scribe, a classified civil service status for transfer to a position in the classified civil service notwithstanding any contrary provisions of the civil service laws or regulations: Provided, That any individual who may hold such a position in the legislative branch must obtain such transfer within one year from the date of separation, and nothing in sections 631a, 631b, 632, 635, 669, 681-684 of this title shall be construed to impair any right of retransfer provided for under civil service laws or regulations made thereunder. In the case of an individual who shall have held such a position in the legislative branch for at least two years and who shall have been separated from such position for the purpose of entering the military or naval service, such individual shall be deemed, for the purposes of this subsection, to have held such position during the period within which he shall have served in the military or naval forces. (Nov. 26, 1940, ch. 919, Title I, § 2, 54 Stat. 1212, as amended Dec. 28, 1945, ch. 603, 59 Stat. 666; Feb. 12, 1946, ch. 3, 60 Stat. 3.)

*

Subsec. (a) amended by Act Dec. 28, 1945, cited to text, which substituted "upon a finding of the incumbent' in lieu of "upon recommendation by the head of the agency concerned within one year after such office or position has been covered into the classified civil service, and certification within such period by such head to the Civil Service Commission that” in clause (1).

Subsec. (b) amended by Act. Feb 12, 1946, cited to text, which added last sentence beginning "in the case

§632. Civil Service Commission; appointment; removal, and compensation of commissioners.-The President is authorized to appoint, by and with the advice and consent of the Senate, three persons, not more than two of whom shall be adherents of the same party, as civil service commissioners, and said three commissioners shall constitute the United States Civil Service Commission. Said commissioners shall hold no other official place under the United States.

The President may remove any commissioner; and any vacancy in the position of commissioner shall be so filled by the President, by and with the advice and consent of the Senate, as to conform to said conditions for the first selection of commissioners.

The chairman of the Commission shall receive basic compensation at the rate of $16,000 per annum and the commissioners shall each receive basic compensation at the rate of $15,000 per annum. And each of said commissioners shall be paid his necessary traveling expenses incurred in the discharge of his duty as a commissioner. (As amended Nov. 26, 1940, ch. 919, Title II, § 8, 54 Stat. 1216; 1949 Reorg. Plan No. 5, eff. Aug. 19, 1949, 14 F.R. 5227, 63 Stat.; Oct. 15, 1949, ch. 695, §§ 4, 5(a), 63 Stat. -.)

Amendments.-Act Oct. 15, 1949, cited to text, increased the compensation of the Chairman from $10,000 to $16,000 per annum, and the members from $10,000 to $15,000 per annum.

Act Nov. 26, 1940, cited to text, provided that thereafter "the compensation of the Civil Service Commissioners shall be fixed at $10,000 each per annum”. Effective date. The increased compensation provided for by Act Oct. 15, 1949, cited to text, took effect on the first day of the first pay period which began after Oct. 15, 1949, by the provisions of section 9 of said Act Oct. 15, 1949, which is set out as a note under section 3 of this title.

Transfer of functions.—All executive and administrative functions of the Civil Service Commission were transferred to the Chairman of the Civil Service Commission by 1949 Reorg. Plan No. 5, cited to text, and set out under § 133z-15 of his title.

§ 633. Rules

(2) Provisions of

3. Apportionment of appoints; applications for examinations. Third, appointments to the public service aforesaid in the departments at Washington shall be apportioned among the several States and Territories and the District of Columbia upon the basis of population as ascertained at the last preceding census. Hereafter every application for examination before the Civil Service Commission for appointment in the departmental service in the District of Columbia shall be accompanied by a certificate of an officer, with his official seal attached, of the county and State of which the applicant claims to be a citizen, that such applicant was, at the time of making such application, a legal or voting resident of said State, and had been such resident for a period of not less than one year next preceding, or a statement under oath setting forth his or her legal or voting residence for one year next preceding the time of making such application, and such statement shall be accompanied by letters from three reputable citizens of the State in which residence is claimed, corroborating such statement, but this provision shall not apply to persons who may be in the service with civil-service status and seek promotion or appointment in other branches of the government.

6. Political coercion by officers; discrimination due to marital status. Sixth. No person in said service has any right to use his official authority or influence to coerce the political action of any person or body. And no person shall be discriminated against in any case because of his or her marital status in examination, appointment, reappointment, reinstatement, reemployment, promotion, transfer, retransfer, demotion, removal, or retirement. All Acts or parts of Acts inconsistent herewith are hereby repealed.

