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National Resources Committee 



often allow exemptions from civil service for certain 

 classes of employees. The wording of the provision 

 varies, as does the extent of the exemption, but the 

 general effect is nuich the same. 



The Bureau of Alines may employ engineers and other 

 experts "in a consulting capacity or in the investiga- 

 tion of special subjects" (37 Stat. 681, 682) ; and the 

 Secretary of the Interior is authorized "in his judgment 

 and discretion, to employ for consultation purjaoses on 

 important reclamation work five consulting engineers, 

 geologists, and economists * * *" (U. S. C. 43 : 

 411b). The Federal Reserve Board is authorized to 

 employ without regard to the civil service laws "such 

 attorneys, experts, assistants, clerks, or other employees 

 as may be deemed necessary to conduct the business of 

 the Board," with the j^roviso that "nothing herein shall 

 prevent the President from placing said emjjloyees in 

 the classified service" (38 Stat. 251, 262-3) ; and the 

 Rural Electrification Administration may "appoint and 

 fix the compensation of attorneys, engineers, and ex- 

 perts" without regard to the civil service laws, to which, 

 however, all other employees are to be subject. (49 

 Stat. 1363.) For the collection and editing of the offi- 

 cial papers relating to the original territories of the 

 United States, the Department of State is authorized 

 to employ on a non-civil-service basis "not to exceed 

 five historical experts, especially informed on the vari- 

 ous phases of the territorial history of the United 

 States" (U. S. C. 5: 168a); and all employees of the 

 National Archives "shall be appointed by the Archivist 

 solely with reference to their fitness for their particular 

 duties and without regard to ci^nl service law * * *." 

 The appointment of any employee whose salary is 

 $5,000 or over, however, is subject to confirmation by 

 the Senate. (U. S. C. 10: 232.) 



In other cases, the provision is expressed in negative 

 rather than positive terms. All employees of the 

 United States Tariff Commission, for example, are to 

 be appointed in accordance with the civil service laws 

 "with the exception of * * * such special experts 

 as the Commission may, from time to time, find neces- 

 sary for the conduct of its work" (39 Stat. 795, 796) ; 

 and a substantially identical paragi-aph appears in the 

 act creating the Federal Trade Commission. (38 Stat. 

 717, 718.) The Central Statistical Board may make 

 use of unclassified temporary emploj'ees only with the 

 consent of the Civil Service Commission and for not 

 more than 12 months (49 Stat. 498, 499) ; wliile "any 

 persons with technical or practical knowledge may 

 be employed and compensated" under the act setting 

 up the Soil Conservation Service, "on a basis to be 

 determined by the Civil Service Commission." (49 

 Stat. 163.) 



Under the act creating the United States Housing 

 Authority (50 Stat. 888), employees of professional 



grade — that is, those whose compensation is in excess 

 of $1,980 per annum — are not subject to the civil serv- 

 ice laws; and appointments to positions paying more 

 than $7,500 yearly are subject to confirmation by the 

 Senate. Appointments outside the civil service by the 

 Federal Power Commission are limited to "a seci'etary, 

 a general counsel, a chief engineer, a solicitor, and a 

 chief accountant." (46 Stat. 797, 798.) AVith the 

 Federal Communications Commission this leeway in 

 appointment is extended to include "a secretary, a 

 director for each division, a chief engineer, and not 

 more than three assistants, a general counsel and not 

 ntore than three assistants, and temporary counsel 

 designated by the Commission for the performance of 

 special services." (48 Stat. 1064, 1067.) The United 

 States Maritime Commission — 



* * * may appoint and prescribe tlie duties and fix the 

 salaries of a secretary, a general counsel, a clerk to each 

 member of the Commis.sion, and not more than 3 assistants, 

 not more than a total of 12 each of naval architects, special 

 experts, attorneys, and examiners, and not more than 2 

 inspectors at each shipyard at which vessels are being con- 

 structed by it or under its supervision * * * (49 Stat. 

 1985, 19S6.) 



Necessary attorneys and experts may also be appointed 

 outside the civil service by the Interstate Commerce 

 Commission and the Securities and Exchange Com- 

 mission. 



Although none of the employees of the Tennessee 

 Valley Authority is under the civil service, the Author- 

 ity must "provide a system of organization to fix re- 

 sponsibility and promote efficiency." The T. V. A. also 

 possesses the very important power to remove em- 

 ployees "in the discretion of the board." Employees 

 of such other emergency agencies as the Works Prog- 

 ress Administration and the Fann Security Adminis- 

 tration are not at the time of writing (July 1938) 

 under the civil service. 



While the executive secretary of the National Labor 

 Relations Board and its attorneys, examiners, and re- 

 gional directors are outside the civil service, they are 

 subject to the Classification Act of 1923, as amended. 

 The Bituminous Coal Act of 1937 provides in the same 

 connection that "no person appointed without regard 

 to the provisions of the civil-service laws shall be 

 related to any member of the Commission by marriage 

 or within the third degree by blood." 



Moneys received by the Secretary of Commerce for 

 special statistical studies made at the request of private 

 individuals or nongovernmental agencies "may be used, 

 m the discretion of the Secretary of Commerce, and 

 notwithstanding any other provision of law, for the 

 ordinary expenses incidental to the work and/or to 

 secure in connection therewith the special services of 



