B-22862, JANUARY 8, 1942, 21 COMP. GEN. 649

B-22862: Jan 8, 1942

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THE JURISDICTION AND ALLOCATING AUTHORITY OF THE COMMISSION WILL BE RETAINED OVER POSITIONS IN DEPARTMENTAL OFFICES TRANSFERRED TO LOCATIONS OUTSIDE OF THE DISTRICT OF COLUMBIA. 1942: I HAVE YOUR LETTER OF DECEMBER 31. WILL BE MAINTAINED NOTWITHSTANDING THEIR GEOGRAPHIC LOCATION OUTSIDE THE DISTRICT OF COLUMBIA. IT WAS HELD: "IN DECISION OF OCTOBER 19. IT WAS STATED: "* * * WHAT IS KNOWN AS A "FIELD" FORCE IS ENGAGED. DEPARTMENTAL" FORCE IS ENGAGED IN GENERAL SUPERVISORY AND ADMINISTRATIVE DIRECTION AND CONTROL OF THE VARIOUS FIELD FORCES. FORCE ENGAGED EXCLUSIVELY IN THE LOCAL EXECUTION OF SUCH LAWS IN THE DISTRICT OF COLUMBIA IS A FIELD FORCE AS MUCH SO AS A LIKE FORCE IN ANY OTHER SECTION OF THE COUNTRY.

B-22862, JANUARY 8, 1942, 21 COMP. GEN. 649

CLASSIFICATION - JURISDICTION - DEPARTMENTAL POSITIONS OUTSIDE DISTRICT OF COLUMBIA THE WORDS "IN THE DISTRICT OF COLUMBIA" APPEARING IN THE CLASSIFICATION ACT OF 1923, AND SUBSEQUENT AMENDMENTS THERETO, IN CONNECTION WITH THE WORDS "DEPARTMENTAL SERVICE" DO NOT LIMIT THE JURISDICTION OF THE CIVIL SERVICE COMMISSION UNDER THE CLASSIFICATION ACT TO DEPARTMENTAL POSITIONS LOCATED WITHIN THE GEOGRAPHICAL LIMITS OF THE DISTRICT OF COLUMBIA, AND, THEREFORE, THE JURISDICTION AND ALLOCATING AUTHORITY OF THE COMMISSION WILL BE RETAINED OVER POSITIONS IN DEPARTMENTAL OFFICES TRANSFERRED TO LOCATIONS OUTSIDE OF THE DISTRICT OF COLUMBIA.

COMPTROLLER GENERAL WARREN TO THE PRESIDENT, UNITED STATES CIVIL SERVICE COMMISSION, JANUARY 8, 1942:

I HAVE YOUR LETTER OF DECEMBER 31, 1941, AS FOLLOWS:

IN CONNECTION WITH THE TRANSFER OF DEPARTMENTAL OR HEADQUARTERS OFFICES OF CERTAIN AGENCIES TO LOCATIONS OUTSIDE OF THE DISTRICT OF COLUMBIA, THE QUESTION ARISES WHETHER THE PRESENT JURISDICTION AND ALLOCATING AUTHORITY OF THE CIVIL SERVICE COMMISSION UNDER THE CLASSIFICATION ACT OF 1923, AS AMENDED, WILL BE MAINTAINED NOTWITHSTANDING THEIR GEOGRAPHIC LOCATION OUTSIDE THE DISTRICT OF COLUMBIA.

THE ANSWER TO THIS QUESTION DEPENDS ON THE MEANING OF THE ITALICIZED PHRASES IN THE FOLLOWING QUOTATIONS FROM THE CLASSIFICATION ACT OF 1923. SECTION 4 OF THE CLASSIFICATION ACT PROVIDES: ,THAT AFTER CONSULTATION WITH THE BOARD, AND IN ACCORDANCE WITH THE UNIFORM PROCEDURE PRESCRIBED BY IT, THE HEAD OF EACH DEPARTMENT SHALL ALLOCATE ALL POSITIONS IN HIS DEPARTMENT IN THE DISTRICT OF COLUMBIA TO THEIR APPROPRIATE GRADES IN THE COMPENSATION SCHEDULES AND SHALL FIX THE RATE OF COMPENSATION OF EACH EMPLOYEE THEREUNDER, IN ACCORDANCE WITH THE RULES PRESCRIBED IN SECTION 6 HEREIN. SUCH ALLOCATIONS SHALL BE REVIEWED AND MAY BE REVISED BY THE BOARD, AND SHALL BECOME FINAL UPON THEIR APPROVAL BY SAID BOARD. * * *" SECTION 5 OF THE ACT PROVIDES,"THAT THE COMPENSATION SCHEDULES SHALL APPLY ONLY TO CIVILIAN EMPLOYEES IN THE DEPARTMENTS WITHIN THE DISTRICT OF COLUMBIA * * *.' (UNDER TITLE V OF THE ECONOMY ACT OF JUNE 30, 1932, THE TERM " OARD" NOW MEANS THE CIVIL SERVICE COMMISSION.)

