ESTABLISHING SPECIAL PERSONNEL PROCEDURES IN THE INTEREST OF THE NATIONAL DEFENSE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78-03578A000400050033-8
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 13
• Document Creation Date: December 12, 2016
• Document Release Date: October 1, 2001
• Sequence Number: 33
• Publication Date: November 15, 1950
• Content Type: OPEN

FEDFIIAL.II EGIS TER
VOLUME 15' 1934 'yFVN TED SAP` NUMBER 222
Washington, Wednesday, November 1$, 1950
TITLE 3-THE PRESIDENT
service laws, rules, and regulations, and
appointments and position changes out-
side the competitive service shall be
made in accordance with such regula-
tions and practices 'as the head of the
agency concerned shall find necessary.
(d) In making appointments under
this order in the competitive service the
recruiting facilities of the Commission
and its boards and committees of exam-
iners shall be used to the fullest extent.
CONTENTS
THE PRESIDENT
Executive Order
Establishing special personnel
procedures in the interest of
EXECUTIVE. ORDER 10180
DURES IN THE INTEREST OF THE NATIONAI,r
By virtue of the authority vested in me
by section 2 of the Civil Service Act (22
Stat. 403), by section 3 of the Civil Serv-
ice Retirement Act of May 29, 1930, as
amended by section 3 of the act of Janu-
ary 24, 1942, 56 Stat. 15, by section 1753
of the Revised Statutes (5 U. S. C. 631),
and in effectuation of the purposes of
section 1302 of the Supplemental Appro-
priation Act, 1951 (Public Law 843, 81st
Congress), it is hereby ordered as
follows:
SECTION 1. (a) On and after December
1, 1950, and until such time as the Presi-
dent may find it no longer necessary in
the interest of;, the national defense, all
appointments i the executive branch of
the Government shall be made on a non-
permanent basis except those of Presi-
dential appointees and postmasters in all
classes of post offices: ,Provided, that
permanent appointments are authorized
whenever, in unusual circumstances, the
Civil Service Com_ni8sj4Qxi for positions
in tihe competitive'
ompetitive service, or the head of
thg_ageiicy concerned for positions out-
side the competitive service, determines
that permanent appointments are in the
.hlterest of , the Government: i And pro-
vided further, that agencies may appoint
on a permanent basis persons selected
for permanent appointment prior to De-
cember 1, 1950.
(b) On and after September 1, 1950,
and until such time as the President may
End it no'longer necessary in the interest
of the national defense, all promotions,
transfers of personnel from one agency
to another, and, except as provided by
section 2 (b) hereof, reemployment of
former Federal employees shall be on
a nonpermanent basis; and on and after
December 1, 1950, any reassignment may,
in the discretion of the head of the
agency concerned, be on either a perma-
nent or nonpermanent basis.
(c) To the extent not inconsistent
with this order, appointments and posi-
tion changes in the competitive service
shall be made in accordance with civil
national defense-------------- 7745
EXECUTIVE AGENCIES
.SEC.'2. (a) The Civil. Service Commis- ? Agriculture Department
sion
whenever it determines it to be See Production and Marketing
,
necessary in the interest of the national
defense, shall prescribe regulations gov-
erning the release of employees (both
within and outside the competitive serv-
ice) by any agency in the, executive
branch of the Government for employ-
ment in any other agency, and governing
the establishment, granting, and exercise
of rights to reemployment in the agen-
cies from which employees are released.
(b) In carrying out the provisions of
section 9 of the Selective Service Act of
1948, as amended, or any other legal
authority granting the right to. reem-
ployment in the Federal service, the
Commission' shall prescribe regulations
limiting the right to reemployment of an
individual to employment in the last
position he occupied on a permanent
basis or in one of equal seniority, status,
and pay: Provided, that in such cases
the Commission may by regulation pro-
vide for nonpermanent reemployment in
a position of higher grade or salary.
SEC. 3. Persons given nonpermanent
appointments pursuant to section 1 of
this order are hereby excluded from the
operation of the Civil Service Retirement
Act of May 29, 1930, as amended, unless
eligible for retirement benefits by con-
tinuity of service.or by reinstatement, or
SEC. 4. The Civil Service Commission
is authorized to prescribe regulations
and procedures, in addition to those
otherwise authorized herein, for carry-
ing out its functions and duties under
this order.
HARRY S. TRUMAN
Administration.
Alien Property, Office of
Notices:
Vesting orders, etc.:
Barnowski, Anna ------- _----
7787
Bauer, Margarete-----------
7787
Beck, Helene, et al ----------
7787
Berlineke, Gertrude A., et al__
7788
Burkert, Paul M., et al ------
7788
Delbruck, Helen ------------
7789
Dressler, William -----------
7789
Retter, Julius Gottlob, et al__
7785
Sanladerer, Gottfried Joseph_
7785
Von Schwarzenberg, Theresia
Maria Ida Benedikta Hu-
Civil Service Commission
Rules and regulations:
Acquisition of a competitive
status---------------------- 7747
Appeals of preference eligibles
under Veterans' Preference
Act of 1944------------ -- 7750
Appointment through the com-
petitive system------------- 7747
Appointment of employees of
other agencies without reem-
ployment rights and of for-
mer Federal employees-__--- 7747
Exceptions from the competitive
service; Defense Transport
Administration and Interior
Department ---------------- 7752
IF. R: Doc. 50-10355; Filed, Nov. 14, 1950; Permanent readjustments in
11:15 a. M.1 personnel ------------------ 7749
7745
Approved For Release 2001/11/01: CIA=RDP78-03578A000400050033-8
 UNITED STATES
GOVERNMENT
ORGANIZATION
MANUAL
1950-51 Edition
(Revised through July 1)
Published by the Federal Register Division,
the National Archives and Records Service,
657 pages 41-00 a copy
Order from Superintendent of Documents,
United States Government Printing Office,
CONTENTS-Continued
assignment and movement of
employees between agencies
7749
Special transitional procedures_
7749
ternational Trade, office of;
National Production Authority.
CONTENTS-Continued
Customs Bureau
Notices:
No consul list; inclusion of
Prince Rupert, British Colum-
bia, Canada________________ 7769
Federal Maritime Board
Notices: '
Atlantic Conference et al.;
agreements filed for ap-
proval ---------------------
Federal Power Commission
Notices :
Hearings etc.:
Florida Power Corp---------
7775
Monongahela Power Co. et al_
7774
Panhandle Eastern Pipe Line
Co-----------------------
7775
Tennessee Gas Transmission
Co. et al------------------
7775
United Gas Pipe Line Co_____
7774
Federal Reserve System
Rules and regulations:
Consumer instalment credit;
interpretations -------------
7755
Federal Trade Commission
Rules and regulations:
Cease and desist orders:
Barcelona Sales Co. Inc., et
al------------------------
7757
Beckman and Grohs --------
7758
Consolidated Royal Chemical
Corp---------------------
7756
Horlicks Corp______________,,
7759
Ideal Cement Co. et al -------
"7758
Sterling Drug, Inc----------
7756
Valley Steel Products Co-----
7759
Walsh Laboratories, Inc., et al_
7757
Foreign and Domestic Com-
merce Bureau
See International Trade, Office of.
General Services Administration
Notices:
Delegation of authority to heads
of services, staff offices, and
regional directors ----------- 7775
Rules and regulations:
Property disposal, personal;
miscellaneous amendments -- 7767
Housing Expediter, Office of
Rules and regulations:
Rent, controlled; housing, and
rooms in rooming houses
and other establishments:
Certain states-------------- 7761
Ohio and Pennsylvania------ 7763
Interior Department
See Land Management, Bureau of.
International Trade, Office of
Rules and regulations:
Export clearance------------- 7760
Licenses, validated, provisions
for individual and other ----- 7760
Positive list of commodities
and -related matters; miscel-
laneous amendments (2 doc-
uments) --------------- 7760, 7761
Interstate Commerce Commis-
sion
Notices :
Applications for relief:
Iron or steel pipe from Texas
.to Illinois________________ 7779
CONTENTS-Continued
Interstate Commerce Commis- Page
sion-Continued`
Notices-Continued
Applications for relief-Con.
Petroleum products f r o m
Louisiana to Illinois terri-
tory --------------------- 1780
Potatoes from Louisiana to
official territory ---------- 7789
Rates, net transit, on lum-
ber to Meridian, Miss______ 7780
Justice Department
See Alien Property, Office of.
