the efficiency of the Government and the integrity of the competitive service are protected and promoted: Provided, That whenever such a variation is made from the regulations the Commission shall record in the minutes of its proceedings (1) the particular practical difficulty or hardship, (2) what is permitted in lieu of what is required by regulation, (3) the circumstances which protect or promote the efficiency of the Government and the integrity of the competitive service, and (4) a statement limiting the application of the variation to the continuation of the conditions which gave rise to the variation: Provided further, That similar variations shall be granted whenever similar conditions exist. All minutes approved under authority of this section shall be published in the Commission's annual reports.

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

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

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

ing officer with specific instructions as to discipline or dismissal.

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

REGULATIONS UNDER CIVIL SERVICE RULE V NOTE: No regulations have been issued under Civil Service Rule V.

6.101

Regulations for the administration and enforcement of the Veterans' Preference Act in connection with positions excepted from the competitive service

AUTHORITY: §§ 6.1 to 6.101, inclusive, issued under R.S. 1753, sec. 2, 22 Stat. 403, 50 Stat. 533; 5 U.S.C. 631, 633. Additional authority is noted in parentheses following provisions affected.

SOURCE: §§ 6.1 to 6.101, inclusive, contained in Regulations, Civil Service Commission, effective May 1, 1947, 12 F.R. 2839, except as noted following provisions affected.

CIVIL SERVICE RULE VI

§ 6.1 Positions excepted from the competitive service. (a) Because of their confidential or policy-determining character, or because it is not practicable to make appointments thereto through competitive examination, the positions named in Schedules A and B, set out in $6.4 shall be excepted from the competitive service. The Commission may, upon the request of an agency, determine that similar positions also should be excepted from the competitive service. Upon publication in the FED

ERAL REGISTER of its determination excepting such positions from the competitive service, appointment thereafter may be made to such positions in the same manner as under Schedules A and B (§ 6.4). At the end of each fiscal year the Commission shall submit to the President for review a list of the positions which it has excepted from the competitive service under this section during such year.

(b) Appointments to positions in Schedule A (§ 6.4 (a)) may be made without examination by the Commission.

(c) Appointments to positions in Schedule B (§ 6.4 (b)) shall be subject to such noncompetitive examination as the Commission may prescribe.

(d) Appointment under either Schedule A or B (§ 6.4) shall not confer a competitive status. Final decision as to whether the duties of a particular position are such that appointment to it is authorized under Schedule A or B (§ 6.4) shall rest with the Commission. The Commission, with the concurrence of the agency concerned, may revoke in whole or in part any paragraph of Schedule A or B (§ 6.4): Provided, That such revocation shall be published in the FEDERAL REGISTER.

(e) An appointing officer in his discretion may fill any position in Schedule A or B (§ 6.4) or any position excepted from the competitive service by statute in the same manner as competitive positions are filled.

(f) Whenever any position in Schedule A or B (§ 6.4) is occupied by a person having a competitive status, he shall be separated from such position only in accordance with the provisions of this order and the Civil Service Rules and Regulations. Whenever any position excepted from the competitive service by statute is occupied by a person having a competitive status he shall not be entitled to the protection against separation provided by such Rules and Regulations.

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

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

§ 6.4 Lists of positions excepted from the competitive service—(a) Schedule A. The following positions are those excepted from the competitive service to which appointments may be made with-out examination by the Commission, and constitute Schedule A of the Civil Service Rules:

(1) Entire Executive Civil Service. (i) Chaplains.

[Preceding subdivision, in small type, superseded by following subdivision during period covered by this Supplement]

(i) Positions of Chaplain and Chaplain's Assistant. [Subdivision (i) amended, effective Dec. 31, 1947, 12 F.R. 8875]

(ii) Cooks, except at fixed locations, such as, hospitals, quarantine stations, and penal institutions.

(iii) Positions to which appointments are made by the President without confirmation by the Senate.

(iv) Attorneys.

