S. 1849, TO PROVIDE FOR THE GRANT OF CAREER-CONDITIONAL AND CAREER APPOINTMENTS IN THE COMPETITIVE CIVIL SERVICE TO INDEFINITE EMPLOYEES WHO PREVIOUSLY QUALIFIED FOR COMPETITIVE APPOINTMENT

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T AORANDUM FOR: Legislative Counsel
SUBJECT: S. 1$119, To provide for the grant of career-
conditional and career appointments in the
competitive civil--service to indefinite em-
ployees who previously qualified for com-
petitive appointiaent.
Subject bill has been reviewed in accordance with your
request. The provisions of E.O. 10577, dated 22 November 1954,
concerning career-conditional and career appointments limit
such appointments to the competitive service. The current
proposal also limits the grant of such status to employees
serving in the competitive civil service. Accordingly, we
do not recommend any action with respect to this proposals
Harrison G. Reynolds
Director of Personnel
STATINTL
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 FOLD _
HERE
1
DATE
NOTICE OF PENDING LEGISLATION
LEGISLATIVE BILL NO.
S. 1849
SECTION I GENERAL
TO FROM: LEGISLATIVE COUNSEL
OFFICE OF GENERAL COUNSEL
THE ATTACHED, BILL. WHICH HAS BEEN INTRODUCED INTO CONGRESS, IS:
SENT TO YOU FOR INFORMATION ONLY.
A BILL ON WHICH FAVORABLE CONGRESSIONAL ACTION C] IS [1 IS NOT PREDICTED.
SENT FOR YOUR COMMENT AS TO WHETHER IT IS OF INTEREST TO CIA ACTIVITIES, AND WHETHER
FURTHER ACTION BY THIS OFFICE IS NECESSARY OR DESIRED.
CIT IS REQUESTED THAT OOMMENTS CONCERNING THIS LEGISLATION BE FORWARDED, THROUGH
APPROPRIATE CHANNELS, TO 77175 OFFICE, BY
SECTION 11 COINENTS (From Original Addressee)
TO : LEGISLATIVE COUNSEL
FROM:
OFFICE OF GENERAL COUNSEL
28 April 1955 84/1
Mr. Johnston of South Carolina
. To provide for the grant of career-conditional and career
appointments in the competitive civil service to indefinite employees
who previously qualified for competitive appointment.
Distribution:
4.ylrrl~'~~"
'Off
DATE OF COMMF Droved For Rele
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x ENSIGN
FORM NO. 4p 8 REPLACES FORM 23-3
I FEB SS V88 Wu,euAv ne --
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84TH CONGRESS
1ST SESSION
S. 1849
IN THE SENATE OF THE UNITED STATES
APRIL 28 (legislative (6y, ALRJL 25), 1955
Mr. JOHNSTON of South Carolina introduced the following bill; which ,vas
read twice and referred to the Committee on Post Office and Civil Service
A BILL
To provide for the grant of career-conditional and career appoint-
ments in the competitive civil service to indefinite em-
ployees who previously qualified for competitive appointment.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of 4 merica` in Congress assembled,
3 That, each employee (a) who on the effective date of this
4 Act is serving under an indefinite appointment in a position
5 in the competitive civil service other than a position whose
6 salary rate is fixed by the Act of July 6, 1945 (59 Stat.
7 435), as amended, and was so serving on January 23,
8 1955, and (b) who between June 30, 1950, and January
9 23, 1955, was certified and within reach for consideration
10 for indefinite appointment from a competitive civil-service
I
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2
1 register appropriate for filling a. position in which he served
2 between such dates shall have- his indefinite appointment
3 converted as of the effective date of this Act to a career-
4 conditional appointment, or a career appointment, as deter-
5 mined appropriate under the civil service regulations applied
6 in conversions under section 201 of Exeei tive Order 10577
7 of November 22, 1954.
8 Sic. 2. Each individual who between January 23, 1955,
9 and the effective date of this Act was separated from the
10 service without cause and who otherwise would have been
11 eligible for conversion under section 1 of this Act shall be
12 eligible for reinstatement within two years of the effective
13 date of this Act, under career-conditional or career appoint,
14 ment in the competitive civil service in a position for which
15 qualified.
16 Six. 3. The United States Civil Service Commission is
17 authorized and directed to promulgate regulations for the
1.8 administration and enforcement- of this Act.
