A-50110, JULY 27, 1933, 13 COMP. GEN. 22

A-50110: Jul 27, 1933

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IT IS NOT TO BE IMPLIED THAT ANY PARTICULAR OFFICE OR POSITION UNDER AN ORGANIZATION OR AGENCY TRANSFERRED TO OR CONSOLIDATED WITH ANOTHER ORGANIZATION OR AGENCY. IS AUTOMATICALLY ABOLISHED BY THE EXECUTIVE ORDER. THE ELIMINATION OR DISCONTINUANCE OF UNNECESSARY OFFICES OR POSITIONS IN THE ORGANIZATION OF THE NEWLY CREATED OR SUCCESSOR AGENCY IS A MATTER FOR ADMINISTRATIVE CONSIDERATION AND ACTION CONSISTENT WITH EXISTING LAW. ALL PERSONNEL EMPLOYED IN CONNECTION WITH THE WORK OF THE BUREAUS OF INTERNAL REVENUE AND INDUSTRIAL ALCOHOL OF THE TREASURY DEPARTMENT WHICH ARE CONSOLIDATED INTO THE DIVISION OF INTERNAL REVENUE. ARE AUTOMATICALLY SEPARATED FROM THE SERVICE. HAVE THE EFFECT OF CREATING A STATUS PRESERVING THE BENEFITS OF CONTINUOUS EMPLOYMENT TO THE EXTENT OF ACCRUED LEAVE AND CLASSIFICATION.

A-50110, JULY 27, 1933, 13 COMP. GEN. 22

ECONOMY ACT, AMENDED - REORGANIZATION - BUREAUS OF INTERNAL REVENUE AND INDUSTRIAL ALCOHOL IN THE ABSENCE OF A PROVISION IN THE EXECUTIVE ORDER OF JUNE 10, 1933, SO DIRECTING, IT IS NOT TO BE IMPLIED THAT ANY PARTICULAR OFFICE OR POSITION UNDER AN ORGANIZATION OR AGENCY TRANSFERRED TO OR CONSOLIDATED WITH ANOTHER ORGANIZATION OR AGENCY, SUCH AS THE BUREAUS OF INTERNAL REVENUE AND INDUSTRIAL ALCOHOL OF THE TREASURY DEPARTMENT, IS AUTOMATICALLY ABOLISHED BY THE EXECUTIVE ORDER. THE ELIMINATION OR DISCONTINUANCE OF UNNECESSARY OFFICES OR POSITIONS IN THE ORGANIZATION OF THE NEWLY CREATED OR SUCCESSOR AGENCY IS A MATTER FOR ADMINISTRATIVE CONSIDERATION AND ACTION CONSISTENT WITH EXISTING LAW. UNDER SECTION 19 OF THE EXECUTIVE ORDER OF JUNE 10, 1933, ALL PERSONNEL EMPLOYED IN CONNECTION WITH THE WORK OF THE BUREAUS OF INTERNAL REVENUE AND INDUSTRIAL ALCOHOL OF THE TREASURY DEPARTMENT WHICH ARE CONSOLIDATED INTO THE DIVISION OF INTERNAL REVENUE, INCLUDING PRESIDENTIAL APPOINTEES, AND BOTH IN THE DEPARTMENTAL SERVICE AND THE FIELD SERVICE, ARE AUTOMATICALLY SEPARATED FROM THE SERVICE. THE TERMS OF SECTION 19 OF THE EXECUTIVE ORDER OF JUNE 10, 1933, SEPARATING EMPLOYEES FROM THE SERVICE, BUT WITH THE CONDITION AUTHORIZING THEIR RE-EMPLOYMENT WITHIN 4 MONTHS, HAVE THE EFFECT OF CREATING A STATUS PRESERVING THE BENEFITS OF CONTINUOUS EMPLOYMENT TO THE EXTENT OF ACCRUED LEAVE AND CLASSIFICATION. IF REAPPOINTED OR REEMPLOYED IN THE SAME OFFICE OR POSITION, THE SAME GRADE, WITHOUT FURTHER CLASSIFICATION, WOULD CONTROL PAYMENT OF THE INITIAL SALARY RATE WHICH MAY BE AT THE SAME RATE PREVIOUSLY PAID IN THE GRADE. STATUTORY SALARY RATES REMAIN THE SAME. REAPPOINTED OR REEMPLOYED IN ANOTHER OFFICE OR POSITION, THE INITIAL SALARY RATE, OTHER THAN A STATUTORY ONE, IS FOR FIXING IN ACCORDANCE WITH THE CLASSIFICATION ACT AND THE APPLICABLE DECISIONS WITH REFERENCE THERETO. SUCH PERSONNEL ADJUSTMENTS ARE SUBJECT TO THE RESTRICTIONS AND LIMITATIONS OF THE ECONOMY ACT PROHIBITING ADMINISTRATIVE PROMOTIONS AND FILLING OF VACANCIES. SECTION 213 OF THE ECONOMY ACT DOES NOT RENDER A MARRIED WORKER WHOSE SPOUSE IS IN THE FEDERAL OR DISTRICT OF COLUMBIA SERVICE INELIGIBLE FOR REAPPOINTMENT OR REEMPLOYMENT IN THE CLASSIFIED CIVIL SERVICE PURSUANT TO SECTION 19 OF THE EXECUTIVE ORDER OF JUNE 10, 1933, BUT IN ORGANIZING A SUCCESSOR AGENCY FROM THE PERSONNEL OF ABOLISHED AGENCIES, SECTION 213 OF THE ECONOMY ACT REQUIRES THAT PREFERENCE FOR REAPPOINTMENT UNDER THE TERMS OF THE EXECUTIVE ORDER BE GIVEN TO PERSONS OTHER THAN THOSE WHOSE SPOUSES ARE ALSO IN THE FEDERAL OR DISTRICT OF COLUMBIA SERVICE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, JULY 27, 1933:

