or bodies concerned with the objectives of said programs, together with traveling and other necessary expenses relating thereto: Provided, That expenditures under this authority shall not be made unless provision is made therefor in the applicable appropriation and the cost thereof is not in excess of limitations prescribed therein. (Sept. 21, 1944, ch. 412, title VII, § 701 (a), 58 Stat. 741.) CODIFICATION This section was enacted as a part of the Department of Agriculture Organic Act of 1944. § 571. Inspections, analyses, and tests for other Government departments and agencies; reimbursement.-The head of any department or independent establishment of the Government requiring inspections, analyses, and tests of food and other products, within the scope of the functions of the Department of Agriculture and which that Department is unable to perform within the limits of its appropriations, may, with the approval of the Secretary, transfer to the Department for direct expenditure such sums as may be necessary for the performance of such work. (Sept. 21, 1944, ch. 412, title VII, § 702 (a), 58 Stat. 741.) CODIFICATION This section was enacted as a part of the Department of Agriculture Organic Act of 1944. § 572. Interchangeability of funds for miscellaneous expenses and general expenses.-Not to exceed 7 per centum of the amounts appropriated for any fiscal year for the miscellaneous expenses of the work of any bureau, division, or office of the Department of Agriculture shall be available interchangeably for expenditures on the objects included within the general expenses of such bureau, division, or office, but no more than 7 per centum shall be added to any one item of appropriation except in cases of extraordinary emergency. (Sept. 27, 1944, ch. 412, title VII, § 702 (b), 58 Stat. 741.) CODIFICATION This section was enacted as a part of the Department of Agriculture Organic Act of 1944. § 573. Purchase of newspapers.-The Department of Agriculture is authorized to subscribe for such newspapers as may be necessary to carry out its authorized work: Provided, That purchases under this authority shall not be made unless provision is made therefor in the applicable appropriation and the cost thereof is not in excess of limitations prescribed therein. (Sept. 21, 1944, ch. 412, title VII, § 704, 58 Stat. 742.) CODIFICATION This section was enacted as a part of the Department of Agriculture Organic Act of 1944. § 574. Employment of temporary personnel.-The War Food Administrator is authorized to employ personnel in accordance with the provisions of law applicable to the appointment and compensation of persons employed by the Agricultural Adjustment Agency. The Department of Agriculture may employ persons or organizations, on a temporary basis, by contract or other wise, without regard to sections 661-663, 664-673, and 674 of this title: Provided, That no expenditures for such temporary employment shall be made unless provision is made therefor in the applicable appropriation and the cost thereof is not in excess of limitations prescribed therein. (Sept. 21, 1944, ch. 412, title VII, § 706 (a), 58 Stat. 742.) CODIFICATION This section was enacted as a part of the Department of Agriculture Organic Act of 1944. CROSS REFERENCES Employment of personnel by the Agriculture Adjustment Agency, see section 610 of Title 7, Agriculture. § 575. Market-inspection certificates as prima facie evidence.-Market-inspection certificates issued by authorized agents of the Department of Agriculture shall be received in all courts of the United States as prima facie evidence of the truth of the statements therein contained. (Sept. 21, 1944, ch. 412, title IV, § 401 (c), 58 Stat. 738.) CODIFICATION This section was enacted as a part of the Department of Agriculture Organic Act of 1944. CIVIL SERVICE COMMISSION AND CLASSIFIED CIVIL SERVICE § 631. Regulation of admissions to Civil Service.-The President is authorized to prescribe such regulations for the admission of persons into the civil service of the United States as may best promote the efficiency thereof, and ascertain the fitness of each candidate in respect to age, health, character, knowledge, and ability for the branch of service into which he seeks to enter; and for this purpose he may employ suitable persons to conduct such inquiries, and may prescribe their duties, and establish regulations for the conduct of persons who may receive appointments in the civil service. (R. S. § 1753.) DERIVATION Act Mar. 3, 1871, ch. 114, § 9, 16 Stat. 514. TRANSFER AND RELEASE OF PERSONNEL Ex. Ord. No. 9243, Sept. 12, 1942, 7 F. R. 7213, provides: By virtue of the authority vested in me by the Civil Service Act (22 Stat. 403), and by section 1753 of the Revised Statutes of the United States (U. S. C., Title 5, sec. 631) (this chapter), it is hereby ordered: 1. Effective on and after the fifteenth day following the date of this order, transfers of employees between departments, agencies, and independent establishments of the civilian executive branch of the Federal Government, the release of such employees to private enterprise, and the establishment, granting, and conditioning of reemployment rights in the event of such transfers and releases, shall be governed by policies and directives issued by the Chairman of the War Manpower Commission in conformity with Executive Order No. 9139 of April 18, 1942. 