[NEWS RELEASE RE CHAIRMAN ROBERT E. HAMPTON OF U.S. CIVIL SERVICE COMMISSION EXPRESSED ADMINISTRATION SUPPORT FOR H.R. 12080, A BILL DESIGNED TO STRENGTHEN MERIT SYSTEM]

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81-00314R000200090055-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 12, 2016
• Document Release Date: April 15, 2002
• Sequence Number: 55
• Publication Date: March 17, 1976
• Content Type: PREL

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FOR RELEASE:
March 1.7, 1976
Chairman Robert E. Hampton of the U.S. Civil Service Commission today
expressed Administration support for H.R. 1200, a bill designed to
strengthen the merit system and to avoid a recurrence of the recent abuses
and violations of personnel laws and regulations.
He suggested several modifications and refinements in the bill to
achieve more workable procedures, but reiterated that the Administration
stands behind the bill and will support its enactment.
Key changes suggested by Chairman Hampton are as follows:
1. Authorities
As framed, the bill would transfer certain authorities from the
President to the Civil Service Comiiission, primarily to strengthen the
Coinission's hand in the enforcement of merit principles. The Commission
supports the intent of this portion, but suggests that its ties with the
President should not be weakened in the broader aspects of personnel
management.
"We think," Chairman Hampton said, "that reform can better be accom-
plished by highlighting the President's responsibility for administration
of the personnel laws while at the same time making these laws somewhat
more specific. The same is true, we think, for the President's appointees
who head the executive-branch departments and agencies."
Supporting this view, he said that the Commission's efforts to achieve
more effective personnel management, particularly in such areas as execu-
tive development, productivity, labor relations, position management, and
several other areas, are greatly strengthened because these efforts are backed
by the President and integrated with the total management program for the
executive branch.
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2. Enforcement
To strengthen the enforcement of merit system compliance, the bill
would give the Commission statutory authority for investigation, enforce-
ment, and reports. Chairman Hampton suggested that this portion of the
bill be expanded to include evaluations of personnel management, and
to distinguish clearly between investigations and evaluations.
"Investigative activities are called for when we are faced with
evidence of serious merit system abuses that usually entail violations of
law, Executive order, or regulation. Our evaluation activities, however,
focus on assessing the effectiveness of personnel management in agencies."
In the same context, Chairman Hampton asked for a clearer distinction
between corrective action required of an. agency and disciplinary action
against a person found in violation of merit law or principles.
He asked also that the separate agencies' responsibilities for evalu-
ation, compliance, and enforcement be cast into law, with the Commission
retaining jurisdiction and serving as final arbiter of results and
corrective actions.
3. Employment Based on Merit
The bill would require that hiring and advancement of personnel be
based on merit, and without regard to race, color, religion, sex, age,
national origin, physical handicap, or political affiliation -- whether
in the competitive service or the excepted service. The Commission
strongly endorses this provision.
"The fact that positions are in the excepted service certainly
should not mean that 'anything goes' in filling these jobs," Chairman
Hampton said. "The exception means only that those jobs are not subject
to those Corinission employment requirements that flow from our responsi-
bilities to regulate the competitive service."
Leaving aside the comparatively small number of jobs -- about 1,500 --
that the Commission has excepted because of their advocacy, confidential,
or policy-making nature, he added: "We think political considerations
must play no part in filling the approximately one million other excepted
positions." (These include some 700,000 positions in the Postal Service,
29,000 in the Tennessee Valley Authority, 8,800 in the Foreign Service,
and 45,700 in the Department of Medicine and Surgery of the Veterans Admini-
stration covered by agency-administered merit systems.)
Chairman Hampton also endorsed a provision of the bill that would
relieve the Commission of its responsibilities for approving the qualifi-
cations of candidates for non-career assignments (the supergrade equivalent
of Schedule C).
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4. Prohibitions Against Personal Recommendations
Chairman Hampton expressed strong support for provisions of the bill
aimed at preventing political influence and personal favoritism in
:,.p l oyme n t.
Chairman Hampton stated his belief that the bill "does not intend
to rule out proper referrals and recommendations that we solicit as part
of our broad recruitment program. Nor does it intend to diminish the
authority or responsibility of the Civil Service Commission and all Federal
agencies to continue and increase their affirmative efforts toward the
achievement of equal employment opportunity in the Federal service. "
As an alternative to the bill's approach to dealing with job referrals,
Chairman Hampton suggested that all referrals be simply answered with a
polite letter informing the sender of the proper procedures that candidates
might follow to obtain consideration for Federal employment.
5. Appeals
The Commission agrees with the bill that its enforcement role would be
strengthened by relieving the Commissioners of any appellate responsibilities,
particularly for those actions to which the Commission is a party, the
Chairman said.
But the Commission recommended ari'alternative to the bill's approach to
setting up an independent'appeals authority outside the Commission --
specifically, the establishment of a statutory appeals board within the
Civil Service Commission to adjudicate all appeals provided for by law or
Commission regulation. Chairman Hampton cited the Board of Veterans'
Appeals within the Veterans Administration as an appropriate model for an
independent statutory body associated with the Commission.
He recommended steps to.assure the independence of such an appeals
authority, including appointment of its head through competitive procedures
and delegating to the appeals body its own appointing authority by law.
"This arrangement would carry out the Subcommittee's intent both to
establish the Commission as the principal agency for personnel policy
formulation and to set up an independent quasi-judicial body to finally
adjudicate cases," Chairman Hampton said.
This approach would also avoid confusion that might result from certain
kinds.of appeals being handled by an independent authority outside the
Commission, while other types of appeals continued to be handled by the
Commission. "In our opinion, dividing cases between two appellate authori-
ties as the bill envisions would fragment authority to resolve issues and
complicate appeal procedures," Hampton said.
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In closing, Mr. Hampton indicated that the Commission's staff is
available, if desired, to assist the Subcommittee staff in drafting
language "to achieve our common purposes."
(Full text of testimony is available on request from the Commission's
Office of Public Affairs -- phone [phone].)
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