B-150511, JAN. 9, 1963

B-150511, JAN. 9, 1963

TO CHAIRMAN, UNITED STATES CIVIL SERVICE COMMISSION:

YOUR LETTER OF JANUARY 4, 1963, REFERS TO OUR LETTER OF DECEMBER 28, 1962, B-150511, TO MR. W. B. UHLENHOP, AUTHORIZED CERTIFYING OFFICER OF THE CIVIL SERVICE COMMISSION CONCERNING THE CERTIFICATION OF A VOUCHER CHARGING COMMISSION FUNDS TO HELP DEFRAY EXPENSES OF A COMMITTEE TO STUDY THE FEASIBILITY OF ESTABLISHING A NATIONAL SERVICE CORPS UNDER THE PROVISIONS OF SECTION 214 OF PUBLIC LAW 49, APPROVED MAY 3, 1945, 59 STAT. 134, 31 U.S.C. 691, WHICH PROVIDES (QUOTING FROM THE UNITED STATES CODE):

"APPROPRIATIONS OF THE EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS OF THE GOVERNMENT SHALL BE AVAILABLE FOR THE EXPENSES OF COMMITTEES, BOARDS, OR OTHER INTERAGENCY GROUPS ENGAGED IN AUTHORIZED ACTIVITIES OF COMMON INTEREST TO SUCH DEPARTMENTS AND ESTABLISHMENTS AND COMPOSED IN WHOLE OR IN PART OF REPRESENTATIVES THEREOF WHO RECEIVE NO ADDITIONAL COMPENSATION BY VIRTUE OF SUCH MEMBERSHIP: PROVIDED, THAT EMPLOYEES OF SUCH DEPARTMENTS AND ESTABLISHMENTS RENDERING SERVICE FOR SUCH COMMITTEES, BOARDS, OR OTHER GROUPS, OTHER THAN AS REPRESENTATIVES, SHALL RECEIVE NO ADDITIONAL COMPENSATION BY VIRTUE OF SUCH SERVICE.'

THE CERTIFYING OFFICER'S DOUBT IN THE MATTER WAS BECAUSE YOU HAD NOT BEEN DESIGNATED BY THE PRESIDENT AS A MEMBER OF THE COMMITTEE. WE CONCLUDED IN OUR LETTER OF DECEMBER 28, 1962, THAT AGENCY MEMBERSHIP ON AN INTERAGENCY BOARD OR COMMITTEE WAS NOT A NECESSITY, THE CONTROLLING FACTOR BEING WHETHER THE INTERAGENCY GROUPS ARE "ENGAGED IN AUTHORIZED ACTIVITIES OF COMMON INTEREST" TO THE CONTRIBUTING AGENCIES. SINCE THE LETTER OF THE CERTIFYING OFFICER DID NOT POINT OUT ANY INTEREST WITHIN THE FRAMEWORK OF THE COMMISSION'S FUNCTIONS WHICH COULD BE CONSIDERED SUFFICIENT TO WARRANT THE EXPENDITURE OF COMMISSION FUNDS FOR THE PURPOSE OF EXAMINING THE FEASIBILITY OF ESTABLISHING A NATIONAL SERVICE CORPS, WE INFORMED THE CERTIFYING OFFICER THAT ON THE BASIS OF THE RECORD BEFORE US, THE VOUCHER COULD NOT BE CERTIFIED FOR PAYMENT.

YOUR LETTER OF JANUARY 4, 1963, EXPLAINS WHY YOU CONSIDER THE FUNCTIONS OF THE CIVIL SERVICE COMMISSION AS BEING SUFFICIENTLY BROAD TO INCLUDE THE ACTIVITIES OF THE PRESIDENT'S COMMITTEE TO STUDY THE FEASIBILITY OF ESTABLISHING A NATIONAL SERVICE CORPS AND REQUESTS OUR FURTHER REVIEW OF THIS MATTER. YOU REFER US TO SECTION 2.6 (V) OF REORGANIZATION PLAN NO. 5 OF 1949 (NOTE TO 5 U.S.C. 133Z) AND SECTION 01.2 (B) OF EXECUTIVE ORDER NO. 9830, WHICH PROVIDE RESPECTIVELY:

"THE RECOMMENDATION TO THE PRESIDENT FOR TRANSMISSION TO THE CONGRESS OF SUCH LEGISLATIVE OR OTHER MEASURES AS WILL PROMOTE AN EFFICIENT FEDERAL SERVICE AND A SYSTEMATIC APPLICATION OF MERIT SYSTEM PRINCIPLES, INCLUDING MEASURES RELATING TO THE SELECTION, PROMOTION, TRANSFER, PERFORMANCE, PAY, CONDITIONS OF SERVICE, TENURE, AND SEPARATION OF FEDERAL EMPLOYEES.

"THE COMMISSION SHALL EXERCISE AND PROVIDE LEADERSHIP IN PERSONNEL MATTERS THROUGHOUT THE FEDERAL SERVICE, AND IN THE DISCHARGE OF THIS RESPONSIBILITY SHALL, WHENEVER PRACTICABLE, CONSULT FEDERAL AGENCIES.'

YOU STATE THAT WITH RESPECT TO THE VOLUNTEER CORPS, THERE ARE CRITICAL QUESTIONS OF STATUS, COMPENSATION, RETIREMENT, WORKMEN'S COMPENSATION, INSURANCE, HEALTH BENEFITS, EMPLOYMENT RIGHTS AND OTHER PERSONNEL PROVISIONS WHICH WILL MATERIALLY INFLUENCE THE CHARACTER OF THIS UNIQUE ORGANIZATION; THAT THERE ARE ISSUES PERTAINING TO THE NATURE OF THE PERMANENT STAFF TO DIRECT AND SUPERVISE THE OPERATIONS OF THE VOLUNTEERS; THAT IT MUST BE DETERMINED AT THE OUTSET WHETHER THIS STAFF WILL BE A PART OF THE CAREER COMPETITIVE SERVICE WITH THE BENEFITS OF COMPETITIVE STATUS OR WHETHER IT SHOULD BE ASSIGNED TO ONE OF THE EXCEPTED SCHEDULES; AND THAT BECAUSE OF THE DESIRABLE CLOSE ASSOCIATION OF THE VOLUNTEERS' WORK WITH THE EXISTING PROGRAMS OF THE FEDERAL GOVERNMENT, IT IS ESSENTIAL TO CONSIDER THE INTERRELATIONSHIP OF BOTH THE VOLUNTEERS AND THE PERMANENT STAFF WITH THE FEDERAL PERSONNEL SYSTEMS.

YOU FURTHER STATE THAT WHEN THE COMMISSION AIDS IN THE ORIGINAL PLANS FOR SETTING UP A NEW GROUP OR CLASS OF EMPLOYEES, IT IS ABLE TO EXERCISE A REAL LEADERSHIP IN PERSONNEL MATTERS WHICH WOULD NOT BE POSSIBLE IF ITS ACTIVITY WERE LIMITED TO ADVICE OR COMMENTS AFTER THE PROPOSALS HAVE BEEN SUBMITTED TO THE PRESIDENT. IT IS IN VIEW OF THE DIRECT RELATIONSHIP BETWEEN THE CONTENT OF THE COMMITTEE'S STUDY AND THE SCOPE OF THE COMMISSION'S RESPONSIBILITY THAT YOU CONCLUDE THE COMMISSION'S APPROPRIATION IS AVAILABLE TO MEET A SHARE OF THE EXPENSES OF THE COMMITTEE'S STUDY.

IN VIEW OF THE ADDITIONAL INFORMATION FURNISHED IN YOUR LETTER AND THE UNIQUE CHARACTER OF THE PROPOSED NATIONAL SERVICE CORPS, WE BELIEVE THAT THERE IS PRESENTLY SHOWN SUFFICIENT INTEREST OF THE CIVIL SERVICE COMMISSION IN THE WORK OF THE COMMITTEE TO MEET THE REQUIREMENTS OF THE STATUTE. ACCORDINGLY, WE WILL OFFER NO OBJECTION TO CERTIFICATION OF THE VOUCHER WHICH WAS RETURNED TO THE CERTIFYING OFFICER BY OUR LETTER OF DECEMBER 28, 1962.