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after notice has been given of the existence of the vacancy, under such rules as may be prescribed by the commissioners as to the manner of giving notice.
8. Notice of appointments, rejections, transfers, resignations, and removals; exceptions to be set forth with rules.-Eighth. Notice shall be given in writing by the appointing power to said commission of the persons selected for appointment or employment from among those who have been examined, of the place of residence of such persons, of the rejection of any such persons after probation, of transfers, resignations, and removals, and of the date thereof, and a record of the same shall be kept by said commission. Any necessary exceptions from said eight fundamental provisions of the rules shall be set forth in connection with such rules, and the reasons therefor shall be stated in the annual reports of the commission.
(3) Regulations for examinations, and records.—Third. Said commission shall, subject to the rules that may be made by the President, make regulations for, and have control of, such examinations, and, through its members or the examiners, it shall supervise and preserve the records of the same; and said commission shall keep minutes of its own proceedings.
(4) Investigations and reports.—Fourth. Said commission may make investigations concerning the facts, and may report upon all matters touching the enforcement and effects of said rules and regulations, and concerning the action of any examiner or board of examiners hereinafter provided for, and its own subordinates, and those in the public service, in respect to the execution of this section and sections 632, 635, 637, 638, and 640-642 of this title.
(5) Annual reports.--Fifth. Said commission shall make an annual report to the President for transmission to Congress, showing its own action, the rules and regulations and the exceptions thereto in force, the practical effects thereof, and any suggestions it may approve for the more effectual accomplishment of the purposes of sections 632, 633, 635, 637, 638, and 640-642. (Jan. 16, 1883, ch. 27, § 2, 22 Stat. 403; July 26, 1937, ch. 522, 50 Stat. 533.)
CROSS REFERENCES Dismissal of husband or wife of Government employees before any other employee, see section 37a of this title.
Hatch Political Activity Act, see section 61 et seq. of Title 18, Criminal Code and Criminal Procedure.
Preference to persons other than husband or wife of Government employees in civil service appointments, see section 35a of this title.
8 633c. Personnel Classification Board; orders, rules, laws, etc., continued.-(a) All orders, determinations, rules, or regulations made or issued by the former Personnel Classification Board, and in effect at the time of the transfer of such board to the Civil Service Commission, shall continue in effect to the same extent as if such transfer had not been made, until modified, superseded, or repealed by the Civil Service Commission.
(b) All provisions of law relating to the Personnel Classification Board and the director of classification shall continue in force with respect to the Civil Service Commission, insofar as such provisions of law are not inconsistent with the provisions of secticn 633a, or 633b of this title. (June 30, 1932, ch. 314, $ 507, 47 Stat. 416.)
§ 635. Chief examiner; secretary; employees; boards of examiners.-Said commission is authorized to employ a chief examiner, a part of whose duty it shall be, under its direction, to act with the examining boards, so far as practicable, whether at Washington or elsewhere, and to secure accuracy, uniformity, and justice in all their proceedings, which shall be at all times open to him. The chief examiner shall be entitled to receive a salary at the rate of $9,500 per annum, and he shall be paid his necessary traveling expenses incurred in the discharge of his duty. The commission shall have a secretary, to be appointed by the President. It may, when necessary, employ a stengrapher, and a messenger. The commission shall, at Washington, and in one or more places in each State and Territory where examinations are to take place, designate and select a suitable number of persons, not less than three, in the official service of the United States, residing in said State or Territory, after consulting the head of the department or office in which such persons serve, to be members of boards of examiners, and may at anytime substitute any other person in said service living in such State or Territory in the place of any one so selected. Such boards of examiners shall be so located as to make it reasonably convenient and inexpensive for applicants to attend before them; and where there are persons to be examined in any State or Territory, examinations shall be held therein at least twice in each year. It shall be the duty of the collector, postmaster, and other officers of the United States, at any place outside of the District of Columbia where examinations are directed by the President or by said board to be held, to allow the reasonable use of the public buildings for holding such examinations, and in all proper ways to facilitate the same. (Jan. 16, 1883, ch. 27, § 3, 22 Stat. 404; June 12, 1922, ch. 218, 42 Stat. 637; Nov, 26, 1940, ch. 919, title II, § 8, 54 Stat. 1216.)
