EXEMPTION FROM ANNUAL AND SICK LEAVE ACT OF CERTAIN OFFICERS IN THE EXECUTIVE BRANCH

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP57-00384R000500120002-4
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 16
• Document Creation Date: December 12, 2016
• Document Release Date: August 18, 2000
• Sequence Number: 2
• Publication Date: May 20, 1953
• Content Type: OPEN

?200 0 : CIA-RDP57-00384R0040500120002-4
0 6
. They are the ones
losing.
at Ne?
Th p Sengox 1.75 41)Sehlie1y
_
Rt. It Pat Ilk/ true that
9.-war4P??tQ speculate
n who Iv ps by inflation?
Mr. ?resident, the infia-
thries through _which we have
-hatie been wonderful for the
atOrS. They have -thine well. I
det :that IBat fact 'has- been partly
.titThleor he relOetance, of some
altiy people and speculator
inflation, because they have cone
Under it. At some future time
like to develop that point: be-
have'ofterf said, Under
infia-
rich become richer and the .Poor
,poorer. Under irdiatioh the
the_things one -owns- goes up,
tlie Map who dos not own ,a4.Y
does not enjoy the benefit of
,440agelp, valjje., Eowcy4, the Cost
_ng goes Up, and his income- re-
IVicreevcr, as the value
ogert Securities, or real estate
?goes up, his
Ta,propertY also goes
Ott undcr6 or
4?rifta,ttrzn thni the poor
S no property, and who is
anis a raise after the
'k_why in-
t ht rich become
oor -become .poorer.
ICA,,.:Vresila,ent, Ti sn-
rpstriAt sernetime in the
TAtife: the:distiriguished and
1149. F.-.;J#413, QX:P.0*-Vt
he subject upon which he has
spolen. It is essential for the
fe dr 1e United otofe? to under-
rn,14 solvent
Iris sound; ,
e, 8epatOr will permit me, I
lls,09,give an illustration of what
pleaAs. A farmer in my own
same to me not long ago and
L? should like to give you an illus-
Of What inflation has done to "Tie.
,yeafs 461P I bought $1,000 worth of
bO0C1s. The other, day I cashed
gat' my $1,000. They cost me
the time I-bought those say-'
S could ,have bought aFord
Ozarget. ooweyer, now,
$1,000 I Could not buy half a
otIieS'enatOr agree that that
good illustration Of the situa-
' Va
ki',1 ? - I yield the floor unless
,.. . . .,
Of 41(' :VC Yolo? - ? uestions
$5016/4101R-93DX ? ? ?,, 0 - i.
?likvAralm30(0)*00;
It 1-5 a very good illustra-
'tional factor is that he
de 9 be getting a return on
'ffowever, the _inflation was
hat thereturn wifhered with
al. :the Senator is absolutely
most grateful for his
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iel
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ose?
est the absence
SIONAL RECORD ? SENATE
e PRESIDING 0.toriCER. The
clerk will call the roll.
The legislative clerk proceeded to call
the r011. _ - ? -
Mr. BRICKER, Mr. President, I ask
unanimous Consent that the order for a
quorum call be rescinded and that fur-
ther proceedings under the call be
dispensed with,??
The P INCE OFFICER. Without
objec , it is so ordered.
.-EXEMPTION FROM ANNUAL AND
SICK LEAVE ACT OF CERTAIN
atoloiCERS IN -TUE txECA.:Th
BRANCT.-1 , _ _
The Senate resumed the consideration
of the bill (H. R. 4654) 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.
Mr. CARLSON. Mr. President, the
purpose of House bill 4654 is to settle a
number of issues relating to the annual
leave rights of and lump-sum payments
for unused annual leave to employees
in the executive branch of the Govern-
ment. The bill deals not only with cer-
tain matters that have caused many of
us great concern during recent weeks
but, in addition, it contains provisions
that will enable the heads of depart-
ments and agencies to adopt more eco-
nomical and efficient practices in the
scheduling of work assignments and
vacation periods throughout the Federal
service.
The bill accomplishes the following
major objectives:
First. It removes high officials in the
executive branch of the Government
from the leave system applicable to Fed-
eral employees generally.
Second. It ends the granting of lump-
sum payments to such exempted officials
covering periods of service in the future.
Third. It settles two basic questions:
First, which officers are entitled to the
compensation attached to their office
by virtue of their status as officers and,
second, which officers are required to
conform to the regular statutes and reg-
ulations governing hours of work and
leaves of absence.
Fourth. It restores the annual leave
accumulation provisions of the 1951
Leave Act by repealing section 401 of
the Independent Offices Appropriation
Act, 1953?Public Law 455, 82d Congress.
' Mr. President, I desire at this time to
explain in some little detail the back-
ground and importance of each of the
four major objectives of this bill.
First, the removal of certain high
officials from the leave system applic-
able to Federal employees generally.
-The granting of leave of absence with
pay to employees of the Government
goes back to the act of March 3, 1893.
From then until the act of March 14,
1936, with the exception of a temporary
economy act, the statutes provided in
substance that the head of a department
might grant 30 days' annual leave with
pay to each clerk or employee.
Na_?.-AQL.Uatil-th.t..A.Q.L.i2L1P36 that
the right of Wipers, as distinguished_
from employees to earn and accrue an-
-
5733
nual leave was established. The 1936
act, in pertinent part, provided that?
All civilian officers and employees of the
United States wherever stationed and of the
District of Columbia, regardless of their
tenure, in addition to any accrued leave,
shall be entitled to 26 days' annual leave
with pay each calendar year, exclusive of
Sundays and, holidays.
Subsequent to enactment of the 1936
apt, the Comptroller General was asked
far a decision as to whether the act was
applicable to the Administrator, Wage
and Hour Division, Department of Labor,
whojlad, been...appointed by the Presi-
dent with _tha advice and consent of the
0,enata.
The Comptroller General on the basis
of the language of the act and in the
absence of any indication in the legisla-
tive history of the act that it was not
intended to apply to cabinet officers,
agency heads, or other appointive offi-
cials held in a decision rendered on No-
vember 14, 1939, that the official in ques-
tion, being a civilian official of the United
States and not expressly excepted from
the terms of the statute, was entitled
to annual leave with pay under the
terms of the 1936 act.
Although under this act civilian offi-
cers and employees were entitled to earn
and accrue unused leave, upon the ter-
mination of their services the accrued
leave to the credit of such officials and
employees could not be liquidated in a
lump sum. Consequently, such officials
and employees were carried on the pay-
roll in a leave status until the expiration
of their accrued leave and then termi-
nated.
By the act of December 21, 1944, Con-
gress provided for the liquidation of ac-
cumulated and accrued annual leave due
an officer or employee upon separation
from the service in a lump sum.
The reason for the enactment of the
1944 act as set forth in reports of the
committees.on civil service of the Senate
and House are, in part, as follows:
The purpose of this bill is to authorize
a lump-sum payment for accumulated an-
nual or vacation leave due any officer or em-
ployee of the Government when separated
from the Government (or in the event of
death).
At the present time there is no authority
in law to pay an employee in money for such
leave as may be due him upon separation
from the service. In order to receive the
benefits of accumulated leave prior to sep-
aration from the service, the date of separa-
tion must be fixed at the expiration of such
leave. Employees who are to be separated
from the service therefore, must be carried
on the payroll as nominal employees until
they have received salary for the period cov-
ered by the accumulated leave.
The reports of the Senate and House
Committees on Civil Service in connec-
tion with the 1944 Lump-Sum Act then
state:
This bill would provide many benefits
such as the problem of dual compensation;
stop service credit on the last day of active
duty; permit immediate recruitment of a
successor to a separated employee; would
make fund available to employees leaving the
services after the war enabling them to re-
turn to their homes; would simplify and
expedite clearance of records in closing out
installations- would eliminate considerable
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5734 CONGRESSIONAL RECORD ? SENATE May 26
paperwork for payroll sections, and Would
save expenses to the Government.