CONSIDERATION HAS BEEN GIVEN YOUR LETTER OF JULY 21, 1933, AS FOLLOWS:

REFERENCE IS MADE TO THE EXECUTIVE ORDER REGARDING "ORGANIZATION OF EXECUTIVE AGENCIES," WHICH WAS SUBMITTED TO CONGRESS ON JUNE 10, 1933, PURSUANT TO THE PROVISIONS OF SECTION 407 OF THE ACT OF JUNE 30, 1932, AS AMENDED BY SECTION 16 OF THE ACT OF MARCH 3, 1933, AND SECTION 1, TITLE III OF THE ACT OF MARCH 20, 1933. REFERENCE IS ALSO MADE TO YOUR DECISION OF JULY 8, 1933, A-49686, ADDRESSED TO THE SECRETARY OF LABOR, WHICH ANSWERED CERTAIN QUESTIONS RELATING TO THE INTERPRETATION OF THAT ORDER.

THE EXECUTIVE ORDER PROVIDES, IN PART, AS FOLLOWS:

"SECTION 8.--- INTERNAL REVENUE.

"THE BUREAUS OF INTERNAL REVENUE AND OF INDUSTRIAL ALCOHOL OF THE TREASURY DEPARTMENT ARE CONSOLIDATED IN A DIVISION OF INTERNAL REVENUE, AT THE HEAD OF WHICH SHALL BE A COMMISSIONER OF INTERNAL REVENUE.

"SECTION 19.--- GENERAL PROVISIONS.

"EACH AGENCY, ALL THE FUNCTIONS OF WHICH ARE TRANSFERRED TO OR CONSOLIDATED WITH ANOTHER AGENCY IS ABOLISHED.