19 SEC. 4. This Act shall take effect ninety days from the
20 (late of enactment.
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84TH CONGRESS
1sT SESSION
S. 1849
A BILL
To provide for the ,grant of career-conditional
and career appointments in the competitive
civil service to indefinite employees who pre-
viously qualified for competitive appoint-
ment.
By Mr. JOHNSTON of South Carolina
APRIL 28 (legislative day, hair. 25), 1955
Read twice and referred to the Committee on Post
Office and Civil Service
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Public Law 380 - 84th Congress
Chapter 866 - 1st Session
S. 1849
To provide for the granting of career-conditional and career appointments to
certain qualified employees.
Be it enacted by the Senate and House of Pcpresentatives of the Government em-
United States of America in Congress assembles, That the appoint-
ment of each employee of the Federal Government or the municipal career-conditional
government of the District of Columbia who- and oareer ap-
(1) on the effective date of this Act is serving under an indefi- pointments.
nite or temporary appointment in a position in the competitive
civil service other than a position for which the salary is fixed by
the Postal Field Service position Actof 1955 (Public Law ante, p. 88
68, Eighty-fourth Congress)
(2) on January 23, 1955, was serving in a position in the com-
petitive civil service;
(3) from January 23, 1955, to the effective date of this Act,
served in a position or positions in the competitive civil service
without break in service;
(4) (A) during the period beginning June 3, 1950, and ending
January 23, 1955, passed a qualifying' examination for a. position 669 Stat. 9 Stat. 709.
in the competitive civil service in w is i he serve during such
period, or (B) within one year after the effective date of this Act
meets such noncompetitive examination standards as the United
States Civil Service Commission shall prescribe with respect to
the position which he holds at the time he makes the application
prescribed by this section; and
(5) has completed, prior to making suchntipplication, a total of
continuous or intermittent satisfactory service aggregating not
less than three years on the rolls in a position or positions in the
competitive civil service;
shall, upon application by such employee made within one year after
the effective date of this Act to the appropriate department, agency,
or establishment concerned, and upon recommendation by such depart-
ment, agency, or establishment, be converted to a career-conditional.
appointment or a career appointment deterinined by the appropriate
United States Civil Service Commission regulations governing con-
versions to career-conditional or career appointments in accordance CFR 1954 s i
. p R4', pp.,
with Executive Order Numbered 10577, dated November 22, 1954 s
SEC. 2. The appointment in the competitive civil service of each D. C. correotions
employee who- Department em-
(1) (A) was appointed on or after December 20, 194-1, to a ployees.
position in the Workhouse at Occoquan in the State of Virginia,
the Reformatory at Lorton in the State of Virginia, or the Wash-
ington Asylum and Jail, (B) was appointed to a position in the
Department of Corrections of the District of Columbia (as con-
stituted on and after June 27, 1946) with a war service indefinite
appointment, or (C) was appointed on or after June 27, 1946,
and prior to January 1, 1955, to a position in such Department
of Corrections, without regard to the civil-service laws, rules, and
regulations;
(2) is in a position in the Department of Corrections of the
District of Columbia on the effective date, of this Act;
(3) has completed, prior to snaking the .;application prescribed
by this section, a total of continuous or intermittent satisfactory
service aggregating not less than three years in a position or
positions in the municipal government of the District of Colum-
bia - and
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(4) within one year after the effective date of this Act meets
such noncompetitive examination standards as the United States
Civil Service Commission shall prescribe with respect to the
position which he holds at the tune he makes the application
prescribed by this section;
shall, upon application by such employee made within one year after
the effective date of this Act to the appropriate department, agency,
or establishment concerned, and upon recommendation by such de-
partment, agency, or establishment, be converted to a career-condi-
tional appointment or a career appointment determined by the
appropriate United States Civil Service Commission regulations
governing conversions to career-conditional or career appointments
3 CFR, 1954 in accordance with Executive Order Numbered 10577, dated Novem-
Supp., p. 84. her 22, 1954.