Labor Department
See Wage and Hour Division.
Land Management, Bureau of
Notices :
Arizona; opening of public
lands restored from Colorado
River Storage Project -------
7769
Rules and regulations:
California; modification of EO
6206 of July 16, 1933 ---------
7767
Materials disposal; miscellane-
ous amendments------------
7766
National Production Authority
Rules and regulations:
Aluminum, use______________
7764
Control, inventory; interpreta-
tions-----------------------
7763
Tin--------------------------
7765
Production and Marketing Ad-
ministration
Rules and regulations:
Changes in salable, surplus,
and withholding percent-
ages for 1950-51:
Filberts grown in Oregon and
Washington; fiscal year___
7755
Walnuts grown in C)Jifornia,
Oregon, and Washington;
marketing year -----------
7755
Citrus Fruit Export Program
RMX 135a; fruits and ber-
ries, dried and processed---
7752
Potatoes, Irish, grown in Colo-
rado; limitation of ship-
ments----------------------
7754
Securities and Exchange Com-
mission
Notices:
Hearings, etc.:
American Gas and Electric
Co -----------------------
7783
Electric Bond and Share Co_
.7781
Federal Water and Gas
Corp. et al_______________
7780
Magee Co. et al_____________
7784
Metropolitan Edison Co. and
General Public Utilities
Corp---------------------
7784
National Power & Light Co__
7782
Southwestern Gas and Elec-
tric Co-------------------
7782
United Gas Improvement Co.
and Delaware Coach Co___
7781
Treasury Department
See Customs Bureau.
Wage and Hour Division
Notices :
Learner employment certifi-
cates; issuance to various in-
dustries --------------------
7770
Approved For Release 2001/11/01 : CIA-RDP78-03578A000400050033-8
Approved Fftease 2001/11/01 : CIA-RDP78-0350400050033-8
FEDERAL REGISTER
Published daily, except Sundays, Mondays,
and days following official Federal holidays.
by the Division of the Federal Register,
National Archives and Records Service, Gen-
eral Services Administration, pursuant to the
authority contained in the Federal Register
Act, approved July 26, 1935 (49 Stat. 500, as
amended; 44 U. S. C., ch. 8B), under regula-
tions prescribed by the Administrative Com-
mittee of the Federal Register, approved by
the President. Distribution is made only by
the Superintendent of Documents, Govern-
ment Printing Office, Washington 25, D. C.
The regulatory material appearing herein
is keyed to the Code of Federal Regulations,
which is published, under 50 titles, pursuant
to section 11 of the Federal Register Act, as
amended June 19, 1937.
The FEDERAL REGISTER will be furnished by
mail to subscribers, free of postage, for $1.50
per month or $15.00 per year, payable in
advance. The charge for individual copies
(minimum 15?) varies in proportion to the
size of the issue. Remit check or money
order, made payable to the Superintendent
of Documents, directly to the Government
Printing Office, Washington 25, D. C.
There are no restrictions on the republica-
tion of material appearing in the FEDERAL
 Approved Fc ase 2001/11/01 : CIA-RDP78-0357400050033-8
Wednesday, November 15, 1950 FEDERAL REGISTER
CODIFICATION GUIDE
A numerical list of the parts of the Code
of Federal Regulations affected by documents
published in this issue. Proposed rules, as
opposed to final actions, are identified as
Title 3 m
Page
Chapter II (Executive orders) :
6206 (modified by PLO 683)___
7767
10180 ------------------------
Title 5
Chapter I:
Part 2--- ---------------------
7747
Part 3 ------------------------
7747
Part 6_______________________
7752
Part? -----------------------
7747
Part 8-------------------------
7748
Part 9------------------------
7749
Part 10-----------------------
7749
Part 11 -----------------------
7749
Part 20--__------------------
7749
-Part 22------------------------
7750
Part 35_______________________
7751
Title 6
Chapter IV:
Part 518______________________
7752
Title 7
Chapter IX:
Part 958______________________
7754
Part 984______________________
7755
Part 997---------------------- .
7755
Title 12
Chapter II:
Part 222----------------------
7755
Title 15
Chapter III:
Part 372______________________
7760
Part 379_____________________
7760
Part 399 (2 documents) ____ 7760,
7761
Title 16
Chapter I:
Part 3 (8 documents) ------ 7756-7759
Title 24
Chapter VIII:
Part 825 (2 documents) 7761,
7763
Title 32A
Chapter I:
Part 10-----------------------
7763
Part 26-----------------------
7764
Part 27-----------------------
7765
Title 43
Chapter I:
Part 259______________________
7766
Appendix (Public land orders) :
683------------------------
7767
Title 44
Chapter I:
Part 55--------- ---------------
7767
TITLE ~-ADMINISTRATIVE
PERSONNEL
-Chapter I-Civil Service Commission
MISCELLANEOUS AMENDMENTS TO CHAPTER
The following miscellaneous amend-
ments to this title and chapter are ef-
fective December 1, 1950, except as oth-
erwise provided in the text.
PART 2-APPOINTMENT THROUGH THE
COMPETITIVE SYSTEM
1. A new subparagraph (7) is added to
? 2.112 (a) as set out below. As amended,
?2.112 (a) reads as follows:
? 2.112. Appointments subject to in-
vestigation. (a) The following types of
appointment shall be made subject to
investigation:
(1) Original probational.
(2) Reappointments.
(3) Reinstatements.
(4) Temporary appointments.
(5) Inter-agency transfers. .
(6) Conversions from excepted, war
service indefinite or temporary indefinite
appointments to competitive appoint-
ments.
(7) Indefinite' appointments under
Parts 2, 7 and 8 of this chapter.
2. Paragraphs (a), (d), (e), (f), (g),
(h), and (I) of ? 2.114 are hereby sus-
pended.
3. Paragraph (b) of ? 2.114 is amended
to read as set but below.
? 2.114 Temporary appointment.
r r w
(b) Job employment: When there is
work of a temporary character, at the
completion of which the services of an
additional employee will not be required,
a temporary appointment for job em-
ployment may be made, with the prior
approval of the Commission, for a period
not to exceed one year. Such appoint-
ments, when made for a period of less
than one year, may be extended without
further approval of the Commission for
a period or periods not extending beyond
one year from the date of original ap-
pointment. Any person eligible for in-
definite appointment under ? 7.105 (a)
of -this chapter may be noncompetitively
selected for job employment without re-
gard to. registers of eligibles or prior
approval of the Commission. Whenever
there are insufficient available eligibles
on registers, in making appointments
under this paragraph agencies shall (1)
give preference first to 10-point veterans
and second to 5-point veterans; and (2)
obtain a decision from the Commission
whenever it is necessary to determine
whether any applicant is disqualified be-
cause of physical unfitness.
4. A new ? 2.115 is added as follows:
? 2.115 Indefinite appointment-(a)
In general. On and after December 1,
1950, all new appointments shall be in-
definite appointments except those of
postmasters in all classes of post offices'
and, in unusual circumstances, appoint-
ments to positions for which the Com-
mission determines that probational
appointments are in the interest of the
service: Provided, That agencies may give
probational appointments after that date
to eligibles who were regularly selected
from certificates issued prior to Decem-
ber 1, 1950, for probational appointment.
Such indefinite appointments shall be
made from the Commission's registers of
eligibles unless there are insufficient
available eligibles. The Commission
may restrict certification for indefinite
appointment to eligibles that are im-
mediately available because of residence
or other conditions. The first year of
service under an indefinite appointment
shall be a trial period similar to the pro-
bationary period established by ? 2.113
of this part. Persons given such ap-
pointments do not thereby acquire a per-
manent civil service status. The ap-
pointment of any person serving under
a temporary appointment pending es-
tablishment of -a register, a war service
appointment, or an emergency-indefinite
appointment on December 1, 1950, is
hereby converted to an indefinite ap-
pointment under this section. Service in
such conversion shall be counted toward
completion of the required one-year trial
period.
(b) Special requirements when ap-
pointments are made in absence of eligi-
bles. Whenever there are insufficient
available eligibles on registers, in making
appointments under this section agen-
point veterans and second to 5-point vet-
erans; and (2) obtain a decision from
the Commission whenever it is neces-
sary to determine whether any applicant
is disqualified because of physical unfit-
ness.
