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Additional material-Continued

Department of Housing and Urban Development:

Letter and tabulation showing management contracts awarded
during fiscal year 1967 and proposed for 1968 _ _ _

Department of the Treasury:

Breakdown of additional needs (75 supergrades) by bureau, type
of position, and grade; and justification of need...
Priority list of supergrade needs in Internal Revenue Service
Percent of supergrade employees recruited from colleges, uni-
versities, and private industry for the 300 supergrade positions.
Percent of supergrades filled by promotion from within for the 300
supergrade positions. -

Current research or management contracts..

Employment of consultants (currently on rolls of Treasury
Department)_

Letter in response to inquiry regarding exclusion afforded U.S.
citizens on earned income from sources without the United

States...

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117

135

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II

SUPERGRADE REQUIREMENTS

TUESDAY, JUNE 13, 1967

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON MANPOWER AND CIVIL SERVICE

OF THE COMMITTEE ON POST OFFICE AND CIVIL SERVICE,

Washington, D.C.

The subcommittee met, pursuant to notice, at 10 a.m., in room 2251, Rayburn House Office Building, Hon. David N. Henderson (chairman of the subcommittee) presiding.

Mr. HENDERSON. The subcommittee will come to order.

This morning we begin a series of public hearings relating to supergrades, that is, GS-16, GS-17, and GS-18 positions under the Classification Act of 1949, as amended.

During the course of these hearings, we plan to review the requests for additional supergrades as proposed by the administration and by heads of the General Accounting Office and Library of Congress. Last year, Congress provided a total of 283 additional supergrades under Public Law 89-632. Of this number, 177 were placed with the Civil Service Commissioners for allocation to departments and agencies in the executive branch.

During the course of the public hearings last year, I indicated to Chairman Macy that if and when additional supergrades were required, the subcommittee should be so advised. On April 21, 1967, Chairman Macy advised me of the need for 245 additional supergrade

spaces.

We have also heard from the Comptroller General and the Librarian of Congress, as well as the Director of the FBI. These requests are found in H.R. 10376, which I introduced on May 25.

We also have before us for analysis, H.R. 6715, introduced by the ranking minority member of the subcommittee, Hon. H. R. Gross. Mr. Gross' bill would provide for the appointment of persons to grades GS-16, GS-17, and GS-18 in the competitive civil service` based solely on merit and competitive civil service standards.

The Chairman of the Civil Service Commission also has been advised of the interest of the subcommittee members in the recently inaugurated assignment system for supergrade personnel. The Commission's procedure for placing supergrade personnel certainly raises several questions; and we look forward to discussing these with officials of the Civil Service Commission.

The two bills, H.R. 10376 and H.R. 6715, will be placed in the record at this point.

1

(The bills referred to are as follows:)

[H.R. 10376, 90th Cong., first sess.]

A BILL To amend title 5, United States Code, to provide for additional positions in certain executive agencies, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 5108(a) of title 5, United States Code, is amended to read as follows:

"(a) A majority of the Civil Service Commissioners may establish, and from time to time revise, the maximum numbers of positions (not to exceed an aggregate of two thousand eight hundred and twenty-two, in addition to any professional engineering positions primarily concerned with research and development and professional positions in the physical and natural sciences and medicine which may be placed in these grades, and in addition to two hundred and forty hearing examiner positions under section 3105 of this title which may be placed in GS-16 and nine such positions which may be placed in GS-17) which may be placed in GS-16, 17, and 18 at any one time. A position may be placed in GS-16, 17, or 18 only by action of, or after prior approval by a majority of the Civil Service Commissioners.".

(b) Section 5108(b)(2) of title 5, United States Code, is ainended to read as follows:

"(2) In addition to the number of positions authorized by subsection (a) of this section and positions referred to in paragraph (1) of this subsection, the Librarian of Congress, subject to the procedures prescribed by this section, may place a total of 35 positions in the Library of Congress in GS-16, 17, and 18.". (c) Section 5108(c)(1) of title 5, United States Code, relating to positions in GS-16, 17, and 18 for the General Accounting Office, is amended by striking out "64" and inserting in lieu thereof "90".

(d) Section 5108 (c) (2) of title 5, United States Code, relating to positions in GS-16, 17, and 18 for the Federal Bureau of Investigation, is amended by striking out "110" and inserting in lieu thereof "140".

[H.R. 6715, 90th Cong., first sess.]

A BILL To provide for the appointment of persons to grades GS-16, GS-17, and GS-18 in the competitive civil service based solely on merit and competitive civil service standards

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

APPOINTMENTS AT GRADES GS-16, GS-17, AND GS-18

SECTION 1. Section 3324 of title 5, United States Code, is amended to read as follows:

"§ 3324. Appointments at GS-16, GS-17, and GS-18

"(a) An appointment to a position in GS-16, GS-17, or GS-18 in the competitive civil service may be made only after position classification and minimum qualifications standards for such positions are established by the Civil Service Commission and only by the following methods:

"(1) by selection, from within the competitive civil service, in accordance with the provisions of this title, based on promotion examinations given to those Federal employees who apply for such positions after adequate Government-wide notice is given by the Commission that vacancies exist for such positions; or

"(2) by open competitive examination in accordance with the provisions of this title governing appointments in the competitive service.