Persons sepa- Src. 3. Each individual who-
rated without (1) was serving in a position in the competitive civil service
cause after under an indefinite appointment on January 23, 1955;
Jan. 23, 1955. between January 23, 1955, and the effective date of this
Act, was involuntarily separated from the competitive civil
service for any reason other than for cause;
(3) (A) during the period beginning June 3, 1950, and end-
69 Stat. 710, ing January 23, 1955, passed a qualifying examination for a
-67 Stat. 711. i served during such period, or (B) within
one year after the effective date of this Act, meets such non-
competitive examination standards as the United States Civil
Service Commission shall prescribe; and
(4) has completed, prior to reappointment under this sec-
tion, a total of continuous or intermittent satisfactory service
aggregating not less than three years on the rolls in a position
or positions in the competitive civil service;
may, during the period ending two years after the effective date of
this Act, be reappointed without competitive examination to a posi-
tion in the competitive civil service for which he is qualified and
such reappointment (except, reappointment to a position involving
temporary job employment) shall be a career-conditional appoint-
ment or a career appointment determined by the appropriate United
States Civil Service Commission regulations governing conversions
co career-conditional or career appointments in accordance with
3 CFR, 1954 Executive Order Numbered 10577, dated November 22, 1954.
Supp? P. 84, SEC. 4. The United States Civil Service Commission is hereby
Rules and authorized and directed to promulgate such rules and regulations as
regulations. it determines to be necessary to carry out the provisions of this Act.
SEC. 5. Nothing in this Act shall affect, or be construed to affect,
the application of section 1310 of the Supplemental Appropriation
Act, 1952 (Public Law 253, Eighty-second Congress), as amended.
Effective SEC. 6. This Act shall take effect on the ninetieth day following the
date, date of its enactment.
Approved August 12, 1955.
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84TIl CONGRESS HOUSE OF REPRESENTATIVES REPORT
1st ,Session I No. 1498
CONVERSION OF INDEFINITE APPOINTMENT TO CAREER-
CONDITIONAL OR CAREER, APPOINTMENT
JULY 27, 1955.-Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
Mr. ALEXANDER, from the Committee on Post Office and Civil Service,
submitted the following
REPORT
The Committee on Post Office and Civil Service, to whom was
referred the bill (S. 1849) to provide for the grant of career-conditional
and career appointments in the competitive civil service to indefinite
emrloyees who previously qualified for competitive appointment,,
having considered the same, report favorably thereon with amend-
ments and recommend that the bill (S. 1849) as amended, do pass:
Tue amen lments are as follows:
(1) Strike all afser the enactinm clause and insert the language
grin red i~i iTlics i-i tie reported bill;
(2) Fhe ti.le is a ended to read as follows:
".n a^t to pro' ide for the granting of career-conditional and career appointments
to certain q ali led employees.
Bill S. 1849, as amended, provides authority for the granting of
career or career-conditional appointments to indefinite employees of
the Federal Govern_nent and the Government of the District of
Colu.,nbia. It is desined to correct the thousands of inequities
resultin fro.n the provisions of Executive Order No. 10577 dated
Nove:,nber 22, 1954.
Following is a section-by-section analysis of the amended provisions
to S. 1849:
Section 1 of the amendment authorizes the granting of career-
,conditional or career appointments to employees who-,
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2 CONVERSION OF INDEFINITE APPOINTMENT
(1) On the effective date of this act'is serving in an indefinite
or temporary appointment (except, in the postal field service);
(2) Who was serving in a positron in the competitive civil serv-
ice on January 23, 1955 (the effective date of Executive Order
10577);
(3) Who served in a position or positions in the competitive
civil service between January 23, 1055, and the effective date
of this act;
(4) Has passed a qualifying examination or within 1 year
passes a noncompetitive qualifying examination; and
(5) Has completed 3 years of satisfactory service in a position
or positions in the competitive civil service.
This section also requires that before an individual can be con-
sidered for conversion to career status he must make application for
such through the department or agency where he is employed . and
that the agency concerned must recommend him for conversion to
status.
Section 2 grants authority to the Department of Corrections of the
District of Columbia to grant career-conditional or career appoint-,
ments to certain employees in institutions under its jurisdiction. The
requirements for making these appointments are similar to those pro-
vided under section 1 of the act.
Section 3 authorizes the granting of a cs,reer-conditional or a career
appointment to employees who were separated during the period from
January 23, 1955, and the effective date of this act, for reasons other
than cause, at such time as they are reemployed by the Government.
This section provides that these employees must meet the same
standards as set forth in section 1 of the act if their reappointment is
to be career-conditional or career.