After the 1944 act became law, the
Comptroller General, in response to a
Question raised by the Federal Commu-
nications Commission with regard to the
leave rights of a Commissioner, held as
follows:
The Annual Leave Act of March 14, 1936,
is applicable to all civilian officers and em-
ployees of the United States, with certain
exceptions not here material. Also, the act
of December 21, 1944, is applicable to any
civilian officer or employee of the United
States who is entitled to receive leave of
absence with pay. Therefore, a Commis-
sioner of the Federal Communications Corn-
misison, who is a civilian officer of the United
States, clearly comes within the purview of
both statutes.
In 1951 the leave laws applicable to
civilian officers and employees were re-
vised by enactment of the Annual and
Sick Leave Act of 1951.
The provisions of the 1951 act, like
the provisions of the 1936 Leave Act and
the 1944 Lump-Sum Act, apply to Cabi-
net members, agency heads, and other
officials as well as employees.
That, in brief, is the history of the
leave and lump-sum rights of civilian
officers and employees in the Federal
service.
The disclosure recently that 215 high
officials of the Government who left the
service during the period November 1,
1952, to February 15, 1953, received
lump-sum payments aggregating over
$700,000 on account of annual leave re-
maining to their credit indicated the
need for reconsideration of the issues in-
volved.
The Committee on Post Office and Civil
Service, of which I have the honor to be
chairman, is unanimous of the view that
a formal leave system and the right to
lump-sum payments on account of any
unused leave growing out of such a sys-
tem is not appropriate in the case of top-
ranking officials in the Government.
This conclusion is based on the premise
that such officials can never divest them-
selves of their responsibilities even dur-
ing periods of vacation or illness. In
effect such officials are on duty at all
times; thus, it is absurd, in the case of
these officials, to pretend that attend-
ance and leave records can be main-
tained and then allow them lump-sum
payments for unused annual leave re-
maining to their credit when they leave
Such positions.
As indicated earlier this bill has four
Major objectives, the first of which is the
removal of certain high officials from the
leave system applicable to Federal em-
ployees generally.
Section 1 of the bill' accomplishes this
objective by removing from the Sick and
Annual Leave Act of 1951, the following:
First. All Presidential appointees in
the executive branch whose ratio of basic
compensation exceeds the maximum of
grade GS-18?presently $14,800.
Second. All chiefs of mission in the
Foreign Service and officers of similar
rank in other agencies who are paid in
accordance with the provisions of section
411 of the Foreign' Service Act of 1946?
$15,000 to $25,000 a year.
Third. Other officers that may be spe-
cifically designated by the President ex-
cept postmasters, United States attor-
neys, or United States marshals.
There are approximately 225 Presi-
dential appointees who will be exempted
from the 1951 Leave Act under the first
provision referred to above. There are
between 70 and 80 chiefs of mission in
the Foreign Service and between 15 and
25 comparable rank officers in other
agencies?principally in the Mutual Se-
curity Administration?who will be ex-
empted from th.e leave act under the sec-
ond provision. Under the third provision
the President has the authority?except
with respect to postmasters, United
States attorneys, and United States mar-
shals?to remove from the 1951 Leave
Act such other officers as he may desig-
nate. It has been indicated by the
Chairman of the Civil Service Commis-
sion speaking on behalf of the President
that a permissive provision of this kind
is advisable and necessary to bring about
the exclusion of officials comparable to
those specifically exempted such as the
Treasurer of the United States, the civil-
ian Commissioners of the District of
Columbia, etc. It is estimated that the
number of officers designated by the
President will number less than a hun-
dred. Thus, in total, the bill removes
the 400 to 500 top officials of the Govern-
ment from the leave act.
As indicated, the second major ob-
jective of the bill is to end the entitle-
ment of high officials to lump-sum pay-
ments covering periods of service in the
future.
This objective is accomplished by
exempting such officials from coverage
under the 1951 Leave Act. By termi-
nating their right to annual leave, they
automatically lose any rights to lump-
sum payment a covering periods of future
service.
The third major objective of the bill is
the settlement of two basic questions:
First, which officers are entitled to the
compensation attached to their office by
virtue of their status as officers. Sec-
ond, which officers are required to con-
form to the regular statutes and regula-
tions governing hours of work and leaves
of absence.
Section 1 of the bill settles both of
these questions. Officers who are ex-
empted from the act would retain their
present right to absent themselves from
duty as they see fit but they would lose
the present unwarranted added right to
leave benefits and lump-sum payments.
On the other hand, officers who are not
exempted from the Leave Act would lose
their freedom with respect to hours of
work but would retain their statutory
rights to annual leave and lump-sum
payments for any such unused leave
upon separation from the service.
The fourth and final major objective
of the bill is the restoration of the leave
accumulation provisions of the 1951
Leave Act. Those provisions permit a
maximum accumulation of 60 days' an-
nual leave by employees in the United
States and 90 days by overseas em-
ployees with minor exceptions.
The committee firmly believes that as
a general rule, agencies should restrict
the accuraulation of annual leave by see-
ing to it that employees take regularly
scheduled vacations. However, a rea-
sonable amount of flexibility in the use
and accumulation of annual leave is de-
sirable for a number of reasons:
First. The committee is convinced, on
the basis of testimony by the Civil
Service Commission: the Bureau of the
Budget, the General Accounting Office,
and others, that the restriction on ac-
cumulations of annual leave is costly and
unduly burdensome to administer. It is
costly because (a) under certain circum-
stances when employees are forced to
take time off or lose certain benefits to
which they are entitled their work is
done by others on an overtime basis, at
overtime rates of pay; (b) it is necessary
for agencies to maintain dual records on
each employee which increases over-
head; (c) its effect is reflected in higher
turnover and lower employee morale.
Second. During emergencies or OW,
periods it may be advantageous tc
Government to restrict the use of leave
on, a partial or total basis within an
agency or even throughout the Federal
service as a whole. Under these condi-
tions, if leave cannot be accumulated, ad-
ministrative officials must either force
employees to lose earned leave or must
grant leave, which results in loss of pro-
duction, and may require work by other
employees at overtime rates of pay.
Third. Employees earn only 13 days
annual leave during each of the first 3
years of their employment. During the
4th through the 15th years, they earn 20
days per year, and thereafter 26 days per
year. Not all of this time is available
for vacation purposes, for the reason
that every absence from duty for any
reason is charged to the employee's leave
account. As a result many employees,
particularly the newer ones, find it diffi-
cult and financially prohibitive to r
to their homes for their vacations(
amount of annual leave earned a,
maining to their credit during an4,; given
year.
Fourth. Federal employees, unlike
most employees in private employment,
are not covered by the Federal un-
employment-insurance program. The
only financial protection against unem-
ployment Federal employees have is the
accumulated annual leave standing to
their credit.
Fifth. The June 30 deadline date in
the Thomas amendment precedes the
normal summer vacation period. Thus,
to avoid the forfeiture of earned leave,
employees are compelled to schedule va-
cations at a time that is disadvantageous
to the agency where they are employed
because it causes an excess of leave-tak-
ing during the closing weeks of the fiscal
year, when the workload is often at its
peak.
Sixth. Another factor, and one not
without considerable significance, is the
1951 Leave Act itself This act has been
In effect only a little over a year?since
January 6, 1952, to be specific. Under
Its terms the vast majority of Federal
employees received a drastic cut-back in
the amount of annual and sick leave
earned each year. Sick leave was cut
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c()NGRESSIONALt. AECOR1)--5f4Nag , 5735
3 days _a year, Allkmal IMO doM to absent themselves from duty.
4,onow: . It is necessary, however, to provide stat-
ployees appointed for less khan utory leaves of absence for use in the
Ays?, reduced from 21/2 days a month United States, its Territories and pos-
ve. at all, sessions, so that their travel cost can
loyees with less than 3 years continue to be paid in the future, as at
reduced from 26 days to 13 days present.