ON MAY 21, 1941, IN 20 COMP. GEN. 803, YOUR OFFICE INTERPRETED THE PROVISIONS OF THE NAVAL APPROPRIATION ACT FOR THE FISCAL YEAR 1942. EXTRACT FROM THIS DECISION FOLLOWS: "THE APPROPRIATION LIMITATION ON THE TOTAL NUMBER OF CIVILIAN EMPLOYEES "IN THE NAVY DEPARTMENT PROPER, AT WASHINGTON" REFERS TO THE DEPARTMENTAL SERVICE AS DISTINGUISHED FROM THE FIELD RVICE.' IN DECISION OF JANUARY 11, 1938, 17 COMP. GEN. 564, 565, IT WAS HELD:

"IN DECISION OF OCTOBER 19, 1925, 5 COMP. GEN. 272, 273, IT WAS STATED: "* * * WHAT IS KNOWN AS A "FIELD" FORCE IS ENGAGED, DIRECTLY OR INDIRECTLY, IN EXECUTING THE LAWS LOCALLY, WHILE A ,DEPARTMENTAL" FORCE IS ENGAGED IN GENERAL SUPERVISORY AND ADMINISTRATIVE DIRECTION AND CONTROL OF THE VARIOUS FIELD FORCES. VARIOUS GENERAL LAWS, SUCH AS THE POSTAL LAWS, MUST BE EXECUTED IN THE DISTRICT OF COLUMBIA AS WELL AS ELSEWHERE. FORCE ENGAGED EXCLUSIVELY IN THE LOCAL EXECUTION OF SUCH LAWS IN THE DISTRICT OF COLUMBIA IS A FIELD FORCE AS MUCH SO AS A LIKE FORCE IN ANY OTHER SECTION OF THE COUNTRY. IT IS ONLY IN THIS SENSE THAT THE TERM "FIELD" FORCE MAY PROPERLY BE APPLIED TO THE DISTRICT. SEE DISCUSSION IN DECISIONS REPORTED IN 21 COMP. DEC. 709, AND 27 COMP. DEC. 731.'

"CONVERSELY, A FORCE ENGAGED EXCLUSIVELY IN DEPARTMENTAL WORK, THAT IS, IN GENERAL SUPERVISION AND ADMINISTRATIVE DIRECTION AND CONTROL OF THE VARIOUS FIELD FORCES, EVEN THOUGH WITH HEADQUARTERS OUTSIDE OF THE DISTRICT OF COLUMBIA--- IN THIS INSTANCE AT BALTIMORE--- IS NEVERTHELESS A DEPARTMENTAL FORCE AS MUCH SO AS THE DEPARTMENTAL FORCE IN THE DISTRICT OF COLUMBIA.

"SIMILARLY HERE, THE RESTRICTION UPON THE TOTAL NUMBER OF CIVILIAN EMPLOYEES IN THE DEPARTMENTAL SERVICE OF THE NAVY DEPARTMENT WOULD BE APPLICABLE EVEN THOUGH SUCH DEPARTMENTAL EMPLOYEES WERE TEMPORARILY STATIONED AT ARLINGTON OR AT ANY OTHER PLACE OUTSIDE OF THE DISTRICT OF COLUMBIA.'

