Executive Order 3461

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Executive Order 3461 (1921)
by President of the United States

Revocation of Emergency War Orders613891

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See the Notes section for a list of Executive Orders affected by or related to the issuance of this Executive Order.

Signed by President Warren G. Harding Monday, May 16, 1921

613891Executive Order 3461 — Revocation of Emergency War Orders6138911921President of the United States

The joint resolution of March 3, 1921, declaring that certain acts of Congress, joint resolutions, and proclamations shall be construed as if the war with Germany and Austria-Hungary had ended and the present or existing emergency expired, provides, among other things, that in interpreting the provisions relative to the duration or termination of the war ‘‘the date when this resolution becomes effective shall be construed and treated as the date of the termination of the war or of the present existing emergency.’’ Therefore, all Executive orders and amendments to the civil service rules authorizing appointments, promotions, or removals without full compliance with the civil service laws and rules, because of war emergencies existing at the time, are hereby revoked.

A list of the orders revoked by this order is as follows, to wit:

‘‘1.	The Executive order of March 26, 1917, which permitted the Civil Service Commission, when necessary, to authorize appointments on noncompetitive tests of fitness.
‘‘2.	The Executive order of April 7, 1917, permitting removal of any employee upon grounds that his retention would be inimical to public welfare.
‘‘3.	The Executive order of April 14, 1917, permitting employees of the Treasury Department to serve upon State, county, or municipal committees of public defense.
‘‘4.	The Executive order of April 17, 1917, permitting employment by the Council of National Defense without reference to the requirements of the civil service act and rules.
‘‘5.	The Executive order of April 18, 1917, authorizing the Civil Service Commission to adopt the eligible lists of State, county, and municipal civil service commissions.
‘‘6.	Executive order of April 30, 1917, permitting employment of experts and high-grade civilian assistants in the Navy Department, payable from an allotment for the 'National Security and Defense,' without reference to the requirements of the civil service act and rules.
‘‘7.	Executive order of May 9, 1917, authorizing appointment on noncompetitive examination of retired noncommissioned officers, Signal Service, Medical Department, and Quartermaster Corps, to positions of military storekeeper.
‘‘8.	Executive order of May 11, 1917, authorizing commission to permit appointments without reference to the requirements of the civil service act and rules of civilian employees attached to military organizations sent to Europe.
‘‘9.	Executive order of June 4, 1917, permitting employment by the War Department of inspection staffs of the allied countries on duty at munition factories in this country.
‘‘10.	Executive order of July 10, 1917, excepting from examination, as may be found necessary during the war, of subclerical and nonclerical employees constituting the working force for operating the piers at Hoboken, N. J., and other seaports.
‘‘11.	Executive order of September 27, 1917, authorizing appointment without examination of one executive secretary and one private secretary to each State food administrator, United States Food Administration.
‘‘12.	Executive order of October 3, 1917, authorizing appointment without examination of one private secretary or confidential clerk to each member of the Exports Administrative Board. (Schedule A, subdiv. XV, par. 1.)
‘‘13.	Executive order of October 13, 1917, amending Schedule A, subdivision IV, paragraph 15, permitting certain appointments at McCook Field, Dayton, Ohio, without examination.
‘‘14.	Executive order of October 15, 1917, permitting civilian employees of the Commission on Training Camp Activities to be appointed without regard to the civil-service rules for the period of the war.
‘‘15.	Executive order of October 25, 1917, permitting appointment without examination of one executive secretary and one private secretary to each State fuel administrator.
‘‘16.	Executive order of October 25, 1917, authorizing appointment without examination of newspaper readers and translators selected by the Postmaster General for filling certain confidential positions under trading with the enemy act.
‘‘17.	Executive order of October 27, 1917, permitting appointment on noncompetitive examination of production experts in the Signal Service at Large. (Schedule B, subdiv. IV, par. 3.)
‘‘18.	Executive order of November 9, 1917, permitting reinstatement of former printer's assistants and operatives in the Bureau of Engraving and Printing without reference to the year limit.
‘‘19.	Executive order of November 10, 1917, authorizing appointments without examination to Food Administration Board and Fuel Administration, offices created to exist only during the war.
‘‘20.	Executive order of November 22, 1917, permitting appointment without examination of one private secretary to each State explosives inspector employed under the explosives administration.
‘‘21.	Executive order of November 22, 1917, continuing orders of September 14, 1915, June 19, 1916, and July 9, 1917, permitting appointment without examination of watchmen in the office of the Superintendent of the State, War, and Navy Departments Building when filled by men who had served two enlistments in the military service.
‘‘22.	Executive order of November 23, 1917, authorizing the Secretary of the Interior, for the period of the war only, to employ such persons as might be needed in connection with the work relating to gases and chemicals used in war, without examination under the civil service rules.