-? .
Section 2 of the bill suspends the en-
91,Z411)10yees with 3 but less than titlement of officers taken out from
ears' service reduced from 26 days under the 1951 Leave Act, as a result
ays a year. of enactment of the bill, to liquidation,
ployees with over 15 years' by lump-sum payment at the time of
e change, or during their exemption from the act,
Ae?Cata as voted by the Senate in of any leave to which they are entitled
reduced the leave earnings of the immediately prior to their exemption.
million .Federal employees by 15,- Such leave will remain frozen to the
O1 days having a salary value of credit of the officer until first, he is sena-
orded ii another rated from the service, in which case it
ed,eral;e9mployees were required to will be liquidated at the rate of com-
,in n
il i days more, under the pensation he was receiving at the time
p,ve Act, than they would have of his exemption from the Leave Act;
4,Ead, that act not heen enaCted, or second, he trasfers to a position
emure was passed by the Senate subject to the Leave Act, in which case
the I-louse of Representatives. '1 it will be TeCredited tQ him.
id the Senate and the country to Finally, the bill contains a perfecting
?that because of that Leave Act, change to the Annual and Sick Leave
leyees contributed $275 million Act of 1951,
.17.ve* the Government would not The 1951 Leave Act provides that ern-
15794,41 that 41,Ct had not been ployees May not have more than speci-
y Congress. fled amounts of annual leave to their
tOffiCe and CiViLl Service _Com- credit at the end of the last pay Period
ieYes that the reduced rate of occurring in the year. The end of the
IlingS?1-111,cler the 1951 Leave Ad last pay period may occur on any date
oth tp.the employees and to the from December 20?as happened last
does believe, however, year?to the end of the month. When
ther?..restriction, such as that it occurs before Christmas, some ern-
the. Themas amendment, is ployees are forced to forfeit leave they
s,gar,,y nor advisable. might otherwise use over the Christmas
?ry? on this point, repeal and New Year's holidays. This can be
Ale Independent Offices overcome by correcting the 1951 Leave
yiation Act, 1953, and restoration Act to provide that employees may not
NellMUlation provisions of the have more than specified amounts of
c15,ek Lea,veAct of 9i1 would annual leave _to their credit at the be-
e, agencies to adopt more ef- ginning of the first pay period occurring
wprl.?olleclules and economical in the year. This management of the
the granting of leaves of leave year will permit the use of unused
$epee, (b? enable employees to take accrued leave over the holidays, while
) yaOa,gork, during the normal maintaining the advantages of pay-pe-
ion season, (c) enable employees to nod accounting.
aineurit aself -provided The committee believes that enact-
all, the event of sudden un- nient of the bill as reported is highly
ment through no fault of their desirablein the interest of economy and
_ .
good management,
imectlon with the four major Mr. President, I sincerely hope the bill
iyeL,Lhave covered, the bill con- will be passed.
e.:faawirks- necessary technical My colleagues will notice that various
c41?,tO inSure that they are car- amendments are submitted to the bill,
hitended,; which is a House measure, and deals with
_10 of section 1 enables the only one subject. In the amendments
ntherize leaves of absence we provide for the various changes.
MisSicui in. the foreign serv- So, Mr. President, I urge the passage
inparable ()facers for use in of the bill.
d..???ta,te4, its Terrjtories and Mr. WILLIAMS. Mr. President, will
p.-114-cler the, 1951 Leave Act, the Senator from Kansas yield?
MelYe, in addition to Oa- _ Mr. CARLSON. I am glad to yield.
lq,E141e, home leave, at the Mr. WILLIAMS. Is there in the bill
peklor eae,h_4 months' serv- any provision to prohibit the so-called
qme leave,isnot in _ firing-and-rehiring Xacket which was re-
as ariziuM leave, in cently exposed?a plan whereby employ-
used _tor that purpose ees were being separated from the serv-
ing, Prie_er DetWeen two _ ice and were paid for their annual leave,
and when j is not and then were being immediately reem-
for _ployed, without forfeiting their annual
_When-Bich leave
..1.9J1Lease _
lose their entitlementmot
,Alojkleam but also
is....122L.hry to
allnUal......and skis _
haverV
_ Mr. CARLSON. Yes; there is. We
think we have in the bill adequate provi-
sions on that point, and we also feel that
the General Accounting Office has made
some very definite rulings on this par-
Rhase
tinguished junior Senator from South
Carolina [Mr. JOHNSTON], the former
chairman of the Post Office and Civil
Service Committee, placed in the RECORD
earlier this year, I believe, some corre-
spondence he had on that subject with
the General Accounting Office.
As a committee, we felt that the mat-
ter was well taken care of.
Mr. WILLIAMS. Mr. President, will
the Senator from Kansas yield further?
Mr. CARLSON. I yield.
Mr. WILLIAMS. No doubt the Sena-.
tor from Kansas is familiar with the
amendment I offered a few days ago to
one of the appropriation bills. That
amendment provided that in the event
an employee was separated from the
service and received a- lump-sum pay-
ment for his annual leave, and then was
reemployed before the period covered by
his annual leave had expired, he would
be required to pay into the Treasury
an amount equal to the unexpired por-
tion of his annual leave.
Would the chairman of the committee
accept an amendment which would pro-
hibit that practice? I do not believe
it is fully corrected in the bill as it now
stands. I am sure the committee agrees
with me that Congress never intended to
endorse this practice when we passed the
original law.
Mr. CARLSON. Our committee dis-
cussed that matter at some length.
Personally, I am in accord with what the
Senator from Delaware desires to do.
If he believes that we have not taken
care of the matter in this bill?and I
certainly wish to take care of it?then
I would not have objection, personally,
to accepting his amendment and taking
it to conference, with the distinct un-
derstanding that I am not familiar with
the language of the amendment, al-
thought I am familiar with the principle
he is trying to apply, with which I am
in accord.
Mr. JOHNSTON of South Carolina.
Mr. President, will the Senator from
Kansas yield to me, to permit me to ask
a question of the Senator from Dela-
ware?
Mr. CARLSON. I yield.
Mr. JOHNSTON of South Carolina.
Let me ask the Senator from Delaware
what the amendment will do? Will it
change the amount of leave Federal em-
ployees have already accumulated?
Mr. Wu .1- JAMS. The amendment
was prepared by the Legislative Counsel,
and I think it accomplishes its purpose
outlined but, if in conference it is found
that a rewording of the amendment is
needed, I would not object.
The purpose of the amendment is that
in the event individual employees or a
group of employees are separated from
the service and receive lunlp-sum pay-
ments for their annual leave, and if, for
example, they had 60 days anual leave
coming to them, they are reemployed by
the Government within the 60-day pe-
rd, then to the extent that the 60-day
period had not expired, they would pay
back into the Treasury the amount rep-
resented by the unexpired portion.
This will prevent a repetition of the
case which occurred in the Rent Stabili-
ency where employees were,
Pc!'
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5736 CONGRESSIONAL RECORD?SENATE May 26
fired wholesale on Saturday night, and some future Comptroller General Will to elect to have such leave remain to his
were reemployed on Monday morning, reverse that interpretation and return to
credit until his return from active service
but in the meantime had received lump- the old interpretation. in the Armed Forces or the merchant marine.
Se (c) of the Annual
Slim. payments for their accumulated an- Mr. JOHNSTON of South Carolina. and Sick Leaction ve Act of203 1951 (65 Stat. 679)
nual leave. I agree with the Senator from Delaware is hereby amended by striking out the words
If my amendment is adopted, and a about that. bend of the last complete biweekly pay
similar incident occurs these employees Mr. CARLSON. Mr. President, would period" and substituting the , words "be-
could be reemployed only after they re- the distinguished Senator from South ginning of the first complete biweekly pay
turned to the Treasury the lump-sum Carolina agree that we might take this period."