(v) Chinese, Japanese, and Hindu interpreters.

(vi) Any position in which the appointee will receive compensation aggregating not more than $720 per annum, the duties of which are part-time or intermittent, but such appointments shall not be for job employment. In Washington, D. C., such appointments shall be subject to the prior approval of the Commission. All such employment shall be reported on the regular reports of personnel action; and in addition, unless payment is at a per annum rate of $720 or less, the total service rendered and its distribution shall be shown on reports submitted at the end of each calendar year; if separation occurs prior to the close of a calendar year, report should be submitted at the time of separation. Additional employment of the appointee by another agency, under similar conditions, shall be subject to the prior approval of the Commission.

(vii) Any position in a foreign country, or beyond the continental limits of the United States, when in the opinion of the Commission, appointment through competitive examination is im

practicable, except as provided in subdivisions (viii) and (ix) of this subparagraph, and except the following:

(a) All positions in Hawaii;

(b) Positions in the Immigration and Naturalization Service, Department of Justice, in Canada and Mexico;

(c) Positions in the Bureau of Customs, Treasury Department, in foreign countries, in Puerto Rico and in the Virgin Islands.

(viii) Positions on the Isthmus of Panama, except: accountant, architect, architectural designer, bookkeeper, calculating machine operator, chemist, clerk (paying more than $150 in U. S. currency per month), custodian, dietitian, draftsman, employee counselor, medical technician, personnel aide, personnel assistant, pharmacist, physician, play-ground director, statistician, stenographer, storekeeper, surgeon, trained nurse, typist, and harbor personnel of the Quartermaster Corps, War Department.

(ix) Positions in Alaska, when, in the opinion of the Commission, appointment through competitive examination is impracticable. Persons formerly appointed under this subdivision may be reinstated to positions in Alaska with the approval of the Commission.

(x) Temporary, part-time, or intermittent employments of mechanics, skilled laborers, and tradesmen on construction or repair work in places where there is no local board of examiners of the Civil Service Commission for the employing establishment, when, in the opinion of the Commission, appointment through competitive examination is impracticable. Seasonal employments of a recurring nature are not authorized under this subdivision.

(xi) Any position directly concerned with the protection of the life and safety of the President and the members of his family.

(xii) Positions without compensation provided such appointments meet the requirements of applicable laws relating to compensation.

(xiii) Professional, scientific and technical experts for temporary, part-time or intermittent employment for consultation purposes.

(xiv) Unskilled laborers at any city, locality or establishment where the Labor Regulations were not in effect on July 1, 1941. The Commission, with the concur

rence of the department or agency concerned, may include within the competitive civil service unskilled laborer positions at any such city, locality, or establishment.

(xv) Any local physician, surgeon, or dentist employed under contract or on a part-time or fee basis, when, in the opinion of the Commission, appointment through competitive examination is impracticable.

(2) State Department. (1) Five special assistants to the Secretary of State.

(ii) All positions under international commissions, congresses, conferences, and boards, except the International Joint Commission; the International Boundary Commission, United States, and Mexico; and the International Boundary Commission, United States, Alaska, and Canada.

(iii) Chief and Assistant Chief of the Foreign Service Buildings Office.

(iv) Two private secretaries or confidential assistants to the Secretary of State.

(v) One private secretary or confidential assistant to the Under Secretary of State, the Counselor, the Assistant Secretaries of State, the Legal Advisers, and other officials of the Department holding the rank of Assistant Secretary of State.

(vi) One chauffeur for the Secretary of State.

(vii) Gage readers employed parttime or intermittently by the International Boundary Commission, United States and Mexico at isolated localities when, in the opinion of the Commission, appointment through competitive examination is impracticable.

(viii) Temporary field employees of the International Boundary Commission, United States, Alaska, and Canada, such as instrument men, foremen, recorders, packers, cooks, and axemen, for not to exceed 180 working days a year.

