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cultural commodities. The amounts appropriated under this section shall be expended for such of the above-specified purposes, and at such times, in such manner, and in such amounts as the Secretary of Agriculture finds will tend to increase the exportation of agricultural commodities and products thereof, and increase the domestic consumption of agricultural commodities and products thereof: Provided, That no part of the funds appropriated by this section. shall be expended pursuant to clause (3) hereof unless the Secretary of Agriculture determines that the expenditure of such part pursuant to clauses (1) and (2) is not necessary to effectuate the purposes of this section: Provided further, That no part of the funds appropriated by this section shall be used for the payment of benefits in connection with the exportation of unmanufactured cotton. (Aug. 24, 1935, sec. 32, Public 320, 74th Cong.)


190. Regulation of admissions to civil service.-The President is authorized to prescribe such regulations for the admission of persons into the civil service of the United States as may best promote the efficiency thereof, and ascertain the fitness of each candidate in respect to age, health, character, knowledge, and ability for the branch of service into which he seeks to enter; and for this purpose he may employ suitable persons to conduct such inquiries, and may prescribe their duties, and establish regulations for the conduct of persons who may receive appointments in the civil service. (R. S., sec. 1753; 5 U. S. C., sec. 631.)

191. Civil Service Commission; appointment.-That 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. (Jan. 16, 1883, sec. 1, 22 Stat. 403; 5 U. S. C., sec. 632.)

192. Duties of civil service commissioners.-That it shall be the duty of said commissioners:

(1) Preparation of rules

FIRST. To aid the President, as he may request, in preparing suitable rules for carrying this act into effect, and when said rules shall have been promulgated it shall be the duty of all officers of the United States in the departments and offices to which any such rules may relate to aid, in all proper ways, in carrying said rules, and any modifications thereof, into effect.

(2) Provisions of rules

SECOND. And, among other things, said rules shall provide and declare, as nearly as the conditions of good administration will warrant, as follows:

1. Competitive examinations

First, for open, competitive examinations for testing the fitness of applicants for the public service now classified or to be classified hereunder. Such examinations shall be practical in their character,

and so far as may be shall relate to those matters which will fairly test the relative capacity and fitness of the persons examined to discharge the duties of the service into which they seek to be appointed. 2. Selections according to results of examinations

Second, that all the offices, places, and employments so arranged or to be arranged in classes shall be filled by selections according to grade from among those graded highest as the results of such competitive examinations.

3. Apportionment of appointments among States, etc.; 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. Every application for an examination shall contain, among other things, a statement, under oath, setting forth his or her actual bona fide residence at the time of making the application, as well as how long he or she has been a resident of such place.

4. Probation before absolute appointment

Fourth, that there shall be a period of probation before any absolute appointment or employment aforesaid.

5. Contributions for political purposes

Fifth, that no person in the public service is for that reason under any obligations to contribute to any political fund, or to render any political service, and that he will not be removed or otherwise prejudiced for refusing to do so.

6. Political coercion

Sixth, that 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.

7. Noncompetitive examinations in certain cases

Seventh, there shall be noncompetitive examinations in all proper cases before the commission, when competent persons do not compete, after notice has been given of the existence of the vacancy, under such rules as may be prescribed by the commissioners as to the manner of giving notice.

8. Notice of appointments, rejections, transfers, resignations, and removals; exceptions to be set forth with rules

Eighth, that notice shall be given in writing by the appointing power to said commission of the persons selected for appointment or employment from among those who have been examined, of the place of residence of such persons, of the rejection of any such persons after probation, of transfers, resignations, and removals, and of the date thereof, and a record of the same shall be kept by said commission. And any necessary exceptions from said eight fundamental provisions of the rules shall be set forth in connection with such rules, and the reasons therefor shall be stated in the annual reports of the commission.

(3) Regulations for examinations and records

THIRD. Said commission shall, subject to the rules that may be made by the President, make regulations for, and have control of,

such examinations, and, through its members or the examiners, it shall supervise and preserve the records of the same; and said commission shall keep minutes of its own proceedings.

(4) Investigations and reports on execution of act

FOURTH. Said commission may make investigations concerning the facts, and may report upon all matters touching the enforcement and effects of said rules and regulations, and concerning the action of any examiner or board of examiners hereinafter provided for, and its own subordinates, and those in the public service, in respect to the execution of this act.

(5) Annual reports of Commission

FIFTH. Said commission shall make an annual report to the President for transmission to Congress, showing its own action, the rules and regulations and the exceptions thereto in force, the practical effects thereof, and any suggestions it may approve for the more effectual accomplishment of the purposes of this act. (Jan. 16, 1883, sec. 2, 22 Stat. 403; 5 U. S. C., sec. 633.)

193. Personnel Classification Board abolished.-The duties, powers, and functions of the Personnel Classification Board are hereby transferred to the Civil Service Commission; and

(a) the Personnel Classification Board, and the position of director of classification, are hereby abolished. (June 30, 1932, sec. 505, 47 Stat. 416; 5 U. S. C., sec. 633a.)

194. Same; orders, rules, etc., continued.-(a) All orders, determinations, rules, or regulations made or issued by the Personnel Classification Board, and in effect at the time of such transfer, shall continue in effect to the same extent as if such transfer had not been made, until modified, superseded, or repealed by the Civil Service Commission.

(b) All provisions of law relating to the Personnel Classification Board and the director of classification shall continue in force with respect to the Civil Service Commission, insofar as such provisions of law are not inconsistent with the provisions of section 505. [5 U. S. C., sec. 633a.] (June 30, 1932, sec. 507, 47 Stat. 416; 5 U. S. Č., sec. 633c.)

