Executive Order 10242—Prescribing Regulations Governing the Exercise by the Federal Civil Defense Administrator of Certain Administrative Authority Granted by the Federal Civil Defense Act of 1950

By virtue of the authority vested in me by the Federal Civil Defense Act of 1950, approved January 12, 1951 (Public Law 920, 81st Congress), hereinafter referred to as the Act, it is hereby ordered as follows:

PART I

SECTION 101. (a) The authority conferred upon the Federal Civil Defense Administrator, hereinafter referred to as the Administrator, by subsection 401(b) of the Act to employ not more than 100 such part-time or temporary advisory personnel (including not to exceed 25 subjects of the United Kingdom and the Dominion of Canada) as are deemed necessary in carrying out the provisions of the Act, and by subsection 401(c) of the Act to utilize such voluntary and uncompensated services by individuals as may from time to time be needed, shall be exercised by the Administrator in accordance with the regulations set forth in this part.

(b) In the exercise of such authority the Administrator shall be guided by the following policies:

(1) So far as possible, Federal operations under the Act shall be carried on by full-time, salaried employees of the Government, and appointments under this authority shall be limited to advisory or consultative positions only.

(2) Appointments to positions other than advisory or consultative shall be made only when the requirements of the position are such that the incumbent must personally possess outstanding experience and ability not obtainable on a full-time, salaried basis.

(3) In the appointment of personnel and in the assignment of their duties the Administrator shall take steps to avoid, to as great an extent as possible, any conflict between the governmental duties and the private interests of such personnel.

(c) Insofar as it relates to personnel employed at the regional or local levels, the authority conferred upon the Administrator by subsection 401(c) of the Act to utilize voluntary and uncompensated services shall not be subject to the policies prescribed in subsection (b) hereof. Such authority may not be exercised, however, to fill positions at the regional or local levels subject to the Classification Act of 1949, as amended, unless in any particular instance the Administrator makes the determinations specified in section 102 hereof.

(d) Insofar as it relates to personnel employed in positions subject to the Classification Act of 1949, as amended, the authority conferred upon the Administrator by subsection 401(c) of the Act to utilize voluntary and uncompensated services shall not be delegated.

SEC. 102. Appointments of individuals, under the authority conferred upon the Administrator by subsection 401(c) of the Act to utilize voluntary or uncompensated services, to positions other than advisory or consultative (except such appointments to positions at the regional or local levels other than positions subject to the Classification Act of 1949, as amended), shall be supported by written certification by the Administrator:

(a) That the appointment is necessary and appropriate in order to carry out the provisions of the Act;

(b) That the duties of the position to which the appointment is being made require outstanding experience and ability;

(c) That the appointee has the outstanding experience and ability required by the position; and

(d) That the Administrator has been unable to obtain a person with the qualifications necessary for the position on a full-time, salaried basis.

SEC. 103. With respect to appointments made under the authority conferred upon the Administrator by subsections 401(b) and (c) of the Act specified in section 101(a) of this order (except such appointments to positions at the regional or local levels other than positions subject to the Classification Act of 1949, as amended), the Administrator shall file with the Division of the Federal Register (for public inspection but not for publication) a statement including the name of the appointee, the section of the Act under which he was appointed, the title of his position, and the name of his private employer.

SEC. 104. All appointments under the authority conferred upon the Administrator by subsections 401(b) and (c) of the Act specified in section 101(a) of this order shall be made under the terms of this part after the date of this order, and the appointments heretofore made under such authority shall be deemed for all purposes to have been made under this order upon compliance with the provisions of section 102 and 103 of this part.

SEC. 105. At least once every three months, the Chairman of the United States Civil Service Commission shall survey appointments made under this part and shall report his findings to the President and make such recommendations as he may deem proper.

SEC. 106. Any person employed under the authority conferred upon the Administrator, by subsections 401(b) or (c) of the Act specified in section 101(a) of this order is hereby exempted, with respect to such employment, from the operation of sections 281, 283, 284, 434, and 1914 of Title 18, United States Code, and section 190 of the Revised Statutes (5 U.S.C 99), except as specified in the following subsections:

(a) Exemption hereunder shall not extend to the negotiation or execution, by an appointee under the Act, of Government contracts with the private employer of such appointee or with any corporation, joint stock company, association, firm, partnership, or other entity in the pecuniary profits or contracts of which the appointee has any direct or indirect interest.

(b) In the case of personnel employed under subsection 401(b) of the Act, and of personnel other than those employed at the regional or local levels in positions not subject to the Classification Act of 1949, as amended, under subsection 401(c) of the Act, exemption hereunder shall not extend to the prosecution by the appointee, or participation by the appointee in any fashion in the prosecution, of any claim against the Government involving any matter concerning which the appointee has any responsibility during his employment under this order, during the period of such employment and the further period of two years after the termination of such employment. In the case of personnel employed at the regional or local levels in positions not subject to the Classification Act of 1949, as amended, under subsection 401(c) of the Act, exemption hereunder shall not extend to the prosecution by the appointee, or participation by the appointee in any fashion in the prosecution, of any claim against the Government growing out of any matter with respect to which the appointee was personally concerned in his official capacity during his employment under this order, during the period of such employment and the further period of two years after the termination of such employment.

(c) In the case of personnel employed under subsection 401(c) of the Act, other than those employed at the regional or local levels in positions not subject to the Classification Act of 1949, as amended, exemption hereunder shall not extend to the receipt or payment of salary in connection with the appointee's Government service hereunder from any source other than the private employer of the appointee at the time of his appointment hereunder.

(d) Exemption from sections 434 and 1914 of Title 18, United States Code, shall not extend to persons employed under subsection 401(b) of the Act.

PART II

SEC. 201. The authority conferred upon the Administrator by that portion of subsection 401(c) of the Act which authorizes the utilization of the services of Federal agencies may be exercised by the Administrator in such manner, in accordance with his own discretion, as shall best serve to carry out the purposes of the Act, subject only to his obtaining the consent of the head of the Federal agency whose services are desired to be utilized.

PART III

SEC. 301. The authority conferred upon the Administrator by subsection 401(c) of the Act, except that portion of the said subsection which authorizes the utilization of such v9oluntary and uncompensated services by individuals as may from time to time be needed, and that portion of the said subsection which authorizes the utilization of the services of Federal agencies, may be exercised by the Administrator in such manner, in accordance with his own discretion, as shall best serve to carry out the purposes of the Act.

PART IV

SEC. 401. The approval of the President is hereby given to the Administrator for the employment of retired personnel of the armed services, pursuant to the provisions of subsection 401(a) of the Act.

HARRY S. TRUMAN

THE WHITE HOUSE,

May 8, 1951