THE EFFECT OF THESE DECISIONS IS THAT A FORCE ENGAGED EXCLUSIVELY IN THE LOCAL EXECUTION OF VARIOUS GENERAL LAWS, WHICH MUST BE CARRIED OUT IN THE DISTRICT OF COLUMBIA AS WELL AS ELSEWHERE, IS A "FIELD" FORCE, AND THAT A FORCE ENGAGED EXCLUSIVELY IN DEPARTMENTAL WORK, THAT IS, IN ,GENERAL SUPERVISORY AND ADMINISTRATIVE DIRECTION AND CONTROL OF THE VARIOUS FIELD FORCES," IS A DEPARTMENTAL FORCE, REGARDLESS IN BOTH INSTANCES OF THE PHYSICAL LOCATION OF SUCH FORCES EITHER WITHIN OR OUTSIDE OF THE DISTRICT OF COLUMBIA.

THE PHRASES "IN THE DISTRICT OF COLUMBIA" AND "WITHIN THE DISTRICT OF COLUMBIA," AS USED IN THE CLASSIFICATION ACT, WERE, IN THE JUDGMENT OF THE COMMISSION, INTENDED TO BE DESCRIPTIVE OF DEPARTMENTAL OR HEADQUARTERS OFFICES RATHER THAN LIMITATIONS BASED SOLELY ON GEOGRAPHIC BOUNDARIES. THE DISTINCTION HAS ALWAYS BEEN THAT BETWEEN THE DEPARTMENTAL AND THE FIELD SERVICES RATHER THAN BETWEEN OFFICES WITHIN AND OUTSIDE THE DISTRICT OF COLUMBIA. FOR EXAMPLE, THERE ARE FIELD POSITIONS IN THE DISTRICT OF COLUMBIA TO WHICH THE COMMISSION'S ALLOCATION JURISDICTION DOES NOT APPLY AT PRESENT. DECISIONS OF YOUR OFFICE, SUCH AS THAT OF JANUARY 9, 1940, 19 COMP. GEN. 631, ARE IN CONSONANCE WITH THIS VIEW.

WE ARE INCLINED TO THE CONCLUSION THAT THE PHRASE "IN THE DISTRICT OF COLUMBIA" IS ONLY FOR COLLATERAL CONSIDERATION IN DETERMINING THE JURISDICTION OF THE CIVIL SERVICE COMMISSION UNDER THE CLASSIFICATION ACT OF 1923, AS AMENDED, AND THAT THE QUESTION OF JURISDICTION SHOULD PRIMARILY BE DETERMINED ON THE BASIS OF WHETHER POSITIONS ARE PROPERLY "DEPARTMENTAL" OR "FIELD.' IF THIS CONCLUSION IS CORRECT, THEN IT WOULD FOLLOW THAT, REGARDLESS OF SHIFTS OF DEPARTMENTAL FORCES FROM THE DISTRICT OF COLUMBIA, THE JURISDICTION OF THE CIVIL SERVICE COMMISSION, UNDER THE CLASSIFICATION ACT OF 1923, AS AMENDED, WOULD CONTINUE TO APPLY.

THE INTERPRETATION OF THE COVERAGE CLAUSES OF THE CLASSIFICATION ACT OF 1923, AS AMENDED, AS HEREIN SET FORTH IS STRENGTHENED BY THE FACT THAT SECTION 2 OF THE BROOKHART ACT OF JULY 3, 1930, APPLIES TO "CIVILIAN POSITIONS IN THE FIELD SERVICES.' IF DEPARTMENTAL POSITIONS SUBJECT TO THE CLASSIFICATION ACT ARE TRANSFERRED OUT OF THE DISTRICT OF COLUMBIA AND STILL INVOLVE THE PERFORMANCE OF DEPARTMENTAL FUNCTIONS AND RESPONSIBILITIES, THEY CANNOT PROPERLY BE REGARDED AS ,POSITIONS IN THE FIELD SERVICES," AND HENCE ARE NOT SUBJECT TO SECTION 2 OF THE BROOKHART ACT. ALSO, IF THEY ARE REGARDED AS BEING OUTSIDE OF THE PROVISIONS OF THE CLASSIFICATION ACT OF 1923, AS AMENDED, BY VIRTUE OF THEIR MERE GEOGRAPHIC LOCATION, THEN NEITHER THE PROVISIONS OF THE CLASSIFICATION ACT APPLICABLE TO DEPARTMENTAL POSITIONS NOR THE PROVISIONS OF SECTION 2 OF THE BROOKHART ACT APPLICABLE TO FIELD POSITIONS WOULD APPLY. IN OTHER WORDS, THIS INTERPRETATION WOULD LEAD TO THE RESULT THAT THERE EXISTS NO STATUTORY DIRECTION FOR FIXING THE SALARIES OF THE POSITIONS CONCERNED.

