CHAPTER 9

CIVILIAN OFFICERS AND EMPLOYEES

Computation of wage-earning capacity of District of Columbia :

566. This section, based on section 7, act of March 3, 1919 (40 Stat. 1293), 5 U. S. C. 644, was specifically repealed by section 21, act of June 18, 1929 (46 Stat. 26).

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566a. Appointment; citizenship.-* Provided further, That no part of this or any other appropriation contained in this Act shall be available for the pay of any person, civil or military, not a citizen of the United States, unless in the employ of the Government or in a pay status under appropriations carried in this Act on July 1, 1937 [under appropriations for the War Department], nor for the pay of any such person beyond the period of enlistment or termination of employment, but nothing herein shall be construed as applying to instructors of foreign languages at the Military Academy, or to Filipinos in the Army Transport Service, or to persons employed outside of the continental limits of the United States except enlisted men of the Regular Army, other than Philippine Scouts, upon expiration of enlistment (and this provision shall be subject to the provisions of the Act entitled "An Act for the protection of certain enlisted men of the Army," approved August 19, 1937). Sec. 1, military appropriation act of July 1, 1937 (50 Stat. 446).

That, notwithstanding the language contained in the second proviso on page 6 of the Act of July 1, 1937 (Public, Numbered 176, Seventy-fifth Congress, first session), or any other Act, during the three-year period following the enactment of this Act, enlisted personnel of the Army who have legally declared their intention to become citizens, or who do so during their current enlistment, or

who have been discharged from the Army since July 1, 1937, and who also agree to complete expeditiously their naturalization and become citizens of the United States may be reenlisted and receive the pay to which, except for the aforesaid proviso, they would otherwise be legally entitled: Provided, That Filipinos who were serving in the Army on July 1, 1937, may be reenlisted without regard to their citizenship status, and receive the pay to which otherwise legally entitled. Act of Aug. 19, 1937 (50 Stat. 696).

The words italicized were omitted, and the words in brackets added, in the first paragraph supra, as repeated in the appropriation act for the fiscal year 1939 (52 Stat. 646). Similar provisions are found in section 5, Treasury and Post Office Department Appropriation Act of March 28, 1938 (52 Stat. 148); section 3, State, Justice, Commerce, and Labor Departments Appropriation Act of April 27, 1938 (52 Stat. 289); section 5, Independent Offices Appropriation Act of May 23, 1938 (52 Stat. 435). The term "declaration of intention" as used in these provisions is defined in section 207, Deficiency Appropriation Act of June 25, 1938 (52 Stat. 1163).

567. Appointment; oath of office.-That section seventeen hundred and fifty-six of the Revised Statutes be, and the same is hereby, repealed; and hereafter the cath to be taken by any person elected or appointed to any office of honor or profit either in the civil, military, or naval service, except the President of the United States, shall be as prescribed in section seventeen hundred and fifty-seven of the Revised Statutes. But this repeal shall not affect the oaths prescribed by existing statutes in relation to the performance of duties in special or particular subordinate offices and employments. Sec. 2, act of May 13, 1884 (23 Stat. 22); 5 U. S. C. 16.

Whenever any person

* is elected or appointed to any office of honor he shall, before * the following

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or trust under the Government of the United States, entering upon the duties of his office, take and subscribe oath: "I, A. B., do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God." R. S. 1757; 5 U. S. C. 16.

The oath of office taken by any person pursuant to the requirements of section seventeen hundred and fifty-six, or of section seventeen hundred and fifty-seven, shall be delivered in by him to be preserved among the files of the House of Congress, department, or court to which the office in respect to which oath is made may appertain. R. S. 1759; 5 U. S. C. 21.

That civilian employees of the executive departments and independent establishments of the United States who, upon original appointment, have subscribed to the oath of office required by section 1757 of the Revised Statutes, shall not be required to renew the said oath because of any change in status so long as their services are continuous in the department or independent establishment in which employed, unless in the opinion of the head of the department or independent establishment the public interests require such renewal. Act of Aug. 14, 1937 (50 Stat. 640); 5 U. S. C. 176.