(h) Section 203 (d) of the Annual and
payments they had received for their amendment to conference? Sick Leave Act of 1951 is hereby amended
accumulated annual leave?which I Mr. JOHNSTON of South Carolina. by striking out the words "end of the last
think such employees should do. I think it might be well to take it to con- complete biweekly pay period" and substi-
I repeat, the amendment merely pro- ference. If it is found in conference that tuting the words ''beginning of the fast
vides that employees cannot draw their there is any question of its constitution- complete biweekly pay period."
annual-leave payments and keep on ality?a question which might be raised (c) Section 208 (a) of the Annual and
working for the Federal Government. by the attorneys?of course, I know that Sick Leave Act of 1951 is amended by strik-
Mr. CARLSON. Mr. President, as I the Senator from Delaware would not ing out the words "end of the last complete
biweekly pay period" and substituting
have stated, personally I am In the
accord further insist upon it, or would modify words "beginning of the first complete with what what the Senator from Delaware the amendment in order to take care of weekly pay period."
Is trying to do. I have had discussions the situation. Sac. 4. The foregoing provisions of this act
with the General Accounting Office, The PRESIDING OFFICER. The shall take effect on the first day of the first
which, after having studied the bill, has clerk will state the committee amend- pay period Which begins after the date of
advised me that it would be glad to write ment which is in the nature of a sub- enactment of this act.
a letter to the effect that the bill does stitute for the bill. Sac. 5. Section 401 of the Indepi
Offices Appropriation Act, 1953 (Public"?w
take care of the. matter. The CHIEF CLERX. n is proposed +tO 465, 82d Gong.), is Itereby repealed.
As I say, I shall be willing to take the strike out all afterthe enacting clause
amendment to conference, where the and insert in lieu thereof the following: Mr. WILLIAMS. Mr. President, I
proposal will be worked out with the That section 202 of the Annual and Sick offer the amendment which I send to the
conferees. Leave Act of 1951 is amended by adding a Mr. WILLIAMS. Then, Mr. President, subsection (c) as follows: desk.
PRESIDING OFFICER. The
I send the amendment to the desk. "(c) (1) This title shall not apply to the clerk will state the amendment of the
following officers in the executive branch of
Mr. JOHNSTON of South Carolina. Senator from Delaware.
the Government: (a) persons appointed by The CHIEF CLERK. On page 6, after'
Mr. President, I should like to make a the President by and with the advice and
stateinent about the matter with which consent of the Senate, or by the President line 18, it is proposed to insert:
the Senator from Delaware dealt a few alone, whose rates of basic compensation ex- Bac. 4. Under no circumstances shall any
months ago. eeed the maximum rate provided in the Gen- sums authorized or made available by this
I was interested in it, and I wrote to eral Schedule of the Classification Act of act be used to pay any civilian officer or
the Comptroller General of the United 1949, as amended; (b) persons who receive employee (except an officer or employee sta-
States, asking for a modification of the conmensation at one of the rates authorized tioned outside the continental United
In section 411 of the Foreign Service Act of States) for any period of terminal leave in
former ruling. In reply, the Comptroller 1946; and (c) such other officers (except excess of 60 days; and if such officer or ern-
General, advised that, having inquired postmasters, United States attorneys, and plOyee reenters the service within a period
Into the matter further, a ruling had United States marshals) as may be desig- equal to that for which he was paid ter-
been Made which prohibits the very nated by the President. No officer in the minal leave he shall be required to refund
thing to which the Senator from Del- executive branch to whom this title applies to the United States an amount covering the
aware referred a few moments ago. shall be deemed to be entitled to the corn- period of accumulated unused.
Mr. WILLIAMS. I understand that pensation attached to his office solely by vir- The PRESIDING OFFICER,.
tue of his status as an officer.
tion, there is still this situation: A man authorize leaves of absence to persons who ment of the Senator from Delaware-
"(2) The President, in his discretion, May question is on agreeing to the a
Is correct, but, according to my informa- ?
can be reemployed in a different posi- are exempted from this title pursuant to WILLIAMS] to the committee amentte, _
tion, under a different annual-leave sys- subsection (c) (1) (b) for use in the United Mr. CARLSON. Mr. President, we are
tern. For example, if he is presently States and its Territories and possessions." willing to accept the amendment, and
holding a position as a permanent em- &no. 2. (a) The accumulated and current
ploye, and is transferred into temporary accrued annual leave to which any officer take a to conference.
status, he would be under a different exempted from the Annual and Sick Leave The amendment to the amendment
Act of 1951 as a result of the enactment of was agreed to.
leave system. Temporary employees this act is entitled immediately prior to the Mr. CARLSON. 1VIr. President, I have
have a different leave system than that date this act becomes applicable to him shall -
of permanent employees. There is be liquidated by a lump-sum payment at prepared anamendment somewhat along
therefore a question in the minds of the rate of compensation which he was re- the same line, which I ask to be made a
some of those in the Comptroller Gen- ceiving immediately prior to such date only part of the RECORD at this point
erars Office as to whether the modified upon (1) the separation of such officer from The PRESIDING OFFICER. Is there
rule corrects that situation. Again I say the service, (2) the death of such officer,
or (3) the transfer of such officer to a posi- objection?
the amendment would merely accom- leave
under a leave system other than the There being no objection, the amend-
plish what we are all trying to do, and
Tv:Iroofyid19e5d1.by the Annual and ment intended to be proposed by Mr.
what the Comptroller General says must Sick L CARLSON to the committee amendment
be done. I think it would afford an addi- (e) In the event any such exempted offi- was ordered to be printed in the RECORD,
tional safeguard. tier, without any break in the continuity of as follows:
Mr. JOHNSTON of South Carolina. his service, again becomes subject to the On page 5, beginning with ' the word only,"
I think that was true until the Comp- Annual and Sick Leave Act of 1951 upon the ill line 10, strike out down through line 14,
letionh of his service as an exempted
troller General made his last ruling, comp and insert in lieu thereof the following: "in
officer. suc officer shall be reeredited with
which, in a way, changed his former rul- unused annual and sick leave standing accordance with the act of December 21, 1944.
ing. The last ruling will, I think, take the
s credit at the time he was exempted However, no officer shall be considered, by
care of tlie situation about which the form the Annual and Sick Leave Act of 1951. reason Of the enactment of this act, to have
Senator from Delaware has complained. (c) In the event any such exempted offi- been transferred to a different leave system
I base imy statement upon the letter ipof cer is separated from the service to enter Within the meaning of such act."
-
the Comptroller General to me and also upon active service in the Armed Forces Mr. ,YENNER, Mr. President---
upon the order which he enclosed there- or the merchant marine of the United States, The ' PRESIDING OFFICER. Does
with. _ - riuch officer shall be entitled (1) to receive the laator from Names yield to the
_ N .-- compensation coverMg the accumulated and . ,
current accrued annual leave to which he Senator from Indiana?
Mr. WILLLAMS. Perhaps - that 1,s
true. But if we adopt this atitendment to entitled immediately prior to the date - Mr: cARLsotir. 1 win be pleased to
we will preclude any possibrichanee that this act becomes applicable to him, Or (2) yield to the Senator, or, if he desires
The
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S. 1046
AN ACT All 65 Stat. 672,.
To readjust postal rates.
Be it enacted by the Senate and House of Representati/oes of the
'United States of America in Congress assembled,
TITLE I Postal rates.
FIRST-CLASS MAIL
SECTION 1. (a) The rate of postage on each single postal card issued Postal oards.
and sold under the provisions of section 3916 of the Revised Statutes
(U. S. C., title 39, sec. 356), and on each portion of double postal cards
issued and sold under the provisions of the Act of March 3, 1879
(U. S. C., title 39, sec. 358), shall be 2 cents: Provided, That on all 20 Stat. 362.
single and double postal cards sold in quantities of fifty or more there
shall be an additional charge of 10 per centum. The rate of postage
on each private mailing or post card conforming to the conditions pre-
scribed by the Act of May 19, 1898 (U. S. C., title 39, sec. 281), shall be 30 Stat. 419.