IN VIEW OF THE URGENT NEED OF THE COMMISSION AND THE DEPARTMENTS AND ESTABLISHMENTS INVOLVED FOR THE CLARIFICATION OF THIS MATTER, YOUR DECISION AT THE EARLIEST POSSIBLE MOMENT WILL BE APPRECIATED.

THE PROVISIONS OF LAW DEEMED PERTINENT TO THE CONSIDERATION OF THE QUESTION PRESENTED ARE QUOTED BELOW:

FROM SECTIONS 2, 4, AND 5 OF THE ORIGINAL CLASSIFICATION ACT OF 1923, APPROVED MARCH 4, 1923, 42 STAT. 1488-1490:

SEC. 2. * * *

THE TERM "DEPARTMENT" MEANS AN EXECUTIVE DEPARTMENT OF THE UNITED STATES GOVERNMENT, A GOVERNMENTAL ESTABLISHMENT IN THE EXECUTIVE BRANCH OF THE UNITED STATES GOVERNMENT WHICH IS NOT A PART OF AN EXECUTIVE DEPARTMENT, THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA, THE BOTANIC GARDEN, LIBRARY OF CONGRESS, LIBRARY BUILDING AND GROUNDS, GOVERNMENT PRINTING OFFICE, AND THE SMITHSONIAN INSTITUTION.

THE TERM "THE HEAD OF THE DEPARTMENT" MEANS THE OFFICER OF GROUP OF OFFICERS IN THE DEPARTMENT WHO ARE NOT SUBORDINATE OR RESPONSIBLE TO ANY OTHER OFFICER OF THE DEPARTMENT.

SEC. 4. THAT AFTER CONSULTATION WITH THE BOARD, AND IN ACCORDANCE WITH A UNIFORM PROCEDURE PRESCRIBED BY IT, THE HEAD OF EACH DEPARTMENT SHALL ALLOCATE ALL POSITIONS IN HIS DEPARTMENT IN THE DISTRICT OF COLUMBIA TO THEIR APPROPRIATE GRADES IN THE COMPENSATION SCHEDULES AND SHALL FIX THE RATE OF COMPENSATION OF EACH EMPLOYEE THEREUNDER, IN ACCORDANCE WITH THE RULES PRESCRIBED IN SECTION 6 HEREIN. SUCH ALLOCATIONS SHALL BE REVIEWED AND MAY BE REVISED BY THE BOARD AND SHALL BECOME FINAL UPON THEIR APPROVAL BY SAID BOARD. * * *

SEC. 5. THAT THE COMPENSATION SCHEDULES SHALL APPLY ONLY TO CIVILIAN EMPLOYEES IN THE DEPARTMENTS WITHIN THE DISTRICT OF COLUMBIA AND SHALL NOT APPLY TO EMPLOYEES IN POSITIONS THE DUTIES OF WHICH ARE TO PERFORM OR ASSIST IN APPRENTICE, HELPER, OR JOURNEYMAN WORK IN A RECOGNIZED TRADE OR CRAFT AND SKILLED AND SEMISKILLED LABORERS, EXCEPT SUCH AS ARE UNDER THE DIRECTION AND CONTROL OF THE CUSTODIAN OF A PUBLIC BUILDING OR PERFORM WORK WHICH IS SUBORDINATE, INCIDENTAL, OR PREPARATORY TO WORK OF A PROFESSIONAL, SCIENTIFIC, OR TECHNICAL CHARACTER. THE BOARD SHALL MAKE A SURVEY OF THE FIELD SERVICES AND SHALL REPORT TO CONGRESS AT ITS FIRST REGULAR SESSION FOLLOWING THE PASSAGE OF THIS ACT SCHEDULES OR POSITIONS, GRADES, AND SALARIES FOR SUCH SERVICES, WHICH SHALL FOLLOW THE PRINCIPLES AND RULES OF THE COMPENSATION SCHEDULES HEREIN CONTAINED IN SO FAR AS THESE ARE APPLICABLE TO THE FIELD SERVICES. THIS REPORT SHALL INCLUDE A LIST PREPARED BY THE HEAD OF EACH DEPARTMENT, AFTER CONSULTATION WITH THE BOARD AND IN ACCORDANCE WITH A UNIFORM PROCEDURE PRESCRIBED BY IT, ALLOCATING ALL FIELD POSITIONS IN HIS DEPARTMENT TO THEIR APPROXIMATE GRADES IN SAID SCHEDULES AND FIXING THE PROPOSED RATE OF COMPENSATION OF EACH EMPLOYEE THEREUNDER IN ACCORDANCE WITH THE RULES PRESCRIBED IN SECTION 6 HEREIN. ( ITALICS SUPPLIED.)