(c) Within-grade s a l a r y step-in-
creases. Persons serving under indefi-
nite appointment in positions within the
scope of the compensation schedules of
the Classification Act of 1949 are eligible
for periodic step-increases and additional
step-increases as rewards. for superior
accomplishment in accordance with
Subpart A of Part 25 of this chapter.
(R. S. 1753, sec. 2, 22 Stat. 403; 5 U. S. C. 631,
633)
STATUS
Subpart A-Regulations Under Civil
Service Rule III is hereby suspended.
(R. S. 1753, sec. 2, 22 Stat. 403; 5 U. S. 0631,
633)
PART 7-APPOINTMENT OF EMPLOYEES OF
OTHER AGENCIES WITHOUT REEMPLOY-
MENT RIGHTS AND OF FORMER FEDERAL
EMPLOYEES -
1. The headnote of Part 7 is amended
to read as set out above.
2. Sections 7.101 to 7.104 are hereby
suspended.
3. A new ? 7.105 is added as set out
below.
? 7.105 Agency authority and general
requirements. (a) After September 1,
1950, the employment noncompetitively
of employees of other agencies without
reemployment rights and of former Fed-
eral employees shall be by indefinite
appointment only. The Commission
hereby delegates authority to agencies
to make such indefinite appointments
subject to the following conditions:
(1) Any former Federal employee
having a competitive status may be ap-
pointed in any agency.
(2) Any employee having a competi-
tive status who seeks employment in
another agency, but has not been
granted a release with reemployment
rights by the agency in which employed,
may be appointed in any agency.
(3) Any former Federal employee
without competitive status may be ap-
pointed in an agency program desig-
nated by the Bureau of the Budget to
be related directly to national defense,
provided his former employment was
under an indefinite appointment during
Approved For Release 2001/11/01 : CIA-RDP78-03578A000400050033-8
 Approved Fo4wase 2001/11/01 : CIA-RDP78-0357#400050033-8
7748
which he obtained such specialized ex-
perience as is needed to perform the
duties of the position to which his
'appointment is proposed: Provided, That
in making such appointments agencies
shall give preference first to 10-point
veterans and second to 5-point veterans.
(4) In giving indefinite appointment
to a person having competitive status the
agency may make such appointment in
lieu of reinstatement, thereby bringing
such person within the provisions of the
Civil Service Retirement Act.
(5) The standards of the Commission
must be met and the promotion restric-
tions of ? 8.109 of this chapter observed.
(6) The Commission may disapprove
any such indefinite appointment, or
suspend or withdraw this authority
whenever, a f4er post-audit, it finds that
the regulations in this section have not
been followed.
(7) The trial period for persons ap-
pointed under this section shall be a
complete one-year period. A trial period
shall not be required for persons who
have previously served a probationary
period or a trial period of one year.
(8) Persons given such indefinite ap-
pointments do not thereby acquire a
permanent civil service status. Persons
serving under such appointments- are
eligible for within-grade salary step-in-
creases in the same manner as provided
in ? 2.115 (c) of this chapter.
(R. S. 1753, sec. 2, 22 Stat. 403; 5 U. S. C.
631,633)
PART 8-PROMOTION, DEMOTION, AND
REASSIGNMENT AND MOVEMENT OF EM-
PLOYEES BETWEEN AGENCIES WITH RE-
EMPLOYMENT RIGHTS
1. The headnote of Part 8 is amended
to read as set out above.
2. Sections 8.101 to 8.106 are hereby
suspended.
3. New sections 8.107 to 8.115 are added
as set out below.
? 8.107 Promotions, demotions, reas-
signments on an indefinite basis. (a)
All promotions after September 1, 1950,
and all demotions on and after December
1, 1950, shall be designated as indefinite
rather than permanent actions; and on
and after December 1, 1950, any reas-
signment may, in the discretion of the
head of the agency, be either on a per-
manent or indefinite basis: Provided,
That the demotion or reassignment of
a permanent employee shall not be desig-
nated as an indefinite action when the
demotion or reassignment is to the posi-
tion he last held on a permanent basis
or to one of lower grade (or level) than
such position.
? 8.108 Agency authority for promo-
tion, demotion, or reassignment. (a)
The Commission hereby delegates
authority to agencies to promote, demote,
or reassign any employee in accordance
with standards of the Commission.
(b) The Commission may disapprove
any promotion, demotion, or reassign-
ment, or suspend or withdraw this
authority whenever, after postaudit, it
finds that the regulations in this part
have not been followed.
? 8.109 Restrictions on promotions.
Oil and after December 1, 1950, an
RULES AND REGULATIONS,
employee serving in a position in grade
GS-5 or a comparable or higher level
must have served six months in his
present grade or level before being pro-
moted to a higher grade or level; and no
employee may be given, at any one time,
a promotion of more than two grades if
he is being advanced from any grade be-
low GS-10 (or equivalent), nor more
than one grade if the promotion is from
a GS-10 (or equivalent) or higher grade
position. Approval must be obtained
from the Commission whenever it is
desired to make an exception to the
requirements of this section.
? 8.110 Status unchanged. (a) The
promotion, demotion, or reassignment of
a permanent employee shall not change
his status as a permanent employee` of
the agency. At the time he leaves his'
permanent position the agency shall
record in his Official Personnel Folder
sufficient information to identify clearly
the position he last held on a permanent
basis.
(b) The promotion or reassignment of
any employee who has not completed the
probationary or trial period shall be sub-
ject to completion of such period.
(c) Any permanent employee of the
agency who is separated by reduction in
force from the position to which he was
given an indefinite promotion, demotion,
or reassignment shall, unless he is placed
in a higher grade position than the one
last occupied on a permanent basis, be
considered as restored to the position he
last held on a permanent basis and shall
compete for retention at that level under
Part 20 of this chapter.
? 8.111 Demotions necessary to place
returning veterans. When a demotion
or separation is necessary to make a
position available for a former employee
entitled to restoration after service in
the armed forces, agencies shall make
such demotion or separation in accord-
ance with Part 20 of this chapter.
? 8.112 Promotion of substitutes in
the Postal Service. Substitutes shall be
promoted to the first vacancies occurring
in regular positions in the order of their
original appointment, whenever there
are substitutes of the required sex who
are eligible and will accept, unless such
vacancies are filled by promotion,,or by
.indefinite appointment of persons with
competitive status under Part 7 of this
chapter. Whenever two or more substi-
tutes are appointed on the same day the
order of promotion shall be the order in
which their names appeared on the civil-
service register from which they were
originally appointed.
? 8.113 Movement of employees be-
tween organizational units. (a) After
out a break in service of employees of
other agencies shall be by indefinite
appointment rather than by transfer.
The movement of employees from one
organizational unit to another in con-
nection with a transfer of functions, how-
ever, shall be without change in
employment status.
? 8.114 Release with reemployment
rights. (a) It shall be the responsibility
of the agency to determine whether its
employees may be released with reem-
ployment rights for employment in an-
other agency. Whenever it determines
that under standards issued by the
Commission, the release of an employee
will be in the interest of the defense pro-
gram, the agency shall release such em-
ployee with reemployment rights. A
permanent employee shall be eligible for
release with reemployment rights unless
he has received, or is about to receive,
a reduction-in-force notice. A perma-
nent employee who has been released
with reemployment rights for indefinite
appointment in his present agency shall
be eligible for further release with reem-
ployment rights in the agency from
which he was originally released.
(b) Whenever an agency refuses to
release an employee with reemployment
rights, the agency desiring his services
may appeal to the Commission. Final
decision as to whether the employee shall
be released with reemployment rights
shall then be made by the Commission.
(c) Any employee released with re-
employment rights who is subsequently
involuntarily separated, without cause
such as would reflect on his suitability
for reemployment, shall be reemployed,
with the status of a permanent employee,
within thirty days Of his application, by
the agency from which he was originally
released, in the occupational field and
at the same grade or level and in the
same geographical area as the position
which he last held on a permanent
basis: Provided, That if his reemploy-
ment would cause the separation or de-
motion of another employee he shall
then be considered an employee for the
purpose of applying Retention Prefer-
ence Regulations to determine what if
any position he is entitled to: Provided
further, That upon reemployment in the
Postal Service he shall be given the
seniority he. would have attained had
he not been released. In order to be
entitled to reemployment rights the em-
ployee must make application for reem-
ployment within forty days after his
separation.
This section is effective upon publica-
tion in the FEDERAL REGISTER.