Section 4 grants standard authority to the United States Civil
Service Commission to issue rules and regulations necessary to the
administration of this act.
Section 5 maintains the ceiling on permanent appointments in the
Federal Government established under section 1110 of the Supple-
mental Appropriations Act of 1952, as amended (Whitten amend-
ment).
Section 6 established an effective date, which is 90 days after the
date of enactment. This 90 days is necessary in order to allow the
Civil Service Commission time in which to promulgate the necessary
rules and regulations for its administration.
The title of the act is amended to bring it into conformity with the
amended provisions.
A new appointment system was put into effect by the Civil Service
Commission on January 23, 1955. The new system is designed to
accomplish two primary objectives: First, to establish a stable yet
flexible appointment system for the long-range future and, secondly,
to eliminate the emergency procedures established under the Whitten
amendment. The system sets up a new kind of civil-service appoint-
ment called career-conditional. This type of appointment will
generally be given to persons appointed fi,om registers of eligibles set
up through open competitive examinations, The first year of service
is a probationary period which is considered an integral part of the
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CONVERSION OF INDEFINITE APPOINTMENT 3
examination. After completion of probation, the employee acquires
competitive status. After 3 years, the employee acquires a full career
status.
When the new system went into effect, some 220,000 indefinite
employees, who entered the Government service on a competitive
basis and who had 3 years or more of service, were converted to
"career status" employees. An additional 235,000 indefinites, who
also entered the Government service on a. competitive basis but who
had less than 3 years' service, were converted to "career-conditional."
These employees will acquire full career status as soon as they com-
plete the necessary 3 years of service.
The objectives of the new system are commendable, and from the
standpoint of both the Government and the 455,000 indefinite em-
ployees who were converted to career ors career-conditional were
excellent. However, there are a number of indefinite employees
who were not so converted and who should be if they are to be accorded
equal recognition of their qualifications.
The employees who have suffered due to the inequities established
by Executive Order 10577 are those who either passed a qualifying
civil-service examination and were not referred for appointment,
or did not take a civil-service examination due to the fact that they
were discouraged from doing so either by the Civil Service Commission
or by the agency concerned. There are others who did not take the
examination due to the fact that they had already received an in-
definite appointment and to take an examination at the time would
not have resulted in any additional. benefits.
The committee believes that these employees, if they have served
satisfactorily for a number of years, have equal rights to career or
career-conditional status as did those indefinite employees converted
under Executive Order 10577.
In its report on S. 1849 to the Committee on Post. Office and Civil
Service of the Senate, the Civil Service Cormission makes the follow-
ing statement:
* * * It [S. 18491 therefore recognizes the equities of certain employees whose
conversions were not authorized by Executive Order 10577. There are many
other employees, however, with claims to consideration that may be equal to or
greater than those of employees who wo ,ld be covered by the bill. Some of these
groups are described in my letter of April 25. There. are, for example, employees
who failed to apply for examinations announced by the Commission for indefinite
appointment because they were already serving in ;he same type of job, at the
same grade, and under the same type of indefinite appointment made without
competitive examination. There was no advanta,,e to such employees to apply
at the t.me, but if they had applied they might later have become eligible for
conversion under Executive Order 10577. Some of these employees have
undoubtedly had longer service than many employees who would be covered by
S. 1849. * * *
* * * The Commission has been unable to find a feasible way within cornpeti-
tive principles to distinguish clearly all those employees who have some claim to
consideration from those employees who have no equity at all ; that is, employees
who had no intention of applying for competitive-exanminations, or if they had
applied would not have been within reach for appointment on the registers. We
decided that to take action to authorize the conversion of wily those employees
for whom it might be practicable to reconstruct the situation in order to deter-
mine their full equities would result in creating further inequities for the many
employees for whom such a reconstruction would be infeasible or impossible.
We gave consideration to proposing an amendment to Executive Order 10577
authorizing the conversion of the same group of indefinite employees who would be
covered by S. 1.849. We decided against such action principally because it would
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4 CONVERSION OF INDEFINITE APPOINTMENT
create many_further inequities for other groups that wouldtnot be covered,
* * * In our opinion, the only practicable way to recognize all of the equities
of indefinite employees who are not converted under Executive Order 10377
would be to blanket into the competitive service all such indefinite employees
without regard to their standing on competitive registers. The Commission is
not in favor, however, of conferring competitive status on employees who have
not earned it as a result of meeting the competitive requirements of the civil-
service laws, rules, and regulations except where sound public policy dictates such
action. * * *
* * * In view of the fact that S. 1840 would cover only some indefinite
employees who have equities and would therefore create inequities for many
employees not covered but who have equal or better claims to consideration, we
are not in favor of its enactment.