§ 637. Violation of duties by commissioners or officers, etc.; punishment.-Any Civil Service Commissioner, examiner, copyist, or messenger, or any person in the public service who shall willfully and corruptly, by himself or in cooperation with one or more other persons, defeat, deceive, or obstruct any person in respect of his or her right of examination according to any such rules or regulations, or who shall willfully, corruptly, and falsely mark, grade, estimate or report upon the examination or proper standing of any person examined hereunder, or aid in so doing, or who shall willfully and corruptly make any false representations concerning the same or concerning the person examined, or who shall willfully and corruptly furnish to any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any person so examined, or to be examined, being appointed, employed, or promoted, shall for each such offense be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than $100, nor more than $1,000, or by imprisonment not less than ten
days, nor more than one year, or by both such fine and imprisonment. (Jan. 16, 1883, ch. 27, § 5, 22 Stat. 405.)
8 638. Appointments and promotions in classified service; examinations. No officer or clerk shall be appointed, and no person shall be employed to enter or be promoted in either of the classes of employees existing on January 16, 1883, or that may thereafter exist, until he has passed an examination, or is shown to be specially exempted from such examination in conformity herewith. Nothing herein contained shall be construed to take from those honorably discharged from the military or naval service any preference conferred by first sentence of section 35 of this title, nor to take from the President any authority not inconsistent with sections 632, 633, 635, 637, 638, 640-642 of this title, conferred by section 631 of this title; nor shall any officer not in the executive branch of the government, or any person merely employed as a laborer or workman, be required to be classified hereunder; nor, unless by direction of the Senate, shall any person who has been nominated for confirmation by the Senate be required to be classified or to pass an examination. (Jan. 16, 1883, ch. 27, § 7, 22 Stat. 406.)
8 640. Habitual users of intoxicants.—No person habitually using intoxicating beverages to excess shall be appointed to, or retained in, any office, appointment, or employment to which the provisions of sections 632, 633, 635, 637, 638, and 640-642 of this title are applicable. (Jan. 16, 1883, ch. 27, § 8, 22 Stat. 406.)
§ 641. Members of same family. Whenever there are already two or more members of a family in the public service in the grades covered by sections 632, 633, 635, 637, 638, and 640-642 of this title, no other member of such family shall be eligible to appointment to any of said grades. (Jan. 16, 1883, ch. 27, § 9, 22 Stat. 406.)
8 642. Recommendaitons by Senators or Representatives.No recommendation of any person who shall apply for office or place under the provisions of sections 632, 633, 635, 637, 638, and 640-642 of this title which may be given by any Senator or Member of the House of Representatives, except as to the character or residence of the applicant, shall be received or considered by any person concerned in making any examination or appointment under said sections. (Jan. 16, 1883, ch 27, § 10, 22 Stat. 406.)
8 643. Applications for examinations; certificate of residence. -After May 15, 1937, every application for examination before the Civil Service Commission for appointment in the departmental service in the District of Columbia shall be accompanied by a certificate of an office, with his official seal attached, of the county and State of which the applicant claims to be a citizen, that such applicant was, at the time of making such application, a legal or voting resident of said county, and had been such resident for a period of not less than one year next receding, but this provision shall not apply to persons who may be in the service with civilservice status and seek promotion or appointment in other branches of the Government. (July 11, 1890, ch. 667, § 1, 26 Stat. 235; May 15, 1937, ch. 196, 50 Stat. 168.)
