Page:United States Statutes at Large Volume 58 Part 1.djvu/411

 58 STAT.] 78TH CONG., 2D SESS.-CH. 287-JUNE 27, 1944 appearance, or an appearance through a -designated representative, in accordance with such reasonable rules and regulations as may be issued by the Civil Service Commission; after investigation and con- sideration of the evidence submitted, the Civil Service Commission shall submit its findings and recommendations to the proper admin- istrative officer and shall send copies of same to the appellant or to his designated representative: Provided further, That the Civil Service Commission may declare any such preference eligible who may have been dismissed or furloughed without pay to be eligible for the provisions of section 15 hereof. SEC. 15. Any preference eligible, who has been furloughed, or separated without delinquency or misconduct, upon request, shall have his name placed on all appropriate civil-service registers and/or on all employment lists, for every position for which his qualifica- tions have been established, as maintained by the Civil Service Com- mission, or as shall be maintained by any agency or project of the Federal Government, or of the District of Columbia, in the order as provided in section 7 hereof, and shall then be eligible for recerti- fication and reappointment in the order and according to the proce- dure as provided for in sections 7 and 8 hereof. No appointment shall be made from an examination register of eligibles, except of ten-point preference eligibles, when there are three or more names of preference eligibles on any appropriate reemployment list for the position to be filled. SEC. 16. Any preference eligible who has resigned shall, upon request to the Civil Service Commission, have his name again placed on all proper civil-service registers for which he may have been qualified, in the order as provided for in section 7 hereof, and shall then be eligible.for recertification and reappointment in the order, and according to the procedure, as provided for in sections 7 and 8 hereof. SEC. 17. The term "Civil Service Commission" or "Commission" as used in this Act shall mean the present United States Civil Service Commission or any body or person who may by law succeed to its powers and duties, or any of them, or which or who may be desig- nated by law to perform any specific duty and possess any specific power concerning matters covered by this Acr. SEC. 18. All Acts and parts of Acts inconsistent with the provisions hereof are hereby modified to conform herewith, and this Act shall not be construed to take away from any preference eligible any rights heretofore granted to, or possessed by, him under any existing law, Executive order, civil-service rule or regulation, of any department of the Government or officer thereof. SEC. 19. It shall be the authority and duty of the Civil Service Commission in all cases under the classified civil service to make and enforce appropriate rules and regulations to carry into full effect the provisions, intent, and purpose of this Act and such Executive orders as may be issued pursuant thereto and in furtherance thereof. SEC. 20. Nothing contained in this Act is intended to apply to any position in or under the legislative or judicial branch of the Gov- ernment or to any position or appointment which by the Congress is required to be confirmed by, or made with, the advice and consent of the United States Senate: Provided, however, That the provisions of this Act shall apply to appointments under Public Law Numbered 720, Seventy-fifth Congress, third session, approved June 25, 1938. SEC. 21. If any part of this Act shall be found to be unconstitu- tional, the rest of it shall be considered as in full force and effect. Approved June 27, 1944. 391 Findings and rec- ommendations. Eligibility for recer- tification and reap- pointment. Eligibility for re- appointment afterres- ignation. Terms defined. Conformity of exist ing law. Administration of Act. Nonapplication to certain positions. Appointment of postmasters. 52 Stat. 1076. 39U.S.C.I§31a, 39a; Supp. III, 31b. Separability.

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