The committee sincerely feels the provisions of S. 1849, as amended,
overcomes all objections of the Civil Service Commission, is in the
public interest, and will result in the correction of practically all
inequities resulting from Executive Order 10577.
3 YEARS OF SATISFACTORY SF LVICE
The committee feels that if an employee' leas had at least 3 years of
satisfactory service in competitive positions in the Government that
this experience should be given material consideration in qualifying
him for career status. The committee considers the service as being
satisfactory if the employee has performed in one or more positions
in a satisfactory manner and, at the time of his application for con-
version to status, is still satisfactorily performing the duties assigned
to him.
QUALIFYING EXAMINATIONS
Although the committee considered 3 years' satisfactory service
as being prima facie evidence of qualification for a job, it still believed
that some form of examination should be required if the general
principle of the merit system is to be complied with. The amended
act therefore requires that individuals being considered For conversion
to career status must either have passed a qualifying examination,
or must pass a noncompetitive qualifying examination.
The type of noncompetitive qualifying exarii.ination is left to the
discretion of the Civil Service Commission. .However, the committee
recommends that judicious consideration be given to adjusting
these examinations to closely meet the actual requirements of the
position involved. In this the committee does not intend to suggest
a breakdown in the examination standards of the Civil Service Com-
mission but does believe that some additional consideration and
practical reasoning should be given to examinations for certain types
of positions where experience as an occupant of the position rather
than written tests should prevail.
In requiring that the individual make application through the
agency by which he is employed, the, committee recognizes that it is
impossible for the Civil Service Commission or the agency to adminis-
tratively search out those individuals who might be qualified under
the provisions of this act. The committee suggests that an applica-
tion form be designed which will be readily available to the indefinite
employees, and will contain spaces for furnishing pertinent information
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CONVERSION OF INDEFINITE APPOINTMENT a
which will allow the agency and the Civil Serviq Commission to make
a decision on the case without too great delay.
The committee recognizes that there are some employees who over
the years have for reasons unknown maintained a satisfactory em-
ployment record, but who are not actually satisfactory employees. It
has therefore provided a requirement that the agency make recom-
mendation on each application for conversion. The committee cau=
tions the departments and agencies concerned to give due and valid
consideration to each application and to prevent insofar as is possible
any showing of favoritism on the part of supervisors or officials in the
making of these recommendations.
The agency is also cautioned to refuse favorable recommendation to
those employees who are not performing or have not performed satis-
factory service. In those cases where a favorable recommendation is
refused by the department or agency, a written statement as to the
reasons why should be furnished to the employee and placed in the
permanent record of such employee.
During the period since January 25, 1955 (effective date of Executive
Order 10577), there have been a number of ernployees_:eparated due to
reduction-in-force or other reasons beyond thir control. In order to
accord the employee so separated equal opportunity to attain career
conditional or career status, the committee has placed provisions in the
act which will authorize their reinstatement, (within 2 years) with
status appointments if they meet the same requirements as those in-
definite employees who have been fortunate enough to retain their
employment.
DEPARTMENT OF CORRECTIONS-DISTRICT OF! COLUMBIA GOVERNMENT
A condition of employment exists in certain institutions of the De-
partment of Corrections of the Dist net of Coltimbia government which
makes it necessary to include special provisions in the act to accord
to some 250 employees the same benefits as are accorded to other in-
definite employees of the Government. The condition of employment
resulted from the continuance of war indefinite appointments and
appointments made outside of the, civil-service rules and regulations
during periods in which there was controversy as to the civil-service
requirements as they applied to this Department. The provisions of
section 2 of the act correct the inequities as they now exist.
