Federal Register

Executive Order 9830--Amending the Civil Service Rules and providing for Federal personnel administration

Source: The provisions of Executive Order 9830 of Feb. 24, 1947, appear at 12 FR 1259, 3 CFR, 1943-1948 Comp., p. 606, unless otherwise noted.

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

Part I--Organization for Personnel Administration

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

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

§01.2 Office of Personnel Management responsibilities under this order. (a) The Office shall be responsible to the President for the proper application of the Civil Service Act and Rules, the Veterans' Preference Act, and all other applicable statutes and Executive orders imposing responsibilities on the Office.
(b) The Office shall exercise and provide leadership in personnel matters throughout the Federal service, and in the discharge of this responsibility shall, whenever practicable, consult Federal agencies.
(c) The Office shall develop and promulgate standards, applicable to the competitive service and designed to protect and promote its efficiency, for the reinstatement or reemployment of former Federal employees, and for the promotion, demotion, reassignment, and transfer of present employees. The Office shall also determine the applicability, in general and in specific cases, of the reemployment provisions of (1) section 8 of the Selective Training and Service Act of 1940 (54 Stat. 980) as amended (50 U.S.C. App. 308), to persons who left the Federal service to serve in the armed forces of the United States, and (2) section 2 of the act of June 23, 1943, 57 Stat. 162, as amended (50 U.S.C. App. 1472), to persons who left the Federal service to serve in the merchant marine; and the Office may issue such regulations or instructions as it may deem necessary or appropriate for carrying out the said reemployment provisions.
(d) The Office shall prescribe procedures to be followed by agencies in connection with removals, demotions, and suspensions in the competitive service which will insure equitable and uniform treatment to employees against whom adverse action is proposed.
(e) The Office shall, when consistent with law and with the economical and efficient administration of the Government, delegate to the agencies its authority to act in personnel matters in accordance with standards issued by the Office.
(f) The Office shall maintain an adequate system of inspection to determine that equitable and sound application of statutes, Executive orders, regulations and standards relating to personnel management is being carried out by the agencies. Whenever the inspection indicates failure on the part of an agency to adhere to established policies, regulations and standards, the Office shall take such action as may be appropriate to bring about adherence thereto. In this connection, the Office may suspend or revoke any delegation of its authority.
(g) The Office shall in the exercise of its personnel functions give all practicable assistance to international organizations in which the United States participates, to the Puerto Rico civil service board, and to such Federal, Territorial, State, or local agencies as shall request its cooperation and offer like cooperation, including, when appropriate, the sharing of any necessary expenses. Under such regulations as may be jointly agreed upon, the Office shall conduct or join with such agencies in conducting examinations or other personnel functions. In its discretion, the Office may certify eligibles from appropriate registers maintained by the Puerto Rico civil service board, Federal or Territorial boards, or civil service boards of State and local agencies, if such boards agree, and the Office finds that the requirements of law concerning appointments to the competitive service have been met. If such boards so desire, they may, upon agreement with the Office, certify eligibles from appropriate registers maintained by the Office.

[Sec. 01.2 amended by Executive Order 9961 of May 19, 1948, 13 FR 2735, 3 CFR, 1943-1948 Comp., p. 706; 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264]

§01.3 Agency responsibilities for personnel management. (a) The head of each agency, in accordance with applicable statutes, Executive orders, and rules, shall be responsible for personnel management in his agency. To assist and advise him in carrying out this responsibility he shall maintain or establish such office or division of personnel as may be required. He shall designate a director of personnel or other similarly responsible official to be in charge of such office or division. Such director or other official shall represent the head of the agency in personnel matters, subject to his instructions.
(b) The head of each agency shall provide for the cooperation of his agency with the Office of Personnel Management in the conduct of personnel matters.
(c) Authority for the conduct of personnel matters within each agency should be delegated to the extent compatible with provisions of law and with economical and efficient administration to those officials responsible for planning, directing, and supervising the work of others. The exercise of such delegated authority shall be subject to policies, rules, regulations and standards established by the head of the agency, and shall be subject to appropriate review and inspection.
(d) The head of each agency shall remove, demote, or reassign to another position any employee in the competitive service whose conduct or capacity is such that his removal, demotion, or reassignment will promote the efficiency of the service.

