GS-16_______..-______-___-_--_------------- 
+e eee 
15, 150 
Director, patent research, examining and classifying operation, GS-17__ 
15, 615 
5 Directors, patent research and examining group, Public Law 313__.. 
14, 800 
3 supervisory patent examiners, GS-15__-____----------------------- 
13, 970 
67 supervisory patent examiners, GS-14_____._-__-------------._---- 
12, 555 
For reasons set forth above, enactment of H.R. 8479 is urged. 
Additional information on the scope of knowledge and training neces- 
sary to carry out the job of these examiners is available if needed to 
persuade the committee of the appropriateness of the proposal. 
We are advised that the Bureau of the Budget would interpose no 
objection to the transmission of this report to your committee. 
Sincerely yours, 
Freperick H. MueELurr, 
Secretary of Commerce. 
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DEPARTMENT OF JUSTICE, 
BurEav OF Prisons, 
Washington, August 26, 1959. 
Hon. Tom Murray, 
Chairman, Post Office and Civil Service Committee, 
: 
House of Representatives, Washington, D.C. 
Dear Mr. Cuairnman: Should your committee decide to consider 
widening the scope of Senate 1845 to include requests of agencies for 
supergrade jobs other than those covered by the Senate bill, I hope 
very much you will consider giving statutory authorization for super- 
grade jobs already allowed the Federal Prison Service by the Civil 
Aer Commission and some additional positions not included in 
. 1845. 
We have submitted to the committee staff requests for 12 jobs in 
grade GS-16, 4 in grade GS-17, and 1 in grade GS-18. 
If these are 
granted it will enable us to place 9 of our 31 wardens in grade 16. 
These will be the wardens in charge of our largest and most difficult 
institutions. 
Two of the grade 16 positions would be allocated to our 
Prison Industries and one would be for the head of our Prisoner Classi- 
fication Division. 
It will also permit allocation of three Assistant 
Directors of the Bureau and one special adviser on sentencing in grade 
17 and a Deputy Director in grade 18. 
Our service is growing steadily in size and responsibilities. 
Able 
and courageous administrators and professional personnel of the high- 
est competence are required for its operation. 
All of the supergrade jobs will go to experienced individuals selected 
from the 5,000 career members of our service. 
The added cost of these upgradings will not exceed $12,000 to 
$15,000 out of a total budget for our service that is now approximately 
$60 million. 
For this small amount a tremendous morale boost can 
be given a service that has steadfastly carried out the orders of the 
court without fear or favor. 
We will be grateful for whatever you feel you can do. 
With kind personal regards, 
Sincerely, 
———— ——, Director. 
AMENDMENT OF &. 1845 TO COVER ALL SUPERGRADE JOBS IN THE PRISON 
SERVICE 
The Attorney General is authorized to place 12 positions in grade 
GS-16; 4 positions in grade GS-17; and 1 position in grade GS-18 
in the Bureau of Prisons and Federal Prison Industries, Inc., and to 
fix the rate of basic compensation at per annum rates not in excess of 
the maximum scheduled per annum rate of compensation provided for 
the respective grades of the general schedule. 
_ 
Re supergrade jobs for prison service 
Number now | Number re- 
allocated by 
quested in 
statute and 
8. 1845 
Civil Service 
(AOE 1G oo ded andaceme 
natn manhwataws daatqubut uc otaueuGundae Pyeenarareete 
6 
12 
Grade Moret 
rise ee 
ee 
a be 
a ee 
a 
2 
4 
Grade:18. 22022 -2 Secc 
eee ss 
_dns 
s see ae eee 
(Seeded Se 
1 
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13 
This will enable the Attorney General to place in grade 16 the war- 
dens of the nine major Federal prisons, including Atlanta, Leaven- 
worth, Alcatraz, Lewisburg, McNeil Island, Terre Haute, Chillicothe, 
El Reno, and Lompoc; a Deputy Assistant Director and two positions 
in Federal Prison Industries; three Assistant Directors and one special 
adviser on sentencing in grade 17; and one Deputy Director in grade 
18, 
ApMINIsTRATIVE Orrice or THE U.S. Courts, 
Washington, D.C., August 5, 1959. 