It is the view of the committee that the provisions of this act, as
amended, are fair and equitable and that it, is an acts that will result
in a much higher morale and more efficient service throughout the
Government. It believes that the requirements of `3 years of satis-
factory service plus an examination completely satisfies the principal
requirements of the merit system and that its coverage is as broad as
can be justified. Those indefinite employees who have been appointed
at a recent date are not included in the bill. However, the committee
feels that there is no discrimination in this area as they have not com-
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CONVERSION OF INDEFINITE 'APPOINTMENT
pleted a sufficient period of satisfactory service or met qualifications
standards of the merit. system. It is estimated that there are some
fifteen to twenty thousand of these newly; employed individuals.
There is no cost involved in this legislation. Its purpose is merely
to convert one type of appointment to another, thereby eliminating
inequities in treatment. The committee considers it highly desirable
that it be enacted at this time if the provisions of Executive Order
10577 are not to continue to discriminate- against some 50,000 loyal
and qualified employees of the Government.
O
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alendar No. 580
84TH CONDRESS SENATE REPORT
1st Session No. 576
GRANTING CAREER APPOINTMENTS TO QUALIFIED
EMPLOYEES
JUNE 17 (legislative day, JUNE 14), 1955.-Ordered to be printed
Mr. JOHNSTON of South. Carolina, from the Committee on Post Office
and Civil Service, submitted the following
REPORT
The Committee on Post Office and Civil Service, to whom was
referred the bill (S. 1849) to provide for the grant of career-conditional
and career appointments in the competitive civil service to indefinite
employees who previously qualified for competitive appointment,
having considered the same, report favorably thereon without amend-
ment and recommend that the bill do pass.
S. 1849 provides that indefinite employees (except employees whose
salary rate is fixed by the act of July 6, 1945, as amended) who are
serving on the effective date of enactment in positions in the competi-
tive service, and who were so serving on January 23, 1955, would have
their indefinite appointments converted to career-conditional or career
appointments if they were certified and within reach for indefinite
appointment on competitive civil-service registers appropriate for
indefinite appointment to jobs they held between June 30, 1950, and
January 23, 1955. Determination as to whether they would receive
career or career-conditional appointments would depend upon their
length of service during such period of time.
A new appointment system was put into effect by the Civil Service
Commission on January 23, 1955. The new system is designed to
accomplish two primary objectives. First, to establish a stable yet
flexible appointment system for the long-range future and, secondly,
to eliminate the emergency procedures established under the Whitten
amendment. The system sets up a new kind of civil-service appoint-
ment called career conditional. This type of appointment will gen-
65006
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2 GRANTING CAREER APPOINTMENTS TO QUALIFIED EMPLOYEES
orally be given to persons appointed from registers of eligibles set up
through open competitive examinations. The first year of service is
a probationary period which is considered an integral part, of the ex-
amination. After completion of probation, the employee acquires
competitive status. After 3 years, the employee acquires a full career
status.
When the new system. went into effect, some 220,000 indefinite
employees, who entered the Government service on a competitive
basis and who had 3 years or more of service, were converted to
"career status" employees. An additional 235,000 indefinites, who
also entered the Government service on a competitive basis but who
had less than 3 years' service, were converted to "career conditional."
These employees will acquire full career status as soon as they com-
plete the necessary 3 years of service.
The objectives of the new system are splendid, and it is a fine
thing from the standpoint of both the Government and the 455,000
indefinite employees who were converted to career or career condi-
tional that the system was adopted. However, there are a number
of indefinite employees who were not so converted and who should be.
The group consists of employees who competed successfully in regular
competitive civil-service examinations but were not appointed from
a register of eligibles because they were already in the Federal service,
under some other type appointment. The committee does not
believe they should be barred from conversion to career or career-
conditional status because of a technicality regarding the nature of
their appointment.
Following are typical examples of the type of cases covered by the
bill :
(a) Eligible A passed an examination acid was certified for the
position of organization and methods examiner, grade 11. Upon
reporting for interview he was advised the job was filled. However,
he was offered, and accepted, a position as statistician, GS-11 outside
the register. Within a few months he was reassigned to the organiza-
tion and methods examiner position for which he was originally
certified. Eligible A has been denied a career appointment under the
regulations adopted by the Civil Service Commission.
(b) A stenographer working in agency A under an appointment
outside the register was offered appointment in agency B as a result
of her certification from a stenographer register. She was persuaded
by agency A to stay with them. She has been denied a career appoint-
ment because she did not resign her position in agency A and accept
the O'er for the saline job in agency B.
Following are agency reports on S. 1849, as reported.