? 8.115- Appointment of employees
released with reemployment rights. (a)
The Commission hereby delegates au-
thority to agencies to give indefinite ap-
pointments to employees who have been
released with reemployment rights by
the agency in which employed: Pro-
vided, The standards of the Commission
are met and the promotion restrictions
of ? 8.109 of this part are observed.
regulations in this section have not been
followed.
(c) Persons appointed under this sec-
tion shall not be required to serve a trial
period. However, the appointments of
such persons who have not completed
the probationary period shall be subject
to completion of such period.
(d) Persons serving under such ap-
pointments are eligible for within-grade
salary steps in the same manner as pro-
vided in ? 2.115 (c) of this chapter.
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 Approved Fuse 2001/11/01: CIA-RDP78-0357 400050033-8
Wednesday, November 15, 1950 FEDERAL REGISTER
This section is effective upon publica-
tion in the FEDERAL REGISTER.
(R. S. 1753, sec. 2, 22 Stat. 403; 5 U. S. C. 631.
633)
PART 9-SEPARATIONS, SUSPENSIONS AND
DEMOTIONS
1. The headnote of ? 9.102 is amended
to read as follows:
? 9.102 Procedure in separating, sus-
pending or demoting permanent and in-
deflnite employees.
2. In the first sentence of ? 9.102 (a)
the word "indefinite" is substituted for
the words "war service indefinite."
'(R. S. 1753, sec. 2, 22 Stat. 403; 5 U. S. C. 631,
633)
PART 10-SPECIAL TRANSITIONAL
PROCEDURES
Part 10 is hereby revoked..
(R. S. 1753, sec. 2, 22 Stat. 403; 5 U. S. C. 631,
633)
A new Part 11 is added as follows:
PART 11-PERMANENT READJUSTMENTS IN
PERSONNEL
See.
11.1 Separations, demotions and reductions
in rank or compensation.
11.2 Consideration of veterans for perma-
nent promotion.
AuTHosrry: ?? 11.1 to 11.2 issued under
R. S. 1753, sec. 2, 22 Stat. 403; 5 U. S. C. 631,
633.
? 11.1 Separations, demotions, and
reductions in rank or compensation.
When an agency, following authoriza-
tion by.the Commission, makes perma-
nent readjustments in personnel:
(a) The separation, demotion, or re-
duction in rank or compensation of any
employee serving under an indefinite
appointment made in accordance with
?? 2.115, 7.105, and 8.115 of this chapter
will be considered as having been made
on order of the Commission and will not
be subject to the requirements of Parts
9 and 22 of this chapter.
(b) Any change downward in the rank
or compensation of a permanent em-
ployee of the agency from a position
held on an indefinite basis will be con-
sidered as having been made on order of
the Commission and will not be subject
to the requirements of Parts 9 and 22 of
this chapter. However, any such change
downward below the employee's perma-
nent rank or level must be made in ac-
cordance with Parts 9 and 22 of this
chapter,
? 11.2 Consideration of veterans for
permanent promotion. When perma-
nent readjustments in personnel are au-
thorized by the Commission:
(a) Full consideration shall be given
to all qualified permanent employees of
the agency in making selections for
permanent promotions. Any employee
still absent in the armed forces at this
time shall be given the same considera-
tion as the employees who are present in
the agency, and the agency shall record
in his official Personnel Folder what
consideration for promotion was given to
him.
(b) Each agency shall establish a
committee or committees to review the
selections made for promotion to assure
that full consideration is given to the
qualifications of permanent employees
who have been restored, or who are en-
titled to be restored, to duty in the
agency after service in the armed forces.
Such committees shall make reports and
recommendations to the head of the
agency with respect to the consideration
given to the promotion of such em-
ployees.
PART 20-RETENTION PREFERENCE REGULA-
TIONS FOR USE IN REDUCTIONS IN FORCE
1. Section 20.3 is amended to read as
follows:
? 20.3 Retention preference; classi-
fication. For the purpose of determin-
ing the relative rights to retention in
the service in reductions in force,
employees shall be classified in major
groups PA, TA, X, Y, B, and C, according
to tenure of employment, and by sub-
groups 1, 2, 3, and 4 on the basis of vet-
eran preference and performance ratings
as set out below. The subgroups under
each major tenure group are:
Subgroup 1. With veteran preference
unless performance rating is less than "Sat-
isfactory."
Subgroup 2. Without veteran preference
unless performance rating is less than "Sat-
isfactory." .
Subgroup 3. With veteran preference
where performance rating is less than "Sat-
isfactory."
Subgroup 4. Without veteran preference
where performance rating is less than "Sat-
isfactory."
Group PA. All employees currently serv-
ing under absolute or probational appoint-
ments in positions held by the employee on
a permanent basis, including preference eli-
gibles in excepted positions under appoint-
ments without time limitation.
Special subgroup PA-i Plus. During one-
year period after restoration, as required by
law (Section 8, 54 Stat. 890; section 9, 62
Stat. 614; 50 U. S. C. App. 308, 459).
Group TA. All employees with permanent
tenure serving under an indefinite promo-
tion, demotion or reassignment.
Group X. All employees with competitive
status serving under indefinite appoint-
ments which were made after September 1,
1950 with no break in service of more than
thirty days.
Group Y. Each employee eligible to ac-
quire competitive status under authority of
Executive Order 10084 or Executive Order
10457 until (1) it is determined that he
will not be recommended by the agency for
competitive status, (2) the time limit for
recommending status is past, or (3) the
recommended status is disapproved by the
Commission.
Group B. All employees in positions in the
competitive service without competitive
status under appointments without time
limitations; all employees in competitive or
excepted positions serving under appoint-
ments with time limitations, except those
specifically covered in groups TA, X, and C.
Group C. All employees in the competitive
service serving under appointments with
definite time limitations imposed in accord.
ance with ? 2.114 of this chapter, -or in ac-
cordance with specific authority of the
Commission; all employees in the excepted
service with definite time limitations of one
year or less.
2. Paragraph (a) of ? 20.6 is amended
to read as set out below. As amended,
? 20.6 reads as follows:
? 20.6 Special regulations relating to
consolidations and mergers. (a) Before
any reduction in force is made in con-
nection with the transfer of any or all
of the functions of an agency to another
continuing agency, all preference eligi-
bles and all employees serving with per-
manent tenure in positions identified
with such function shall be transferred
to such continuing agency, without
change in tenure of employment.
(b) Employees whose positions are
identified with functions transferred
solely for the purpose of liquidation
shall not be entitled to the reassignment
benefits of ? 20.9 in the receiving agency,
.unless identified with operating func-
tions which are specifically authorized at
the time_lf transfer to continue in oper-
ation for a period of more than sixty
days.
3. Paragraphs (c) and (d) of ? 20.7
are redesignated as paragraphs (d) and
(e) and a new paragraph (c) is added
as set out below. As amended, ? 20.7
reads as follows:
? 20.7 Retention register-(a) Com-
pilation. A retention register shall be
compiled for each competitive level af-
fected by the reduction in personnel,
from records brought up to a current
basis. Such register shall include all
employees whose official positions are in
the competitive level excluding there-
from only those who are serving in the
armed forces of the United States or in
the merchant marine, with reemploy-
ment rights.
(b) Separation of registers. Separate
competitive levels shall be established
for employees in positions in the com-
petitive service, employees in excepted
positions, seasonal employees, employees
serving on ?a when-actually-employed
,(WAE) basis, and part-time employees.
(c) Employees serving under intra-
agency indefinite personnel actions.
Whenever retention preference regula-
t}'ons are applied any permanent em-
ployee in a position to which he has
been given an indefinite promotion, de-
motion, or reassignment shall be con-
sidered in competition with only those
permanent employees who also have
been given indefinite promotions, demo-
tions, or reassignments, except that in
being considered for separation or de-
motion from his permanent position or
grade he shall be in competition with
all competing permanent employees.
(d) Order of standing. Retention
registers shall be arranged in the order
of tenure groups and by sequence ac-
cording to retention credits within sub-
groups reflecting higher retention
standing for those having a higher num-
ber of retention credits. Retention
credits need not be computed or indi-
cated on the register for employees in
subgroups not affected by the reduction,
in subgroups from which all employees
are to be separated, or in retention
group C.
(e) Availability for inspection. Re-
tention registers reflecting the required
order of standing shall be open for in-
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RULES AND REGULATIONS
spection by employees reached for action
by reduction in force and by representa-
tives of the Civil Service Commission.
