AN ACT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP57-00384R000500120001-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 12, 2016
• Document Release Date: August 18, 2000
• Sequence Number: 1
• Content Type: OPEN

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Public Law 102 - 83d Congress
~~o Chapter 178 - 1st Session
H. R. 4654
AN ACT
To provide for the exemption from the Annual and Sick Leave Act of 1951 of
certain officers in the executive branch of the Government, and for other
purposes.
section (c) as follows: 65 Stat. 679.
"(c) (1) This title shall not apply to the following officers in the 5 USC. 2061,
executive branch of the Government and officers of the government Exemptions.
of the District of Columbia, including officers of corporations wholly
owned or controlled by the United States :
"(A) persons appointed by the President by and with the advice
and consent of the Senate, or by the President alone, whose rates of
basic compensation exceed the maximum rate provided in the
General Schedule of the Classification Act of 1949, as amended; 63 Stat. 965.
"(B) persons who receive compensation in accordance with sec- 5 USC 1113.
tion 411 of the Foreign Service Act of 1946; and 60 Stat. 1002.
"(C) such other officers (except postmasters, United States 22 USC 866.
attorneys, and United States marshals) as may be designated
by the President.
No officer in the executive branch of the Government and no officer
of the government of the District of Columbia, including an officer
of a corporation wholly owned or controlled by the United States,
to whom this title applies shall be deemed to be entitled to the com-
pensation attached to his office solely by virtue of his status as an
officer.
"(2) The President, in his discretion, may authorize lelves of ab-
sence to persons who are exempted from this title pursuant to sub-
section (c) (1) (B) for use in the United States and its Territories
and possessions. Leaves of absence authorized under this subsection
shall not constitute a leave system, and no such leave of absence which
is not used shall be made the basis for any lump-sum payment."
SEC. 2. (a) The accumulated and current accrued annual leave to Aoorued leave
which any officer exempted from the Annual and Sick Leave Act of liquidation.
1951 as a result of the enactment of this Act is entitled immediately 65 Stat. 679.
prior to the date this Act becomes applicable to him shall be liquidated 5 USC 2061 note.
a lump-sum payment in accordance with the Act of December 21,
1944 (5 U. S. C. 61b-61e) or the Act of August 3 1950 (5U. S. C. 61f- Post, p. 139-
61k), except that payment under either such Act 1 shall be base 64 Stat, 395.
upon the rate of. compensation which he was receiving immediately 67 Stat 136
prior to the date on which this Act became applicable to him, and (2) 67 Stat. 137.
shall be made without regard to the limitations imposed by the amend-
ments made by sections 4 and 5 of this Act with respect to the amounts
of leave compensable under such Acts.
(b) In the event any such exempted officer, without any break in the
continuity of his service, again becomes subject to the Annual and
Sick Leave Act of 1951 upon the completion of his service as an 5 USC 2061 note.
exempted officer, the unused annual and sick leave standing `to his
credit at the time he was exempted from the Annual and Sick Leave
Act of 1951 shall be deemed to have remained to his credit.
SEo. 3. (a) Section 203 (c) of the Annual and Sick Leave Act of 5 USC 2062.
1951 is amended to read as follows :
"(c) The annual leave provided for in this section, which is not used maximum
by an officer or employee, shall accumulate for use,in succeeding years aooumulation,
until it totals not to exceed thirty days at the beginning of the first com-
plete biweekly pay period, or corresponding period in the case of an
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Pub. Law 102 - 2 -
officer or employee who is not paid on the basis of biweekly pay periods,
occurring in any year."
(b) So much of section 203 (d) of the Annual and Sick Leave Act
of 1951 as precedes paragraph (1) thereof is amended to read as
follows :
"(d) Notwithstanding the provisions of subsection (c), a maximum
accumulation not to exceed forty-five days at the beginning of the first
complete biweekly pay period, or corresponding period in the case of
an officer or employee who is not paid on the basis of biweekly pay
periods, in any year is authorized to the following categories of
employees of the Federal Government, other than officers and
employees in the Foreign Service of the United States under the
Department of State, stationed outside the several States and the
District of Columbia : ".
65 Stat. 682. (c) Section 208 (a) of the Annual and Sick Leave Act of 1951 is
5 USC 2066. amended to read as follows:
"SEC. 208. (a) In any case in which-
"(1) the amount of accumulated annual leave to the credit of
an officer or employee immediately following the end of the last
complete biweekly pay period in the calendar year 1952, or corre-
sponding period in the case of an officer or employee who is not
paid on the basis of biweekly pay periods, under the provisions
of law then applicable to such officer or employee is in excess of
the amount allowable under the applicable provisions of section
203, or
"(2) the amount of accumulated annual leave to the credit of
an officer or employee who is subject to the provisions of section
203 (d) and who becomes subject to the provisions of section 203
(c) is in excess of the amount allowable under section 203 (c),
such excess shall remain to the credit of such officer or employee until
used, but the use during any leave year of an amount in excess of the
aggregate amount which shall have accrued during such year shall
automatically reduce the maximum allowable accumulation at the
beginning of the first complete biweekly pay period, or corresponding
period in the case of an officer or employee who is not paid on the basis
of biweekly pay periods, in the following leave year, until the accumu-
lation of such officer or employee no longer exceeds the amount pre,
scribed in the applicable provisions of section 203."