2 cents.
(b) Except as provided in paragraph (a) of this section, the rate of Rate of postage.
postage on mail matter of the first class when mailed for local delivery
" at post offices where free delivery by carrier is not established and when
the matter is not collected or delivered by rural or star route carriers,
shall be 2 cents for each ounce or fraction thereof.
SECOND-CLASS MAIL
SEc. 2. ( a) In the case of publications entered as second-class mat-
ter (including sample copies to the extent of 10 per centum of the
weight of copies mailed to subscribers during the calendar year) when
mailed by the publisher thereof from the post office of publication and
entry or other post office where such entry is authorized, or when mailed
by news agents (registered as such under regulations prescribed by the
Postmaster General) to actual subscribers thereto or to other news
agents for the purpose of sale, the total postage computed at the pound
rates in effect under existing law and based on the bulk weight of each
mailing shall be increased (1) by 10 per centum, beginning on April
1, 19522 (2) by an additional 10 per centum, based on the rates now in
force, beginning on April 1, 1953, and (3) by an additional 10 per
centum, based on the rates now in force, beginning on April 1, 1954:
Provided, That publications having over 75 per centum advertising in
more than one-half of their issues during any twelve months' period
shall not be accepted for mailing as second-class matter and their entry
shall be revoked except that for the purpose of this proviso only, a
charge made solely for the publication of transportation schedules,
fares, and related information shall not be construed as constituting a
charge for advertising: Provided further, That the rate of postage on
newspapers or periodicals maintained by and in the interests of reli-
gious, educational, scientific, philanthropic, agricultural, labor, veter-
ans' or fraternal organizations or associations, not organized for profit
and none of the net income of which inuresto the benefit of any private
stockholder or individual, shall be 11/2 cents per pound or fraction
thereof, and the increases provided by this section shall not apply Nonapplioability.
to such rate: And provided further, That existing rates shall continue
in effect with respect to any religious, educational, or scientific publi-
cation designed specifically for use in school classrooms or in religious
instruction classes. The publisher of any such newspaper, periodical,
or publication before being entitled to such rate shall furnish proof
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of qualification to the Postmaster General at such times and under such
conditions as the Postmaster General may prescribe.
(b) The free-in-county mailing privilege and the rates of postage
on copies of publications of the second class when addressed for
delivery within the county in which they are published and entered
as such shall be the same as authorized by existing law: Provided fur-
ther, That copies of a publication mailed at a post office where it is
entered, for delivery by letter carriers at a different post office within
the delivery limits of which the headquarters or general business
office of the publisher is located, shall be chargeable with postage at
the rate that would be applicable if the copies were mailed at the
latter office, unless postage chargeable at the pound rates from the
office of mailing is higher, in which case such higher rates shall apply.
(c) In no case, except where the free-in-county mailing privilege
is applicable, shall the postage on each individually addressed copy
be less than one-eighth of 1 cent.
(d) The rate of postage on copies of publications having second-
class entry mailed by others than the publishers or authorized news
agents, sample copies mailed by the publishers in excess of the 10
per centum allowance entitled to be sent at the pound rates, and copies
mailed by the publishers to persons who may not be included in the
required legitimate list of subscribers, shall be 2 cents for the first
two ounces and 1 cent for each additional two ounces or fraction
thereof, except when the postage at the rates prescribed for fourth-
class matter is lower, in which case the latter rates shall apply,
computed on each individually addressed copy or package of unad-
dressed copies, and not on the bulk weight of the copies and packages.
Free-in-oounty
mailing.
Sample oopies,
etc.
THIRD-CLASS MAIL
SEC. 3. The rate of postage on third-class matter shall be 2 cents for
the first two ounces or fraction thereof, and 1 cent for each additional
ounce or fraction thereof up to and including eight ounces in weight,
except that the rate of postage on books and catalogs, of twenty-four
pages or more, seeds, cuttings, bulbs, roots, scions, and plants not
exceeding eight ounces in weight shall be 2 cents for the first two ounces
or fraction thereof and 11/2 cents for each additional two ounces or
Bulk mail, fraction thereof: Provided, That upon payment of a fee of $10 for
each calendar year or portion thereof and under such regulations as
the Postmaster General may establish for the collection of the lawful
revenue and for facilitating the handling of such matter in the mails,
it shall be lawful to accept for transmission in the mails, separately
addressed identical pieces of third-class matter in quantities of not
less than twenty pounds, or of not less than two hundred pieces, sub-
ject to pound rates of postage applicable to the entire bulk mailed at
one time: Provided further, That the rate of postage on third-class
matter mailed in bulk under the foregoing provision shall be 14 cents
for each pound or fraction thereof with a minimum charge per piece
of 1 cent, except that in the case of books and catalogs of twenty-four
pages or more, seeds, cuttings, bulbs, roots, scions, and plants the rate
shall be 10 cents for each pound or fraction thereof with a minimum
charge per piece of 1 cent: Provided further, That the minimum charge
per piece of 1 cent specified in the foregoing proviso shall be increased
to 11/2 cents on July 1, 1952: Provided further, That pieces or pack-
ages of such size or form as to prevent ready facing and tying in bundles
and requiring individual distributing throughout shall be subject
Nonapplioabil- to a minimum charge of 3 cents each: And provided further, That
ity. the rates prescribed by this section shall not apply with respect to
matter mailed by religious, educational, scientific, philanthropic, agri-
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cultural, labor, veterans', or fraternal organizations or associations,
not organized for profit and none of the net income of which inures to
the benefit of any private stockholder or individual, and the existing
rates shall continue to apply with respect to such matter.
BOOKS
SEC. 4. The rates of postage prescribed by subsections (d) and (e)
of section 204 of the Postal Rate Revision and Federal Employees
Salary Act of 1948 shall remain in effect until otherwise provided by 62 Stat. 1263.
Congress.
SPECIAL DELIVERY 19 U.S.C.
2924.
SEC. 5. Mail of any class shall be given the most expeditious han-
dling and transportation practicable and immediate delivery at the
office of address when, in addition to the regular postage, a special-
delivery fee is prepaid thereon by means of special-deliverEstamps or
ordinary postage stamps, or in such other manner as the Postmaster
General may prescribe, in accordance with the following schedule:
Matter weighing not more than two pounds, if of the first class, 20
cents; if of any other class, 35 cents. Matter weighing more than two
but not more than ten pounds, if of the first class, 35 cents; if of any
other class, 45 cents. Matter weighing more than ten pounds, if of
the first class, 50 cents; if of any other class, 60 cents.
REGISTERED MAIL
SEC. 6. (a) Mail matter shall be registered on the application of the
party posting the same. The registry fees, which shall be in addition
to the regular postage, and the limits of indemnity therefor within
the maximum indemnity provided by this subsection, shall be as
follows:
For articles having DO intrinsic value and for which no indemnity
is payable, 30 cents;
For registry indemnity not exceeding. $5, 40 cents;
For registry indemnity exceeding $5 but not exceeding $25, 55 cents;
For registry indemnity exceeding $25 but not exceeding $50, 65
cents;
For registry indemnity exceeding $50 but not exceeding $75, 75
cents;
For registry indemnity exceeding $75 but not exceeding $100, 85
cents
For registry indemnity exceeding $100 but not exceeding $200, 95
cents;
For registry indemnity exceeding $200 but not exceeding $300,
$1.05;
For registry indemnity exceeding $300 but not exceeding $400,
$1.15;
For registry indemnity exceeding $400 but not exceeding $500, $1.25;
For registry indemnity exceeding $500 but not exceeding $600, $1.35;
For registry indemnity exceeding $600 but not exceeding $700, $1.45;
For registry indemnity exceeding $700 but not exceeding $800, $1.55;
For registry indemnity exceeding $800 but not exceeding $900, $1.65;
For registry indemnity exceeding $900 but not exceeding $1,000,
$1.75: Provided, That for registered mail having a declared value
in excess of $25 a registry fee of not less than 55 cents shall be paid.