"(b) An appointment to a position in GS-16, GS-17, and GS-18 in the excepted service may be made only on approval of the qualifications of the proposed appointee by the Commission based on minimum qualifications standards established pursuant to subsection (a) hereof.

"(c) This section does not apply to a position

“(1) provided for in section 5108(c)(2) of this title;

(2) to which appointment is made by the President;

"(3) to which appointment is made the Librarian of Congress; or
"(4) the incumbent of which is paid from—

"(A) appropriations for the Executive Office of the President under the headings 'The White House Office,' 'Special Projects', 'Council of Economic Advisers', 'National Security Council', and 'Office of Emergency Planning', or

"(B) funds appropriated to the President under the heading 'Emergency Fund for the President' by the Treasury, Post Office, and Executive Office Appropriation Act, 1966, or a later statute making appropriations for the same purpose.

"(d) The Commission may prescribe regulations necessary for the administration of this section."

Mr. HENDERSON. We are happy today to have as the leadoff witness, the Chairman of the Civil Service Commission, Hon. John W. Macy, Jr., accompanied by Mr. Seymour S. Berlin, Director of the Bureau of Executive Manpower of the Civil Service Commission. Mr. Macy, before we begin I would like to suggest, in view of the limited time that we have for the session this morning, that you confine your statement to the supergrade requirements. I would ask that the members of the subcommittee confine their questions to this area. Just as soon as our staff can get together with you and schedule another appearance, we would like you to come back for another session, at which time we will get into the areas of the assignment system and Mr. Gross' bill.

If we do that, I think we will be able to concentrate our interest in the one area this morning.

It is always good to have you before the subcommittee, and you may proceed.

STATEMENT OF HON. JOHN W. MACY, JR., CHAIRMAN, CIVIL SERVICE COMMISSION, ACCOMPANIED BY SEYMOUR S. BERLIN, DIRECTOR, BUREAU OF EXECUTIVE MANPOWER

Mr. MACY. Thank you very much, Mr. Chairman and Mr. Gross. The arrangement you described is entirely satisfactory with me. Whatever your convenience is as to a subsequent session, we will be happy to return.

appreciate the opportunity to present the view of the Civil Service Commission on H.R. 10376. The bill would increase the number of positions which may be placed in GS-16, 17, and 18 by the Civil Service Commissioners from 2,577 to 2,822, a net increase of 245 positions. Positions provided by this legislation would be available for use on a general Government-wide basis, as needed, without regard to specific agencies.

First, let me express our thanks and gratitude for the spirit of cooperation and consideration which this subcommittee has continuously given to the executive manpower needs of Government. Your committee has properly performed the role of a single overseer of the needs of Government for top-level positions. In our judgment, this continues to be preferable to having it done piecemeal by numerous committees through various legislative proposals. While maintaining control over the total number of GS-16, 17, and 18 positions, you have been understanding when genuine needs were brought to your

attention.

Executive positions in Government and in the private sphere are becoming more and more complex and more and more important. The success of public and private ventures hinges increasingly on the

quality of the executives who lead such programs. Because we strongly believe that more quality executives are needed in the Federal service to administer the new programs authorized by Congress, I am pleased to testify in support of H.R. 10376.

As you recall, Mr. Chairman, last year Congress saw fit to increase the number of positions in GS-16, GS-17, and GS-18 to respond to needs developing from new legislation and rapidly expanding existing programs. A total increase of 177 positions was provided by Public Law 89-632, enacted October 8 of last year. The Commission has completed the distribution of these 177 positions to the various agencies throughout the Government. Rather than taking the committee's time by reading the specific details of this distribution, I have copies of a table with this information available for insertion into the record, if you so desire, Mr. Chairman.

Mr. HENDERSON. Without objection, it is so ordered.

Mr. MACY. I believe copies of this document are before you on the table. If not, Mr. Berlin will provide copies in case you wish to question me about the distribution following the completion of my statement. (The table follows:)

DISTRIBUTION OF 177 POSITIONS IN GRADES GS-16, GS-17, AND GS-18 PROVIDED BY PUBLIC LAW 89-632

Advisory Commission on Parcel Distribution Services_

Agency:

Bureau of the Budget..

Commerce.

Commission on Civil Rights..

Commission on Marine Sciences, Engineering, and Resources-
Defense

Export-Import Bank.

Health, Education, and Welfare_

Housing and Urban Development.

Interior

Justice.

Labor

National Advisory Commission on Rural Poverty.
National Advisory Council on Economic Opportunity.
National Foundation on the Arts & Humanities.

Post Office.

President's Council on Youth Opportunity.
Securities and Exchange Commission...

Water Resources Council.__

Total...

Increased number of spaces

1

4

22

1

2

20

1

56

33

1

1

15

1

2

12

1

1

2

177

Mr. MACY. Please note that a majority of these positions were assigned to recently expanded programs in the Department of Health. Education, and Welfare, the Department of Housing and Urban Development, and the National Highway Safety Agency recently transferred from Commerce to the new Department of Transportation. These positions were required to provide initial management and professional leadership for the varied and important programs established by recent legislation.

I would like to emphasize that these positions were distributed with great care and attention. Against the availability of 177 new positions, we had strongly backed agency requests for over 500 positions. Each request from an agency was weighed against the urgency of requests from other agencies. We did our best to assess the relative merits of the competing claims from the various programs of Govern

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