Executive Order 9830

By virtue of the authority vested in me by the Constitution, by section 1753 of the Revised Statutes (5 U.S.C. 631), by the Civil Service Act of January 16, 1883 (22 Stat. 403), and as President of the United States, it is hereby ordered as follows, effective May 1, 1947:

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Organization for personnel administration in the executive branch of the Federal Government is hereby prescribed as follows:

&sect; 01.1 Responsibility for personnel management.


 * Personnel management is primarily the responsibility of all who plan, direct, or supervise the work of Federal employees. Personnel management methods should be consistent for the Government as a single employer and yet be sufficiently flexible to meet the diversified conditions in the Federal service.

&sect; 01.2 Civil Service Commission responsibilities under this order.

&sect; 01.3 Agency responsibilities for personnel management.

&sect; 01.4 Committees of expert examiners and boards of examiners.

&sect; 01.5 Federal Personnel Council.

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The Civil Service Rules are hereby amended to read as follows:

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&sect; 1.1 Positions and employees affected by these rules.

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&sect; 2.1 Competitive examinations and eligible registers.

&sect; 2.2 Apportionment.


 * Subject to such modifications as the Commission finds to be necessary in the interest of good administration, appointments to positions in agencies' headquarters offices which are located within the metropolitan area of Washington, D.C., shall be made so as to maintain the apportionment of appointments among the several States, Territories, and the District of Columbia upon the basis of population.

&sect; 2.3 Probational and temporary appointments.

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&sect; 3.1 Classes of persons who may acquire status.

&sect; 3.2 Appointment without competitive examination in rare cases.

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&sect; 4.1 Prohibition against political activity.


 * Persons in the executive branch shall retain the right to vote as they choose and to express their opinions on all political subjects and candidates, but such persons shall not use their official authority or influence for the purpose of interfering with an election or affecting the result thereof. Persons occupying positions in the competitive service shall not take any active part in political management or in political campaigns except as may be provided by and pursuant to statute.

&sect; 4.2 Attempting to secure withdrawal from competition.


 * The Commission is authorized to take such disciplinary action as it deems appropriate whenever it finds that any person has influenced another person to withdraw from competition for any position in the competitive service for the purpose of either improving or injuring the prospects of any applicant for appointment.

&sect; 4.3 Method of filling vacancies.


 * In his discretion an appointing officer may fill any position by appointment through the competitive system from a certificate of eligibles issued under the authority of the Commission, or by promotion, demotion, reassignment, transfer, reinstatement or restoration in accordance with the Civil Service Regulations. He shall exercise his discretion in all personnel actions solely on the basis of merit and fitness and without regard to political or religious affiliations, marital status or race.

&sect; 4.4 Personnel reports.


 * Each agency shall report to the Commission, in such manner and at such times as the Commission may prescribe, such personnel information as it may request relating to positions and officers and employees in the competitive service or excepted from the competitive service by statute or Executive order, whether permanent, indefinite, temporary or subject to contract.

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&sect; 5.1 Regulations.

&sect; 5.2 Authority of the Commission to make investigations.


 * The Commission may make appropriate investigations to secure enforcement of the Civil Service Act, Rules, and Regulations, including investigation of the qualifications and suitability of applicants for positions in the competitive service. It may authorize appointments conditioned upon a subsequent determination that the requirements of law or the Civil Service Rules and Regulations have been met.

&sect; 5.3 Officers and employees to furnish testimony.


 * All officers and employees in the executive branch, and applicants or eligibles for positions therein, shall give to the Commission or its authorized representatives all information and testimony in regard to matters inquired of arising under the Civil Service Act, Rules, and Regulations. Whenever required by the Commission, such persons shall subscribe such testimony and make oath or affirmation thereto before an officer authorized by law to administer oaths.

&sect; 5.4 Authority of the Commission to issue instructions as to discipline or separation.


 * Whenever the Commission finds that an appointment has been made in violation of the Civil Service Act, Rules or Regulations, or that any employee subject thereto has violated such Act, Rules, or Regulations or is holding a position in violation thereof, it is authorized, after giving due notice and opportunity for explanation to the employee and the agency concerned, to certify the facts to the proper appointing officer with specific instructions as to discipline or dismissal.

&sect; 5.5 Withholding salary.


 * If the appointing officers fails to carry out the instructions of the Commission issued under &sect; 5.4 of this Rule, the Commission shall certify the facts to the head of the agency concerned. If the head of the agency fails to carry out the instructions of the Commission within ten days after receipt thereof, the Commission shall notify the Comptroller General of the United States and no payment or allowance shall be made of the salary or wages accruing to the employee concerned after such notification.

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&sect; 6.1 Positions excepted from the competitive service.

&sect; 6.2 Assignment of excepted employees.


 * Any person appointed without competitive examination to a position in Schedule A or B (&sect; 6.4), or to a position excepted from the competitive service by statute, shall not be assigned to the work of a position in the competitive service without prior approval of the Commission.

&sect; 6.3 Requirements of the Veterans' Preference Act.


 * The regulations issued by the Commission pursuant to section 11 of the Veterans' Preference Act shall apply to positions listed in Schedule A and B (&sect; 6.4) and positions excepted from the competitive service by statute.

&sect; 6.4 Lists of positions excepted from the competitive service.

The following Executive orders are hereby revoked:

, February 24, 1947.