(b) For registered mail or insured mail treated as registered mail
having a declared value in excess of the maximum indemnity covered
by the registry or insurance fee paid there shall be charged additional
fees (known as "surcharges") as follows: When the declared value
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exceeds the maximum indemnity covered by the registry or insurance
fee paid by not more than $50, 2 cents; by more than $50 but not more
than $100, 3 cents; by more than $100 but not more than $200, 4 cents;
by more than $200 but not more than $400, 6 cents; by more than $400
but not more than $600, 7 cents; by more than $600 but not more than
$800, 8 cents; by more than $800 but less than $1,000, 10 cents; and
if the excess of the declared value over the maximum indemnity cov-
ered by the registry or insurance fee paid is $1,000 or more, the addi-
tional fees for each $1,000 or part of $1,000 on articles destined to
points within the several zones applicable to fourth-class matter shall
be as follows:
For local delivery or for delivery within the first zone, 12 cents;
For delivery within the second zone, 14 cents;
For delivery within the third zone, 16 cents;
For delivery within the fourth zone, 17 cents;
For delivery within the fifth or sixth zones, 18 cents;
For delivery within the seventh or eighth zones, 19 cents: Provided,
That for registered mail or insured mail treated as registered mail
of such kind or character that it may be carried at less than the maxi-
mum risk of loss in the malls, the Postmaster General may prescribe
rules for determining upon what part of the declared value in excess
of the maximum indemnity covered by the registry or insurance fee
paid the additional fees shall be based.
RETURN RECEIPTS FOR REGISTERED MAIL
SEC. 7. Whenever the sender of any registered mail shall so request,
and upon payment of a fee of 7 cents at the time of mailing or of
15 cents subsequent to the time of mailing, a receipt shall be obtained
for such registered mail, showing to whom and when the same was
delivered, which receipt shall be returned to the sender, and be received
in the courts as prima facie evidence of such delivery: Provided, That
upon payment of the additional sum of 24 cents at the time of mailing
of any such registered mail, a receipt shall be obtained for such
registered mail, showing to whom, when, and the address where the
same was delivered, which receipt shall be returned to the sender, and
be received in the courts as prima facie evidence of such delivery:
Provided further, That no refund shall be made of fees paid for return
receipts for registered mail where the failure to furnish the. sender
a return receipt or the equivalent is not due to the fault of the postal
service.
FEES FOR INSURED MAIL
SEC. 8. The fees for insurance, which shall be in addition to the reg-
ular postage, and the limits of indemnity therefor within the maximum
indemnity provided by this section, shall be as follows: 5 cents for
indemnification not exceeding $5; 10 cents for indemnification exceed-
ing $5 but not exceeding $10; 15 cents for indemnification exceeding
$10 but not exceeding $25; 20 cents for indemnification exceeding $25
but not exceeding $50; 30 cents for indemnification exceeding $50 but
not exceeding $100; 35 cents for indemnification exceeding $100 but
not exceeding $200.
RETURNED RECEIPTS FOR INSURED MAIL
SEc. 9. Whenever the sender of an insured article of mail on which
other than the minimum fee was paid shall so request, and upon pay-
ment of a fee of 7 cents at the time of mailing or of 15 cents subsequent
to the time of mailing, a receipt shall be obtained for such insured
mail, showing to whom and when the same was delivered, which receipt
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shall be returned to the sender, and be received in the courts as prima
facie evidence of such delivery: Provided, That upon payment of the
additional sum of 24 cents at the time of mailing of any insured article
of mail on which other than the minimum fee was paid, a receipt shall
be obtained for such insured mail, showing to whom, when, and the
address where the same was delivered, which receipt shall be returned
to the sender, and be received in the courts as prima facie evidence of
such delivery: Provided further, That no refund shall be made of fees
paid for return receipts for insured mail where the failure to furnish
the sender a return receipt or the equivalent is not due to the fault of
the postal service.
FEES FOR COLLECT-ON-DELIVERY MAIL
SEC. 10. The fees for collect-on-delivery service for sealed domestic
mail matter of any class bearing postage at the first-class rate and for
domestic third- and fourth-class mail matter shall, in addition to the
regular postage and any other required fees, be as follows: 30 cents for
collections and indemnity not exceeding $5; 40 cents for collections and
indemnity exceeding $5 but not exceeding $10; 60 cents for collections
and indemnity exceeding $10 but not exceeding $25; 70 cents for col-
lections and indemnity exceeding $25 but not exceeding $50; 80 cents
for collections and indemnity exceeding $50 but not exceeding $100;
90 cents for collections and indemnity exceeding $100 but not exceed-
ing $150; $1 for collections and indemnity exceeding $150 but not
4111111 exceeding $200.
REGISTERED COLLECT-ON-DELIVERY MAIL
SEC. 11. (a) The fee for collect-on-delivery service for registered
sealed domestic mail of any class bearing postage at the first-class rate
shall, in addition to the regular postage and any other required fees,
be 80 cents for collections and indemnity not exceeding $10; $1.10 for
collections and indemnity exceeding $10 but not exceeding $50; $1.20
for collections and indemnity exceeding $50 but not exceeding $100;
$1.40 for collections and indemnity exceeding $100 but not exceeding
$200. The maximum amount of charges collectible on any registered
sealed domestic collect-on-delivery article shall be $200.
(b) When indemnity in excess of $200 is desired, the fee for such
registered sealed domestic collect-on-delivery mail shall, in addition
to the regular postage and any other required fees, be $1.50 for indem-
nity exceeding $200 but not exceeding $300; $1.60 for indemnity
exceeding $300 but not exceeding $400; $1.70 for indemnity exceeding
$400 but not exceeding $500; $1.80 for indemnity exceeding $500 but
not exceeding $600; $1.90 for indemnity exceeding $600 but not exceed-
ing $700; $2 for indemnity exceeding $700 but not exceeding $800;
$2.10 for indemnity exceeding $800 but not exceeding $1,000.
FEES FOR SPECIAL SERVICES
SEC. 12. (a) The Postmaster General is authorized to prescribe by
regulation from time to time the fees which shall be charged by the
postal service?
(1) for the registry of mail matter;
(2) for the insurance of mail matter, or other indemnification
of senders thereof for articles damaged or lost;
(3) for securing a signed receipt upon the delivery of regis-
tered or insured mail matter and returning such receipt to sender;
(4) for collect-on-delivery service;
(5) for special-delivery service;
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All 65 Stat. 677. ?
(6) for special-handling service;
(7) for the issuance of money orders;
(8) for notice to publishers of undeliverable second-class mail,
for notice of change of address, and for notice to addressee or
sender of undeliverable third- or fourth-class matter, or of unde-
liverable second-class matter mailed at the transient rate.
(b) Regulations issued by the Postmaster General under subsection
(a) shall, to the extent prescribed therein, supersede existing laws, reg-
ulations, and orders governing the fees for the services covered thereby.
JOINT COMMITTEE ON POSTAL SERVICE
Establishment. SEC. 13. (a) (1) There is hereby established a Joint Committee on
the Postal Service (hereinafter referred to as the "joint committee"),
to be composed of three members of the Committee on Post Office and
Civil Service of the Senate, to be appointed by the President of the
Senate, and three members of the Committee on Post Office and Civil
Service of the House of Representatives, to be appointed by the
Speaker of the House of Representatives.
(2) The chairman of the joint committee shall be the chairman of
the Post Office and Civil Service Committee of the Senate, and the
vice-chairman shall be the chairman of the Committee on Post Office
and Civil Service of the House of Representatives. Vacancies in the
membership of the joint committee shall not affect the power of the
remaining members to execute the functions of the joint committee,
and shall be filled in the same manner as the original selection. A
majority of the members of the joint committee, or any subcommittee
thereof, shall constitute a quorum for the transaction of business,
except that a lesser number, to be fixed by the joint committee, shall
constitute a quorum for the purpose of taking sworn testimony.