Hon. Jamxs C. Davis, 
House of Representatives, Washington, D.C. 
Dear Jupes Davis: There is attached a proposed amendment 
which the Judicial Conference of the United States would like to have 
included as a part of S. 1845, if it meets with your approval. 
The purpose of subsection (a) is merely to change the title of “As- 
sistant Director of the Administrative Office of the U.S. Courts” to 
“Deputy Director,” to reflect more accurately the level of responsi- 
bility assigned and to effect a greater uniformity in title with similar 
positions in other Federal agencies. 
This is a technical amendment 
and would not result in an increase in personnel, positions, or expendi- 
tures. 
This proposal was included in a bill during the last session of 
Congress and was passed by the Senate, but it was too late to obtain 
action in the House of Representatives. 
Subsection (b) would provide the Administrative Office with the 
authority to hire an expert or consultant on a temporary basis to assist 
in organizing and conducting the study directed by Congress of the 
Federal rules of practice and procedure in the fields of civil, criminal, 
admiralty, bankruptcy, and appeals (72 Stat. 356). 
As you know, 
such authority was placed by the Senate in H.R. 7343, the appropria- 
. 
tions bill, but was deleted in the conference between the House and 
Senate as involving substantive legislation. 
This authority would 
make it possible to hire on occasion an expert or consultant renowned 
in his respective field of the law and to fully benefit from his knowledge 
and experience without having to place such an individual on the 
Federal payroll on a permanent basis. 
Expenditures under this 
authority would, of course, be minimal. 
Any consideration that you may be able to give this request will be 
greatly appreciated. 
Sincerely yours, 
Warren Otney III, Director. 
AMENDMENT Intended to be proposed by Mr. _----------- to 
the bill (S. 1845) to amend title 35 of the United States Code relat- 
ing to patents, viz: At the end of the bill add the following new 
section: 
Src. 5. (a) (1) Sections 601, 603, and 606 of title 28 of the United 
States Code are amended by striking out the words ‘Assistant Di- 
rector’? wherever they appear in such sections, and inserting in lieu 
thereof the words ‘‘Deputy Director’’. 
(2) The analysis at the beginning of chapter 41 of such title is 
amended by striking out the words ‘Assistant Director” in the items 
7 
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thereof relating to sections 601 and 606 and inserting in lieu thereof 
the words “Deputy Director’. 
aes 
(3) Whenever the Assistant Director of the Administrative Office 
of the United States Courts is referred to in any other Act, such refer- 
ence shall be deemed to be to the Deputy Director of the Office of the 
United States Courts. 
(b) The Directer of the Administrative Office of the United States 
Courts may, in accordance with the provisions of section 15 of the 
Act of August 2, 1946 (5 U.S.C. 55a), procure the temporary or inter- 
mittent services of experts or consultants at rates not in excess of $75 
per diem. 
US. Court or Minitary AprsEats, 
August 25, 1959. 
Hon. Tom Murray, 
Chairman, Post Office and Ciwil Service Committee, 
House of Representatives, Washington, D.C. 
(Attention of Hon. James C. Davis, chairman of the Civil Service 
: 
Subcommittee.) 
Dzar Congressman: I am herewith forwarding for your informa- 
tion a copy of a letter sent to the Senate Post Orfice and Civil Service 
Committee, as well as a copy of the statement accompanying it. 
These were sent in an effort to have the U.S. Court of Military Ap- 
peals included in the provisions of H.R. 6059, which provides addi- 
tional supergrade positions for the Department of Defense. 
Our 
situation is one for which I have been endeavoring to obtain relief for 
several years as you will note from the enclosures. 
These enclosures are being sent to you in order that you will be 
fully advised in the premises. 
I also wish to emphasize that there 
was no intention on the part of the court to bypass your committee. 
It appears that at the time your committee was considering the bill, 
our court was trying to obtain relief from the House Appropriations 
Committee. 
That committee noted it was in complete sympathy 
with the court but that the matter was one for a legislative com- 
mittee. 
I only learned of this bill after the passage by the House. 
