who have been discharged from the Army since July 1, 1937, and who also agree to complete expeditiously their naturalization and become citizens of the United States may be reenlisted and receive the pay to which, except for the aforesaid proviso, they would otherwise be legally entitled: Provided, That Filipinos who were serving in the Army on July 1, 1937, may be reenlisted without regard to their citizenship status, and receive the pay to which otherwise legally entitled. Act of Aug. 19, 1937 (50 Stat. 696).

The words italicized were omitted, and the words in brackets added, in the first paragraph supra, as repeated in the appropriation act for the fiscal year 1939 (52 Stat. 646). Similar provisions are found in section 5, Treasury and Post Office Department Appropriation Act of March 28, 1938 (52 Stat. 148); section 3, State, Justice, Commerce, and Labor Departments Appropriation Act of April 27, 1938 (52 Stat. 289); section 5, Independent Offices Appropriation Act of May 23, 1938 (52 Stat. 435). The term "declaration of intention" as used in these provisions is defined in section 207, Deficiency Appropriation Act of June 25, 1938 (52 Stat. 1163).

567. Appointment; oath of office. That section seventeen hundred and fifty-six of the Revised Statutes be, and the same is hereby, repealed; and hereafter the oath to be taken by any person elected or appointed to any office of honor or profit either in the civil, military, or naval service, except the President of the United States, shall be as prescribed in section seventeen hundred and fifty-seven of the Revised Statutes. But this repeal shall not affect the oaths prescribed by existing statutes in relation to the performance of duties in special or particular subordinate offices and employments. Sec. 2, act of May 13, 1884 (23 Stat. 22); 5 U. 8. C. 16.

Whenever any person

is elected or appointed to any office of honor • he shall, before the following

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or trust under the Government of the United States, entering upon the duties of his office, take and subscribe oath: "I, A. B., do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God." R. S. 1757; 5 U. S. C. 16.

The oath of office taken by any person pursuant to the requirements of section seventeen hundred and fifty-six, or of section seventeen hundred and fifty-seven, shall be delivered in by him to be preserved among the files of the House of Congress, department, or court to which the office in respect to which oath is made may appertain. R. S. 1759; 5 U. S. C. 21.

That civilian employees of the executive departments and independent establishments of the United States who, upon original appointment, have subscribed to the oath of office required by section 1757 of the Revised Statutes, shall not be required to renew the said oath because of any change in status so long as their services are continuous in the department or independent establishment in which employed, unless in the opinion of the head of the department or independent establishment the public interests require such renewal. Act of Aug. 14, 1937 (50 Stat. 640); 5 U. S. C. 17b.

568. Appointment; payments to procure. That it shall be unlawful to pay or offer or promise to pay any sum of money, or any other thing of value, to any person, firm, or corporation in consideration of the use or promise to use any influence whatsoever to procure any appointive office under the Government of the United States for any person whatsoever. Sec. 1, act of December 11, 1926 (44 Stat. 918); 18 U. S. C. 149.

It shall be unlawful to solicit or receive from anyone whatsoever, either as a political contribution or for personal emolument, any sum of money, or thing of value whatsoever in consideration of the promise of support, or use of influence, or for the support or influence of the payee, in behalf of the person paying the money, or any other person, in obtaining any appointive office under the Government of the United States. Sec. 2, act of December 11, 1926 (44 Stat. 918); 18 U. S. C. 150.

Anyone convicted of violating this act shall be punished by imprisonment of not more than one year, or by a fine of not more than $1,000, or by both such fine and Imprisonment. Sec. 3, act of December 11, 1926 (44 Stat. 918); 18 U. S. C. 151.

569. Appointment; affidavit as to payments.-That each individual hereafter appointed as a civil officer of the United States by the President, by and with the advice and consent of the Senate, or by the President alone, or by a court of law, or by the head of a department, shall within thirty days after the effective date of his appointment file with the Comptroller General of the United States an affidavit stating that neither he nor anyone acting in his behalf has given, transferred, promised, or paid any consideration for or in the expectation or hope of receiving assistance in securing such appointment. Sec. 1, act of December 11, 1926 (44 Stat. 918); pub. res. of March 2, 1927 (44 Stat. 1346); 5 U. S .C. 21a. No salary shall be paid to any individual required under section 1 to file an affidavit until such affidavit has been filed. Sec. 2, act of December 11, 1926 (44 Stat. 919); 5 U. S. C. 21b.

Notes of Decisions

Scope of act.-Indictment for conspiracy | States applied only to civil officers (Act to solicit money for obtaining appointment Dec. 11, 1926, sec. 1, as amended by Act as West Point cadet, held to charge con- March 2, 1927, and sec. 2, 5 U. S. C. A. secs. spiracy to commit offense against United 21a, 21b; 18 U. S. C. A. sec. 150). Hoeppel States as against contention that statute v. U. S. (App. D. C., 1936), 85 F. (2d) 237; penalizing soliciting moneys in consideration certiorari denied 299 U. S. 557; rebearing of support or influence in obtaining ap- denied (1936) 299 U. S. 622. pointive office under government of United

570. Appointment; civil service rules and regulations.--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 the 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. 1753; 5 U. S. C. 631.

That it shall be the duty of said commissioners:

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.

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

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.

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.

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.

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

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.

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.

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.

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.

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 eighth 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.

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. Sec. 2, act of Jan. 16, 1883 (22 Stat. 403); act of July 26, 1937 (50 Stat. 534); 5 U. S. C. 633.