FROM THE INTRODUCTORY PARAGRAPH OF THE APPROPRIATION ACT OF DECEMBER 6, 1924, 43 STAT. 704, ENTITLED---

AN ACT MAKING ADDITIONAL APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30, 1925, TO ENABLE THE HEADS OF THE SEVERAL DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS TO ADJUST THE RATES OF COMPENSATION OF CIVILIAN EMPLOYEES IN CERTAIN OF THE FIELD SERVICES.

THAT TO ENABLE THE HEADS OF THE SEVERAL DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS TO ADJUST THE COMPENSATION OF CIVILIAN EMPLOYEES IN CERTAIN FIELD SERVICES TO CORRESPOND, SO FAR AS MAY BE PRACTICABLE, TO THE RATES ESTABLISHED BY THE CLASSIFICATION ACT OF 1923 FOR POSITIONS IN THE DEPARTMENTAL SERVICES IN THE DISTRICT OF COLUMBIA THE FOLLOWING SUMS ARE APPROPRIATED, OUT OF ANY MONEY IN THE TREASURY NOT OTHERWISE APPROPRIATED, FOR THE SERVICE OF THE FISCAL YEAR ENDING JUNE 30, 1925, NAMELY: * * * ( ITALICS SUPPLIED.)

FROM SECTIONS 2 AND 3 OF THE WELCH ACT OF MAY 28, 1928, 45 STAT. 785:

SEC. 2. UPON THE PASSAGE OF THIS ACT THE BOARD SHALL FORTHWITH MAKE A SURVEY OF THE CLASSES OF CIVILIAN POSITIONS IN THE VARIOUS FIELD SERVICES, EXCLUSIVE OF THE POSTAL SERVICE, FOREIGN SERVICE, AND EMPLOYEES IN THE MECHANICAL AND DRAFTING GROUPS WHOSE WAGES ARE NOW OR HAVE HERETOFORE BEEN FIXED BY WAGE BOARDS OR SIMILAR AUTHORITY, AND SHALL PRESENT A REPORT TO CONGRESS AT ITS FIRST REGULAR SESSION FOLLOWING THE PASSAGE OF THIS ACT, SUCH REPORT TO CONTAIN: * * *

SEC. 3. THE HEADS OF THE SEVERAL EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS ARE AUTHORIZED TO ADJUST THE COMPENSATION OF CERTAIN CIVILIAN POSITIONS IN THE FIELD SERVICES, THE COMPENSATION OF WHICH WAS ADJUSTED BY THE ACT OF DECEMBER 6, 1924, TO CORRESPOND, SO FAR AS MAY BE PRACTICABLE, TO THE RATES ESTABLISHED BY THIS ACT FOR POSITIONS IN THE DEPARTMENTAL SERVICES IN THE DISTRICT OF COLUMBIA. ( ITALICS SUPPLIED.)

FROM SECTION 2 OF THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1005

THE HEADS OF THE SEVERAL EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS ARE AUTHORIZED AND DIRECTED TO ADJUST THE COMPENSATION OF CERTAIN CIVILIAN POSITIONS IN THE FIELD SERVICES, THE COMPENSATION OF WHICH WAS ADJUSTED BY THE ACT OF DECEMBER 6, 1924 (43 STAT. 604), TO CORRESPOND, SO FAR AS MAY BE PRACTICABLE, TO THE RATES ESTABLISHED BY THE ACT OF MAY 28, 1928 ( U.S.C., SUPP. 3, TITLE 5, SEC. 673), AND BY THIS ACT FOR POSITIONS IN THE DEPARTMENTAL SERVICES IN THE DISTRICT OF COLUMBIA: * * * ( ITALICS SUPPLIED.)