CoMPI'RO.LER GENERAL OF THE t NITEI, STATES,
Washington 25, June i0, 1955.
Hon. OLIN D. JO1 v5TO e,
Chairman, Committee on. Post Office and Civil Service,
United States Senate, Washington, D. C.
DE.+.R MR. CHAaRMAN : Your letter of May 4, 1955, requests our views and com-
ments upon S. 1849, copies of which accompanied your req lest.
Section 1 of S. 1849 makes it mandatory that any employee serving under an
indefinite appointment in a position in the competitive civil service-except
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GRANTING CAREER APPOINTMENTS TO QgALIFIEl EMPLOYEES 3
postal service-on the effective date of the act, and who was so serving on January
23, 1955 (the effective date of Executive Order 10577), and who between June 30,
1950, and January 23, 1955, became eligible for an ;indefinite appointment from
a competitive civil-service register shall have his ,appointment changed to a
career conditional or career appointment as determined under the civil-service
regulations issued pursuant to Executive Order 10577. Executive Order 10577
au horizes the Civil Service Commission to promulgate regulations for appoint-
me ts, and- conversion of prior appointments, to career and career-conditional
appointments but subject to the limitations on permanent appointments prescribed
in section 1310 of the Supplemental Appropriation Act of 1952 (65 Stat. 757), as
amended.
Section 2 of this bill authorizes career conditional or carei r appointments to
each individual otherwise within the purview of section 1 who was separated
without cause between January 23, 1955, and the effective date of the act. The
bill makes its administration subject to proper civil-service regulations.
It is understood that under the current regulations of the Civil Service Commis-
sion, employees of the class covered by this bill, that is, those employees who for
various reasons failed to receive indefinite appointments from competitive civil-
service registers, although otherwise eligible, would again bI required to take exam-
inations to become eligible for appointment in the career service. The bill would
eliminate that requirement. Moreover, the bill presumably would have the effect
of permitting permanent appointments of this class of employees in excess of the
ceiling on permanent appointments established by section 1310 of the Supple-
mental Appropriation Act of 1952, as amended.
We feel that the bill would be beneficial upon the morale of the involved em-
ployees, and it would seem that the satisfactory performance of their duties in
their respective positions for the period covered by the bill would amply demon-
strate their qualifications for permanent appointments.
See in connection with the above our report of May 13, 1955, to you, B--98188,
upon a somewhat similar bill, S. 1711.
Sincerely yours,
JOSEPH CAMPBELL,
Comptroller General of the United States.
UNITED STATES CIVIL SERVICE -COMMISSION,
Hon. OLIN D. JOHNSTON, Washington 205, D. C., June 14, 1955.
Chairman, Committee on Post Office and Civil Service,
United States Senate, Washington, D. C.
DEAR SENATOR JOHNSTON: This is in further reply to your letter of May 4,
1955, asking for the views and comments of the Oi'-il Service Commission on
S. 1849, a bill to pro--ide for the grant of career-conditional and career appoint-
ments, in the competiti--e ci--il service to indefinite employees who previously
qualified for competitive appointment.
The Commission does not fa--or enactment of this bill.
S. 1849 provides that indefinite employees, except postal field service employees,
who are ser-ing on the effecti- a date of enactment in positions in the competitive
service, and who were so ser-.-ing on January 23, 1955, would have their indefinite
appointments converted to career-conditional or career appointments if they were
certified and within reach for indefinite appointment on competitive ci--il ser?iice
registers appropriate for indefinite appointment to jobs they held between June
30, 1950, and January 23, 1955. Determination as to whether they would receive
career or career-conditional appointments would depend upon their length of
creditable service as required by the Commission's regulations under Executive
Order 10577. -
The bill also provides that former indefinite employees who would be otherwise
eligible. for conversion except that they were separated from the service without
cause between JapnAgy-23, 1955, and the effective date of enactment would be
eligible for reinstatement under career-conditional or career appointments in
the competitive civil service within 2 years of the effective date. The Commission
would be authorized and directed to issue regulations for administering and 'en-
forcing the act, and the effective date would be 90 days:from the date of enactment.