(3) Treasury Department. (i) Two private secretaries or confidential assistants to the Secretary of the Treasury, and one to each Assistant Secretary of the Treasury, and one to the Under Secretary of the Treasury.

(ii) Special employees in the field service of the Bureau of Narcotics; and special employees for temporary detective work in the field service of the Bureau of Internal Revenue under the appropria

tion for detecting and bringing to trial and punishment persons violating the internal revenue laws. Appointments under this subdivision shall be limited to persons whose services are required because of individual knowledge of violations of the law, and such appointments shall be continued only so long as the personal knowledge possessed by the appointee of such violation makes his services necessary. This exemption from competition is for special and unusual cases only and report shall be made to the Commission by letter as soon as the appointment is made.

(iii) Bureau of Customs: Positions in foreign countries designated as "interpreter-translator" and "special employees," when filled by appointment of persons who are not citizens of the United States; and positions in foreign countries of messenger and janitor.

(iv) Coast Guard: Lamplighters.

(v) Five assistants to the Secretary of the Treasury.

(vi) Receivers of insolvent national banks and other financial institutions which are filled by appointment by the Comptroller of the Currency and whose salaries are paid directly from the funds of insolvent institutions.

(Preceding subdivision, in small type, superseded by following subdivision during period covered by this Supplement]

(vi) Receivers of insolvent national banks and other financial institutions appointed by the Comptroller of the Currency with salaries payable from the funds of insolvent institutions, and the employees of such receivers. [Subdivision (vi) amended, effective May 9, 1947, 12 F.R. 30591

(vii) One assistant to the Under Secretary of the Treasury.

(viii) Until December 31, 1947, positions of Chief National Bank Examiner, Assistant Chief National Bank Examiner, District Chief National Bank Examiner, National Bank Examiner, and Assistant National Bank Examiner, in the Office of the Comptroller of the Currency, whose salaries are paid from assessments against national banks and other financial institutions.

[Preceding subdivision, in small type, superseded by following subdivision during period covered by this Supplement]

(viii) Until December 31, 1948, positions of Chief National Bank Examiner, Assistant Chief National Bank Examiner, District Chief National Bank Examiner,

National Bank Examiner, and Assistant National Bank Examiner in the Office of the Comptroller of the Currency, whose salaries are paid from assessments against National Banks and other financial institutions. [Subdivision (viii) amended, effective Dec. 31, 1947, 12 F.R. 8875]

(ix) Until December 31, 1947, positions of State Director and Deputy State Director of the U. S. Savings Bonds Division.

[Preceding subdivision, in small type, superseded by following subdivision during period covered by this Supplement]

(ix) Until December 31, 1948, positions of State Director and Deputy State Director of the U. S. Savings Bond Division. [Subdivision (ix) amended, effective Dec. 31, 1947, 12 F.R. 8875]

(x) One chauffeur for the Secretary of the Treasury.1

[Preceding subdivision, in small type, superseded by following subdivision during period covered by this Supplement]

(x) Two chauffeurs for the Secretary of the Treasury. [Subdivision (x) amended, effective Sept. 20, 1947, 12 F.R. 6277]

(xi) Radio Director in the United States Savings Bonds Division. [Subdivision (xi) added effective Oct. 14, 1947, 12 F.R. 6733] [Preceding subdivision, in small type, superseded by following subdivision during period covered by this Supplement]

United States Savings Bonds Division. (xi) Radio Director, Director of Labor Organizations, Information and Editorial Specialist (Labor Representative), Information and Editorial Specialist (Head, Railroad Unit), Information and Editorial Specialist (Director of Negro Groups). [Subdivision (xi) amended effective Dec. 11, 1947, 12 F.R. 8291]

(xii) Student assistants whose individual salaries shall not aggregate more than $832 a year. Only bona fide undergraduate or graduate students at colleges or universities of recognized standing shall be eligible for appointment under this subdivision. Appointments under

this subdivision shall not exceed 90 working days in any calendar year. [Subdivision (xii) added, effective Oct. 30, 1947, 12 F.R. 7046]

(4) Department of the Army. (1) Two private secretaries or confidential

1 Subdivision (x) was added, effective May 1, 1947, 12 F.R. 2595.

assistants to the Secretary of the Army and one to each Assistant Secretary of the Army.