THESE STATUTES PRESCRIBE TWO SEPARATE AND DISTINCT PROCEDURES FOR FIXING THE SALARY RATES FOR CIVILIAN EMPLOYEES OF THE UNITED STATES, ONE FOR EMPLOYEES OCCUPYING POSITIONS IN THE DEPARTMENTAL SERVICE, AND THE OTHER FOR EMPLOYEES OCCUPYING POSITIONS IN THE FIELD SERVICE. THROUGHOUT SAID STATUTES THE CONGRESS HAS RECOGNIZED A DISTINCTION BETWEEN THE DEPARTMENTAL AND FIELD SERVICES WITH NO PARTICULAR EMPHASIS UPON THE LOCATION OF THE POSITIONS. THE DISTINCTION BETWEEN THE TWO PROCEDURES MAY BE STATED BY QUOTING THE FOLLOWING FROM THE DECISION OF MAY 12, 1931, 10 COMP. GEN. 519, 521:

THE PRINCIPLES OF CLASSIFICATION REQUIRE THAT THE DUTIES AND RESPONSIBILITIES SHALL DETERMINE THE GRADE OR SALARY RANGE OF A FIELD POSITION, IN THE SAME MANNER AS IN THE DEPARTMENTAL SERVICE IN THE DISTRICT OF COLUMBIA, ACCORDING TO THE BASIC QUALIFICATIONS OF THE SEVERAL GRADES AS SET FORTH IN THE CLASSIFICATION ACT, AS AMENDED BY THE BROOKHART SALARY ACT. THE DIFFERENCE IS THAT IN THE DEPARTMENTAL SERVICE IN THE DISTRICT OF COLUMBIA THE ALLOCATION OF POSITIONS IS BY THE JOINT ACTION OF THE ADMINISTRATIVE OFFICE AND THE PERSONNEL CLASSIFICATION BOARD, WHEREAS IN THE FIELD SERVICE THE SOLE AUTHORITY TO ALLOCATE THE POSITIONS TO THE SEVERAL GRADES OR SALARY RANGES IS VESTED IN THE ADMINISTRATIVE OFFICE. THE SALARY RATES WITHIN THE PROPER GRADE OR SALARY RANGE AS THUS DETERMINED, FIXED FOR INDIVIDUAL EMPLOYEES ON THE BASIS OF PERSONAL EFFICIENCY AND EXPERIENCE, MUST INCLUDE THE DETERMINED VALUE OF ALLOWANCES FURNISHED IN KIND AS A PART OF THE TOTAL COMPENSATION, AS REQUIRED BY THE ACT OF MARCH 5, 1928, 45 STAT. 193. FOR THE PROCEDURE IN THIS REGARD, SEE 5 COMP. GEN. 957; 6 ID. 162; 8 ID. 628; 9 ID. 528. IN THE ORIGINAL CLASSIFICATION ACT OF 1923, THE CONGRESS LIMITED THE SCHEDULES OF THE CLASSIFICATION ACT AND THE JURISDICTION OF THE PERSONNEL CLASSIFICATION BOARD (NOW THE CIVIL SERVICE COMMISSION) TO THE DEPARTMENTAL SERVICE IN THE DISTRICT OF COLUMBIA AND DIRECTED A SURVEY TO BE MADE OF POSITIONS IN THE FIELD SERVICE WITH A VIEW EVENTUALLY OF EXTENDING THE SCHEDULES PRESCRIBED BY THE ACT AND OF EXTENDING, ALSO, THE JURISDICTION OF THE CIVIL SERVICE COMMISSION TO THE FIELD SERVICE. THE DIRECTION FOR A SURVEY OF THE FIELD SERVICE WAS REPEATED IN SECTION 2 OF THE ACT OF MAY 28, 1928, SUPRA. SEE, ALSO, TITLE II OF THE ACT OF NOVEMBER 26, 1940, 54 STAT. 1212. HOWEVER, BECAUSE OF THE DISPARITY BETWEEN THE SALARY RATES OF EMPLOYEES IN DEPARTMENTAL AND FIELD POSITIONS, IT WAS DETERMINED SOON AFTER THE EFFECTIVE DATE OF THE ORIGINAL CLASSIFICATION ACT, JULY 1, 1924, THAT SOME PROCEDURE SHOULD BE ESTABLISHED IMMEDIATELY FOR ADJUSTING THE SALARY RATES OF EMPLOYEES IN FIELD SERVICE POSITIONS TO CORRESPOND SO FAR AS PRACTICABLE TO THE RATES PRESCRIBED BY THE CLASSIFICATION ACT FOR EMPLOYEES OCCUPYING DEPARTMENTAL POSITIONS ALL OF WHICH WERE THEN IN THE DISTRICT OF COLUMBIA. HENCE, BY THE ACTS OF DECEMBER 6, 1924, AND MAY 28, 1928, SUPRA, THE HEADS OF THE SEVERAL DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS OF THE GOVERNMENT WERE AUTHORIZED TO ADJUST THE SALARIES OF EMPLOYEES OCCUPYING FIELD POSITIONS ACCORDINGLY. THE EXERCISE OF THIS AUTHORITY WAS MADE MANDATORY BY SECTION 2 OF THE BROOKHART SALARY ACT OF JULY 3, 1930, SUPRA. SEE 10 COMP. GEN. 20. THESE STATUTES WERE EXPRESSLY LIMITED TO THE FIELD SERVICE ON THE BASIS THAT THE ORIGINAL CLASSIFICATION ACT WAS ENACTED FOR APPLICATION TO THE DEPARTMENTAL SERVICE AND THE STATUTES HAVE BEEN SO APPLIED IN ALL OF THE DECISIONS OF THIS OFFICE IN WHICH THE POINT WAS INVOLVED. AT THE TIME OF THE ENACTMENT OF THE ORIGINAL CLASSIFICATION ACT AND THE AMENDATORY STATUTES HEREINABOVE QUOTED --- AND, IN FACT, UNTIL RECENTLY--- ALL OF THE DEPARTMENTAL SERVICES WERE LOCATED IN THE DISTRICT OF COLUMBIA. IT WAS NOT THEN KNOWN OR CONTEMPLATED THAT ANY PART OF THE DEPARTMENTAL SERVICE WOULD BE MOVED TO LOCATIONS OUTSIDE OF THE DISTRICT OF COLUMBIA. YOU HAVE CITED THE DECISIONS OF THE OFFICE HOLDING THAT A DEPARTMENTAL FORCE DOES NOT LOSE ITS IDENTITY AS SUCH SOLELY BECAUSE IT IS MOVED AND PERFORMS ITS DUTIES AND FUNCTIONS AT LOCATIONS OUTSIDE OF THE DISTRICT OF COLUMBIA.