"ALL PERSONNEL EMPLOYED IN CONNECTION WITH THE WORK OF AN ABOLISHED AGENCY OR FUNCTION DISPOSED OF SHALL BE SEPARATED FROM THE SERVICE OF THE UNITED STATES, EXCEPT THAT THE HEAD OF ANY SUCCESSOR AGENCY, SUBJECT TO MY APPROVAL, MAY, WITHIN A PERIOD OF 4 MONTHS AFTER TRANSFER OR CONSOLIDATION, REAPPOINT ANY OF SUCH PERSONNEL REQUIRED FOR THE WORK OF THE SUCCESSOR AGENCY WITHOUT REEXAMINATION OR LOSS OF CIVIL SERVICE STATUS.

"SECTION 21.--- DEFINITIONS.

"AS USED IN THIS ORDER---

" "AGENCY" MEANS ANY COMMISSION, INDEPENDENT ESTABLISHMENT, BOARD, BUREAU, DIVISION, SERVICE, OR OFFICE IN THE EXECUTIVE BRANCH OF THE GOVERNMENT.

" "ABOLISHED AGENCY" MEANS ANY AGENCY WHICH IS ABOLISHED, TRANSFERRED, OR CONSOLIDATED.

" "SUCCESSOR AGENCY" MEANS ANY AGENCY TO WHICH IS TRANSFERRED SOME OTHER AGENCY OR FUNCTION, OR WHICH RESULTS FROM THE CONSOLIDATION OF OTHER AGENCIES, OR FUNCTIONS.

" "FUNCTION DISPOSED OF" MEANS ANY FUNCTION ELIMINATED OR TRANSFERRED.'

THE BUREAU OF INTERNAL REVENUE, REFERRED TO IN SAID ORDER, IS AN ORGANIZATION WITHIN THE TREASURY DEPARTMENT WHICH IS EMPLOYED IN THE ADMINISTRATION OF THE INTERNAL-TAX LAWS. MOST OF THE DUTIES INCIDENT TO SAID ADMINISTRATION, HOWEVER, HAVE BEEN CONFERRED BY STATUTE UPON CERTAIN OFFICES, RATHER THAN UPON THE ORGANIZATION ITSELF. A PROBLEM IS NOW PRESENTED, THEREFORE, AS TO WHETHER THE ABOLITION OF THE BUREAU ABOLISHES, AT THE SAME TIME, ALL OF THE SAID STATUTORY OFFICES WHICH PERFORM THEIR FUNCTIONS THROUGH THE OPERATIONS OF THE BUREAU. THIS PROBLEM, RELATING TO THE IMPLIED EXTINGUISHMENT OF OFFICES WHICH OPERATE IN CONNECTION WITH AN ABOLISHED BUREAU, WAS NOT CONSIDERED BY YOU IN YOUR OPINION TO THE SECRETARY OF LABOR, DATED JULY 8, 1933.

YOUR OPINION UPON THE FOLLOWING SPECIFIC QUESTIONS IS RESPECTFULLY REQUESTED:

1. DOES THE EXECUTIVE ORDER ABOLISH THE EXISTING OFFICE OF COMMISSIONER OF INTERNAL REVENUE AND CREATE A NEW OFFICE OF THE SAME NAME? IF YOUR ANSWER IS IN THE AFFIRMATIVE, HOW WILL THE INCUMBENT OF THE NEW OFFICE BE APPOINTED AND HOW WILL HIS COMPENSATION BE DETERMINED?

2. DOES THE ORDER ABOLISH THE OFFICES OF ASSISTANT TO THE COMMISSIONER OF INTERNAL REVENUE, SPECIAL DEPUTY COMMISSIONER OF INTERNAL REVENUE, DEPUTY COMMISSIONERS OF INTERNAL REVENUE, AND GENERAL COUNSEL FOR THE BUREAU OF INTERNAL REVENUE? IF SO, TO WHOM WILL THE FUNCTIONS OF THOSE OFFICES BE TRANSFERRED, HOW WILL THE SUCCESSORS BE APPOINTED AND HOW WILL THE COMPENSATION OF SAID SUCCESSORS BE DETERMINED?

3. DOES THE ORDER ABOLISH THE OFFICES OF THE SEVERAL COLLECTORS OF INTERNAL REVENUE? IF SO, TO WHOM WILL THE FUNCTIONS OF THEIR OFFICES BE TRANSFERRED, HOW WILL THE SUCCESSORS BE APPOINTED, AND HOW WILL THE COMPENSATION OF SAID SUCCESSORS BE DETERMINED?