I, thereafter, immediately took the action indicated by the enclosures. 
I am presently advised that the Senate committee has our request 
under advisement. 
In the event there is favorable action by the 
Senate and if this matter goes to conference, J will-appreciate the 
consideration of you and your committee in the premises. 
With warmest regards and assurances of my high esteem. 
Sincerely yours, 
Rosert E. Quinn, Chief Judge. 
JULY 22, 1959. 
Hon. Ouin D. Jounston, 
; 
Chairman, Committee on Post Office and Civil Service, 
U.S. Senate, Washington, D.C. 
(Attention: Hon. Ralph W. Yarborough, Chairman, Civil Service 
Subcommittee.) 
Dear Senator: The U.S. Court of Military Appeals requests that 
your committee give consideration to the allocation of two positions 
for the court in H.R. 6059, which was recently passed by the House 
and referred to your committee for action. 
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15 
As chief judge, I urge that the two positions requested—one for the 
chief commissioner and the other for the clerk of the court—are fully 
justified. 
These two key officers were invaluable in the organization 
of the court in 1951 and have substantial responsibilities in insuring 
the successful and efficient day-to-day operations of the court. 
T am attaching a detailed justification and will appreciate favorable 
consideration by the committee. 
Sincerely yours, 
MEMORANDUM RE H.R. 6059 
The US. Court of Military Appeals is vitally concerned in obtaining 
for its chief commissioner and the clerk of the court what it believes 
to be adequate compensation. 
Salary increases for these two officers 
of the court were appioved in 1955 but the court has been unable to 
make such increases effective. 
This, therefore, is an effort to correct 
a situation which has existed for 4 years. 
It is emphasized that this matter concerns only the internal opera- 
tions of the court. 
In this regard it is noted that the Civil Service 
Commission 
asserts jurisdiction over the employees of the court 
although legislative and judicial employees are not ordinarily subject 
thereto. 
However, whether the Commission is right or wrong is not 
now important. 
The court is here concerned solely with obtairing 
relief for its two chief officers. 
The U.S. Court of Military Appeals, oftentimes referred to as the 
GI Court is the final authority in a worldwide system of justice and 
has the highest caseload per judge of any Federal appeals court in 
the United States.!. 
The court, in the performance of its duties, is 
required to give a de novo (civilian) review of the cases coming before 
it. 
The thoroughness 
of this review 
is best illustrated by the 
fact that out of 1,500 written opinions released to date, a total of 
approximately one-third has involved issues and errors which the 
court found on its own review and which were not raised by counsel 
petitioning the court for relief. 
The court feels that salaries com- 
mensurate with the high degree of skill required to operate and 
administer one of the busiest courts in the country must be paid to 
key employees in order to assure that justice will be rendered ex- 
peditiously in all cases coming before the court. 
In regard to the court’s negotiations with the Civil Service Com- 
mission in this matter, it might be noted that the chief commissioner 
was graded as a GS-16 in 1954, approximately 2 years after approval 
and request by the court. 
In addition, despite the court’s steadfast in- 
sistence that it was an independent court, it was felt that justice to the’ 
employee was more important than any dispute with the Civil Service 
Commission. 
Therefore, in 1955 the court wrote the Commission, 
assuming jurisdiction arguendo, and requested two supergrades for 
the chief commissioner and the clerk of the court. 
This request was 
made in view of the substantial increase in the number of top jobs 
provided for in the 1955 act. 
Eight months later, the Commission 
replied stating that they were sorry but that no action could-be taken 
in view of the limited number of supergrade positions, but that they 
‘ The three-judge court is composed of Chief Judge Robert E. Quinn, former Governor and judge of the 
superior court of Rhode Island; Judge George W. Latimer, formerly of the supreme court of Utah; and 
Judge Homer Ferguson, former Senator from Michigan and Ambassador to the Philippines. 
The judges 
are compensated the same as Federal circuit court judges ($25,500 per annum), 
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would keep the court in mind. 
Again in June of 1958, hecause of the 
additional increase in the number of supergrades in the 1958 Salary 
Act, the court requested two supergrades. 
Four months later the 
Commission replied that they were sorry they could not accommodate 
the court. 