2. In conformity with the policies of the Chairman of the War Manpower Commission, the Director of the Bureau of the Budget shall from time to time establish priority classifications of the several executive departments and agencies or parts or activities thereof, based upon the relative importance to the war program of the functions performed. 3. Executive Order No. 8973 of December 12, 1941, and Executive Order No. 9067 of February 20, 1942, are hereby revoked, effective on the fifteenth day following the date of this order; provided that nothing contained in this order shall be construed to affect reemployment rights theretofore acquired by any employee under Executive Orders Nos. 8973 and 9067. PROHIBITING, WITH CERTAIN EXCEPTIONS, INSTRUCTION OF APPLICANTS FOR CIVIL SERVICE AND FOREIGN SERVICE EXAMINATIONS BY OFFICERS OR EMPLOYEES OF THE GOVERNMENT EX. Ord. No. 9367, Aug. 4, 1943, 8 F. R. 11017, provides: By virtue of the authority vested in me by section 1753 of the Revised Statutes of the United States (U. S. C., title 5, sec. 631) [this section], and as President of the United States, it is hereby ordered as follows: 1. No officer or employee of the Government shall directly or indirectly instruct or be concerned in any manner in the instruction of any person or classes of persons with a view to their special preparation for the examinations of the United States Civil Service Commission or the examinations of the Boards of Examiners for the Foreign Service of the Department of State: Provided, That this order shall not be construed to prevent any agency of the Government_from_utilizing Government facilities and the services of Federal officers and employees whenever such facilities or services may be necessary or useful in carrying out the duties imposed upon such agency by law in the training and testing of disabled members or former members of the armed forces of the United States or in the conduct of educational or training programs which are open exclusively to members or former members of the armed forces: Provided further, That due credit in civil service examinations shall be given by the Civil Service Commission to any member or former member of the armed forces of the United States who has satisfactorily completed any such educational or training program conducted by a Government agency. 2. Violation of the provisions of this order by any officer or employee of the Government shall be considered sufficient cause for removal from the service. 3. This order supersedes Executive Orders No. 359 of October 13, 1905, No. 1277 of December 23, 1910, No. 3088 of May 17, 1919, and No. 3215 of January 13, 1920. SUBVERSIVE ACTIVITIES An Interdepartmental Committee to consider cases of subversive activity on part of Federal employees was established within Department of Justice by Ex. Ord. No. 9300, Feb. 5, 1943, 8 F. R. 1701. § 631a. Authority of President to cover positions in executive departments, independent establishments, and other Government agencies into classified civil service.-Notwithstanding any provisions of law to the contrary, the President is authorized by Executive order to cover into the classified civil service any offices or positions in or under an executive department, independent establishment, or other agency of the Government: Provided, That in the case of any federally owned and controlled corporation organized under the laws of any State, Territory, or possession of the United States (including the Philippine Islands), or the District of Columbia, the President is authorized to direct that such action be taken as will permit appointments to offices or positions in any such corporation to be made in accordance with the civil-service laws, consistently with the laws of any such State, Territory, or possession, or the District of Columbia, or with the charter or articles of incorporation of any such corporation: Provided further, That the provisions of this section shall not apply to offices or positions in the Tennessee Valley Authority or to any positions in the Work Projects Administration or to any position to which appointments are made by the President by and with the advice and consent of the Senate, or to positions of assistant United States district attorney. (Nov. 26, 1940, ch. 919, title I, § 1, 54 Stat. 1211.) § 631b. Same; civil service status of incumbents of positions covered into civil service and of certain legislative branch employees. (a) The incumbent of any office or position which is covered into the classified civil service under the provisions of section 631a of this title shall not thereby acquire a classified civilservice status, except (1) upon recommendation by the head of the agency concerned within one year after such office or position has been covered into the classified civil service, and certification within such period by such head to the Civil Service Commission that such incumbent has served with merit for not less than six months immediately prior to the date such office or position was covered into the classified civil service; and (2) upon passing such suitable noncompetitive examination as the Commission may prescribe: Provided, That any such incumbent shall be given only one such noncompetitive examination: Provided further, That any