4. DOES THE ORDER ABOLISH THE OFFICE OF THE COMMISSIONER OF INDUSTRIAL ALCOHOL OR WILL IT CONTINUE TO EXIST IN CONNECTION WITH THE DIVISION OF INTERNAL REVENUE?

5. ASSUMING THAT THE OFFICES OF COMMISSIONER OF INTERNAL REVENUE,ASSISTANT TO THE COMMISSIONER OF INTERNAL REVENUE, SPECIAL DEPUTY COMMISSIONER OF INTERNAL REVENUE, DEPUTY COMMISSIONERS OF INTERNAL REVENUE, GENERAL COUNSEL FOR THE BUREAU OF INTERNAL REVENUE, COLLECTORS OF INTERNAL REVENUE, AND COMMISSIONER OF INDUSTRIAL ALCOHOL ARE NOT ABOLISHED, WILL THE INCUMBENTS OF SAID OFFICES BE SEPARATED FROM THE SERVICE OF THE UNITED STATES UNDER THE PROVISIONS OF THE LAST PARAGRAPH OF SECTION 19 OF SAID ORDER?

6. SHOULD THE PERSONNEL OF THE SEVERAL COLLECTORS' OFFICES, INCLUDING THE DEPUTY COLLECTORS, CLERKS, AND OTHER EMPLOYEES OF THOSE OFFICES, BE REGARDED AS PART OF THE PERSONNEL EMPLOYED IN CONNECTION WITH THE WORK OF THE BUREAU OF INTERNAL REVENUE, WITHIN THE MEANING OF THE LAST PARAGRAPH OF SECTION 19 OF THE EXECUTIVE ORDER?

7. WHERE PERSONS, WHO ARE EMPLOYED IN CONNECTION WITH THE WORK OF THE BUREAU OF INTERNAL REVENUE, ARE REAPPOINTED FOR WORK IN CONNECTION WITH THE SUCCESSOR AGENCY UNDER THE PROVISIONS OF THE LAST PARAGRAPH OF SECTION 19 OF THE EXECUTIVE ORDER, (A) WILL THOSE PERSONS BE PERMITTED TO USE THE ACCRUED LEAVE WHICH THEY EARNED DURING THE COURSE OF THEIR EMPLOYMENT IN THE BUREAU OF INTERNAL REVENUE; AND (B) MAY THEIR CLASSIFICATION AND COMPENSATION, UPON REAPPOINTMENT, BE THE SAME AS AT THE TIME OF THEIR SEPARATION FROM THE SERVICE?

8. WILL MARRIED EMPLOYEES, WHOSE SPOUSES ARE IN THE SERVICE OF THE UNITED STATES OR THE DISTRICT OF COLUMBIA, BE ELIGIBLE FOR REAPPOINTMENT UNDER THE PROVISIONS OF THE LAST PARAGRAPH OF SECTION 19 OF THE EXECUTIVE ORDER? REFERENCE, IN THIS CONNECTION, IS MADE TO THE PROVISIONS OF SECTION 213 OF THE ECONOMY ACT OF JUNE 30, 1932.

THERE IS URGENT NEED FOR AN IMMEDIATE ANSWER TO THE FOREGOING QUESTIONS BECAUSE THEY AFFECT THE ORGANIZATION WHICH IS CHARGED WITH THE COLLECTION OF MOST OF THE REVENUE. THERE IS ENCLOSED, FOR SUCH USE AS YOU CARE TO MAKE OF IT, A MEMORANDUM RELATING TO SOME OF THE ABOVE QUESTIONS, WHICH WAS PREPARED FOR THE GENERAL COUNSEL FOR THE BUREAU OF INTERNAL REVENUE BY CERTAIN ATTORNEYS IN HIS OFFICE.