‘‘23.	Executive order of November 24, 1917, preventing any department or Government establishment .at Washington, during the period of the war, from giving or offering employment to any employee in any other part of the service without the written consent of the head of the department or establishment in which such person was then employed.
‘‘24.	Executive order of November 24, 1917, permitting the position of aeronautical draftsman, under the Navy Department, to be filled upon noncompetitive examination during the war emergency and for the minimum length of time thereafter deemed necessary.
‘‘25.	Executive order of November 30, 1917, permitting employment without examination in the military intelligence section in the office of the Chief of Ordnance of supervising investigators and special inspectors.
‘‘26.	Executive order of December 1, 1917. permitting appointment of a temporary rural carrier of a person upon whom the principal support of dependents of the regular carrier fall while he is absent on military duty.
‘‘27.	Executive orders of December 5, 1917, and May 29, 1918, permitting the Civil Service Commission to authorize appointments without regard to the civil service rules of persons to be employed in the Ordnance Department in Canada, when such action is necessary.
‘‘28.	Executive order of January 15, 1918, authorizing the Secretary of the Treasury to make appointments during the war to various positions in the Bureau of Engraving and Printing without reference to the civil service rules.
‘‘29.	Executive order of January 26. 1918, authorizing appointment on noncompetitive examination under schedule B of the civil-service rules of not to exceed 10 clerical positions in the War College Division for highly confidential service during the war.
‘‘30.	Executive order of February 14, 1918, authorizing the Secretary of War to make appointments during the continuance of the war to various positions in the Gas Defense Service without reference to the civil service rules.
‘‘31.	Executive order of March 19. 1918, exempting from provisions of the civil-service act and rules appointments at plants commandeered by the Ordnance Department.
‘‘32.	Executive order of March 19, 1918, authorizing appointments at Government explosive plants for the duration of the war without reference to the civil service act and rules.
‘‘33.	Executive order of March 29, 1918, authorizing Secretary of Labor during the continuance of the war to make appointments to various positions in the United States Employment Service without regard to the civil-service rules.
‘‘34.	Executive order of March 30, 1918, permitting promotions of messenger boys and messenger girls to apportioned subclerical positions.
‘‘35.	Executive order of April 4, 1918, amending Schedule B to permit appointment on noncompetitive examination to not to exceed 20 clerical positions in the military intelligence branch, executive division, general staff, during the continuance of the war only for highly confidential service.
‘‘36.	Executive order of April 30, 1918, permitting appointment of censorship employees under the Post Office Department without reference to the civilservice rules.
‘‘37.	Executive order of May 31, 1918, placing in the nonapportioned service for the period of the war the positions of elevator conductor when filled by the appointment of women.
‘‘38.	Executive order of May 31, 1918, permitting the War Industries Board, in view of the confidential nature of its work, to make appointments without reference to the civil-service act and rules of such persons as are best adapted to its work in the judgment of those in responsible charge.
‘‘39.	Executive order of June 24, 1918, permitting the Public Printer, during the period of the war, to appoint skilled laborers without reference to the civilservice act and rules.
‘‘40.	Executive order of July 19, 1918, authorizing the Secretary of War during the continuance of the war to make appointments, without reference to the civil-service act and rules, in the Research Division, Chemical Warfare Service, American University.
‘‘41.	Executive order of July 22, 1918, authorizing the Secretary of Labor, during the continuance of the war, to make appointments in the War Labor Administration Service without reference to the civil-service rules.
‘‘42.	Executive order of September 19, 1918, authorizing the Civil Service Commission to permit, in its discretion, during the period of the war, employment without examination for Secret intelligence Service.
‘‘43.	Executive order of October 11, 1918, permitting the Secretary of Labor during the war to make appointments to the Passport Permit Service without reference to the civil-service rules.
‘‘44.	Executive order of November 16, 1918, amending schedule A of the civil-service rules to permit appointments to certain positions, without examination during the war, in the Forest Products Laboratory, Madison, Wis.
‘‘45.	Executive order of November 16, 1918, amending schedule A, subdivision I, paragraph 15, to permit appointments to clerical positions in the Federal service on the Isthmus of Panama at not more than $106 a month, without examination, during the unusual conditions due to the war, and to continue not longer than six months from the end of the war. This amendment raised the salary at which appointments could be made, without examination, from $75 a month to $106 a month.’’

Employees appointed under the orders which are hereby revoked, serving in positions which are permanent under peace conditions, shall not hereby be given a competitive classified status, but may, in the discretion of the head of the department or independent establishment where now employed, continue in their present excepted status and in their present positions or such allied positions as the commission may approve.