By virtue of and pursuant to the authority vested in me by the Constitution, by section 1753 of the Revised Statutes (U.S.C., title 5, sec. 631), by the Civil Service Act of January 16, 1883 (22 Stat. 403), and as President of the United States, the Civil Service Rules are hereby amended, effective February 1, 1939, to read as follows:
No interference with elections. No person in the executive civil service shall use his official authority or influence for the purpose of interfering with an election or affecting the results thereof. Persons who by the provisions of these rules are in the competitive classified service, while retaining the right to vote as they please and to express privately their opinions on all political subjects, shall take no active part in political management or in political campaigns.
No disclosure or discriminations. No question in any form of application or in any examination shall be so framed as to elicit information concerning the political or religious opinions or affiliations of any applicant, nor shall any inquiry be made concerning such opinions or affiliations, and all disclosures thereof shall be discountenanced. No discrimination shall be exercised, threatened, or promised by any person in the executive civil service against or in favor of an applicant, eligible, or employee in the classified service because of his political or religious opinions or affiliations.
Recommendations not considered. No recommendation of an applicant, eligible, or employee in the classified service involving disclosure of his political or religious opinions or affiliations shall be considered or filed by the Civil Service Commission, hereinafter called the Commission, or by any officer concerned in making appointments or promotions.
Extent of the classified service. The classified service shall include all persons who have heretofore or may hereafter be given a competitive status in the classified civil service, with or without competitive examination, by legislative enactment, or under the civil service rules promulgated by the President, or by executive orders covering groups of employees with their positions into the competitive classified service, or authorizing the appointment of individuals to positions within such service. It shall include all positions now existing or hereafter created by legislative or executive action, of whatever function or designation, whether compensated by a fixed salary or otherwise, unless excepted from classification by specific affirmative legislative or executive action. No right of classification shall accrue to persons whose appointment or assignment to classified duties is in violation of the civil service rules.
Examination required. No person shall be appointed, employed, promoted, or transferred in the classified service, or perform the duties of any position therein, until he passes the examination prescribed by the Commission in his case, unless especially exempted.
Appointment without examination.
The incumbent of any excepted position so filled will not be entitled to protection against removal afforded by these rules; nor will the incumbent of any excepted-by-law position so filled be entitled to the benefits of the Civil Service Retirement Act solely by virtue of such employment.
Assignment of excepted employees. A person appointed without competitive examination under section 3 of this rule or by authority of an act of Congress shall not be assigned to the work of a competitive classified position without the approval of the Commission or specific provision of law.
Laborers. Laborers who, in connection with their usual duties, are to perform work of the grade performed by classified employees shall be appointed upon certification by the Commission from appropriate registers of eligibles in the manner provided by these rules; and a person employed merely as a laborer or workman without examination under these rules shall not be assigned to work of the grade performed by classified employees. Unclassified laborers may be assigned to classified work incidentally, but not as a part of their main work, in cases where such work cannot be conveniently and economically done by classified employees, but not without the prior consent of the Commission obtained before such assignment.
Excepted employees when classified. Except as provided in section 7 of this rule a person holding a position when it becomes classified or otherwise subject to competitive examination shall, upon recommendation to the Commission by the head of the department or establishment in which he is employed, have all the rights which he would acquire if appointed thereto upon competitive examination: Provided,