On neither occasion did the Commission make any asser- 
tion that the request and/or ratings were not justified. 
This year the court attempted to obtain relief for the two officers 
by requesting the House Appropriations Committee to provide the 
necessary authority to effect the promotions, but that committee, 
while completely in sympathy, suggested that the matter could be 
better handled by a legislative committee. 
- The only hope therefore for immediate relief is to include the court 
specifically in H.R. 6059, which passed the House and has been referred 
to the Senate Post Office and Civil Service Committee. 
This bill 
provides for a total of 227 super or “extra” grade positions in the 
Department of Defense as a whole. 
The court merely requests that 
two of these positions be reserved for it. 
Providing these two posi- 
tions in the defense bill would be in accord with the provisions of 
section 867 of title 10, which locates the court in the Department of 
Defense for administrative 
(housekeeping) 
purposes. 
It is noted 
that this arrangement is similar to that previously existing when the 
Department of Justice performed such administrative functions for 
all Federal courts. 
No request for relief was made in the House on 
H.R. 6059 due to the fact that the court then felt relief would be 
obtained in their appropriation bill. 
In brief, the court would like the committee to add an amendment 
to H.R. 6059 by adding as subsection (4) of section 2(a) substantially 
the following: 
““(4) Provided that two of the said positions are hereby assigned to 
the United States Court of Military Appeals, as of the effective date 
of this Act, for allocation by the court at salaries, as approved by the 
court, not in excess of those provided by law, and without regard to 
Civil Service approval of the rates.” 
or whatever language the committee deems appropriate. 
Civit SeRvIcE CoMmMISSION, 
Washington, D.C., August 20, 1959. 
Hon. Tom Murray, 
Chairman, Committee on Post Office and Cwil Service, 
House of Representatives, Washington, D.C. 
Dear Mr. Murray: This is in further reference to your letter of 
August 3, 1959, requesting the views of the Civil Service Commission 
on H.R. 8479, a bill to provide for the establishment of rates of basic 
compensation for certain positions in the Patent Office in the Depart- 
ment of Commerce, and for other purposes. 
The Commission does not object to enactment of this legislation. 
Sections 1 and 2 of the bill would exclude examiners in chief and 
designated examiners in chief from the Classification Act of 1949 and 
would authorize the Secretary of Commerce to fix the rates of basic 
compensation for these positions at per annum rates not in excess of 
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17 
the maximum scheduled rate of grade GS-17 of the Classification 
Act (now $16,335). At the request of your committee, the Commission 
has recently studied the positions of examiners in chief and has 
concluded that the proper level of the present duties is grade GS-16. 
Section 3 protects against any change in the existing positions of 
examiners in chief, the compensation attached thereto, and mcumbents 
until basic pay rates are established by the Secretary of Commerce 
under section 2. 
This is a necessary provision to span the transition 
period between the effective date of the bill and the date the Secretary 
of Commerce exercises his pay-fixing authority. 
Subsection (a) of section 4 fixes at $19,000 per annum the salary 
of the Administrative Assistant Secretary in the Department of the 
Interior, Department of Agriculture, Department of Labor, and De- 
partment of the Treasury, respectively, and the Administrative Assist- 
ant Attorney General, Department of Justice. 
The Commission regards this as a sound proposal. 
The Commis- 
sion further considers as very desirable the inclusion of such provisions 
in the one basic statute which covers generally the compensation of 
top level positions in the Federal service. 
Therefore, the committee 
may wish to consider the inclusion of these positions under subsection 
(b) of section 106 of the Federal Executive Pay Act of 1956, as 
amended (5 U.S.C. 2205(b)). 
The following draft of language would 
accomplish this objective: 
“Suc. 4. (a) Section 106(b) of the Federal Executive Pay Act of 
1956, as amended (5 U.S.C. 2205(b)), is further amended by adding 
the following new paragraphs:. 
‘(10) Administrative Assistant Attorney General. 
‘(11) Administrative Assistant Secretary of the Interior. 
- 
‘(12) Administrative Assistant Secretary of Agriculture. 
