A-94489, MAY 4, 1938, 17 COMP. GEN. 904

A-94489: May 4, 1938

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

IT IS REASONABLY WITHIN THE AUTHORITY OF THE SECRETARY OF THE INTERIOR. IT IS ADMINISTRATIVELY REPORTED. IS AS FOLLOWS: DURING THE PAST SEVERAL SUMMERS THE EMPLOYMENT OF COLLEGE STUDENTS WHO WERE MAJORING IN THE VARIOUS PROFESSIONS. WAS AUTHORIZED IN CONNECTION WITH THE CIVILIAN CONSERVATION CORPS PROGRAM. WHICH WERE LIMITED TO THE PERIOD FROM JUNE 1 TO SEPTEMBER 15. WERE FOR THE PURPOSE OF PROVIDING VACATION EMPLOYMENT FOR NEEDY COLLEGE STUDENTS IN ORDER TO MAKE IT POSSIBLE FOR THEM TO RESUME THEIR SCHOOL WORK IN THE FALL. IT IS DESIRABLE TO MAKE SIMILAR EMPLOYMENTS. ARE DEFINITELY LIMITED AND WE CANNOT EMPLOY THE SAME NUMBER OF STUDENTS AND PAY THEM MORE THAN $70 A MONTH. THE EMPLOYMENT OF COLLEGE STUDENTS IN PREVIOUS YEARS AT THAT SALARY WAS MADE POSSIBLE BY HAVING THE POSITIONS CLASSIFIED UNDER THE PROVISIONS OF EXECUTIVE ORDER 6746 OF JUNE 21.

A-94489, MAY 4, 1938, 17 COMP. GEN. 904

COMPENSATION AND LEAVES OF ABSENCE - CIVILIAN CONSERVATION CORPS - COLLEGE STUDENTS EMPLOYED DURING SUMMER VACATION IN VIEW OF THE PURPOSES AND PROVISIONS OF THE ACT OF JUNE 28, 1937, 50 STAT. 319, ESTABLISHING THE CIVILIAN CONSERVATION CORPS, IT IS REASONABLY WITHIN THE AUTHORITY OF THE SECRETARY OF THE INTERIOR, WITH THE APPROVAL OF THE DIRECTOR OF THE CORPS, TO EMPLOY "NEEDY COLLEGE STUDENTS" TEMPORARILY DURING THE SUMMER VACATION MONTHS IN VARIOUS PROFESSIONS AND OCCUPATIONS, AND, ALTHOUGH THEIR STATUS WOULD BE DISTINGUISHABLE FROM THAT OF ENROLLEES, THEY SHOULD NOT BE REGARDED AS ,EMPLOYEES OF THE UNITED STATES" UNDER THE PROVISIONS OF THE ANNUAL AND SICK LEAVE ACTS OF MARCH 14, 1936, OR AS "EMPLOYEES" OCCUPYING "POSITIONS" WITHIN THE INTENT OF THE CLASSIFICATION ACT, AND THEIR COMPENSATION MAY BE ADMINISTRATIVELY FIXED AT A RATE LOWER THAN THE MINIMUM FOR THE LOWEST GRADE IN WHICH, IT IS ADMINISTRATIVELY REPORTED, THEIR POSITIONS WOULD OTHERWISE BE ALLOCATED.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE INTERIOR, MAY 4, 1938:

YOUR LETTER OF APRIL 22, 1938, IS AS FOLLOWS:

DURING THE PAST SEVERAL SUMMERS THE EMPLOYMENT OF COLLEGE STUDENTS WHO WERE MAJORING IN THE VARIOUS PROFESSIONS, SUCH AS ENGINEERING, ARCHITECTURE, LANDSCAPE ARCHITECTURE, FORESTRY, GEOLOGY, HISTORY, AGRONOMY, AND BUSINESS ADMINISTRATION, AT SALARIES OF $70 PER MONTH, WAS AUTHORIZED IN CONNECTION WITH THE CIVILIAN CONSERVATION CORPS PROGRAM. THE EMPLOYMENTS, WHICH WERE LIMITED TO THE PERIOD FROM JUNE 1 TO SEPTEMBER 15, INCLUSIVE, WERE FOR THE PURPOSE OF PROVIDING VACATION EMPLOYMENT FOR NEEDY COLLEGE STUDENTS IN ORDER TO MAKE IT POSSIBLE FOR THEM TO RESUME THEIR SCHOOL WORK IN THE FALL.