The authority conferred upon the President by the first paragraph of this section was not taken away by the second paragraph, creating the Civil Service Commission, except as provided in 571, post.

A general amendment of Civil Service Rules I-XVI, inclusive, was promulgated in Executive Order No. 7915, June 24, 1938, to be effective February 1, 1939.

By Executive Order No. 7916, June 24, 1938, all positions in the Executive civil service not exempted by statute (except policy-determining positions and those which special circumstances may require to be exempted), are covered into the competitive classified civil service. Incumbents of such positions may acquire a civil service status upon passing a suitable noncompetitive examination. A Division of Personnel Supervision and Management, headed by a Director of Personnel, is established in each Executive department and independent establishment, and a Council of Personnel Administration, consisting of the Directors of Personnel of the several departments and independent establishments and other members to be designated by the President. Practical training courses for employees are to be established by the Civil Service Commission.

The independent establishments required to establish Divisions of Personnel Supervision and Management were designated by Executive Order No. 7975-A, September 16, 1938.

By Executive Order No. 8044, January 31, 1939, Executive Order No. 7916, supra, was suspended and made inoperative until further notice as to positions of a highly confidential character, professional and scientific positions, and administrative and technical positions, A Committee was appointed to study methods of recruiting personnel for positions of the kinds enumerated and report to the President as soon as possible.

Executive Order No. 8043, January 31, 1939, lists positions excepted from examination under section 3, Civil Service Rule II.

571. Examination for appointment; in general. 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 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; 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 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. Sec. 7, act of Jan. 16, 1883 (22 Stat. 406); 5 U. S. C. 638. Provisions of R. S. 164, for examination for appointment of clerks in the executive departments, were superseded by those of this act.

R. S. 1754 and 1753, cited in this section, are found in 671, post, and 570, ante, respectively.

The act of June 25, 1938 (52 Stat. 1076) extends the classified civil service to include postmasters of the first, second, and third classes.

572. Examination for appointment; penalty for fraud.--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. Sec. 5, act of Jan. 16, 1883 (22 Stat. 405);

5 U. S. C. 637.

573. This section, based on section 7, act of March 3, 1919 (40 Stat. 1293), 5 U. S. C. 644, was specifically repealed by section 21, act of June 18, 1929 (46 Stat. 26).

574. Appointments; notification to General Accounting Office.-Whenever the President, without the advice and consent of the Senate, designates, authorizes, or employs any person to perform the duties of any office, he shall forthwith notify the Secretary of the Treasury thereof, and the Secretary of the Treasury shall thereupon communicate such notice to all the proper accounting and disbursing officers of his department. R. S. 1774; 5 U. S. C. 13.

The Secretary of the Senate shall, at the close of each session thereof, deliver to the Secretary of the Treasury, and to each of the Assistant Secretaries of the Treasury, and to each of the Auditors, and to each of the Comptrollers in the Treasury, and to the Treasurer, and to the Register of the Treasury, a full and complete list, duly certified, of all the persons who have been nominated to and rejected by the Senate during such session, and a like list of all the offices to which nominations have been made and not confirmed and filled at such session. R. 8. 1775; 5 U. S. C. 14.

See 1646, post, transferring the duties of the accounting and disbursing officers, and of the auditors of the Treasury Department to the General Accounting Office.

Of the two Comptrollers in the Treasury, mentioned in this section, who were authorized by R. S. 268, the designation of the First Comptroller was changed to Comptroller of the Treasury, and the office of Second Comptroller was abolished and its duties, powers, etc., were transferred to the Comptroller, by sec. 4 of the Dockery Act of July 31, 1894 (28 Stat. 205).

574a. Appointment; proof of residence. 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 county, and had been such resident for a period of not less than one year next preceding, 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. Act of July 11, 1890 (26 Stat. 235); act of May 15, 1937 (50 Stat. 168); 5 U. S. C. 643. 575. Appointments; temporary. That nothing contained in this act shall be construed to make permanent any temporary appointments under existing law. Sec. 11, act Mar. 4, 1923 (42 Stat. 1491); 5 U. S. O. 671.

This is from The Classification Act of 1923, other sections of which are found in 1600, post, et seq.

576. Appointment of women.-Women may, in the discretion of the head of any department, be appointed to any of the clerkships therein authorized by law, upon the same requisites and conditions, and with the same compensations, as are prescribed for men. R. 8. 165; 5 U. S. C. 33.

For provision respecting equality of pay, see 1602, post.

577. Appointment of wife of a soldier or sailor.-That the wife of a soldier or sailor serving in the present war shall not be disqualified for any position or appointment under the Government because she is a married woman. Sec. 5, act of Aug. 31, 1918 (40 Stat. 956); 5 U. S. C. 36.

The title of the act of Aug. 31, 1918, declares it to be generally amendatory of the act of May 18, 1917 (40 Stat. 76).

577a. Appointment of members of same family.--Whenever there are already two or more members of a family in the public service in the grades covered by this Act, no other members of such family shall be eligible to appointment to any of said grades. Sec. 9, act of Jan. 16, 1883 (22 Stat. 406); 5 U. S. C. 641.

War Department Circular No. 11, February 28, 1935, as amended by War Department Circular No. 43, July 3, 1936, directs that where there is already one member of a family in the Government service (excepting the enlisted service of the Army and Navy), no other member of such family shall be appointed in a civilian position in or under the War Department; and that in separations due to reduction of force, the first to be separated shall be those who have another family member in the Government service (except enlisted men or persons entitled to military preference).

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