Lump-sum SEc. 4. (a) The second and third sentences of the first section of the
payment. Act of December 21, 1944, are amended to read as follows : "Such
58 Stat. 845. lum -sum payment shall e ual the compensation that such officer or
5 USC 61b. emp oyee won have receive is he remained in the service until
67 Stat. 137. the expiration of the period of such annual or vacation leave, except
67 sta . 138. that after August 31, 1953, no such lump-sum payment shall exceed
compensation for any period of such leave in excess of thirty days
or the number of days carried over to his credit at the beginning; of
the leave year in which entitlement to payment occurs, whichever is
Refund, the greater. If such officer or employee is reemployed (other than in
a position exempted from the Annual and Sick lave Act of 1951
5 use 2061. under section 202 (b) (1) (B), (C), or (H) of such Act) in the
Federal service or in or under the government of the District of
Columbia prior to the expiration of the period covered by such leave
payment, he shall refund to the employing agency an amount equal
to the compensation covering the period between the date of
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reemployment and the expiration of such leave period. The leave
represented by any such refund-
"(1) in the case of an officer or employee reemployed under the
same leave system, shall be recredited to him in the employing
agency in an amount equal to the amount represented by the
refund ;
"(2) in the case of an officer or employee reemployed under a
different leave system, shall be recredited to him in the employing
agency on an adjusted basis in accordance with regulations to be
prescribed by the Civil Service Commission; and
"(3) in the case of an officer or employee reemployed in an
office or position exempted from the Annual and Sick Leave Act
of 1951 under section 202 (c) (1) of such Act, shall be deemed, 5 use 2061.
upon separation from service, death2 or transfer to another office
or position in the Government service, to have remained to the
credit of such officer or employee.
Any amounts so refunded shall be deposited in the Treasury to the
credit of the employing agency. The lump sum payment herein
authorized shall not be regarded, except for purposes of taxation,
as salary or compensation and shall not be subject to retirement
deductions."
(b) Section 205 of the Annual and Sick Leave Act of 1951 is 5 use 2064.
amended by adding at the end thereof a new subsection to read as
follows :
"(.e) In the case of transfer of an officer or employee between posi- Transfer.
tions under different leave systems (other than transfers involving
positions exempted under section 202 (b) (1) (B), (C), or (H) ), with- 5 use 2061.
out a break in service, the annual and sick leave to t ie credit of such
officer or employee shall be transferred to his credit in the employing
agency on an adjusted basis in accordance with regulations to be pre-
scribed by the Civil Service Commission."
SEC. 5. Clause (6) of section 2 of the Act of August 3 1950, is Deoedents.
amended to read as. follows: "(6) payment for all accumulated and 64 stat. 396.
current accrued annual or vacation leave equal to the compensation 5 use 61g.
the decedent would have received had he remained in service until the
expiration of the period of such annual or -vacation leave, except that
after August 31, 1953, no such lump-sum payment shall exceed com-
pensation for any period of such leave in excess of thirty days or the
number of days carried over to his credit at the beginning of the leave
year in which entitlement to payment occurs, whichever is the
greater; '.
SEC. 6. The heads of the departments and agencies are authorized Reduction of
and directed to take such action as may be necessary to bring about excess.
reductions in the accumulated annual leave to the credit of officers and
employees which is in excess of the amounts allowable under the
applicable provisions of section 203 of the Annual and Sick Leave Act 5 use 2062.
of 1951, as amended by this Act, it uin a reasona e period o years, 67 stet. 136.
consistent with the exigencies of the public business, and to make such -6-77777 reports with respect to the action taken as may be requested by the
Civil Service Commission. The Civil Service Commission shall Report to
include in its annual report to the ( ingress a statement of the progress congress.
made in carrying out the purposes of this section.
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Pub. Law 102 - 4 -
All 67 Stat. 139.
Effective dates. SEC. 7. (a) Section 401 of the Independent Offices Appropriation
66 Stat. 418. Act, 1953 (Public Law 455, Eighty-second Congress), is repealed,
5 USC 2062a. effective as of June 29, 1953.
58 Stat. 846. (b) Sections 3 and 4 of the Act of December 21, 1944, are hereby
5 USC 61d,61e. repealed.
SEC. 8. The first section and section 2 of this Act shall take effect on
the first day of the first pay period which begins after the date of
enactment of this Act.
Approved July 2, 1953.
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