Study and (b) The joint committee, acting as a whole or by subcommittee,
investigation, shall conduct a thorough study and investigation in respect of the
following matters:
(1) Postal rates and charges in relation to the reasonable cost
of handling the several classes of mail matter and special services,
with due allowances in each class for the care required, the degree
of preferment, priority in handling, and economic value of the
services rendered and the public interest served thereby.
2) The extent to which expenditures now charged to the Post
Office Department for the following items should be excluded in
considering costs for the several classes of mail matter and special
services:
(A) Expenditures for free postal services;
(B) Expenditures in excess of revenues for international
postal services;
(C) Expenditures for subsidies for postal services pur-
suant to law or legislative policy of Congress;
(D) Expenditures in excess of revenues, pursuant to the
46 Stat. 523. Act of June 5, 1930 (39 U. S. C. 793), not enumerated in the
preceding subparagraphs (A)7 (B), or (C) ;
(E) Expenditures for services of any character not other-
wise enumerated herein which may be performed for other
departments and agencies of the Government; and
(F) Expenditures which may be justified only on a national
welfare basis and not primarily as a business function.
(3) Expenditures for the Post Office Department by other
Government agencies which should be considered in connection
with the cost for the handling of the several classes of mail matter
and special services, such as employees' retirement, use of Govern-
ment buildings, and maintenance services.
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(4) The extent, if any, to which Post Office Department
expenditures in excess of revenue, for its various services and for
the handling of various classes of mail, are justified as being in
the public interest.
(c) (1) The joint committee, or any duly authorized subcommit-
tee thereof, is authorized (A) to hold such hearings; (B) to sit and
act at such places and times; (D) to require, by subpena or otherwise,
the attendance of such witnesses and the production of such books,
papers, and documents; (I)) to administer such oaths; (E) to take
such testimony; (IT) to procure such printing and binding; and (0)
to make such expenditures, as it deems advisable. The cost of steno-
graphic services to report such hearings shall not exceed 25 cents per
hundred viNmals. The provisions of sections 102 to 104, inclusive, of
the Revised Statutes shall apply in the case of any failure of any
witness to comply with a subpena or to testify when summoned under
authority of this section.
(2) The joint committee is authorized to appoint and fix the
compensation of such personnel as it deems necessary to assist it in
the performance of its functions. Such compensation Shall not be
fixed at a rate in excess of the maximum rate payable under section
202 (e) of the Legislative Reorganization Act of 1946, as amended,
in the case of employees of standing committees, except that the joint
committee may employ part-time consultants, experts, and technicians
at a per diem rate not in excess of $50. The joint committee may also
contract for the service of accounting and management engineering
firms to assist it in the performance of its functions. Insofar as prac-
ticable, the joint committee Shall employ persons familiar with the
operation of the postal service, accounting practices, or problems of
public transportation and distribution with special reference to rate
making in those fields. The chairman and vice chairman of the joint
committee are authoried to assign from time to time the members
of the staff of their respective committees to duties and responsibilities
in connection with the operation of such joint committee.
(d) The joint committee shall report from time to time to the
conanahtees of the Senate and House of Representatives from which
the membership of the joint committee was appointed, and Shall
submit its final report to the Senate and the House of Representatives
not later than January 15, 1953, of the results of its study and inves-
tigation together with such recommendations as to necessary legisla-
tion as it may deem advisable. Upon the submission of such final
report the joint conanahAee shall cease to exist.
(e) There is hereby authorized to be appropriated not in excess
of $100,000 to carry out the purposes of this section, to be disbursed
by the Secretary of the Senate on vouchers signed by the chairman
and vice chairman of the joint committee.
REPEAL OP EXISTING PROVISIONS
SEC. 14. All existing laws or portions thereof, inconsistent or in
conflict with this title, are hereby amended or repealed.
APPLICATION TO GEAM
EGY1 15. This Act shall have the same force and effect within Guam
as within other possessions of the United States.
Powers.
Stenographic
services.
2 U.S.C.
?? 192-194.
Personnel, etc.
60 Stat. 835.
2 U.S.C. 5 72a.
Rrier,CTIVE DATE
Sac. 16. This title shall take effect on the first day of the third
calendar month following the calendar month in which it is enacted,
Reports to
Congress.
Termination
of committee.
Appropriation
authorized.
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except the rates herein provided for second-class mail shall take effect
on the first day of the second quarter beginning after the approval
of this Act.
Annual and
Siok Leave Aot
of 1951.
TITLE II
SEO. 201. This title may be cited as the "Annual and Sick Leave
Act of 1951".
COVERAGE AND ratEbtrrioris
SEO. 202. (a) Except as provided in subsection (b), this title shall
apply to all civilian officers and employees of the United States and
of the government of the District of Columbia, including officers and
employees of corporations wholly owned or controlled by the United
States.
(b) (1) This title shall not apply to?
(A) teachers and librarians of the public schools of the Dis-
trict of Columbia;
(B) part-time officers and employees (except hourly employees
in the field service of the Post Office Department) for whom there
has not been established a regular tour of duty during each
administrative workweek;
(C) temporary employees engaged on construction work at
hourly rates;
(D) employees of the Canal Zone Government and the Panama
Canal Company when employed on the Isthmus of Panama;
(E) commissioned officers of the Public Health Service;
(F) commissioned officers of the Coast and Geodetic Survey;
(G) doctors, dentists, and nurses in the Department of Medi-
cine and Surgery of the Veterans' Administration;
(H) officers and employees of the Senate and House of Repre-
sentatives; and
(I) officers and employees of any corporation under the super-
vision of the Farm Credit Administration of which oorpo ration
any member of the board of directors is elected or appointed by
private interests.
(2) This title, except section 203 (g), shall not apply to alien
employees who occupy positions outside the several States and the
District of Columbia.
(3) Section 204 of this title shall not apply to officers and members
of the Metropolitan Police and the Fire Department of the District of
Columbia.
ANNUAL LEAVE
Aoorual rate. SRC. 203. (a) Officers and employees to whom this title applies shall
be entitled to annual leave with pay which shall accrue as follows?
(1) one-half day for each full biweekly pay period in the case
of officers and employees with less than three years of service,
(2) three-fourths day for each full biweekly pay period (except
that the accrual for the last full biweekly pay period in the year
shall be one and one-fourth days) in the case of officdrs and
employees with three but less than fifteen years of service, and
(3) one day for each full biweekly pay period in the case of
officers and employees with fifteen years or more of service.
In determining years of service for the purposes of this subsection,
there shall be included all service creditable under the provisions of
46 Stat. 472. section 5 of the Civil Service Retirement Act of May 29, 1930, as
5 U.S.C. ? 707. amended, for the purposes of an annuity under such Act and the
determination of the period of service rendered may be made upon
the basis of an affidavit of the employee. In the case of an officer or
employee who is not paid on the basis of biweekly pay periods, the
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leave provided by this title shall accrue on the same basis as it would
accrue if such officer or employee were paid on the basis of biweekly
pay periods.
(b) Any change in the rate of accrual of annual leave by an officer
?or employee under the provisions of this section shall take effect as of
the beginning of the pay period following the pay period, or corre-
sponding period in the case of an officer or employee who is not paid
on the basis of biweekly pay periods, in which such officer or employee
completes the prescribed period of service.
(c) The annual leave provided for in this section, which is not used Aoouniulation,
by an officer or employee, shall accumulate for use in succeeding years limitation.
until it totals not to exceed sixty days at the end of the last 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,
occurring in any year.
(d) Notwithstanding the provisions of subsection (c), a maximum Employees out-
accumulation not to exceed ninety days at the end of the last complete side U.S.
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:
(1) Persons directly recruited or transferred from the United
States by the Federal Government.