SECTIONS 403, 404, AND 404 (C) OF THE ECONOMY ACT OF JUNE 30, 1932, AS AMENDED BY THE ACT OF MARCH 3, 1933, 47 STAT. 1518, PROVIDE IN PART AS FOLLOWS:

SEC. 403. WHENEVER THE PRESIDENT, AFTER INVESTIGATION, SHALL FIND AND DECLARE THAT ANY REGROUPING, CONSOLIDATION, TRANSFER, OR ABOLITION OF ANY EXECUTIVE AGENCY OR AGENCIES AND/OR FUNCTIONS THEREOF IS NECESSARY TO ACCOMPLISH ANY OF THE PURPOSES SET FORTH IN SECTION 401 OF THIS TITLE, HE MAY BY EXECUTIVE ORDER:

(A) TRANSFER THE WHOLE OR ANY PART OF ANY EXECUTIVE AGENCY AND/OR THE FUNCTIONS THEREOF TO THE JURISDICTION AND CONTROL OF ANY OTHER EXECUTIVE AGENCY;

(B) CONSOLIDATE THE FUNCTIONS VESTED IN ANY EXECUTIVE AGENCY; OR

(C) ABOLISH THE WHOLE OR ANY PART OF ANY EXECUTIVE AGENCY AND/OR THE FUNCTIONS THEREOF; AND

(D) DESIGNATE AND FIX THE NAME AND FUNCTIONS OF ANY CONSOLIDATED ACTIVITY OR EXECUTIVE AGENCY AND THE TITLE, POWERS, AND DUTIES OF ITS EXECUTIVE HEAD; EXCEPT THAT THE PRESIDENT SHALL NOT HAVE AUTHORITY UNDER THIS TITLE TO ABOLISH OR TRANSFER AN EXECUTIVE DEPARTMENT AND/OR ALL THE FUNCTIONS THEREOF.

SEC. 404. THE PRESIDENT'S ORDER DIRECTING ANY TRANSFER, CONSOLIDATION, OR ELIMINATION UNDER THE PROVISIONS OF THIS TITLE SHALL ALSO MAKE PROVISION FOR THE TRANSFER OR OTHER DISPOSITION OF THE RECORDS, PROPERTY (INCLUDING OFFICE EQUIPMENT), AND PERSONNEL, AFFECTED BY SUCH TRANSFER, CONSOLIDATION, OR ELIMINATION. * * *

SEC. 405. * * *

(C) ALL LAWS RELATING TO ANY EXECUTIVE AGENCY OR FUNCTION TRANSFERRED OR CONSOLIDATED WITH ANY OTHER EXECUTIVE AGENCY OR FUNCTION UNDER THE PROVISIONS OF THIS TITLE, SHALL, INSOFAR AS SUCH LAWS ARE NOT INAPPLICABLE, REMAIN IN FULL FORCE AND EFFECT, AND SHALL BE ADMINISTERED BY THE HEAD OF THE EXECUTIVE AGENCY TO WHICH THE TRANSFER IS MADE OR WITH WHICH THE CONSOLIDATION IS EFFECTED.

