during the absence or incapacity of the Comptroller General and the Assistant Comptroller General, or during a vacancy in both of such offices; also, I hereby designate Dudley W. Bagley, the Executive Officer of the General Accounting Office, to act as Comptroller General of the United States during the absence or incapacity of the Comptroller General, the Assistant Comptroller General, J. C. McFarland, and E. L. Fisher. [Rev. A.O. 33, Mar. 1, 1946, 11 F.R. 2149]

[Preceding section, in small type, superseded by following section during period covered by this Supplement]

§ 12.1 Designations of employees to Act as Comptroller General of the United States. I hereby designate J. C. McFarland, the General Counsel of the General Accounting Office, or in his absence E. L. Fisher, in his capacity as Acting General Counsel, to act as Comptroller General of the United States during the absence or incapacity of the Comptroller General and the Assistant Comptroller General, or during a vacancy in both of such offices; also, I hereby designate J. C. Nevitt, Assistant to the Comptroller General, to act as Comptroller General of the United States during the absence or incapacity of the Comptroller General, the Assistant Comptroller General, J. C. McFarland, and E. L. Fisher. [Rev. A.O. 33, July 29, 1946, 11 F.R. 82051

§ 12.3 Organization of the General Accounting Office. The functions of the General Accounting Office include the audit and settlement, independently of the operating agencies of the Government, of all accounts and claims not excepted by statute, in which the Government is concerned, either as debtor or creditor. The General Accounting Office, a part of the legislative branch of the Government, is under the control and direction of the Comptroller General of the United States. It includes the Office of the Comptroller General, to which are attached the several administrative functions, and operates through the Office of the General Counsel, the Office of Investigations, and the following divisions:

Accounting and Bookkeeping, Audit, Claims, Corporation Audits, and Reconciliation and Clearance, located at Washington, D. C., and the Postal Accounts Division temporarily located at Asheville, N. C. The Office of Investigations and the Audit, Corporation Audits, and Reconciliation and Clearance Divisions perform part of their functions at various locations throughout the United States, depending on the demands of the work. However, these field offices or parties perform no functions independent of the headquarters of the Office at Washington, to which they are subordinate.

Final authority in the General Accounting Office resides in the Comptroller General of the United States and those who have been designated to act as Comptroller General during the absence or incapacity of the Comptroller General and the Assistant Comptroller General, or during a vacancy in both of such offices. [Reg., Aug. 28, 1946, effective Sept. 11, 1946, 11 F.R. 177A-582]

PART 13-DECISIONS OF THE COMPTROLLER GENERAL OF THE UNITED STATES [ADDED]

§ 13.1 Availability. All decisions of the Comptroller General of general import are published in monthly pamphlets and may be obtained for a nominal fee from the Superintendent of Documents, U. S. Government Printing Office. These decisions also are published in an annual volume entitled "Decisions of the Comptroller General of the United States". General Regulations of the General Accounting Office, including those applicable to the public, are published in the appendix of this annual volume. Decisions or regulations of the Comptroller General may be inspected in the Office of the Chief Clerk, Room 102, General Accounting Office, 5th and F Streets NW., Washington, D. C. (42 Stat. 23, 58 Stat. 371; 31 U.S.C. and Sup., 41-44) [Reg., Aug. 28, 1946, effective Sept. 11, 1946, 11 F.R. 177A-582]

PART 3-EXAMINATIONS

REGULATIONS UNDER CIVIL SERVICE RULE III

Sec.

3.105 Instruction of applicants for examination. [Revised]

§ 3.105 Instruction of applicants for examination. (a) 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 section 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.

(b) Violation of the provisions of this section by any officer or employee of the Government shall be considered sufficient cause for removal from the service. (R.S. 1753, sec. 2, 22 Stat. 403; 5 U.S.C. 631, 633) [E.O. 9367, Aug. 4, 1943, 8 F.R. 11017]

NOTE: 3.105 was omitted from the 1943 Supplement.

(c) "Retention credits" are credits for length of service and efficiency ratings in determining retention order in each retention subgroup. They are computed by allowing one point for each full year of Federal Government service plus five points for an "Excellent" efficiency rating, three points for a "Very Good" efficiency rating, and one point for a "Good" efficiency rating. This paragraph shall be effective with respect to notices in reductions in force issued on and after September 15, 1946, or, with respect to individual agencies, at any date prior thereto at the option of the agency: Provided, That, with respect to ungraded positions under the Navy Department this paragraph shall be effective on October 15, 1946.

