EXECUTIVE POSTIONS IN CIA - EXEMPTION FROM ANNUAL AND SICK LEAVE ACT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP59-00882R000300060003-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 9, 2016
• Document Release Date: February 27, 2001
• Sequence Number: 3
• Publication Date: August 17, 1956
• Content Type: MF

Approved For Release 2001/08/24: CIA-RDP59-00882R00030006000 7(
OGC HAS REVIEWED.
17 August 1956
N)RANLJM FOR: Mr. Houston
SUBJECT . Executive 'osit,ions in CIA - Exemption From
Annual and Sick Leave Act
1. The Annual and Sick Leave Act of 1951, as amended,
(Title II, P. L. 233, 82nd Congress) provides:
"Sec. 202. (a) Except as provided in subsection
(b), this title bhalt apply to all civilian
officers and emp~oyees of the United States. . ."
The exemptions in subsectio (b) do not include any officers or
employees of this Agency. Subsection (c)(1), added by amendment
in Public Law 102, 83rd Congress, provides exemptions from the Act
of persons appointed by the: President, whose rates of basic compensation
exceed the maximum rate provided in the General Sched le of the
Classification Act of 1949, as amended. It also provides for the
exemption of such other officers as may be designated by the President.
The Director is therefore e~:empt by the terms of subsection (c)(1)
and the Deputy Director hash been exempted by Executive Order 10540,
dated 29 June 1954, issued cinder authority of subsection (c)(1). At
the present time all other full time officers and employees of the
Agency are subject to the Act.
2. The legislative h.story of the Annual and Sick Leave Act goes
into the reasons for the exemption from that Act of certain officers
of the Government. The conference report states that::the removal of
such officials from the exiting leave system is based on the theory
that such officials are, byvirtue of their respective offices and
positions, actually on duty; at all times, including periods of vacation
or sickness. It adds t),, ince such officials now have complete
freedom to absent themse.ve from duty as they see fit, it is incom-
patible with their offices .nd positions to make them subject to a
leave system requiring the intanence of attendance and leave records
and to allow them lump sum ,payment for unused leave. Section 202(c)(1)
of the Act also provides th4t no officer to whom such Act applies shall
be deemed to be entitled to:the compensation attached to his office
solely by virtue of his status as an officer. The conference report
Approved For Release 2001/08/24: CIA-RDP59-00882R000300060003-7
 Approved For Release 2001/08/24: CIA-RDP59-00882R000300060003-7
points out that the purpose; of this jrovision is to establish
a standard under which it c.n be determined which officers in
the executive branch are entitled to compensation attached to
their respective offices so ely by virtue'of their respective
statuses as officers and whch officers in the executive branch
are not so entitled. Thus, officers exempted from the Act are
now in the class entitled t~~ compensation by virtue of their
positions regardless of time and attendance whereas those not
exempted are subject to the; laws and regulations governing hours
of work, leaves of absence, and related :matters.
3. The theory that certain officials are, by virtue of
their respective offices at4 positions=, actually on duty at all
times, including periods of vacations and sickness would certainly
apply to many officials of this Agency. On that theory it would not
be unreasonable to provide tor exemptions from the Annual and Sick
Leave Act of officers of th? Agency in either the proposed Category 1
or Category 2, or both. However, section 202 makes it clear that
officers and employees of the Agency, except for the Director and
the Deputy Director, are su'3ject to tie provisions of the Annual
and Sick Leave Act. ?~ecausq of the wording of the statute, there
is no authority in the Director to exempt other officers of the
Agency from that Act. If certain oth? r officers are to be exempted
it must be done by executive order under the authority of section
sa(c) (1) (C).
Office of General Co
l
unse
Approved For Release 2001/08/24: CIA-RDP59-00882R000300060003-7