Executive Order 9691—Directing the Civil Service Commission to Resume Operations Under the Civil Service Rules, and Authorizing the Adoption of Special Regulations During the Transitional Period

WHEREAS Executive Order No. 9063 of February 16, 1942, was designed to expedite recruitment for Federal positions during the war period, and to defer the permanent filing of vacancies while millions of citizens in the armed forces and in war industries were unavailable to compete for permanent appointment; and

WHEREAS the release of men and women from the armed forces and from war industries has progressed to such a degree that certain procedures adopted under Executive Order No. 9063 are no longer deemed necessary and it is desirable that returning veterans and others formerly not available for consideration be given opportunity to compete for permanent appointment; and

WHEREAS it is in the interest of economy and efficiency that positions in the classified (competitive) civil service be filed in times of normal competition on a permanent basis by the best qualified persons as determined through competitive examination:

NOW, THEREFORE, by virtue of the authority vested in me by sections 2 and 3 of the Civil Service Act (22 Stat. 403), section 1753 of the Revised Statutes, and section 3(b) of the Civil Service Retirement Act, as amended (5 U.S.C Sup. IV, 693), it is hereby ordered as follows:

1. The United States Civil Service Commission is directed to resume, as rapidly as its resources will permit, the announcement of open competitive examinations, and the establishment of registers of eligibles, for the purpose of certifying eligibles for regular probational appointment to fill vacancies which may occur in the classified (competitive) service and to replace persons who do not have permanent tenure and who are occupying positions in the classified (competitive) service under war-service or other temporary appointments.

2. (a) In order to assure the maximum utilization, in the recruitment and placement of persons for the Federal service, of the field service resources of the departments and agencies, the Civil Service Commission, after consulting the departments and agencies concerned, may establish U.S. Civil Service Boards of Examiners in the field service, composed of officers or employees of the departments and agencies concerned.

(b) In order to assure the maximum utilization, in the recruitment and placement of persons for the Federal service, of the resources of the departments and agencies in the departmental service in Washington, D.C., the Civil Service Commission, after consulting the departments and agencies concerned, may establish, for scientific, professional (other than legal), or technical examinations, U.S. Civil Service Committees of Expert Examiners in the departmental service in Washington composed of officers or employees of the departments and agencies concerned, who are of outstanding competence in the various scientific, professional, or technical fields for which the examinations are held.

(c) The work of the boards or committees referred to in this section in connection with the execution of the Civil Service Act, Rules and Regulations, shall be under the direction and supervision of the Commission.

(d) The duties performed by the members of such boards or committees shall be considered part of the duties of the office or organization in which they are serving and time shall be allowed therefor during regular working hours.

3. The Civil Service Commission is authorized to issue regulations which will provide for the transitional period until such time as the Civil Service Rules are revised, and which will make effective the provisions of the Veterans' Preference Act of 1944. Not later than thirty days following the date of this order all appointments, transfers, reinstatements, changes in status and other actions involving the classified (competitive) civil service shall be made in accordance with the Civil service Rules and Regulations; Provided, however, that no later than July 1, 1946, the Commission shall submit to the President recommendations for a general revision of the Civil Service Rules.

4. Pending the establishment of appropriate registers through open competitive civil service examinations the Commission may authorize departments and agencies to make appointments of a temporary nature. In making such temporary appointments there shall be no discrimination because of race, creed, color, or national origin, and the department and agencies shall give preference in the order named (a) to qualified persons entitled to ten-point preference under the Veterans' Preference Act of 1944, (b) to qualified persons entitled to five-point preference under that Act, and (c) to qualified former Federal employees. Upon establishment before the Commission that this order of selection has not been followed in any case, the person appointed may be removed. The Commission shall require departments and agencies to keep such records and make such reports as will show that the preferences in appointment provided by this section have been granted. Persons appointed under this section shall not be regarded as occupying permanent positions for the purpose of section 7 of the Classification Act of March 4, 1923, as amended, and shall not by virtue of such appointment be subject to the Civil Service Retirement Act.

5. As soon as practicable after the establishment of appropriate registers of eligibles through competitive examination the Commission shall, in accordance with the civil Service Laws, Rules, and Regulations, issue certificates for probational appointment of eligibles to fill current vacancies and to replace persons who do not have permanent tenure and who are occupying positions subject to the Civil Service Act and Rules. The replacement of persons without permanent tenure shall be made in the following order: (a) war-service and other temporary appointees who fail to compete or to qualify in the appropriate examination; and (b) all other war-service and other temporary appointees unless (1) they are reached and selected for probational appointment in accordance with the Civil Service Rules and Regulations, or (2) they are recommended for and granted a classified (competitive) civil service status under the provisions of section 6 of this order.

The appointment of war-service appointees may, in the discretion of the Commission, be extended beyond six months after the duration of the war. The employment of war-service or other temporary appointees shall not be extended beyond the period specified by the Commission, but separations under this section shall be made in the order prescribed by the Commission.

6. When the Commission has established an appropriate register of eligibles through open competitive examination for probational appointment, it may, upon recommendation of the head of the agency concerned, confer a classified (competitive) civil service status upon any person serving in a position which would be filed by certification from such register who meets the following conditions:

(a) He made an eligible rating in the open competitive examination and the lowest rating reached in accordance with the regular order of certification does not exceed his rating by more than five points: Provided, that where ten-point preference eligibles are placed at the top of the register no person may be granted status under this section until all ten-point preference eligibles standing higher on the register have been appointed or have been given appropriate consideration in accordance with the regulations issued under the Veterans' Preference Act of 1944: Provided further, that in no event shall a non-veteran be granted status under this section until all preference eligibles standing higher on the register have been appointed or have been given appropriate consideration in accordance with the regulations issued under the Veterans' Preference Act of 1944.

(b) He is serving under an appointment which is not limited to one year or less.

(c) He has had at least one year of service under such appointment: Provided that military service shall be counted in computing the period of service.

7. The Civil Service Commission shall, before July 1, 1946, submit recommendations for a general revision of Schedule A of the Civil Service Rules. In the interim period, whenever the Commission determines, upon a request made by any department or agency, that any position or class of positions in the professional, scientific, or technical fields not excepted from the classified (competitive) service should in the public interest be so excepted, the Commission shall cause publication in the FEDERAL REGISTER of its determination of excepting such position or class of positions and thereafter appointment thereto may be made as under Schedule A. Persons serving under war-service appointments in any such position so excepted may be retained therein until Schedule A is specifically amended to include such positions, and unless specifically limited to one year or less, new appointments made under this section shall not be regarded as temporary appointments: Provided, that no person shall continue in employment under the authority of this section after December 31, 1946, unless the position occupied by such person shall have been included under Schedule A. This section shall not apply to positions filed by persons having a classified (competitive) civil service status.

8. The Civil Service Commission is authorized to confer a classified (competitive) civil service status or a probational status upon any person entitled to military preference under the Veterans' Preference Act of 1944 who establishes the existence of a service-connected disability of not less than ten per cent: Provided that such person is serving either (a) under a war-service indefinite appointment, or (b) under appointment in accordance with section 4 of this order if he qualifies in an appropriate examination and his services are required indefinitely by the department or agency in which he is employed.

9. Executive Orders Nos. 9063 of February 16, 1942, 9378 of September 23, 1943, and 8514 of August 13, 1940, are hereby revoked. Nothing in this order shall be construed to affect reemployment rights heretofore acquired by any person under any law or Executive order, or under any regulation or administrative procedure of any Government agency.

HARRY S. TRUMAN

THE WHITE HOUSE,

February 4, 1946