* *


195. Chief examiner; secretary; employees; board of examiners.-That said commission is authorized to employ a chief examiner, a part of whose duty it shall be, under its direction, to act with the examining boards, so far as practicable, whether at Washington or elsewhere, and to secure accuracy, uniformity, and justice in all their proceedings, which shall be at all times open to him. commission shall have a secretary, to be appointed by the President, * * *. The commission shall, at Washington, and in one or more places in each State and Territory where examinations are to take place, designate and select a suitable number of persons, not less than three, in the official service of the United States, residing in said State or Territory, after consulting the head of the department or office in which such persons serve, to be members of boards of examiners, and may at any time substitute any other person in said service living in such State or Territory in the place of any one so selected. Such boards of examiners shall be so located as to make it reasonably convenient and inexpensive for applicants to attend

before them; and where there are persons to be examined in any State or Territory, examinations shall be held therein at least twice in each year. It shall be the duty of the collector, postmaster, and other officers of the United States, at any place outside of the District of Columbia where examinations are directed by the President or by said board to be held, to allow the reasonable use of the public buildings for holding such examinations, and in all proper ways to facilitate the same. (Jan. 16, 1883, sec. 3, 22 Stat. 404; 5 U. S. C. sec. 635.)

196. Violation of duties by commissioners, examiners, etc.-That any said commissioner, examiner, copyist, or messenger, or any person in the public service who shall willfully and corruptly, by himself or in cooperation with one or more other persons, defeat, deceive, or obstruct any person in respect of his or her right of examination according to any such rules or regulations, or who shall willfully, corruptly, and falsely mark, grade, estimate, or report upon the examination or proper standing of any person examined hereunder, or aid in so doing, or who shall willfully and corruptly make any false representations concerning the same or concerning the person examined, or who shall willfully and corruptly furnish to any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any person so examined, or to be examined, being appointed, employed, or promoted, shall for each such offense be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than one hundred dollars, nor more than one thousand dollars, or by imprisonment not less than ten days, nor more than one year, or by both such fine and imprisonment. (Jan. 16, 1883, sec. 5, 22 Stat. 405; 5 U. S. C. sec. 637.)

197. Appointments and promotions in classified service. That after the expiration of six months from the passage of this act no officer or clerk shall be appointed, and no person shall be employed to enter or be promoted in either of the said classes now existing, or that may be arranged hereunder pursuant to said rules, until he has passed an examination, or is shown to be specially exempted from such examination in conformity herewith. But nothing herein contained shall be construed to take from those honorably discharged from the military or naval service any preference conferred by the seventeen hundred and fifty-fourth section of the Revised Statutes [5 U. S. C., sec. 35], nor to take from the President any authority not inconsistent with this act conferred by the seventeen hundred and fifty-third section of said statutes [5 U. S. C., sec. 631]; nor shall any officer not in the executive branch of the government, or any person merely employed as a laborer or workman, be required to be classified hereunder; nor, unless by the direction of the Senate, shall any person who has been nominated for confirmation by the Senate be required to be classified or to pass an examination. (Jan. 16, 1883, sec. 7, 22 Stat. 406; 5 U. S. C., sec. 638.)

198. Habitual users of intoxicants.-That no person habitually using intoxicating beverages to excess shall be appointed to, or retained in, any office, appointment, or employment to which the provisions of this act are applicable. (Jan. 16, 1883, sec. 8, 22 Stat. 406; 5 U. S. C., sec. 640.)

199. Members of same family.-That whenever there are already two or more members of a family in the public service in the grades covered by this act, no other member of such family shall be eligible to appointment to any of said grades. (Jan. 16, 1883, sec. 9, 22 Stat. 406; 5 U. S. C., sec. 641.)

200. Recommendations by Senators or Representatives.-That no recommendation of any person who shall apply for office or place under the provisions of this act which may be given by any Senator or member of the House of Representatives, except as to the character or residence of the applicant, shall be received or considered by any person concerned in making any examination or appointment under this act. (Jan. 16, 1883, sec. 10, 22 Stat. 406; 5 U. S. C., sec. 642.)

201. Applications for examination; certificate of residence.-That 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, an actual and bona-fide resident of said county, and had been such resident for a period of not less than six months next preceding; but this provision shall not apply to persons who may be in the service and seek promotion or appointment in other branches of the Government. (July 11, 1890, sec. 1, 26 Stat. 235; 5 U. S. C., sec. 643.)

202. Bureau of Efficiency.-That hereafter the Division of Efficiency of the Civil Service Commission shall be an independent establishment and shall be known as the Bureau of Efficiency. (Feb. 28, 1916, sec. 1, 39 Stat. 15; 5 U. S. C., sec. 646.)

203. Bureau of Efficiency; chief of bureau; reports.-The chief of the Division of Efficiency herein provided for shall be appointed by the President, and shall report to Congress at the beginning of each regular session, through the President, the nature and progress of work undertaken by the division together with a detailed statement of expenditures showing the persons employed, their duties, and the compensation paid to each. (Mar. 4, 1915, sec. 1, 38 Stat. 1007; 5 U. S. C., sec. 647.)

204. Efficiency ratings for classified service in executive departments.The Bureau of Efficiency shall, subject to the approval of the President, establish a system of efficiency ratings for the classified service in the several executive departments in the District of Columbia based upon records kept in each department and independent establishment with such frequency as to make them as nearly as possible records of fact. Such system shall provide a minimum rating of efficiency which must be attained by an employee before he may be promoted; it shall also provide a rating below which no employee may fall without being demoted; it shall further provide for a rating below which no employee may fall without being dismissed for inefficiency. All promotions, demotions, or dismissals shall be governed by the provisions of the civil-service rules. Copies of all records of efficiency shall be furnished by the Departments and independent establishments to the Bureau of Efficiency, for record in accordance with the provisions of this section: Provided, That


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