9. Removal of discrimination due to physical handicap.

Ninth, that no person shall be discriminated against in any case because of any physical handicap, in examination, appointment, reappointment, reinstatement, reemployment, promotion, transfer, retransfer, demotion, or removal, with respect to any position the duties of which, in the opinion of the Civil Service Commission, may be efficiently performed by a person with such a physical handicap: And provided further, That such employment will not be hazardous to the appointee or endanger the health or safety of his fellow employees or others. (As amended July 26, 1937, ch. 522, 50 Stat. 533; June 10, 1948, ch. 434, 62 Stat. 351; 1949 Reorg. Plan No. 5, eff. Aug. 19, 1949, 14 F. R. 5227, 63 Stat. 1067; Oct. 28, 1949, ch. 778, § 1, 63 Stat. 950; June 14, 1950, ch. 238, 64 Stat. 213.)

Amendments. Paragraph (2) amended by Act June 10, 1948, cited to text, which added subpar. (9).

Paragraph (2), subpar. (3), amended by Act June 14, 1950, cited to text, to correct a clerical error by inserting "or" between "legal" and "voting" preceding "residence.''

Paragraph (2), subpar. (3), amended by Act Oct. 28, 1949, cited to text, to require an application for examination to be accompanied by a certificate or state

ment of State residence for a period of at least one year.

Act July 26, 1937, ch. 522, cited to the text, amended the section by adding the last two sentences to subpar. (6) of par. (2).

Transfer of Functions.-All executive and administrative functions of the Civil Service Commission were transferred to the Chairman of the Civil Service Commission by 1949 Reorg. Plan No. 5, cited to text. See note set out under section 632 of this title.

Cross references.-Dismissal of husband or wife of government employees before any other employee, see section 37a of this title.

Hatch Political Activity Act, see section 1181-1880 of this title.

Preference to persons other than husband or wife of government employees in civil service appointments, see section 35a of this title.

§ 643. Repealed. Oct. 28, 1949, ch. 778, § 2, 63 Stat. —.

Section, as amended May 15, 1937, ch. 196, 50 Stat. 168, 1949 Reorg. Plan No. 5, eff. Aug. 19, 1949, 14 F.R. 5227, 63 Stat. -, related to certificates of residence to accompany applications for examinations and is now covered by section 633 (2) subpar. (3) of this title.

§ 645a. Benefits to employees ineligible for earlier appointment because of military service; persons excluded; disabled veterans.—(a) Any person

(1) whose name appeared on any list of eligibles either (A) at any time between May 1, 1940, and March 16, 1942, with respect to a position the rate of compensation of which is determined by sections 661663, 664-669, 670-672, 673 and 674 of this title, sections 6a-6c of Title 19, or the second paragraph of section 109 of Title 8, or (B) at any time between May 1, 1940, and October 23, 1943, with respect to a position in the field service of the Post Office Department, or (C) at any time between May 1, 1940, and August 1, 1946, with respect to positions of officers and members of the Metropolitan Police or of the Fire Department of the District of Columbia, and officers and members of the United States Park Police and the White House Police; and

(2) who, pursuant to Executive Order Numbered 9538, dated April 13, 1945, or regulations of the Civil Service Commission covering similar situations in which an eligible lost opportunity for probational appointment because of military service during World War II, was certified for probational appointment to such position, and, subsequently, was given such appointment,

shall, for the purpose of (A) determining his rate of compensation and (B) his seniority rights in the postal field service, be held to have been appointed to such position as of the earliest date on which an eligible standing lower on the same list of eligibles received a probational appointment therefrom: Provided, That the grade, time in grade, and rate of compensation of any person so appointed to a position in the postal field service shall, at the time this section first applies to such person, be not less than the grade, time in grade, and rate of compensation of the lower eligible (whether a substitute or regular employee) receiving the highest automatic rate of compensation at such time, but such adjustment in grade, time in grade, and rate of compensation shall not affect the status of such person as a substitute or regular employee: Provided, however, That no regular employee in the postal field service shall be reduced to substitute status by reason of the enactment of this section and section 645b of this title.

(b) No person shall be entitled to the benefits of this section who has reenlisted after June 1, 1945, in the Regular Military Establishment or after February 1, 1945, in the Regular Naval Establishment.

(c) Any person within the terms of this section, who, due to a disability incurred because of military service in World War II, is unable to perform the duties of the position designated by him at the time of taking the examination for appointment thereto, may upon written request at any time have his name entered upon any list of eligibles for any position for which a like examination is required and such entry shall be made without any loss of seniority or other rights of eligibility conferred by this section: Provided, however, That this section shall not be construed to extend the period of eligibility which such person would have otherwise had. (July 31, 1946, ch. 714, § 1, 60 Stat. 749, amended June 28, 1948, ch. 694, 62 Stat. 1068; 1949 Reorg. Plan No. 5, eff. Aug. 19, 1949, 14 F. R. 5227, 63 Stat. 1067; Apr. 29, 1950, ch. 136, § 1, 64 Stat. 93.)