§ 652. Removals from classified Civil Service for cause only.No person in the classified civil service of the United States shall be removed therefrom except for such cause as will promote the efficiency of said service and for reasons given in writing, and the person whose removal is sought shall have notice of the same and of any charges preferred against him, and be furnished with a copy thereof, and also be allowed a reasonable time for personally answering the same in writing; and affidavits in support thereof; but no examination of witnesses nor any trial or hearing shall be required except in the discretion of the officer making the removal; and copies of charges, notice of hearing, answer, reasons for removal, and of the order of removal shall be made a part of the records of the proper department or office, as shall also the reasons for reduction in rank or compensation; and copies of the same shall be furnished to the person affected upon request, the Civil Service Commission also shall, upon request, be furnished copies of the same. Membership in any society, association, club, or other form of organization of postal employees not affiliated with any outside organization imposing an obligation or duty upon them to engage in any strike, or proposing to assist them in any strike, against the United States, having for its objects, among other things, improvements in the condition of labor of its members, including hours of labor and compensation therefor and leave of absence, by any person or groups of persons in said Postal Service, or the presenting by any such person or groups of persons of any grievance or gievances to the Congress or any Member thereof shall not constitute or be cause for reduction in rank or compensation or removal of such person or groups of persons from said service. The right of persons employed in the civil service of the United States, either individually or collectively, to petition Congress, or any Member thereof, or to furnish information to either House of Congress, or to any committee or member thereof, shall not be denied or interferred with. (Aug. 24, 1912, ch. 389, § 6, 37 Stat. 555.)
CROSS REFERENCES Confiscation of salary of employee removed for cause, see section 46a of this title.
Deputy collectors of internal revenue or deputy marshalls' appointments may be revoked by officer appointing them without regard to civil service laws or rules, see section 639 of this title.
Employees guilty of using appropriations for purpose of influencing a member of Congress, to be removed by superior officer, see section 201 of Title 18, Criminal Code and Criminal Procedure.
§ 654. Duties of Commission as to Official Register.—The United States Civil Service Commission shall cause to be compiled, edited, indexed, and published each year an Official Register of the United States, which shall contain a full and complete list of all persons occupying administrative and supervisory positions in the legislative, executive, and judicial branches of the Government, including the District of Columbia, in connection with which salaries are paid from the Treasury of the United States. The register shall show the name; official title; salary, compensation, and emoluments; legal residence and place of employment
for each person listed therein: Provided, however, that the Official Register shall not contain the name of any postmaster or assistant postmaster, or any officer of the Army, Navy, and Marine Corps, unless such officer is assigned as an administrative officer. To enable the United States Civil Service Commission to compile and publish the Official Register of the United States as early as practicable after the first of June of each year, the Executive Office, the legislative and judicial branches of the Government, the Commissioners of the District of Columbia, and the head of each executive department, independent office, establishment, and commission of the Government shall, as of the 1st day of May of each year, beginning with May 1, 1936, supply to the United States Civil Service Commission the data required by this section, upon forms approved and furnished by the Commission, in due time to permit the publication of the Official Register as herein provided; and no extra compensation shall be allowed to any officer, clerk, or employee of the United States Civil Service Commission for compiling the Official Register. (Aug. 28, 1935, ch. 795, $$ 1, 2, 49 Stat. 956, 957.)
CLASSIFICATION OF CIVILIAN POSITIONS 8 661. Short title.-Sections 661, 662, 663, 664, 665, 666, 667, 668, 669, 670, 671, 672, 673, and 674 of this title may be collectively cited as “The Classification Act of 1923.” (Mar. 4, 1923, ch. 265, § 1, 42 Stat. 1488.)
§ 662. Definitions.—The term “compensation schedules” means the schedules of positions, grades, and salaries, as contained in section 673 of this title.
The term "department” means an executive department of the United States Government, a governmental establishment in the executive branch of the United States Government which is not a part of an executive department, the municipal government of the District of Columbia, the Botanic Garden, Library of Congress, Library Building and Grounds, Government Printing Office, the Smithsonian Institution, and the office of the Architect of the Capitol: Provided, That this section shall not operate to reduce the compensation of the incumbent in any position on June 20, 1929, nor to prevent the Architect of the Capitol from employing professional and technical services in connection with construction projects at such rates of compensation as he may deem necessary in the public interest: Provided further; That the compensation of any employees under the Office of the Architect of the Capitol whose tenure of employment is temporary or of uncertain duration may be fixed by the Architect of the Capitol without reference to the provisions of the Classification Act of 1923, as amended.
The term "the head of the department" means the officer or group of officers in the department who are not subordinate or responsible to any other officer of the department.
The term “position” means a specific civilian office or employment, whether occupied or vacant, in a department other than the following: Offices or employments in the Postal Service;