4. In paragraph (a) of ? 20.8 the ref-
erence to groups "A and B" is changed to
"PA, TA, X, Y, and B," and in paragraph
'(b) of the same section "A or B" is
changed to "PA, TA, X, Y, or B." As
amended, ? 20.8 reads as follows:
? 20.8 Sequence of selection-(a) Ac-
tions. Within each competitive level
action must be taken to eliminate all em-
ployees in lower subgroups before a
higher subgroup is reached, and within
each subgroup of retention groups PA,
TA, X, Y, and B action must be taken
concerning all employees with a lower
number of retention credits before an
employee with a higher number of re-
tention credits :is reached, except as pro-
vided in paragraph (c) of this section.
(b) Breaking ties. Whenever two or
more employees are tied as to total re-
tention credits in retention group PA,
TA, X, Y, or El the tie shall be broken
first by considering 1lf years of service
in excess of total full years for which
retention credits were granted. If a tie
still exists it shall be broken by admin-
istrative decision, which may take into
account such factors as official conduct,
efficiency, number of dependents, length
of service, or fitness for the job.
(c) Exceptions. An exception to the
regular order of selection may be made
only when the employee to be retained is
engaged on necessary duties which can-
not be taken over, without undue inter-
ruption to the activity, by any employee
with higher standing on the retention
register who is reached for action. In
all such cases, each employee affected
adversely by the exception must be noti-
fied of the reasons, and of his right to
appeal to the Civil Service Commission
for a review of such reasons.
5. Subparagraphs (1), (2), and (3) of
? 20.9 (b) are revoked and new subpara-
graphs (1) and (2) are added as set out
below. As amended, ? 20.9 reads as
follows:
? 20.9 Actions-(a) In general. Em-
ployees who cannot be retained in their
positions because of a reduction in force
shall be reassigned to continuing posi-
tions, furloughled, or separated. Fur-
loughs shall not extend beyond the term
of appointment and shall in no case ex-
ceed 1 year from the date of notice,
(b) Reassignments to continuing posi-
tions in local commuting area. Reas-
signment is required in lieu of separation
or furlough, within the local commuting
area, without interruption to pay status
whenever possible, to an available posi-
tion for which the employee is fully
qualified, unless a reasonable offer of
reassignment is refused. No displace-
merit will be required to permit the
reassignment of an employee unless such
employee is fully qualified to perform the
duties of the position in question without
undue interruption to the work program.
Subject to these conditions, reassignment
is required in each of the following cases:,
(1) To a lower retention group or sub-
group. Any employee with competitive
status in the competitive service in group
PA or TA, if there is a position in the
competitive service held by an employee
in a lower retention group or subgroup;
any employee in group X or Y in a posi-
tion in the competitive service, if there
is a position in the competitive service
held by an employee in a lower retention
group or subgroup; and any employee in
subgroup B-1, in a position in the com-
petitive service, if there is a competitive
service position held by an employee in
a lower retention group or subgroup.
(2) Within same subgr4Wp. Any em-
ployee with competitive status in the
competitive service in subgroup PA-1 or
PA-2, if there is a competitive service po-
sition, the same as the position from
which he had been promoted on a per-
manent basis within the same competi-
tive area (installation in the field service)
held by an employee in the same sub-
group with fewer retention credits.
(c) Reasonable offer of reassignment.
An offer of reassignment must be to a
specific position which is expected to
continue at least three months. Any
offer of reassignment is reasonable if
accepted by the employee as reasonable
with knowledge of the facts. An offer of
reassignment which is not acceptable to
the employee will not be considered as
reasonable if it involves a reduction in
rank or compensation when a reassign-
ment under the foregoing provisions
could be made without reduction in rank
or compensation.
6. Section 20.11 is amended to read as
follows:
? 20.11 Reappointment priority-(a)
Reappointment r e s e r v e list. Each
agency shall establish and maintain a
reappointment reserve list for each com-
petitive area where career employees in
subgroups PA-1 and PA-2 are separated
in reductions in force. Each employee
in subgroup PA-1 or PA-2 with competi-
tive status who has been separated from
a position in the competitive service on
the basis of a notice as provided in ? 20.10
shall have his name entered on the reap-
pointment reserve list for all positions in
the competitive area for which he is
qualified and available and continued on
such list for a period of one year from the
date of such notice, except that his
name may be deleted from such list upon
his signed written request, upon his ac-
ceptance of a position in any Federal
agency, or if he declines reappointment
to a position in the competitive service
equivalent in grade and salary to the
position from which separated.
Any employee separated on or after
September 30, 1949, who has acquired a
competitive status under the authority
of Executive Order 10080, shall be en-
entered upon the appropriate reappoint-
tion of the one-year period following the
date of tIle notice under which he was
separated. The same provision is ap-
(b) Restriction in filling positions.
No position in the competitive service,
for which there is a qualified person
available on the reappointment reserve
list, may be filled by apointment' of an
employee of a different agency, or by the
new appointment of any person except a
qualified 10-point preference eligible.
Furthermore, no such position may be
filled by the reappointment of a person
who is not on the reappointment reserve
list, unless such person is a preference
eligible. These restrictions shall not
apply if all qualified persons on the re-
appointment reserve list decline, or fail
to respond to, offers of reappointment to
the position. In selections for reappoint-
ment from such reserve lists, qualified
preference eligibles shall have prefer-
ence. Exceptions to these provisions may
be made for reasons which promote the
efficiency of the service: Provided, That
each person who is not selected as a
result of such exception shall be given
a written statement of the reasons which
promote the efficiency of the service, with
an opportunity to answer and to have
a written decision on the answer, and to
appeal such decision to the Civil Service
Commission.
(c) Appeals. Any former employee
entitled to reappointment priority under
the foregoing provisions may appeal to
the Civil Service Commission by pre-
senting factual information that he was
denied reappointment by the appoint-
ment of another person in violation of
these provisions, or that the reasons for
an adverse exception were not such as
would promote the efficiency of the serv-
ice.
(Secs. 11, 19, 58 Stat. 390, 391; 5 U. S. C. 860,
868. Interprets or applies sec. 8, 54 Stat. 890,
sec. 9, 62 Stat. 614; 50 U. S. C. App. 308, Sup.,
459)
PART 22-APPEALS OF PREFERENCE ELI-
GIBLES UNDER THE VETERANS' PREFERENCE
ACT of 1944
In subparagraph (1) of ? 22.1 (a) the
words "War Service" occurring in the
first sentence are deleted. As amended,
subparagraph (1) will read as follows:
? 22.1 Applicability of regulations-
(a) Coverage * * *
(1) Employees covered. Employees
affected are permanent and indefinite
preference eligible employees who have
completed a probationary or trial period
in positions under the Civil Service rules
or regulations, or one year of current
continuous employment in positions ex-
cepted from the competitive service, in
the service of any establishment, agency,
bureau, administration, project or de-
partment created by acts of Congress or
Presidential order or in the service of the
to any position required to be confirmed
by, or made with, the advice and consent
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Wednesday, November 15, 19 0 FEDERAL REGISTER
PART 35-RESTORATION OF FEDERAL Em-.
PLOYEES PURSUANT TO THE SELECTIVE
SERVICE ACT OF 1948
1. Section 35.1 is amended by the addi-
tion of a sentence at the end thereof. As
amended, the section reads as follows:
? 35.1 Coverage. The regulations in
this part will apply to any person who'
leaves or has left a position other than
a temporary position in the executive
branch of the Federal or the District of
Columbia government subsequent to
June 24, 1948, the effective date of the
-Selective Service Act of 1948, to enter on
active duty with the armed forces of the
United States. The regulations in this
part will likewise apply to all employees
with permanent tenure serving under
an indefinite promotion or reassignment.