CODIFICATION: In § 12.302, paragraph (c) was amended July 30, 1946, 11 F.R. 8205, and the last sentence of paragraph (c) was added Aug. 19, 1946, 11 F.R. 9003. Subsequently the last sentence of paragraph (c) was amended by changing the effective date from "December 15, 1946" to "October 15, 1946", as set forth above, Sept. 9, 1946, 11 F.R. 9977.

§ 12.313 Appeals. Any employee who feels that there has been a violation of his rights under §§ 12.301 to 12.314 inclusive may appeal to the appropriate office of the Civil Service Commission within 10 days from the date he received his notice of the action to be taken. This

time limit may be extended only upon a showing by the employee that circumstances beyond his control prevented him from filing his appeal within the prescribed 10 days. In order that employees may be informed of the facts on which action is based they shall have the right to examine a copy of these regulations and to inspect the retention register and records on which their names appear, including statements of reasons for passing over employees with lower standing on the retention list. Each appeal should set forth whether it is based upon an error in the records, an incorrect efficiency rating, violation of the rules of selection, restriction of the competitive area or competitive level, disregard of a specified right under the law or regulations, or denial of right to examine regulations, retention register, or records.

The question of an incorrect efficiency rating presented in a reduction in force appeal will be considered by the Commission only where the employee has made use of such appellate procedures as were provided by his agency for the administrative review of the rating at issue during such time limits as these procedures were available, or in the case of an employee in a position subject to the Classification Act, as amended, where he appealed such rating to the appropriate board of review established under the authority of section 9 of such act. However, appeals will be accepted by the Commission in any case where adverse actions are proposed to be taken too soon to permit diligent use of efficiency rating appeal procedures, where because of the urgency of the case it is impracticable to await the decision under the administrative review or board of review procedures, where employees were misinformed as to their rights under such procedure, or where coercive measures were employed to prevent recourse to such procedures. (Sec. 12, 58 Stat. 390; 5 U.S.C., Sup., 861) [Reg., June 21, 1946, 11 F.R. 6957] PART 18-WAR SERVICE REGULA

TIONS [SUPERSEDED]

CODIFICATION: Part 18 was superseded by Part 27, infra, Feb. 6, 1946, 11 F.R. 1424. Prior to their supersedure, the following sections were amended during the period covered by this Supplement:

§ 18.1 Examinations.

(c) Reopened examinations.

(3) Members of the armed forces who indicate that they are to be discharged or released from active service or who are in Army or Navy hospitals or separation centers awaiting discharge may also file application for examinations for which there are existing lists or for which lists are about to be established. Any certification of such applicants will be subject to submission of proof of honorable discharge prior to entrance on duty: Provided, That where such applicants submit evidence showing them to be on terminal military leave, they may be entered on duty, subject to submission of proof of final separation from active duty under honorable conditions. (59 Stat. 584; 5 U.S.C., Sup., 61a-1) [Subparagraph (3) amended Jan. 2, 1946, effective Nov. 21, 1945, 11 F.R. 703]

*

§ 18.4 Recruitment and placement.

(h) Selection. The nominating or appointing officer shall, with sole reference to merit and fitness, make selections for appointment to each vacancy from not more than the highest three names available for appointment on the certificate: Provided, That the appointing officer need not consider any eligible who has been within his reach in connection with three separate appointments or against whom objections shall be made and sustained for any of the reasons stated in § 18.2 (c). The second and any additional vacancies shall be filled in like

manner.

An appointing officer who passes over an eligible granted five- or ten-point preference under this part and tentatively selects a nonpreference eligible, shall file with the Commission his reasons in writing for so doing and the Commission shall determine the sufficiency or insufficiency of such submitted reasons and notify the appointing officer. If the reasons are found sufficient, the nonpreference eligible tentatively selected may be appointed. If the reasons are determined insufficient and the appointing officer still intends to appoint the nonpreference eligible, he must submit either more detailed information concerning his reasons for passing over the preference eligible or a statement that he has no more information in support of his selection. The nonpreference eligible tentatively selected may not be legally appointed until the appointing officer has received notification from the Commission concerning his second statement.

When a certificate has been issued for filling several vacancies and the appointing officer submits reasons for passing over a preference eligible on such certificate and selecting a nonpreference eligible, he need not await receipt of the Commission's findings as to the sufficiency of such reasons before making appointment to one or more of the remaining positions: Provided, That he holds

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