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B-196611 1 (1979-12-19)

handle is hein.gao/gaobadhva0001 and id is 1 raw text is: OECIE31ON FILE: MATTER DIGEST: UNITED. B-196611 J Department o THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20548 DATE: December 19, 1979 f Medicine and Surgery, OF: Veterans Administration - Applicability of Senior Executive Service Department of Medicine and Surgery, Veterans Administration, is covered by title IV of the Civil Service Reform Act of 1978 establishing a Senior Executive Service. Although the Department was created with autonomy in matters of personnel management with separate authority for hiring and compensating its employees outside the civil service, it satisfies the SES agency and position definitions in 5 U. S. C. 5 3132 and was not specifically excluded from SES as were certain other agencies and positions. Federal Reserve Board, 58 Comp. Gen. 687 (1979), distinguished. By congressional request, the General Accounting Office has been asked to render a formal opinion on whether the medical employees in the Veterans Administration's Depart- ment of Medicine and Surgery employed under the authority of chapter 73 of title 38, United States Code, are subject to the Government-wide Senior Executive Service (SES) provisions of Title IV of the Civil Service Reform Act of 1978.1/ 21 It is the position of the Office of Personnel Management P. (OPM), which administers the SES program, that the employees of the Department of Medicine and Surgery (DM&S) are subject to the provisions of Title IV of the Civil Service Reform Act governing the Senior Executive Service. OPM has found that the Department falls under the SES criteria contained in 5 U.S. C. § 3132(a), and thus is included under the SES. However, the President, pursuant to his authority under 5 U.S. C. § 3132(c), and upon the recommendation of OPM, has granted a 1-year exclusion of senior medical positions in the DM&S from the SES. This exclusion runs until July 13, 1980. 1Public Law No. 95-454, October 13, 1978, 92 Stat. 1111, 1154, 5 U.S. C. 5 3131 et seq. ItIM~4 ,P / , / A-I,- z2

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