PURSUANT TO THE ABOVE-QUOTED STATUTORY PROVISIONS, THE PRESIDENT BY THE EXECUTIVE ORDER OF JUNE 10, 1933, HAS CONSOLIDATED THE EXISTING TWO ACTIVITIES OR AGENCIES KNOWN AS THE BUREAUS OF INTERNAL REVENUE AND INDUSTRIAL ALCOHOL OF THE TREASURY DEPARTMENT INTO A SINGLE ORGANIZATION OR AGENCY TO BE KNOWN AS THE DIVISION OF INTERNAL REVENUE. UNDER THE PROVISIONS OF SECTION 19 OF THE EXECUTIVE ORDER THE EXISTING TWO ORGANIZATIONS OR BUREAUS IN THE TREASURY DEPARTMENT ARE ABOLISHED, BUT THIS DOES NOT NECESSARILY ABOLISH THE OFFICES OR POSITIONS THEREUNDER. THE ABSENCE OF A PROVISION IN THE EXECUTIVE ORDER SO DIRECTING, IT IS NOT TO BE IMPLIED THAT ANY PARTICULAR OFFICE OR POSITION UNDER AN ORGANIZATION OR AGENCY TRANSFERRED TO OR CONSOLIDATED WITH ANOTHER ORGANIZATION OR AGENCY IS AUTOMATICALLY ABOLISHED BY THE EXECUTIVE ORDER. THE ELIMINATION OR DISCONTINUANCE OF UNNECESSARY OFFICES OR POSITIONS IN THE REORGANIZATION OF THE NEWLY CREATED OR SUCCESSOR AGENCY IS A MATTER FOR ADMINISTRATIVE CONSIDERATION AND ACTION CONSISTENT WITH EXISTING LAW. SEE IN THIS CONNECTION SECTION 405 (C) OF THE ECONOMY ACT AS AMENDED, ABOVE QUOTED. THE FIRST FOUR QUESTIONS ARE ANSWERED IN THE NEGATIVE.

IN DECISION OF JULY 8, 1933, A-49686, 13 COMP. GEN. 4, TO WHICH YOU REFER, IT WAS HELD AS FOLLOWS:

SECTION 404 OF THE ECONOMY ACT, AS AMENDED BY THE ACT OF MARCH 3, 1933, SUPRA, DIRECTS THE PRESIDENT TO DISPOSE OF THE PERSONNEL OF ANY AGENCY TRANSFERRED, CONSOLIDATED, OR ELIMINATED. THE FIRST PARAGRAPH OF SECTION 19 OF THE EXECUTIVE ORDER OF JUNE 10, 1933, PROVIDES THAT EACH AGENCY ALL THE FUNCTIONS OF WHICH ARE CONSOLIDATED WITH ANOTHER AGENCY IS ABOLISHED AND THE LAST PARAGRAPH OF SAID SECTION, WHICH IS THE ONLY PORTION OF THE EXECUTIVE ORDER DISPOSING OF PERSONNEL, DIRECTS THAT ALL PERSONNEL EMPLOYED IN CONNECTION WITH THE WORK OF AN ABOLISHED AGENCY OR FUNCTION DISPOSED OF SHALL BE SEPARATED FROM THE SERVICE OF THE UNITED STATES, NO EXCEPTION BEING MADE OF PRESIDENTIAL APPOINTEES. ACCORDINGLY, QUESTION (3) IS ANSWERED IN THE AFFIRMATIVE.

THE SAME PRINCIPLE IS APPLICABLE HERE, WHICH ANSWERS QUESTION 5 IN THE AFFIRMATIVE.

QUESTION 6 IS ANSWERED IN THE AFFIRMATIVE. ALL PERSONNEL EMPLOYED IN CONNECTION WITH THE WORK OF AN ABOLISHED AGENCY OR FUNCTION DISPOSED OF, BOTH IN THE DEPARTMENTAL SERVICE AND IN THE FIELD SERVICE, ARE AUTOMATICALLY SEPARATED FROM THE SERVICE, AND MAY BE REEMPLOYED WITHIN 4 MONTHS PURSUANT TO THE TERMS OF THE LAST PARAGRAPH OF SECTION 19 OF THE EXECUTIVE ORDER.