568. Appointment; payments to procure. That it shall be unlawful to pay or offer or promise to pay any sum of money, or any other thing of value, to any person, firm, or corporation in consideration of the use or promise to use any influence whatsoever to procure any appointive office under the Government of the United States for any person whatsoever. Sec. 1, act of December 11, 1926 (44 Stat. 918); 18 U. S. C. 149.

It shall be unlawful to solicit or receive from anyone whatsoever, either as a political contribution or for personal emolument, any sum of money, or thing of value whatsoever in consideration of the promise of support, or use of influence, or for the support or influence of the payee, in behalf of the person paying the money, or any other person, in obtaining any appointive office under the Government of the United States. Sec. 2, act of December 11, 1926 (44 Stat. 918); 18 U. S. C. 150.

Anyone convicted of violating this act shall be punished by imprisonment of not more than one year, or by a fine of not more than $1,000, or by both such fine and imprisonment. Sec. 3, act of December 11, 1926 (44 Stat. 918); 18 U. S. C. 151.

569. Appointment; affidavit as to payments.--That each individual hereafter appointed as a civil officer of the United States by the President, by and with the advice and consent of the Senate, or by the President alone, or by a court of law, or by the head of a department, shall within thirty days after the effective date of his appointment file with the Comptroller General of the United States an affidavit stating that neither he nor anyone acting in his behalf has given, transferred, promised, or paid any consideration for or in the expectation or hope of receiving assistance in securing such appointment. Sec. 1, act of December 11, 1926 (44 Stat. 918); pub. res. of March 2, 1927 (44 Stat. 1346); 5 U. S .C. 21a. No salary shall be paid to any individual required under section 1 to file an affidavit until such affidavit has been filed. Sec. 2, act of December 11, 1926 (44 Stat. 919); 5 U. S. C. 21b.

Notes of Decisions

Scope of act.-Indictment for conspiracy | States applied only to civil officers (Act to solicit money for obtaining appointment Dec. 11, 1926, sec. 1, as amended by Act as West Point cadet, held to charge con- March 2, 1927, and sec. 2, 5 U. S. C. A. secs. spiracy to commit offense against United 21a, 21b; 18 U. S. C. A. sec. 150). Hoeppel States as against contention that statute v. U. S. (App. D. C., 1936), 85 F. (2d) 237; penalizing soliciting moneys in consideration certiorari denied 299 U. S. 557; rehearing of support or influence in obtaining ap- denied (1936) 299 U. S. 622. pointive office under government of United

570. Appointment; civil service rules and regulations.-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 the 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; 5 U. S. C. 631.

That it shall be the duty of said commissioners:

First. To aid the President, as he may request, in preparing suitable rules for carrying this Act 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 modifications thereof, into effect.

Second. And, among other things, said rules shall provide and declare, as nearly as the conditions of good administration will warrant, as follows:

First, for open, competitive examinations for testing the fitness of applicants for the public service now classified 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.

Second, that 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.

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.

Fourth, that there shall be a period of probation before any absolute appointment or employment aforesaid.

Fifth, that 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.

Sixth, that 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.

Seventh, there shall be noncompetitive examinations in all proper cases before the commission, when competent persons do not compete, 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.

Eighth, that 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. And any necessary exceptions from said eighth 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.

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. Sec. 2, act of Jan. 16, 1883 (22 Stat. 403); act of July 26, 1937 (50 Stat. 534); 5 U. S. C. 633.

The authority conferred upon the President by the first paragraph of this section was not taken away by the second paragraph, creating the Civil Service Commission, except as provided in 571, post.

A general amendment of Civil Service Rules I-XVI, inclusive, was promulgated in Executive Order No. 7915, June 24, 1938, to be effective February 1, 1939.

By Executive Order No. 7916, June 24, 1938, all positions in the Executive civil service not exempted by statute (except policy-determining positions and those which special circumstances may require to be exempted), are covered into the competitive classified civil service. Incumbents of such positions may acquire a civil service status upon passing a suitable noncompetitive examination. A Division of Personnel Supervision and Management, headed by a Director of Personnel, is established in each Executive department and independent establishment, and a Council of Personnel Administration, consisting of the Directors of Personnel of the several departments and independent establishments and other members to be designated by the President. Practical training courses for employees are to be established by the Civil Service Commission.

The independent establishments required to establish Divisions of Personnel Supervision and Management were designated by Executive Order No. 7975-A, September 16, 1938.