. Executive Order 10577 provided for the conversion to career-conditional or
career appointments of the indefinite appointment of those employees who
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4 GRANTING CAREER APPOINTMENTS TO QUALIFIED EMPLOYEES
were actually appointed in regular order from civil-service registers established
after February 4, 1946. This order specifically applied, therefore, only to those
employees who met the competitive requirements of the civil-service laws, rules,
and regulations; that. is, they applied for civil-serv+"e examinations in competitirn
with other citizen and were selected by their agencies for their jobs in the order
prescribed by the Veterans' Preference Act and the civil-servi.ce rules and
regulations-
I wrote you on April 25, 1955, in response to your letter of April 9 in behalf of
Mr. Robert C. Lauer in which you asked that the Commission make a eon.pleie
evaluation of the carver-conditional program in view of the many letters of
complaint received by your committee. In my reply, a corp of which is attached,
I gave yon an analygi~a of the factors which led to the original decision to limit
automatic couversion to those indefinite employees who mere actually appointed
from competitive registers. The Commission has made a thorough and extensive
reevaluation of its original decision and found that no more equitable solution is
possible within competitiv(~ principles.
S. 1849 would authorize the conversion or reinstatement of those indefinite
employees who comret< d in civil service e- aminations, were certified to a Fe-'era)
agency, and were within reach for indefinite appointment, but were not actually
selected by their a;euciees from the certificates. It therefore recogatizos the
equities of certain emnioyer?s whose conversions were not authorize) by Lxe~,utive
Order 10577. There are many other employees, however, with claim;; to con-
sideration that may be equal to or greater than those of employees who would
be covere'l by the ),ill. Sonic of these groups are des~ribeal in ray letter of April
25. There are, for e'ample, emnloyees who failed to apply for examinations
announced by the Commission for indefinite appointment be-tause they were
alrea'l_y serving in the same type of job, at the same prae, and under the same
type of indefinite aopointrnent mae'.e without competitive e amination. There
was no advantage to such employees to aaply at the time, but if they ha, I applied
they might later have become eligible for conversion sonder Executive Ora'er
10577. Some of these employees have undoubtedly had longer service than
many employees who would he covered by S. 1849.
The Commission has been unable to find a feasible way within competitive
principles to distinguish clearly all those employees who have some claim to
consideration from those employees who have no equity at all; that is, employees
who ha'l no intention of applying for competitive examinations, or if they had
aruplie l would not have been within rea^h for appoinianent on the registers.
We decided that to take action to authorize the conversion of only those eni-
ployees for whom it might be practicable to reconstruct the situation in ors'er to
determine their full equities would result: in creating further inequities for the
many employees for whore such a reconstruction would be infeasible or impossible.
We gave consideration to proposing an amendment to Executive Order 10577
authorizing the conversion of the same group of indefinite empioyc,es who would
be covered by S. 18411. We decide'I against such action principally because it
would create many further inequities for other groups that would not be covered.
The Commission concluded that it would be more desirable to give special con-
sideration to all indefinite employees, consistent with competitive principles, in
obtaining future career-conditional or career appointments. These employees
have the usual privilege of applying for any open civil-sc;rvice examination. In
addition, as a measure to recognize the equities of many of these employees, the
Commission permits them to apply for any two examinations that may be appro-
priate for jobs in their present establishment even though such examinations may
now be closed to the general public. We have also granted certain waivers as to
age, physical, and apportionment requirements in connection with these applica-
tions.
We are now conducting an examining program to the limit of our resources in
order to give as great a number of these employees as possible an opportunity to
compete for career-conditional or career appointments. We certify these employ-
ees to their agencies automatically as soon as they come within reach for appoint-
ment on the registers. We believe that these steps will give most of these employ-
ees a chance to acquire career-conditional or career appointments in the reasonably
near future if they are successful in their examinations and conic within reach
for appointment.
In our opinion, the only practicable way to recognize all of the equities of
indefinite employees who are not converted under Executive Order 10577 would
be to blanket into the competitive service all such indefinite employees without
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regard to their standing on competitive registers. The Commission is not in
favor, however, of conferring competitive status on employees who have not
earned it a6g a result of meeting the competitive requirements of the civil-service
laws, rules; and regulations except where sound public policy dictates such action.
In view of the fact that S. 1849 would cover only some indefinite employees
who have equities and would therefore create inequities for many employees not
covered but who have equal or better claims to consideration, we are not in favor
of its enactment. -
We are informed that the Bureau of the Budget has no objection to the sub-
mission of this report.
By direction of the Commission:
Sincerely yours,
O
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