Federal Register

Executive Order 9738--Restricting competition in examination for the position of Correctional Officer under the Bureau of Prisons, Department of Justice

Source: The provisions of Executive Order 9738 of June 19, 1946, appear at 11 FR 6901, 3 CFR, 1943-1948 Comp., p. 545, unless otherwise noted.

By virtue of the authority vested in me by the statutes, including section 2 of the Civil Service Act (22 Stat. 403), the Veterans' Preference Act of 1944, approved June 27, 1944 (58 Stat. 387), and section 1753 of the Revised Statutes of the United States (5 U.S.C. 631), it is hereby ordered as follows:

In civil-service examinations for the position of Correctional Officer under the Bureau of Prisons, Department of Justice, competition shall be restricted during the present war and for five years following the termination thereof to persons entitled to preference under the said Veterans' Preference Act of 1944, as long as persons entitled to preference are available: Provided, however, That for purposes of classification application for examination may be accepted by the Office of Personnel Management from any person serving in such position in the classified service under an appointment not limited to one year or less, and the Office is authorized to confer a classified (competitive) civil-service status or a probational status upon any such employee who qualifies in the examination for classification: And provided further, That in no event shall any person not entitled to preference under the Veterans' Preference Act of 1944 be granted a classified status under this order (1) unless he is recommended for this purpose by the Director of the Bureau of Prisons for outstandingly courageous or meritorious service and (2) until all preference eligibles who have the same or a higher rating in the examination have been appointed or have been given consideration in accordance with the Veterans' Preference Act of 1944.

Incumbents of positions to which this order is applicable who do not have a classified status and who fail to qualify for classification under this order shall be replaced by selection from the competitive register in accordance with regulations prescribed by the Office of Personnel Management.

This order supersedes Executive Order No. 9662 of November 29, 1945.

[EO 9738 amended by Executive Order 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p. 264]


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