(ii) One chauffeur for the Secretary of War.

(iii) Transportation Corps: Longshoremen and stevedores employed at ports of embarkation in the United States; and all positions on vessels operated by the Transportation Corps.

(iv) Positions the duties of which are of a quasi-military nature and involve the security of secret or confidential matter, when in the opinion of the Commission, appointment through competitive examination is impracticable.

(v) Student assistant positions under the Office of the President, Mississippi River Commission, concerned with scientific engineering investigations when filled by the appointment of students in attendance at colleges and universities of recognized standing, Provided, That substantial contributions to the investigations are made by such colleges or universities in money, services, advice, or materials, or in the use of buildings, laboratories, equipment, facilities, or otherwise. Such employment may be continued under this authority only so long as the appointee is a bona fide student in a particular college or university and receives academic credit toward a degree for the work he is performing: And provided, That appointments to such positions will not exceed fifteen in number at any particular time, and will be for a period not to exceed nine months.

(vi) Land appraisers employed in the Engineer Department on a temporary or indefinite basis for specific projects where knowledge of local values or conditions or other specialized qualifications not possessed by appraisers regularly employed by the Department are required for successful results.

(vii) Caretakers of abandoned military reservations or of abandoned or unoccupied military posts when the positions are filled by retired noncommissioned officers or enlisted men.

(viii) Civilian professors, instructors, teachers, hostesses, chapel organist and choirmaster at the United States Military Academy, West Point, New York, and librarian when filled by an officer of the Regular Army retired from active service, except teachers at the Children's School.

[Preceding subdivision, in small type, superseded by following subdivision during period covered by this Supplement]

(viii) Civilian professors, instructors, teachers (except teachers at the Children's School), hostesses, chapel organist and choirmaster, librarian when filled by an officer of the Regular Army retired from active service, and military secretary to the Superintendent at the United States Military Academy, West Point, New York, when filled by a Military Academy graduate retired as a regular commissioned officer for disability. [Subdivision (viii) amended effective Dec. 2, 1947, 12 F.R. 80111

(ix) During the emergency declared by the President to exist on May 27. 1941, all positions in the Department of the Army on the Isthmus of Panama.

(x) Unskilled laborers and munitions handlers engaged in handling Ordnance matériel, including ammunition, where temporary or intermittent employment is necessary.

(xi) Messenger boys employed on the Alaska Communications System.

(xii) Internes (medical and dental) in Army hospitals.

(xiii) During the emergency declared by the President to exist on May 27, 1941, positions in the Army Motion Picture Service and positions of hostess and librarian under the Special Services Division, Department of the Army, assigned to Army posts.

(xiv) Civilian deans and professors at the Army Air Forces Institute of Technology, Wright Field, Dayton, Ohio.

(xv) Civilian Directors of Studies employed for not to exceed six months in any twelve-month period for service at the National War College, Washington, D. C. [Subdivision (xv) added, effective May 29, 1947, 12 F.R. 3475]

(xvi) Joint Research and Development Board: Thirteen Executive Directors, eleven Deputy Directors, eight Scientific Warfare Advisers, two Chiefs of Branches, one Head of Section.

CODIFICATION: Subdivision (xvi) was added, effective Aug. 13, 1947, 12 F.R. 5481 and revoked, effective Sept. 25, 1947, 12 F.R. 6353.

NOTE: The War Department was designated the Department of the Army by sec. 205 (a), National Security Act of 1947 (Pub. Law 253, 80th Cong., 1st sess.).

(5) Navy Department. (i) Two private secretaries or confidential assistants to the Secretary of the Navy, one to each Assistant Secretary of the Navy and one to the Under Secretary of the Navy.