(2) Persons employed locally but (A) who were originally
recruited from the United States and have been in substantially
continuous employment by other Federal agencies, United States
firms, interests, or organizations, international organizations in
which the United States Government participates, or foreign gov-
ernments, and whose conditions of employmentrovide for their
return transportation to the United States, or (B who were at the
1
time of employment temporarily absent from e United States
for purposes of travel or formal study and maintained residence in
the United States during such temporary absence.
(3) Persons who are not normally residents of the area con-
cerned and who are discharged from the military service of the
United States to accept employment with an agency of the Federal
Government.
(e) Where an officer or employee to whom the provisions of sub-
'section (d) are applicable, or who is in the Foreign Service of the
United States under the Department of State, and whose post of duty
is outside the several States and the District of Columbia returns to any
such State or the District of Columbia on leave, the leave granted
pursuant to this Act shall be exclusive of the time actually and neces-
sarily occupied in going to and from his post of duty and such time as
may be necessarily occupied in awaiting sailing or flight. The provi-
sions of this subsection shall not apply with respect to more than one
period of leave in any twenty-four month period.
(f) Officers and employees in the Foreign Service of the United Foreign Servioe.
States under the Department of State may be granted leave of absence,
without regard to any other leave provided by this title, for use in the
United States its Territories or possessions, at a rate equivalent to one
week for each four months of service outside the several States and the
District of Columbia. Such leave may be accumulated for future use
without regard to the limitation in subsection (c) but no such leave
which is not used shall be made the basis for any terminal leave or
lump-sum payment.
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Alien employees (g) Alien employees who occupy positions outside the several States
outside U.S. and the District of Columbia may, in the discretion of the head of the
department or agency concerned, be granted leave of absence with pay
not in excess of the amount of annual and sick leave allowable under
this title in the case of citizen employees.
Granting of ( h) The annual leave provided for in this section, including such
leave, leave as will accrue to any officer or employee during the year, may be
granted at any time during such year as the heads of the various
departments and independent establishments may prescribe.
Servioe require- (i) Notwithstanding the provisions of subsection (a), an officer or
ment. employee shall be entitled to annual leave under this title only after
having been employed currently for a continuous period of ninety days
under one or more appointments without break in service. In any case
in which an officer or employee completes a period of continuous
employment of ninety days there shall be credited to him an amount of
annual leave equal to the amount which, but for this subsection, would
have accrued to him under subsection (a) during such period.
Days of leave.
Pay-period
employment.
Part-time em-
ployees.
Rural oarriers.
SICK LEAVE
SEC. 201. (a) Officers and employees to whom this title applies shall
be entitled to sick leave with pay, which shall accrue on the basis of one-
half day for each full biweekly pay period.
(b) The sick leave provided for in this section, which is not used by
an officer or employee during the year in which it accrues, shall accumu-
late and be available for use in succeeding years.
(c) Not to exceed thirty days sick leave may be advanced in cases of
serious disability or ailments and when required by the exigencies of the
situation.
GENERAL PROVISIONS
Sta. 205. (a) The days of leave provided for in this title shall mean
days upon which an employee would otherwise work and receive pay,
and shall be exclusive of holidays, and all nonworkdays established by
Federal statute or by Executive or administrative order.
(b) An employee shall be considered for the purposes of this title
to have been employed for a full biweekly pay period if he shall have
been employed during the days within such period, exclusive of holi-
days and all nonworkdays established by Federal statute or by Execu-
tive or administrative order, which fall within his basic administrative
workweek.
(c) Part time officers and employees, unless otherwise excepted, shall
be entitled on a pro rata basis to the benefits provided by sections 203
and 204 of this title.
(d) The authorized absence of a rural carrier on Saturdays which
occur within or at the beginning or end of a period of sick or annual
leave of five or more days' duration (or four days' duration if a holiday
falls within or at the beginning or end of the period of sick or annual
leave) shall be without charge to such leave or loss of compensation.
Saturdays occurring in a period of annual or sick leave taken in a
smaller number of days may at the option of the carrier be charged to
his accrued leave and when so charged he shall be paid for such absence.
REGULATIONS
SEC. 206. The Civil Service Commission is authorized to prescribe
such rules and regulations as may be necessary to provide for the
administration of this title.
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REPEALS
Al]. 65 Stat. 682.
SEC. 207. (a) The following Acts or parts of Acts are hereby
repealed:
(1) The Act entitled "An Act to provide for vacations to Govern-
ment employees, and for other purposes", approved March 14, 1936
(49 Stat. 1161).
(2) The Act entitled "An Act to standardize sick leave and extend it
to all civilian employees", approved March 14, 1936 (49 Stat. 1162).
(3) Section 6 of the Act entitled "An Act to reclassify the salaries
of postmasters, officers, and employees of the Postal Service; to estab-
lish uniform procedure for computing compensation; and for other
purposes", approved July 6, 1945, as amended (59 Stat. 435).
(4) The paragraph under the heading "Public Printing and Bind-
ing" in the Act entitled "An Act making appropriations for sundry
civil expenses of the government for the fiscal year ending June
thirtieth, eighteen hundred and ninety-seven, and for other purposes",
approved June 11, 1896 (44 U. S. C. 45), relating to leaves of absence
of employees of the Government Printing Office.
5) The third proviso in the Act of August 29, 1916 (34 U. S. C. 513) .
6) Sections 931 and 932 of the Foreign Service Act of 1946.
7) Section 601 of the Independent Offices Appropriation Act, 1952.
(b) Section 2 of the Act entitled "An Act to provide for the promo-
tion of substitute employees in the postal service, and for other pur-
poses", approved April 15, 1947 (61 Stat. 40), is amended by striking
*me out the words "and leave".
SAVING PROVISION
SEG. 208. (a) In any case in which?
(1) the amount of accumulated annual leave carried over into
the calendar year 1952 by an officer or employee under provisions
of law applicable to such officer or employee on December 31, 1951,
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 year of an amount of leave in excess of the
aggregate amount which shall have accrued during such year shall
automatically reduce the maximum allowable accumulation at the end
of the last complete biweekly pay period in any year until the accumu-
lation of such officer or employee no longer exceeds the amount pre-
scribed in the applicable provisions of section 203.
(b) An officer or employee heretofore subject to a system of leave
administered on a calendar-day basis shall be deemed to have to his
credit on the effective date of this title five-sevenths day of leave charge-
able as provided in section 205 (a) for each calendar day's leave to his
credit on such date.
(c) No officer or employee shall be considered, by reason of the en-
actment of this title, to have been transferred to an agency under a
different leave system within the meaning of the Act entitled "An Act
to provide for the payment to certain Government employees for
accumulated or accrued annual leave upon their separation from Gov-
ernment service", approved December 21, 1944 (5 U. S. C. 61d).
5 U.S.C.
?? 29a, 30b-30e,
301.
5 U.S.C.
30f-30k,30m.
39 U.S.C.? 856.
29 Stat. 453.
39 Stat. 557.
60 Stat. 1028.
22 U.S.C.
t? 1146, 1147.
39 U.S.C. ? 8625.
58 Stat. 845.
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Postal servioe. (d) Any person who served during the period from December 1,
Annual and siok 1950, to January 6, 1952, as an employee in the postal service, other
leave. /than a substitute rural carrier, under a temporary or indefini" a appoint-
65 Stat. 682. ment for not less than ninety days and who shall not have been sep-
65 Stat. 683. arated from the postal service prior to January 6, 1952, shall be deemed
to have earned annual leave at the rate of fifteen days per year and sick
leave at the rate of 10 days per year, and for such purposes shall receive
credit for one-twelfth of a year for each whole calendar month he was
carried on the roll as a temporary or indefinite employee during such
period.
EFFECTIVE DATE
SEC. '209. This title shall take effect on January 6, 1952, except that
paragraph (7) of section 207 ( a) shall take effect as of the date of
65 Stat. 268. enactment of the Independent Offices Appropriation Act, 1952.
Approved October 30, 1951.
U. S. GOVERNMENT PRINTING OFFICE 1951 0 - 91267
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