‘(13) Administrative Assistant Secretary of Labor: 
‘(14) Administrative Assistant Secretary of the Treasury.’ ” 
Subsection (b) of section 4 authorizes the Attorney General to place 
a total of three positions.in the Bureau of Prisons in grade GS-17. 
These positions would be in addition to the number. authorized to be 
laced in that grade by subsection 505(b) of the Classification Act. 
t is our understanding that this authorization is intended to apply 
to the three Assistant Directors of the Bureau of Prisons in order to 
establish a proper salary alinement of the top positions within the 
Bureau. 
By recent action of the Commission, two of the Assistant 
Director positions have been placed in GS~—17; the third is in GS—16. 
We have been advised by the Bureau of the Budget that it has no 
objection to the submission of this report. 
By direction of the Commission: 
Sincerely yours, 
Rocer W. Jonzs, Chairman. 
CuanGes In Existing Law 
In compliance with clause 3 of rule XIII of the Rules of the House 
of Representatives, changes in existing law made by the bill, as passed 
by the Senate, are shown as follows (existing law proposed to be omitted 
is enclosed in black brackets, new matter is printed in italic, existing 
law in which no change is proposed is shown in roman): 
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18 
BASIC COMPENSATION KATES FOR CERTAIN. POSITIONS 
Sections 202 anp 505 oF THE CuassiFricaTion Act oF 1949 
(5 U.S.C. 1082 and 1105) 
Suc. 202. This Act (except title XII) shall not apply to— 
(1) the field service of the Post Office Department, for which 
the salary rates are fixed by Public Law 134, Seventy-ninth 
Congress, approved July 6, 1945, as amended and supplemented; 
(2) the Foreign Service of the United 
States 
under 
the 
Department of State, for which the salary rates are fixed by the 
Foreign Service Act of 1946, as supplemented by Public Law 160, 
Eight-first Congress, approved July 6, 1949; and positions in or 
under the Department of State which are (A) connected with 
the representation of the United States to international organiza- 
tions; or (B) specifically exempted by law from the Classitication 
Act of 1923, as amended, or any other classification or compen- 
sation law; 
(3) physicians, dentists, nurses, and other employees in the 
Department of Medicine and Surgery in the Veterans’ Adminis- 
tration, whose compensation is fixed under chapter 73 of title 38, 
United States Code; 
ee: 
(4) teachers, school officers, and employees of the Board of 
Education of the District of Columbia, whose compensation is 
fixed under the District of Columbia Teachers’ Salary Act of 
1947, as supplemented by Public Law 151, Eighty-first Congress, 
approved June 30, 1949; and the, chief judge and the associate 
judges of the Municipal Court of Appeals for the District of 
Columbia, and of the Municipal Court for the District of 
Columbia; 
(5) officers and members of the Metropolitan Police, the Fire 
Department of the District of Columbia, the United States Park 
Police, and the White House Police; 
(6) lighthouse keepers and civilian employees on lightships and 
vessels of the Coast Guard, whose compensation is fixed under 
authority of section 432 (f) and (g) of title 14 of the United 
States Code; 
(7) employees 
in recognized trades or crafts, or-other skilled 
mechanical crafts, or in unskilled, semiskilled, or skilled manual- 
labor occupations, and other employees including foremen and 
supervisors in positions having trade, craft, or laboring experience 
and knowledge as the paramount requirement, and employees in 
the Bureau of Engraving and Printing the duties of whom are to 
perform or to direct manual or machine operations requiring 
special skill or experience, or to perform or direct the counting, 
examining, sorting, or other verification of the product of manual 
or machine operations: Provided, That the compensation of such 
employees shall be fixed and adjusted from time to time as nearly 
as is consistent with the public interest in accordance with pre- 
vailing rates: Provided further, Tr at whenever the Civil Service 
Commission concurs in the opinion of the employing agency that 
in any given area the number of such employees is so few as to 
make prevailing rate determinations impracticable, such employee 
or employees shall be subject to the provisions of this Act which 
are applicable to positions of equivalent difficulty or responsibility. 
