Executive Order 10180—Establishing Special Personnel Procedures in the Interest of the National Defense

By virtue of the authority vested in me by section 2 of the Civil Service act (22 Stat. 403), by section 3 of the Civil Service Retirement Act of May 29, 1930, as amended by section 3 of the act of January 24, 1942, 56 Stat. 15, by section 1753 of the Revised Statutes (5 U.S.C. 631), and in effectuation of the purposes of section 1302 of the Supplemental Appropriation Act, 1951 (Public Law 843, 81st Congress), it is hereby ordered as follows: SECTION 1. (a) On and after December 1, 1950, and until such time as the President may find it no longer necessary in the interest of the national defense, all appointments in the executive branch of the Government shall be made on a non-permanent basis except those of Presidential appointees and postmasters in all classes of post offices: Provided, that permanent appointments are authorized whenever, in unusual circumstances, the Civil Service Commission for positions in the competitive service, or the head of the agency concerned for positions outside the competitive service, determines that permanent appointments are in the interest of the Government: And provided further, that agencies may appoint on a permanent basis persons selected for permanent appointment prior to December 1, 1950. (b) On and after September 1, 1950, and until such time as the President may find it no longer necessary in the interest of the national defense, all promotions, transfers of personnel from one agency to another, and, except as provided by section 2(b) hereof, reemployment of former Federal employees shall be on a nonpermanent basis; and on and after December 1, 1950, any reassignment may, in the discretion of the head of the agency concerned, be on either a permanent or nonpermanent basis. (c) To the extent no inconsistent with this order, appointments and position changes in the competitive service shall be made in accordance with civil service laws, rules, and regulations, and appointments and position changes outside the competitive service shall be made in accordance with such regulations and practices as the head of the agency concerned shall find necessary. (d) In making appointments under this order in the competitive service the recruiting facilities of the Commission and its boards and committees of examiners shall be used to the fullest extent. SEC. 2. (a) The Civil Service Commission, whenever it determines it to be necessary in the interest of the national defense, shall prescribe regulations governing the release of employees (both within and outside the competitive service) by any agency in the executive branch of the Government for employment in any other agency, and governing the establishment, granting, and exercise of rights to reemployment in the agencies from which employees are released. (b) In carrying out the provisions of section 9 of the Selective Service act of 1948, as amended, or any other legal authority granting the right to reemployment in the Federal service, the Commission shall prescribe regulations limiting the right to reemployment of an individual to employment in the last position he occupied on a permanent basis or in one of equal seniority, status, and pay: Provided, that in such cases the Commission may by regulation provide for nonpermanent reemployment in a position of higher grade or salary. SEC. 3. Persons given nonpermanent appointments pursuant to section 1 of this order are hereby excluded from the operation of the Civil Service Retirement Act of May 29, 1930, as amended, unless eligible for retirement benefits by continuity of service or by reinstatement, or otherwise. SEC. 4. The Civil Service Commission is authorized to prescribe regulations and procedures, in addition to those otherwise authorized herein, for carrying out its functions and duties under this order. HARRY S. TRUMAN THE WHITE HOUSE, November 13, 1950