2. Section 35.3 is amended to read as
follows:
? 35.3 Job classification and job iden-
tity requirements-(a) All positions sub-
ject to the provisions of the Classifica4p
tion Act of 1949 (Departmental and
Field). It shall be the responsibility
of the head of the agency concerned, or
his designee, to determine whether the
job classification sheet for the position
which the employee leaves is current
and actually reflects the duties per-
formed by him. In the event the job
classification sheet does not accurately
reflect the duties and responsibilities
of the employee entering on military
-duty, the agency shall rewrite the job
classification sheet to conform there-
with and if there is sufficient time
for complying with legal and regulatory
requirements, have the position allo-
cated to its proper service, class and
grade, and take official personnel action
to place the employee in that position,
effective not later than the date of his
separation. Each employee leaving for
military duty shall be given a job de-
scription shpwing his current duties and
responsibilities and the service, class,
and grade to which his position has been
allocated,' and a record of these actions
shall be entered in the employee's Of
ficial Personnel Folder. In the case of
an employee with permanent tenure
serving under an indefinite promotion or
reassignment, the agency shall record in
the employee's Official Personnel Folder
sufficient information to identify his
current position, and shall furnish the
employee a description of the duties
and responsibilities of his last permanent
position.
If the position of an employee while
absent on military duty is reallocated
upward an official personnel action shall
be taken placing him in the position that
has been reallocated, unless it is clearly
shown that he is not qualified for the
position. If the position is reallocated
downward during his absence no person-
nel action shall be taken until he returns
and is restored, at which time the down-
grading will be processed under section
14 of the Veter'ans' Preference Act of
1944, as amended.
(b) All positions not subject to the
provisions of the Classification Act of
1949. It shall be the responsibility of,
the head of the agency concerned or his
designee to identify positively the posi-
tion which an employee leaves by title,
grade, salary, organizational location,
and, if necessary, for positive identifi-
cation by position description. Each
employee entering on military duty shall
be given a statement positively identify-
ing the position which he is leaving. A
copy of this statement shall Pe placed in
the employee's Official Personnel Folder.
In the case of an employee with perma-
nent tenure serving under an indefinite
promotion or reassignment, the agency
shall record in the employee's Official
Personnel Folder sufficient information
to identify his current position, and
shall furnish the employee a description
of the duties and responsibilities of his
last permanent position. .
3. Section 35.4 is amended to read as
follows:
? 35.4 Promotions. During the period
when all promotions. are being desig-
nated as indefinite, permanent employ-
ees absent on military duty may be con-
sidered for indefinite promotions. When
an agency, following authorization by
the Commission, makes permanent re-
adjustments in personnel, any employee
absent on military duty shall be given
the same consideration for permanent
promotion as the employees who are
serving in the agency at that time.
Thereafter he shall be considered for
any and all promotions or other person-
nel actions for which he would normally
have been considered had he not been
absent on military duty. Agencies will
be held responsible for maintaining ade-
quate records to assure such considera-
tion during the time he is absent. Any
such promotion shall be effected as of
the date it would have been made not-
withstanding the absence for military
duty.
4. Section 35.7 is amended to read as
follows :
? 35.7 Restoration cgfter service in the
armed forces. (a) Any permanent em-
ployee in the service of the United States,
its territories, or possessions, or political
subdivisions thereof, or, of the District
of Columbia, who leaves such service for
induction into the armed forces of the
United States subsequent to June 24,
1948, and (1) receives a, certificate of
satisfactory completion of training and
service, and (2)- makes application for
reemployment within ninety days after
he is relieved from duty in the armed
forces or from hospitalization continu-
ing after discharge for not more than one
year, shall, if qualified, be restored to
employment as follows: '
(1) If the position he left was one to
v,hich he had been temporarily promoted,
a *final date for termination of indefinite
promotions has not been set, and the
position or one of equal seniority, status,
and pay is vacant or occupied by an
employee who is not a permanent em-
ployee of the agency, he shall be tempo-
rarily restored to such position. If there
are no such positions except those occu-
pied by permanent employees, the re-
turning employee shall be temporarily
restored to such a position only if the
permanent employee (i) is occupying the
position through an indefinite promotion
and (ii) would have less retention rights
under retention preference regulations
in competition with the returning em-
ployee and others in the same competi-
tive level.
(2) If the position he left was one to
which he had been temporarily pro-
moted, and a final date for termination
of indefinite promotions has not been
set, but he is not entitled to restoration
to such position or one of equal seniority,
status, and pay under subparagraph (1)
of this paragraph, he shall be tempo-
rarily restored in any other position in
which he had served through indefinite
promotion, or one of equal seniority,
status, and pay: Provided, Such position
is vacant, or is occupied by an employee
who is not a permanent employee of the
agency, or is filled by indefinite promo-
tion of a permanent employee who would
have less retention rights under reten-
tion preference regulations in competi-
tion with the returning employee and
others in the same competitive level.
(3) If the employee left a permanent
position subsequent to June 24, 1948 and
prior to September 2, 1950 and is not
entitled to restoration to any position
higher than his permanent position
under subparagraph (1) or (2) -of this
paragraph, he shall be restored to,(i) the
position to which he was promoted or
would have been promoted had he
remained continuously in his, civilian
employment during such dates, or (ii) to
his permanent position, if it exists, or
if it does not exist, to a position of like
seniority, status, and pay.
(4) A restoration to a position based on
the employee's indefinite promotion
shall not cause such indefinite promo-
tion to extend beyond the date it would
otherwise be terminated.
(5) If because of disability sustained
during service in the armed forces the
returning employee is not qualified to
perform the duties of the position to
which he is entitled to restoration, but
is qualified to perform the duties of any
other position in the agency, he shall be
restored to such other position in such a
way as to provide him like seniority,
status, and pay, or the nearest approxi-
mation thereof consistent with the cir-
cumstances in his case. .
(b) Any permanent employee who,
subsequent to June 24, 1948, leaves the
service to enlist in the armed forces of
the United States for not more than three
years shall, if such enlistment is his first
enlistment after June 24, 1948, be
entitled upon the expiration of this
enlistment or honorable discharge prior
thereto (including any extension there-
of by law, but not including any volun-
tary extension), to all the reemployment
rights and benefits as in the case of
inductees in paragraph (a) of this
section.
(c) Any permanent employee who,
subsequent to June 24, 1948, is ordered
or called to active duty in the armed
forces of the United States, or the Public
Health Service shall, if relieved from
active duty not later than three years
after the date of entrance thereon or as
soon thereafter as he is able to obtain
his' release, be entitled to all the reem-
ploymentrights and benefits as in the
case of inductees in paragraph (a) of
this section.
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RULES AND REGULATIONS
(d) If upon appeal of any person, the
Commission finds that (1) his agency is,
no longer in existence and its functions
have not been transferred; or (2) for
any reason it is not feasible for the per-
son to be restored by his employing
agency or by the District of Colum-
bia, the Commission shall determine
whether there is a position in any other
agency in tl)e executive branch of the
Government or in the Government of
the District of Columbia for which he is
qualified and which is vacant or held by
an indefinite employee. When it is so
determined, he shall be restored to such
position as directed by the Commission.
(e) In case two or more persons are
entitled to be restored to the same posi-
tion, under subparagraph (1) or (2) of
paragraph (a) of this section, the per-
son who would have the greater retention
:preference in such position shall have
the prior right to be assigned thereto.
The second person shall be assigned to
a comparable position of like seniority,
status, and pay for which he is qualified:
Provided, That if such assignment would
cause the separation or demotion of an-
other employee, the returning employee
shall be presumed to be an employee and
retention preference regulations shall
'then be applied to determine to what if
any position he is entitled. If such as-
signment is impossible, the second vet-
eran should be offered restoration to the
:next best available position under the
same procedure.
(f) In case two or more persons are
entitled to be restored to the same posi-
tion under subparagraph (3) of para-
graph (a) of this section, the person who
left such position first shall have the
prior right to be restored thereto. The
:second person shall be assigned to a
comparable position of like seniority,
Status, and pay for which he is qualified,
provided there is such a position not
occupied by an employee with equal or
greater retention preference. If such an
:assignment. is impossible, the second vet-
eran should be offered restoration to the
next best available position.
(Sec. 9, 62 Stat. 614; 50 U. S. C. Sup., 459)
UNITED STATES CIVIL SERV-
ICE COMMISSION,
[SEAL] HARRY B. MITCHELL,
Chairman.
[F. R. Doe. 50-10354; Filed, Nov. 14, 1950;
11:15 a. m.]
PART 6-EXCEPTIONS FROM THE
COMPETITIVE SERVICE
DEFENSE TRANSPORTATION ADMINISTRATION
AND INTERIOR DEPARTMENT
1. Under authority of ? 6.1 (a) of Ex-
ecutive Order 9830, the Commission has
approved the exception from the com-
petitive service of one private secretary
or confidential assistant to the Adminis-
trator of the Defense Transport Admin-
istration. Effective upon publication in
the FEDERAL REGISTER, a new ? 6.154 is
added as follows:
? 6.154 Defense Transport Adminis-
tration. (a) One private secretary or
confidential assistant to the Adminis-
trator.