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(8) officers and members of crews of vessels, whose compensa- 
tion shall be fixed and adjusted from time to time as nearly as is 
consistent with the public interest in accordance with prevailing 
rates and practices in the maritime industry; 
(9) employees of the Government Printing Office whose com- 
pensation is fixed under Public, Numbered 276, Sixty-eighth 
Congress, approved June 7, 1924; 
(10) civilian professors, lecturers, and instructors at the Naval 
War College and the Naval Academy whose compensation is fixed 
under Public Law 604, Seventy-ninth Congress, approved August 
2, 1946, senior professors, professors, associate and assistant pro- 
fessors, "and instructors at the Naval Postgraduate School whose 
compensation i is fixed under Public Law 303, Eightieth Congress, 
approved July 31, 1947; and the Academic Dean of the Postgrad- 
uate School of the Naval Academy whose compensation is fixed 
under Public Law 402, Seventy-ninth Congress, approved June 
10, 1946; 
(11) aliens or persons not citizens cf the United States who 
occupy positions outside the several States and the District of 
Columbia; 
(12) the Tennessee Valley Authority; 
(13) the Inland Waterways Corporation; 
(14) the Alaska Railroad; 
(15) the Virgin Islands Corporation; 
(16) the Central Intelligence Agency: 
(17) the Atomic Energy Commission; 
(18) Production Credit Corporations; 
(19) Federal Intermediate Credit Banks; 
(20) the Panama Canal Company; 
(21) (A) employees of any department who are stationed in 
the Canal Zone and (B) upon approval by the Civil Service 
Commission of the request of any department which has employees 
stationed in both the Republic of Panama and the Canal Zone, 
employees of such department who are stationed in the Republic 
of Panama; 
(22) employees who serve without compensation or at nominal 
rates of compensation; 
(23) employees none or only part of whose compensation is 
paid from appropriated funds of the United States: Provided, 
That with respect to the Veterans’ Canteen Service in the Vet- 
erans’ Administration, the provisions of this paragraph shall be 
applicable only to those positions which are exempt from the 
Classification Act of 1949, pursuant to section 4202 of title 38, 
United States Code; 
(24) employees whose compensation is fixed under a coopera- 
tive agreement between the United States and (A) a State, 
Territory, or possession of the United States, or political sub- 
division thereof, or (B) a person or organization outside the 
service of the Federal Government; 
(25) student nurses, medical or dental interns, residents-in- 
training, student dietitians, student physical therapists, student 
occupational therapists, and other student employees, assigned 
or attached to a hospital, clinic, or laboratory primarily for 
training purposes, whose compensation is fixed under Public 
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Law 330, Eightieth Congress, approved August 4, 1947, or section 
4114(b) of title 38, United States Code; 
(26) inmates, patients, or beneficiaries receiving care or treat- 
ment or living in Government agencies or institutions; 
(27) experts or consultants, when employed temporarily or 
intermittently in accordance with section 15 of Public Law 600, 
Seventy-ninth Congress, approved August 2, 1946; 
(28) emergency or seasonal employees whose employment is of 
uncertain or purely temporary duration, or who are employed 
for brief periods at intervals; 
(29) persons employed on a fee, contract, or piece work basis; 
(30) persons who may lawfully perform their duties concur- 
rently with their private profession, business, or other employ- 
ment, 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; 
(31) positions for which rates of basic compensation are indi- 
vidually fixed, or expressly authorized to be fixed, by any other 
law, at or in excess of the maximum scheduled rate of the highest 
grade established by this Act; 
(32) the National Security Agency. 
[(32) (33) “teachers” and “teaching positions” as defined in 
the Defense Department Overseas Teachers Pay and Personnel 
Practices Act.J]; 
(34) examiners-in-chief and designated examiners-in-chief in the 
Patent Office in the Department of Commerce. 
* 
* 
* 
* 
y 
* 
* 
Src. 505. (a) No position shall be placed in grade 16, 17, or 18 
of the General Schedule except by action of, or after prior approval 
by, a majority of the Civil Service Commissioners. 