[Sec. 01.3 amended by Executive Order 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264]

§01.4 Committees of expert examiners and boards of examiners. (a) In order to promote the effective recruitment and placement of persons for the Federal service, the departmental and field service resources of the Federal agencies may be utilized to the extent permitted by law. After consulting the agency or agencies concerned, the Office may establish in the departmental service committees of examiners, expert in their respective fields, for scientific, professional, or technical positions, and in the field service, boards of examiners for any position. If such a position is peculiar to any agency, the committee or board shall be composed of not less than three qualified officers or employees of the agency concerned. If such a position exists in more than one agency, the committee or board shall be composed of not less than three qualified officers or employees of the agencies concerned.
(b) The work of the committees or boards referred to in this section shall be under the direction and supervision of the Office in connection with the execution of the Civil Service Act, Rules, and Regulations.
(c) The duties performed by the members of such committees or boards shall be considered part of their official duties and adequate time shall be allowed for their performance by the agency in which they are employed.
(d) Where qualified examiners are not readily available in the Federal service, and to the extent permitted by law, the Office or the agency concerned may designate and compensate individuals outside the service especially qualified by experience and training to serve as examiners.

[Sec. 01.4 amended by Executive Order 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264]

§01.5 Federal Personnel Council. (a) The Council of Personnel Administration shall hereafter be known as the Federal Personnel Council and shall be continued within the Office of Personnel Management.
(b) The membership of the Council shall consist of a chairman, the director of personnel or official responsible for personnel matters in each agency subject to the Civil Service Rules, one additional member designated by the Director of the Office of Management and Budget, and such additional member or members as the Office shall designate.
(c) The Chairman of the Council shall be appointed by the Office of Personnel Management after consultation with the Council and shall serve as a member of the staff of the Office.
(d) The purpose of the Council, functioning as an advisory body, shall be to promote through study and discussion the application, interpretation, and development of personnel policies and practices. Its findings and recommendations shall be submitted to the Office and may be submitted to the President or to other Federal agencies.
(e) Where there are substantial concentrations of Federal agencies in a geographical area, subsidiary councils may be established and maintained as recommended by the Council and approved by the Office. The membership of such councils shall consist of the heads of field establishments in such areas or their designated representatives and of the designated representatives of the Office.

[Sec. 01.5 amended by Executive Order 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264; Executive Order 12608 of Sept. 9, 1987, 52 FR 34617, 3 CFR, 1987 Comp., p. 245]

Part II--Civil Service Rules

The Civil Service Rules are hereby amended to read as follows: [Deleted] 1

Part III

The following Executive orders are hereby revoked:
No. 279 of November 29, 1904.
No. 283 of December 8, 1904.
No. 294 of February 15, 1905.
No. 314 of March 30, 1905.
No. 458 of June 13, 1906.
No. 715 of November 22, 1907.
No. 983 of November 30, 1908.
No. 1065 of April 21, 1909.
No. 1153 of January 12, 1910.
No. 2357 of April 11, 1916.
No. 3108 of June 30, 1919.
Unnumbered order2 of June 2, 1920, concerning reinstatement of persons nearing retirement age.
No. 4523 of October 18, 1926.
No. 5924 of September 20, 1932.
Unnumbered order of February 19, 1934, concerning negotiations for transfer.
No. 7915 of June 24, 1938.
No. 7916 of June 24, 1938.
No. 7975-A of September 16, 1938.
No. 8083 of April 10, 1939.
No. 8179 of June 21, 1939.
No. 8214 of July 25, 1939.
No. 8257 of September 21, 1939.
No. 8283 of November 9, 1939.
No. 8300 of December 12, 1939.
No. 8423 of May 28, 1940.
No. 8425 of May 29, 1940.
No. 8467 of July 1, 1940.
No. 8564 of October 8, 1940.
No. 8587 of November 7, 1940.
No. 8705 of March 5, 1941.
No. 8707 of March 10, 1941.
No. 8760 of May 27, 1941.
No. 8894 of September 8, 1941.
No. 8937 of November 7, 1941.
No. 9004 of December 30, 1941.
No. 9027 of January 16, 1942.
No. 9052 of February 6, 1942.
No. 9200 of July 16, 1942.
No. 9239 of September 8, 1942.
No. 9298 of February 2, 1943.
No. 9333 of April 19, 1943.
No. 9394 of November 4, 1943.
No. 9405 of December 17, 1943.
No. 9503 of November 27, 1944.
No. 9538 of April 13, 1945.
No. 9579 of June 30, 1945.
No. 9598 of August 17, 1945.
No. 9619 of September 19, 1945.
No. 9644 of October 19, 1945.
No. 9653 of November 1, 1945.
No. 9668 of December 28, 1945.
No. 9688 of January 31, 1946.
No. 9691 of February 4, 1946.
No. 9733 of June 4, 1946.

1 Editorial note: The Civil Service Rules are codified at 5 CFR Parts 1-9. Schedules A and B, as provided for in Rule 6 in Executive Order 9830, are printed at 5 CFR Part 213.

2 Editorial note: The Executive order was subsequently numbered 3287A.

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