Executive Order 10440

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By virtue of the authority vested in me by section 1753 of the Revised Statutes of the United States (5 U.S.C. 631), by the Civil Service Act of January 16, 1883 (22 Stat. 403), and by section 301 of title 3 of the United States Code, and as President of the United States, it is ordered as follows:


Section 1.Civil Service Rule VI, as established by Executive Order No. 9830 of February 24, 1947, and as amended by Executive Order No. 9973 of June 28, 1948, is hereby further amended to read as follows:


RULE VI − EXCEPTIONS FROM THE COMPETITIVE SERVICE


Sec. 6.1.Authority to except positions from the competitive service.

(a) The Commission is authorized to except from the competitive service and to place in appropriate schedules positions to which appointments through competitive examination are not practicable and, upon the recommendation of the agency concerned, positions which are of a confidential or policy-determining character. Such exceptions from the competitive service shall be effective upon publication thereof in the Federal Register. Positions excepted by the Commission shall be listed in the Commission's annual report for the fiscal year in which the exceptions are made.
(b) The Commission shall decide whether the duties of any particular position are such that it may be classified as an excepted position.


Sec. 6.2.Classes of excepted positions.

The Commission shall classify positions that it excepts as follows:
Schedule A. Positions other than those of a confidential or policy-determining character for which it is not practicable to examine shall be placed in Schedule A.
Schedule B. Positions other than those of a confidential or policy-determining character for which it is not practicable to hold a competitive examination shall be placed in Schedule B. Appointments to these positions shall be subject to such noncompetitive examination as may be prescribed by the Commission.
Schedule C. Positions of a confidential or policy-determining character shall be placed in Schedule C.


Sec. 6.3.Status of incumbents of excepted positions.

Persons given excepted appointments to positions listed in Schedules A, B, and C or to positions excepted from the competitive service by statute shall not acquire a competitive status by reason of such appointments. Persons appointed to such positions in the same manner as competitive positions are filled may acquire a competitive status in accordance with the Civil Service Rules and Regulations.


Sec. 6.4.Removal of incumbents of excepted positions.

Except as may be required by the Veterans' Preference Act, the Civil Service Rules and Regulations shall not apply to removals from positions listed in Schedule C or from positions excepted from the competitive service by statute. The Civil Service Rules and Regulations shall apply to removals from positions listed in Schedules A and B of persons who have competitive status, however they may have been or may be appointed.


Sec. 6.5.Assignment of excepted employees.

Persons who are appointed to excepted positions without competitive examination shall not be assigned to the work of a position in the competitive service without prior approval of the Commission.


Sec. 6.6.Revocation of exceptions.

The Commission may remove any position from or may revoke in whole or in part any provision of Schedule A or B, and, with the concurrence of the agency concerned, may remove any position from or may revoke in whole or in part any provision of Schedule C. Such changes shall become effective upon publication thereof in the Federal Register.


Sec. 2.The Commission shall classify the positions now listed in Schedules A and B into Schedules A, B, and C as provided in this order. The positions in Schedules A and B as presently constituted shall continue therein until the Commission has taken action with respect to such positions under this order.


Signature of Dwight D. Eisenhower
Dwight D. Eisenhower
The White House,
March 31, 1953.

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This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).