2. Under authority of ? 6.1 (a) of Ex-
ecutive Order 9830, paragraph (a) of
16.201 is amended to read as set out
below, effective upon publication in the
FEDERAL REGISTER.
? 6.201 Interior Department. (a)
NC/PD. Any competitive position at an
Indian school when filled by the spouse
of a competitive employee of the school,
when because of isolation or lack of
quarters, the Commission deems ap-
pointment through competitive exami-
nation impracticable.
(R. S. 1753, sec. 2, 22 Stat. 403; 5 U. S. C. 631,
633; E. 0. 9830, Feb. 24, 1947, 12 F. R. 1259; 3
CFR, 1947 Supp. E. O. 9973, June 28, 1948,
13 F. R. 3600; 3 CFR, 1948 Supp.)
UNITED STATES CIVIL SERV-
ICE COMMISSION,
[SEAL] HARRY B. MITCHELL,
Chairman.
[F. R. Doc. 50-10219; Filed, Nov. 14, 1950;
8:48 a. m. ]
TITLE 6-AGRICULTURAL CREDIT
Chapter IV-Production and Market-
ing Administration and Commodity
Credit Corporation, Department of
Agriculture
Subchapter B-Export and Diversion Programs
PART 518-FRUITS AND BERRIES, DRIED AND
PROCESSED
SUBPART-CITRUS FRUIT EXPORT PROGRAM
RMX 135a
Sec.
518.271 General statement.
518.272 Approved countries.
518.273 Rates of payment.
518.274 Eligibility for payment.
518.275 Claims supported by evidence of
compliance.
518.276 Records and accounts.
518.277 Amendment and term?nation.
518.278 Persons not eligible. -
518.279 Set-off.
518.280 Assignment.
518.281 Definitions.
AuTHOarrY: ?? 518.271 to '518.281 rssued
under sec. 32, 49 Stat. 774, as amended; Sec.
112, 62 Stat. 146; 7 U. S. C. and Sup., 612c,
22 U. S. C. Sup., 1510.
? 518.271 General statement. (a) In
order to encourage the exportation of
fresh and processed oranges and grape-
fruit produced in the United States, the
Secretary of Agriculture, pursuant to the
authority conferred by section 32 of
Public Law 320, 74th Congress, as
amended, and section 112 (f) of the
Foreign Assistance Act of 1948, offers to
make payments to U. S. exporters of the
products listed in paragraph (b) of this
section which are sold for export to an
approved country as designated in
? 518.272 hereof, subject to the terms and
conditions hereinafter set forth.
(b) Payments under this offer will be
limited to the following products:
Packed fresh oranges and grapefruit;
canned concentrated orange juice and
grapefruit juice, and blended orange and
grapefruit juice; canned grapefruit sec-
tions; and mixed orange and grapefruit
sections (for salad) ; all produced in the
United States.
(c) Information pertaining to this
offer and forms prescribed for use there-
under may be obtained from the fol-
lowing representatives of the Secretary:
M. T. Coogan, Fruit and Vegetable Branch,
PMA, U. S. Department of Agriculture, 1206
Santee Street, 12th Floor, Los Angeles 15,
Calif.
M. F. Miller, Fruit and Vegetable Branch,
PMA, U. S. Department of Agriculture, P. O.
Box 19, Lakeland, Fla.
Sherman L. Pobst, Fruit and Vegetable
Branch, PMA, U. S. Department of Agricul-
ture, Room 53b, U. S. Terminal Annex, Dallas
2, Tex.
F. N. Andary, Fruit and Vegetable Branch,
PMA, U. S. Department of Agriculture, Wash-
ington 25, D. C.
? 518.272 Approved countries: An
approved country shall be any country,
territory, or-dependent area specifically
named in this section.
Austria. Luxembourg.
Belgium. Malaya, Federation
Denmark. of.
France. Netherlands, The
Germany, Federal Norway.
Republic of (Tri- Philippines, The Re-
zone). public of the.
Ilong Kong. Singapore.
Iceland. Sweden.
Indonesia, The Re- Switzerland.
public of. United Kingdom.
Ireland.
? 518.273 Rates of payment. The
rate of payment shall be fifty (50) per-
cent of the export sales price, computed
before the deduction of such payment,
basis free alongside ship United States
port: Provided, however, That such pay-
ment shall not be in excess of fifty (50)
percent of the domestic market pride at
the time of sale and place of delivery,
as determined by the Secretary: And
provided further, That the place of de-
livery, for the purpose of determining
the domestic market price at the time of
sale, shall be a United States port of
export which is on the seaboard nearest
the area of production from which the
fruit originates. Such payment, how-
ever, shall not exceed the following:
$1.65 per 12/5 bushel box of California or
Arizona fresh oranges;
$1.50 per 1% bushel box of Texas fresh
oranges;
$1.25 per 13/5 bushel box of Florida fresh
oranges;
$1.00 per box of fresh grapefruit (12/5
bushel box or larger);
$1.45 per gallon can or its equivalent of
concentrated orange juice of 60' or more
Brix;
$1.15 per gallon can or its equivalent of
concentrated grapefruit juice of 55? or more
Brix;
$1.05 per case of 24 No. 2 cans of single-
strength orange juice;
$1.20 per case of 12 No. 3 cylinder cans, or
6 No. 10 cans, of single-strength orange juice;
$0.90 per case of 24 No. 2 cans of single-
strength grapefruit juice;
$1.05 per case of 12 No. 3 cylinder cans, or
6 No. 10 cans, of single-strength grapefruit
juice;
$1.00 per case of 24 No. 2 cans of blended
orange and grapefruit juice;
$1.15 per case of 12 No. 3 cylinder cans, or
6 No. 10 cans of blended orange and grape-
fruit juice, and
$1.30 per case of 24 No. 2 Gans of grapefruit
sections or mixed orange and grapefruit sec-
tions (for salad).
The total amount invoiced the foreign
buyer and the Secretary shall not exceed
the export sales price as described
herein. -
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 UNITED STATES CIVIL SERVICE COMMISSI . 0 1 N
WASHINGTON, D. C..
PRESS RELATIONS
Ext. 497, 6129 613
Room 155-A
Enclosed is a copy of the new regulations issued by the Civil
Service Commission under authority of Executive Order 10180 of
November 13, 1950, "Establishing Special Personnel Procedures in
the Interest of the National Defense." The regulations will appear
in the Federal Register November 15, 1950, on the sane day as the
text of the Executive order.
In the near futures new regulations and operating instructions
will be issued to the Federal agencies as Federal Personnel Manual
material, To be included in the Federal Personnel Manual transmittal
sheet are the following paragraphs which summarize the changes in
procedures under the new regulations,
UNITED STATES CIVIL SERVICE COMMISSION
(TORE )
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Indefinite Appointments
Appointments from outside an agency to positions not limited to one year
or less will be made as "indefinite appointments", except in a few specified
instances. Thus., indefinite appointments will generally be made instead of:
(1) Temporary appointments pending the establishment of a register.
(2) Probational appointments.
3) Appointments of temporary substitutes in the Post Office Service under
the former section 2.114(d).
(4) Emergency-indefinite appointments under the former sections 2.114 (h)
and (i).
() Reinstatements.
(6) Reappointments.
(7) Inter-agency transfers.
The words "reinstatement" and "transfer" will no longer be used as names
of personnel actions; they might give employees a misleading impression that
they have permanent tenure and as to whether they have reemployment rights in
their former agencies.
Original indefinite appointments will be made from the Commission's
registers of eligibles unless there are insufficient available eligibles,
In the latter case, the regular priority order will be followed,
Indefinite appointees under section 2.115 (original appointments) will
serve atrial period of one year. Indefinite appointees under Part 7 (without
reemployment rights) will be required to begin a new trial period unless:
(1) they have already completed a probationary period or a trial period of one
year; or (2) they acquired competitive status under an authority.(such as former
section 3.101 of the regulations) which did not require them to serve a proba-
tionary period. Indefinite appointees under Part 8 (with reemployment rights)
will be required to complete any probationary. period which they were serving in
their former agency.