(b) Subject to subsections (c), (d), and (e) of this section, a ma- 
jority of the Civil Service Commissioners are authorized to estab- 
lish and, from time to time, revise the maximum number of positions 
(not to exceed fourteen hundred and eighty-three) which may be in 
grades 16, 17, and 18 of the General Schedule at any one time, except 
. that under such autherity such maximum number of positions shall 
not exceed three hundred and ninety-seven for grade 17 and one 
hundred and fifty-seven for grade 18. 
(c) The number of positions of senior specialists in the Legis- 
lative Reference Service of the Library of Congress allocated to 
grades 16, 17, and 18 of the General Schedule by reason of the proviso 
contained in section 203 (b) (1) of the Legislative Reorganization Act 
of 1946 (60 Stat. 836; 2 U.S.C., sec. 166 (b)(1)) shall be in addi- 
to the number of positions authorized to be placed in such grades 
by subsection (b). 
_ 
(d) The Comptroller General of the United States is authorized, 
subject to the procedures prescribed by this section, to place a total 
of twenty-five positions in the General Accounting Office in grades 16, 
17, and 18 of the General Schedule. 
Such positions shall be in addi- 
tion to the number of positions authorized to be placed in such grades 
by subsection (b). 
{e) The Director of the Federal Bureau of Investigation, United 
States Department of Justice, is authorized, without regard to any 
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21 
other provision in this section, to place a total of seventy-five positions 
in the Federal Bureau of Investigation in grades 16, 17, and 18 of 
the Genera] Schedule. 
Such positions shall be in addition to the 
number of positions authorized to be placed in such grades by sub- 
section (b). 
: 
(i) The National Security Council is authorized, subject to the 
procedures prescribed by this section, to place two additional positions 
in grade 18, one additional position in grade 17, and two additional 
positions in grade 16 of the-general schedule. 
Such positions shall be 
in addition to the number of positions authorized to be placed in such 
grades by subsection (b). 
(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). 
(g) The Commissioner of Immigration and Naturalization is au- 
thorized to place a total of eleven positions in grade 17 of the General 
Schedule. 
Such positions shall be in addition to the number of posi- 
tions 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 num- 
ber 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 Gen- 
eral Schedule shall be made only upon approval by the Civil Service 
Commission 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) appropria- 
tions for the Executive Office of the President under the headings 
“The White House Office,” “Special Projects,” 
‘ Council of Eco- 
nomic Advisers,” ‘National Security Council,” “Office of Defense 
Mobilization,” and ‘‘President’s Advisory Committee on Govern- 
ment Organization,” 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, 
(j) The Attorney General is authorized to place a total of three positions 
in the Bureau of Prisons 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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“BASILU CUMPENSATLUN 
HATES FOR CERTAIN POSITIONS 
Section 3 or Tirie 35 or THE Unirep States CopE 
CHAPTER 1.—ESTABLISHMENT; OFFICERS, FUNCTIONS 
§.3. Officers and employees 
A Commissioner of Patents, one first assistant commissioner, two 
assistant commissioners, and not more than fifteen examiners-in-chief, 
_ shall be appointed 
by the President, by and with the advice and con- 
sent of the Senate. 
The assistant commissioners shall perform’ the 
duties pertaining to the office of commissioner assigned ‘to them by the 
Commissioner. 
The first assistant commissioner, or, in the event of 
a vacancy in that office, the assistant commissioner senior in.date of 
appointment, shall fill the office of Commissioner during a vacancy 
in that office until a Commissioner is appointed and takes office. 
The 
Secretary of Commerce, upon the nomination of the Commissioner in 
accordance with law, shall appoint all other officers and employees. 
The Secretary of Corimerce is authorized to fix the rates of basic compen- 
— 
sation of examiners-in-chief and designated examiners-in-chief in the 
Patent Office, at per annum rates not in excess of the maximum scheduled 
per annum rate of compensation provided for positons in grade. 
17 of the 
© 
General Schedule under the Classification Act of 1949, as amended. 
The Secretary of Commerce may vest in himself the functions of the 
Patent Office and its officers and employees specified in this title and 
may from time to time authorize their performance by any other 
officer or employee. 
_ The annual rate of compensation of the Commissioner shall be 
$20.000. 
; 
O 
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