IN VIEW OF THE HISTORY AND DEVELOPMENT OF THE CLASSIFICATION LEGISLATION, I CONCUR IN THE VIEW EXPRESSED IN YOUR LETTER TO THE EFFECT THAT THE WORDS "IN THE DISTRICT OF COLUMBIA" APPEARING IN THE ORIGINAL CLASSIFICATION ACT AND SUBSEQUENT STATUTES IN CONNECTION WITH THE WORDS "DEPARTMENTAL SERVICE," DO NOT LIMIT THE JURISDICTION OF THE CIVIL SERVICE COMMISSION UNDER THE CLASSIFICATION ACT TO THOSE DEPARTMENT POSITIONS WHICH ARE LOCATED WITHIN THE GEOGRAPHICAL LIMITS OF THE DISTRICT OF COLUMBIA. THE CONGRESS HAS SHOWN A CLEAR PURPOSE AND INTENT THROUGHOUT THE CLASSIFICATION LEGISLATION (1) TO MAKE THE DISTINCTION BETWEEN THE DEPARTMENTAL SERVICE WHEREVER LOCATED AND THE FIELD SERVICES WHEREVER LOCATED, (2) TO VEST IN CIVIL SERVICE COMMISSION THE FINAL AUTHORITY TO APPROVE ALLOCATIONS IN PROPER GRADES OF ALL DEPARTMENTAL POSITIONS WHEREVER LOCATED, AND (3) TO VEST IN THE HEADS OF THE VARIOUS DEPARTMENTS AND ESTABLISHMENTS THE FINAL AUTHORITY TO APPROVE ALLOCATIONS IN PROPER GRADES OF ALL FIELD POSITIONS WHEREVER LOCATED. OF COURSE, THERE ARE EXCEPTED SUCH DEPARTMENTAL AND FIELD POSITIONS AS ARE EXPRESSLY EXCEPTED BY LAW FROM THE CLASSIFICATION ACTS, AS AMENDED.