IT IS DESIRABLE TO MAKE SIMILAR EMPLOYMENTS, LIMITED TO THE PERIOD FROM JUNE 16 TO SEPTEMBER 15, DURING THE COMING SUMMER. FUNDS FOR THE EMPLOYMENTS DURING THAT PERIOD, AS IN PREVIOUS YEARS, ARE DEFINITELY LIMITED AND WE CANNOT EMPLOY THE SAME NUMBER OF STUDENTS AND PAY THEM MORE THAN $70 A MONTH. THE EMPLOYMENT OF COLLEGE STUDENTS IN PREVIOUS YEARS AT THAT SALARY WAS MADE POSSIBLE BY HAVING THE POSITIONS CLASSIFIED UNDER THE PROVISIONS OF EXECUTIVE ORDER 6746 OF JUNE 21, 1934, AND ALLOCATED IN EO GRADE 3. SINCE THE LEGISLATION AUTHORIZING THE CONTINUANCE OF THE CCC PROGRAM IS NO LONGER EMERGENCY IN CHARACTER, IT WILL NOT BE POSSIBLE TO CONTINUE THE USE OF THE EXECUTIVE ORDER GRADES IN CLASSIFYING POSITIONS THE SALARIES OF WHICH ARE PAID FROM CCC FUNDS.

THE EMPLOYMENT OF COLLEGE STUDENTS IN PREVIOUS YEARS PROVED TO BE OF VALUE TO THE WORK OF THE CCC PROGRAM. IT ALSO WAS HELPFUL TO THE STUDENTS AS THE EXPERIENCE GAINED WAS OF VALUE TO THEM IN THEIR LATER COLLEGE WORK.

WHILE IT IS DESIRABLE TO MAKE THESE EMPLOYMENTS AVAILABLE TO THE SAME NUMBER OF COLLEGE STUDENTS AGAIN THIS COMING SUMMER, IT WILL NOT BE POSSIBLE TO DO SO UNLESS WE CAN LIMIT THE SALARIES TO $70 PER MONTH. THIS CANNOT BE DONE IF IT IS NECESSARY TO CLASSIFY THE POSITIONS IN ACCORDANCE WITH THE CLASSIFICATION ACT OF 1923, AS THE LOWEST GRADE IN WHICH THE POSITIONS COULD BE ALLOCATED IS SP-1 AT $1,020 PER ANNUM. SINCE THE EMPLOYMENTS WILL BE TEMPORARY SEASONAL, DEFINITELY LIMITED TO THE PERIOD FROM JUNE 16 TO SEPTEMBER 15, ADVICE IS REQUESTED AS TO WHETHER THEY CAN BE MADE AT THE SALARY INDICATED WITHOUT HAVING THE POSITIONS CLASSIFIED.

SECTION 1 OF THE ACT OF JUNE 28, 1937, 50 STAT. 319, PROVIDES AS FOLLOWS:

THAT THERE IS HEREBY ESTABLISHED THE CIVILIAN CONSERVATION CORPS, HEREINAFTER CALLED THE CORPS, FOR THE PURPOSE OF PROVIDING EMPLOYMENT, AS WELL AS VOCATIONAL TRAINING, FOR YOUTHFUL CITIZENS OF THE UNITED STATES WHO ARE UNEMPLOYED AND IN NEED OF EMPLOYMENT. * * *.

SECTION 5 OF THE ACT AUTHORIZES THE HEADS OF OTHER FEDERAL DEPARTMENTS OR AGENCIES TO COOPERATE WITH THE DIRECTOR OF THE CIVILIAN CONSERVATION CORPS IN CARRYING INTO EFFECT THE PROVISIONS OF THE STATUTE AND AUTHORIZES AN ALLOTMENT OF FUNDS. TO ACCOMPLISH THE ABOVE STATED PURPOSE, IT IS REASONABLY WITHIN THE AUTHORITY OF THE SECRETARY OF THE INTERIOR, WITH THE APPROVAL OF THE DIRECTOR OF THE CIVILIAN CONSERVATION CORPS, TO EMPLOY "NEEDY COLLEGE STUDENTS" (QUOTING FROM YOUR LETTER) TEMPORARILY DURING THE VACATION MONTHS IN THE VARIOUS PROFESSIONS AND OCCUPATIONS LISTED IN YOUR LETTER. HOWEVER, THE STATUS OF THESE STUDENTS DURING SUCH VACATION EMPLOYMENT, WHILE NOT IN A STRICT SENSE THAT OF ENROLLEES, SHOULD NOT BE REGARDED AS THAT OF "EMPLOYEES" OCCUPYING ,POSITIONS" WITHIN THE MEANING AND INTENT OF THE CLASSIFICATION ACT. COMPARE 17 COMP. GEN. 578-579. THAT WHILE THERE MAY BE NO LEGAL OBJECTION TO ADMINISTRATIVE ACTION FIXING THE COMPENSATION RATE AT $70 PER MONTH FOR SUCH EMPLOYMENT, SUCH STUDENTS, IF SO EMPLOYED, SHOULD NOT BE GRANTED LEAVE OF ABSENCE WITH PAY AS "EMPLOYEES OF THE UNITED STATES" UNDER THE PROVISIONS OF THE ANNUAL AND SICK LEAVE ACTS OF MARCH 14, 1936, 49 STAT. 1161-1162, AND THE UNIFORM ANNUAL AND SICK LEAVE REGULATIONS ISSUED PURSUANT THERETO. 17 COMP. GEN. 351.