After an indefinite appointee has completed any trial period required above,
his demotions suspension, or separation will be subject to appropriate require-
ments of Part 22 and sections 9,101 and 9.102 of the regulations,
Promotions, Reassignments, and Demotions
All promotions will be on an indefinite basis. Demotions.and reassignments
will be on an indefinite basis except (1) the demotion or reassignment of a
permanent employee to the position he last held on a permanent basis or to a
position of lower grade (or level) than such position and (2) any reassignment
which the agency determines should be made on a permanent basis. Generally
agencies may find it desirable to designate a reassignment as indefinite when
the position to be filled was vacated by an employee who is entitled to restora-
tion after service in the armed forces, reemployment after service in another
agency, or retreat rights upon termination of an indefinite promotion or rep-
assignment.
The designation of a position change as indefinite will not affect an em-
ployeets permanent status in the agency, Permanent-employees will not become
"indefi.fiite appointees" upon receiving such promotions, reassignments) and de-
motions, and will be in a higher retention group than indefinite appointees. They
will continue to enjoy the protection against demotions suspension, and separation
of Part 9 or Part 22 of the regulations, whichever is applicable. They will re-
main under the Civil Service Retirement Act.
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Permanent employees of an agency who receive indefinite promotions and
reassignments and later enter the armed forces will have regulatory restoration
rights to-the last position to which promoted or assigned on an indefinite
basis; or) if that is not possible) then to a position to which previously
promoted or assigned on such basis. If it is not possible to effect restora-
tion to a position held on an indefinite basis) the employee will be restored
to his last permanent position.
While indefinite promotions are being made, agencies may,-but are no longer
required to: consider absent employees for promotion. However, the new Part 11
protects the veteran in case he is not so considered during his absence.
Simplifications in Procedure for Indefinite Appointments
omo ions, Demotions, an Reassignments
There is no time limit within which indefinite appointments of former
Federal employees must be made after their separation from service. Also,
appointees and employees will not have to meet the apportionment and members-
of-family requirements. It will not be necessary for agencies to secure proof
of residence.
Retirement Coverage,
Persons given indefinite appointments under sections 2?115 and 7.105 (a)(1)
and (3) are not thereby covered by the provisions of the Civil Service Retire-
ment Act. (After January 1, 1951, many of these employees will be covered by
the national social security system,)
Persons given indefinite appointments in lieu of reinstatement under section
74105(a)(b) are thereby covered by the Civil Service Retirement Act, The re-
quirements and procedures for indefinite appointments in lieu of reinstatement
.will be the sa:r~e as for other indefinite appointments of former employees under
section :7.105(x)(1) and (2).
Reemployment Rightg
Reemployment rights are provided for permanent employees released for
employment in another agency in the interest of the-defense program. Each
agency will have the responsibility for determining under the standards below
whether its employees may be granted reemployment rights, If it denies reem-
ployment rights, the other agency may appeal the case to the Commission,
Standards governing release with reemployment rights..---The following
standards must be applied by agencies) and by the Commission upon appeal, in
determining whether an employee of one agency shall be released with reemploy-
ment rights for indefinite employment in a specified position and activity in
another agency:
1. Status of the employee.--Only permanent employees are eligible for re-
lease with reemployment rights. Permanent employees include the following:
(a) Permanent or probational employees serving under competitive appoint-
ments.
(b) Permanent employees serving under excepted appointments.
"(c) Status quo employees.
(d) Nonstatus employees covered by pending recommendations for conversion to
competitive status under Executive Orders 10080 and 101570 (Reemployment
rights granted to this group are contingent upon favorable action on the
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}
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Employees serving under indefinite appointments as a result of release with
reemployment rights in another agency are considered as eligi :le for consider-
ation for further release with reemployment rights to still another agency,
Release with reemployment rights may not be granted to any employee who has
received a notice of separation by reduction in force or who it has been
officially determined will be given such a notice within 30 dayse
2., Activity to which going..-The activity in which the employee is proposed
for employment must be a defense activity.
3.. Position for which proposed.-Release with reemployment rights may, as
a general rule } be made only to critical positions; that is, positions for which
qualified persons are in short: supply, Release with reemployment rights to other
positions may be made only,. in exceptional circwnstances, when the requesting
agency furnishes convincing, evidence that there are other factors which show that
the release with reemployment rights is obviously in the interest of the defense-
program..
A position is a critical one if it is on the National List of Critical
Positions issued by the Commission or on a supplemental list of critical posi-
tions issued (a) by'any civil service regional director for positions'in short
supply throughout his region (including field positions filled from central
office registers) or (b) by the central office of the Commission for'positions.'
in the metropolitan area of Washington, D. C., which are under the jurisdiction
of the central. office,. A critical position may also be evidenced by a.certifi-
cation from the requesting agency that it has not been able to fill the position
from existing:registers or from outside recruitment..
1... Position in which servi.ng.i-i-dhen the carlitions*:for release'with,re:>-
employmentt rights are otherwise mete; such release with room l'a
be refused if it. would vitally cripple an. agency, activity ' essentla,l _ to'the pu lie
welfare,,, such as, those directly related to the protection of life, health, and
property, Here inconvenience would not. be sufficient to" warrant' refusal of" re-
employment. rights,
5.? In the interest of the defense program.,--In all cases there must.be a
definite finding by the releasing-agency)-or by the Commission upon. appeal, that.
the release with reemployment rights of the employee in question.wi.ll' definitely'
be in the interest of the defense program., Examples where such findings would'
be justified. are . as ' follows:
.
Old'Positi,on
Critical position in
nondefense activity,.
Noncritical position in
a defense activity,.
Noncritical position
any activity,,
Retention Preference
New position
a*. Same critical position
in a defense' activity..
Critical` position in a.
defense'activityr,
Noncritical but. highly
responsible position ro-
quiring aperson trained'in
a. Particular? phase of govern-
mental . administration and
needed in order 'to facilitate
the, initial establishment or
rapid .exp.ansxon.of.a defense
activity,..
Retention- group A is being dividdd into groups- PA- and TA < and two new re-
tention groups jsdesignated FIX":- and urij are being. established in order. -to recog-
nIze the various degrees. of. tenure udder the new regulations,. The
TAI. X; . Y, B;.. and Co. order is PA;.:
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Permanent employees who are given indefinite promotions and reassignment8
within their own agency will be in group TA. Permanent employees who are not
serving under indefinite promotions or reassignments will be in group PA's
Permanent employees who go to another agency without any break in service
of more than 30 days will be put in retention group X in the new agency, whether
or not they have reemployment rights.
Employees who have potential status rights under
10157 will be put in group Y, Executive Orders 10080 and
Indefinite appointees will be put in group B except as otherwise explained
above,,
1Jhile the new retention preference groupings are somewhat more complicated
than the present ones$ they are necessary to provide equitable. treatment to the
various groups of employees during the period in which indefinite actions will
be taken, It should be possible to withdraw group Y at an early date,
Demotions to Place Returning Veterans
When a demotion or separation is necessary to make a position available for
a returning veteran, agencies will be required to follow the Retention Preference
Regulations to determine which employees shall be separated or demoted,
Permanent Readjustments of Personnel
The new Part 11 requires that full consideration be given to permanent
employees still absent in the armed forces at the time the agency, following
authorization by the Commission, makes permanent readjustments in personnels
Each agency is required to establish a committee or committees to review the
selections for permanent promotions to assure that full consideration is given
to veterans who have been restored or who are entitled to be restored to duty
after service in the armed forces,
Another feature of Part 11 is the provision that,-during the short period
of permaent readjustment., the separation or demotion of employees serving under
indefinite appointments will not be subject to the procedural and appellate re-
quirements of Parts 9 and 22 of the regulations,, Similarly., demotions of per
manent.employees down to their permanent. rank will not' be subject to the usual
E'oquircments under these parts.,. This is necessary to emphasize the purpose of
section 1302 that promotions of permanent employee shall not be made on a per-'
manent basis so that returning veterans may have equal opportunity for consider-'
ation at the time of permanent readjustment, At that time there is no need to
grant detailed procedural protection against separation or demotion for indefi-~,
nite appointees who will be separated by displacement order of the Commission.-
Transition ,`ram Old to New Regulations
On December 1,.1950., all temporary appointments pending establishment of
registers, war.-service indefinite appointments,. and emergency indefinite
appointments will automatically be converted to indefinite appointments under
section 2.115(a) of the regulations,- Those automatic conversions will not
affect eligibility for competitive status under Executive Orders 10080 and
10157.
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