such incumbent who fails to pass the noncompetitive examination provided in his case shall be separated from the service not later than six months after the Commission advises the appointing officer that such employee has failed. The appointment of any person occupying any position covered into the apportioned civil service in the District of Columbia under the provisions of section 631a of this title shall be charged to the apportionment of his State. As used in this section "State" includes a Territory and the District of Columbia. (b) From and after November 26, 1940, any person who shall have served for four years as a secretary, clerk or assistant clerk to a Senator, Representative, Delegate or Resident Commissioner, or as a clerk or assistant clerk to a standing committee of the Senate or House of Representatives or as a clerical employee of the Senate or House of Representatives and whose separation from the service is involuntary and without prejudice shall acquire, upon passing such suitable noncompetitive examination as the Civil Service Commission may prescribe, a classified civil service status for transfer to a position in the classified civil service notwithstanding any contrary provisions of the civil service laws or regulations: Provided, That any individual who may hold such a position in the legislative branch must obtain such transfer within one year from the date of separation, and nothing in sections 631a, 631b, 632, 635, 669-684 of this title shall be construed to impair any right of retransfer provided for under civil service laws or regulations made thereunder. (Nov. 26, 1940, ch. 919, title I, § 2, 54 Stat. 1212.) § 632. Civil Service Commission; appointment; removal, and compensation of commissioners.-The President is authorized to appoint, by and with the advice and consent of the Senate, three persons, not more than two of whom shall be adherents of the same party, as civil service commissioners, and said three commisioners shall constitute the United States Civil Service Commission. Said commissioners shall hold no other official place under the United States. (Jan. 16, 1883, ch. 27, § 1, 22 Stat. 403; Nov. 2, 1940, ch. 919, title II, § 8, 54 Stat. 1211.) § 633. Rules.-It shall be the duty of said commissioners: (1) Preparation of.-First. To aid the President, as he may request, in preparing suitable rules for carrying this section and sections 632, 635, 637, 638, and 640-642 of this title, into effect, and when said rules shall have been promulgated it shall be the duty of all officers of the United States in the departments and offices to which any such rules may relate to aid, in all proper ways, in carrying said rules, and any modification thereof, into effect. (2) Provisions of.-Second. Among other things, said rules shall provide and declare, as nearly as the conditions of good administration will warrant, as follows: 1. Competitive examinations.-First. For open, competitive examinations for testing the fitness of applicants for the public service classified on January 16, 1883, or thereafter, or to be classified hereunder. Such examinations shall be practical in their character, and so far as may be shall relate to those matters which will fairly test the relative capacity and fitness of the persons examined to discharge the duties of the service into which they seek to be appointed. 2. Selection of officers, etc., according to results of examinations.-Second. All the offices, places, and employments so arranged or to be arranged in classes shall be filled by selections according to grade from among those graded highest as the results of such competitive examinations. 3. Apportionment of appointments; applications for examinations. Third. Appointments to the public service aforesaid in the departments at Washington shall be apportioned among the several States and Territories and the District of Columbia upon the basis of population as ascertained at the last preceding census. Every application for an examination shall contain, among other things, a statement, under oath, setting forth his or her actual bona fide residence at the time of making the application, as well as how long he or she has been a resident of such place. 4. Probation before absolute appointment.-Fourth. There shall be a period of probation before any absolute appointment or employment aforesaid. 5. Contributions for political purposes.-Fifth. No person in the public service is for that reason under any obligations to contribute to any political fund, or to render any political service, and that he will not be removed or otherwise prejudiced for refusing to do so. 6. Political coercion by officers; discrimination due to marital status. Sixth. No person in said service has any right to use his official authority or influence to coerce the political action of any person or body. And no person shall be discriminated against in any case because of his or her marital status in examination, appointment, reappointment, reinstatement, reemployment, promotion, transfer, retransfer, demotion, removal, or retirement. All Acts or parts of Acts inconsistent herewith are hereby repealed. 7. Noncompetitive examinations in certain cases.-Seventh. There shall be noncompetitive examinations in all proper cases before the commission when competent persons do not compete, |