References in text.-Executive Order Numbered 9538 dated April 13, 1945, referred to in paragraph (2) of this section, is set out in 10 F.R. 4057.

1950 amendment. Subsec. (a) amended by Act Apr. 29, 1950, cited to text, which inserted the first proviso in par. (2).

1948 amendment.-Subsec. (c) added by Act June 28, 1948, cited to text. Effective date.-Section 3 of Act July 31, 1946, cited to text, provided: "This Act [sections 645a and 645b of this title] shall take effect on the first day of the calendar month following the calendar month in which it is enacted."

Transfer of functions.-All executive and administrative functions of the Civil Service Commission were transferred to the Chairman of the Civil Service Commissin by 1949 Reorg. Plan No. 5, cited to text. See note set out under section 632 of this title.

Retroactive effect; persons excepted.-Section 2 of Act Apr. 29, 1950, cited to text, provided: "The amendment made by this Act to such Act of July 31, 1946 [subsec. (a) of this section], shall take effect as of August 1, 1946, but shall not apply in the case of any person who has been separated from the postal service prior to the date of enactment of this Act [Apr. 29, 1950]."'

§ 645b. Same; period of compensation.-No person shall, by reason. of the enactment of section 645a of this title, be entitled to any compensation for any period prior to August 1, 1946. (July 31, 1946, ch. 714, § 2, 60 Stat. 749.)

§ 652. Removal without pay from classified civil service-Only for cause; notice; copy of charges; time to answer; examination; record; persons exempt.-(a) No person in the classified civil service of the United States shall be removed or suspended without pay therefrom except for such cause as will promote the efficiency of such service and for reasons given in writing. Any person whose removal or suspension without pay is sought shall (1) have notice of the same and of any charges preferred against him; (2) be furnished with a copy of such charges; (3) be allowed a reasonable time for filing a written answer to such charges, with affidavits; and (4) be furnished at the earliest practicable date with a written decision on such answer. No examination of witnesses nor any trial or hearing shall be required except in the discretion of the officer or employee directing the removal or suspension without pay. Copies of the charges, the notice of hearing, the answer, the reasons for removal or suspension without pay, and the order of removal or suspension without pay shall be made a part of the records of the proper department or agency, as shall also the reasons for reduction in grade or compensation; and copies of the same shall be furnished, upon request, to the person effected and to the Civil Service Commission. This subsection shall apply to

a person within the purview of section 863 of this title, only if he so elects.

(b) Reinstatement or restoration to duty; compensation; deductions; veterans; removal by reduction in force.-(1) Any person removed or suspended without pay under subsection (a) who, after filing a written answer to the charges as provided under such subsection or after any further appeal to proper authority after receipt of an adverse decision on the answer, is reinstated or restored to duty on the ground that such removal or suspension was unjustified or unwarranted, shall be paid compensation at the rate received on the date of such removal or suspension, for the period for which he received no compensation with respect to the position from which he was removed or suspended, less any amounts earned by him through other employment during such period, and shall for all purposes except the accumulation of leave be deemed to have rendered service during such period. A decision with respect to any appeal to proper authority under this paragraph shall be made at the earliest practicable date.

(2) Any person who is discharged, suspended, or furloughed without pay, under section 863 of this title, who, after answering the reasons advanced for such discharge, suspension, or furlough or after an appeal to the Civil Service Commission, as provided under such section, is reinstated or restored to duty on the ground that such discharge, suspension, or furlough was unjustified or unwarranted, shall be paid compensation at the rate received on the date of such discharge, suspension, or furlough for the period for which he received no compensation with respect to the position from which he was discharged, suspended, or furloughed, less any amounts earned by him through other employment during such period, and shall for all purposes except the accumulation of leave be deemed to have rendered service during such period.

(3) Any person removed or suspended without pay in a reduction in force who, after an appeal to proper authority, is reinstated or restored to duty on the ground that such removal or suspension was unjustified or unwarranted shall be paid compensation at the rate received on the date of such removal or suspension, for the period for which he received no compensation with respect to the position from which he was removed or suspended, less any amounts earned by him through other employment during such period, and shall for all purposes except the accumulation of leave be deemed to have rendered service during such period. A decision with respect to any appeal to proper authority under this paragraph shall be made at the earliest practicable date.

(c) Membership in associations, clubs, etc., no cause reduction in rank or compensation or removal.-Membership in any society, association, club, or other form of organization of postal employees not affiliated with any outside organization imposing an obligation or duty upon them to engage in any strike, or proposing to assist them in any strike, against the United States, having for its objects, among other things, improvements in the condition of labor of its members, including hours of labor and compensation therefor and leave of absence, by any person or groups of persons in said postal service, or the presenting by any such person or groups of persons of any griev