BOTH QUESTIONS 7 (A) AND 7 (B) ARE ANSWERED IN THE AFFIRMATIVE. THE TERMS OF SECTION 19 OF THE EXECUTIVE ORDER SEPARATING THE EMPLOYEES FROM THE SERVICE, BUT WITH THE CONDITION AUTHORIZING THEIR REEMPLOYMENT WITHIN 4 MONTHS, HAVE THE EFFECT OF CREATING A STATUS PRESERVING THE BENEFITS OF CONTINUOUS EMPLOYMENT TO THE EXTENT OF ACCRUED LEAVE AND CLASSIFICATION. REFERRING TO (B), IF THE OFFICER OR EMPLOYEE IS REAPPOINTED OR REEMPLOYED IN THE SAME OFFICE OR POSITION, THE SAME GRADE WITHOUT FURTHER CLASSIFICATION WOULD CONTROL PAYMENT OF THE INITIAL SALARY RATE, WHICH MAY BE THE SAME RATE PREVIOUSLY PAID IN THE GRADE (3 COMP. GEN. 1004, QUESTION AND ANSWER 6). STATUTORY SALARY RATES REMAIN THE SAME. SEE SECTION 405 (C) OF THE ECONOMY ACT AS AMENDED, ABOVE QUOTED. IF AN OFFICER OR EMPLOYEE IS REAPPOINTED AND REEMPLOYED IN ANOTHER OFFICE OR POSITION WITH MATERIALLY DIFFERENT DUTIES AND RESPONSIBILITIES, THE INITIAL SALARY RATE, OTHER THAN A STATUTORY SALARY RATE, IS FOR FIXING IN ACCORDANCE WITH THE TERMS OF THE CLASSIFICATION ACT OF 1923, AS AMENDED, AND THE APPLICABLE DECISIONS WITH REFERENCE THERETO. SEE 4 COMP. GEN. 495, QUESTION AND ANSWER 10. SUCH PERSONNEL ADJUSTMENTS ARE SUBJECT, ALSO, TO THE RESTRICTIONS AND LIMITATIONS OF SECTIONS 201 AND 203 OF THE ECONOMY ACT AND SECTION 7 OF THE ACT OF MARCH 3, 1933, 47 STAT. 1515, PROHIBITING ADMINISTRATIVE PROMOTIONS AND THE FILLING OF VACANCIES WITHOUT THE APPROVAL OF THE PRESIDENT.

SECTION 213 OF THE ECONOMY ACT OF JUNE 30, 1932, PROVIDES AS FOLLOWS:

IN ANY REDUCTION OF PERSONNEL IN ANY BRANCH OR SERVICE OF THE UNITED STATES GOVERNMENT OR THE DISTRICT OF COLUMBIA, MARRIED PERSONS (LIVING WITH HUSBAND OR WIFE) EMPLOYED IN THE CLASS TO BE REDUCED, SHALL BE DISMISSED BEFORE ANY OTHER PERSONS EMPLOYED IN SUCH CLASS ARE DISMISSED, IF SUCH HUSBAND OR WIFE IS ALSO IN THE SERVICE OF THE UNITED STATES OR THE DISTRICT OF COLUMBIA. IN THE APPOINTMENT OF PERSONS TO THE CLASSIFIED CIVIL SERVICE, PREFERENCE SHALL BE GIVEN TO PERSONS OTHER THAN MARRIED PERSONS LIVING WITH HUSBAND OR WIFE, SUCH HUSBAND OR WIFE BEING IN THE SERVICE OF THE UNITED STATES OR THE DISTRICT OF COLUMBIA. QUESTION 8, IN THE FORM IN WHICH PRESENTED, MAY BE ANSWERED IN THE AFFIRMATIVE. THAT IS TO SAY, SECTION 213 OF THE ECONOMY ACT DOES NOT RENDER A MARRIED WORKER WHOSE SPOUSE IS IN THE FEDERAL OR THE DISTRICT OF COLUMBIA SERVICE INELIGIBLE FOR REAPPOINTMENT OR REEMPLOYMENT IN THE CLASSIFIED CIVIL SERVICE. THE STATUTE MERELY FIXES AN ORDER OF PREFERENCE IN MAKING REDUCTIONS IN FORCE AND IN MAKING APPOINTMENTS. IN ORGANIZING THE SUCCESSOR AGENCY, HOWEVER, SECTION 213 OF THE ECONOMY ACT REQUIRES THAT PREFERENCE FOR REAPPOINTMENT UNDER THE TERMS OF THE EXECUTIVE ORDER BE GIVEN TO PERSONS OTHER THAN THOSE WHOSE SPOUSES ARE ALSO IN THE FEDERAL OR DISTRICT OF COLUMBIA SERVICE.