IMPROVING ADMINISTRATION OF LEAVE SYSTEM FOR FEDERAL EMPLOYEES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75B00380R000500360005-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 9, 2016
• Document Release Date: August 24, 2001
• Sequence Number: 5
• Publication Date: September 17, 1973
• Content Type: OPEN

Approved For Release 2001/08/29 : CIA-RDP75B0038OR000500360005-7
11 7948 CONGRESSIONAL RECORD - HOUSE September 17, 1973
forth in the section the Treasurer "is
authorized and directed" to draw on the
fund prior to reclamation to pay the
payee or special indorsee, The committee
decided not to make this change in
existing law. Therefore the committee
amendment is to strike the language of
subsection (a) of the bill with a further
amendment changing the lettering on
the remaining two subsections to "(a)"
and "(b)
COST
In testimony before the committee, the
Treasury :representative stated that the
fund was established in 1941 with an ap-
propriation of $50,000. This was utilized
as a revolving fund until 1963 when an
additional $50,000 was authorized. In
1970 this was increased to $200,000, and
in 1972 an additional $1,800,000 was au-
thorized. The revolving fund has now
been funded at the full amount of :ix
million.
The Treasury Department has fur-
nished the committee with a summary of
the numbers of checks and amounts in
connection with the operation of the re-
volving fund in the years 1962 through
1973, which showed that the losses which
were not recovered throughout the his-
tory of the fund were $68,148.90. The ex-
perience has been that recovery is made
in the overwhelming majority of the
cases and the amounts so recovered are
deposited 'In the fund. While it is not pos-
sible to predict what loss may occur in
specific cases in the future, it appears
that there should be a similar result in
effecting ultimate collection under the
provisions of this bill as has been the
cases under the existing provisions of
the law.
The bill provides for the utilization of
a time tested means for the payment of
the amounts due to payees on these
checks in these situations. It is recom-
mended that the amended bill be con-
sidered favorably.
The bill was ordered to be engrossed
and read a third time, was read the
third time, and passed, and a motion to
reconsider was laid on the table.
on and immediately prior to the effective
date of this Act shall be adjusted, as of
such effective date, under the provisions of
section 5334(d) of title 5, United States
Code.
SEC. 3. Section 10(b) (4) of the Military
Selective Service Act (50 App. U.S.C. 460
(b) (4)) is amended by-
(1) striking out "the Classification Act of
1949, as amended, the compensation" and
inserting in lieu thereof "the provisions of
chapter 61 and subchapter III of chapter 63
United States Code, relating to classification
and General Schedule pay rates, the basic
pay";
(2) striking out ": Provided, That the com-
pensation of employees of local boards and
appeals boards may be fixed without regard
to the Classification Act of 1949, as amended:
'.Provided further, That" and inserting in lieu
thereof ", however,"; and
(3) striking out ": Provided further, That
an employee of a local board having super-
visory duties with respect to other employees
of one or more local boards shall be desig-
nated as the 'executive secretary' of the local
board or boards: And provided further, That
the term of employment of such 'executive
secretary' in such position shall in no case
exceed ten years except when reappointed:"
and inserting in lieu thereof a semicolon.
SEC. 4. This Act shall take effect not later
than the beginning of the first pay period
which begins on or after the ninetieth day
following the date of the enactment of this
Act.
With the following committee amend-
ments:
(1) On page 2, line 9, strike out "as
amended,".
(2) On page 2, line 11, insert the words
"of title 5"' Immediately after the number
'53"(3) On page 2, line 17, strike out ", as
amended".
(4) On page 3, strike out lines 1 and 2 and
Insert in lieu thereof "years except when re-
appointed'."
The committee amendments were
agreed to.
The bill was ordered to be engrossed
and read a third time, was read the third
time, and passed, and a motion to re-
consider was laid on the table,
IMPROVING ADMINISTRATION OF
LEAVE SYSTEM FOR FEDERAL
EMPLOYEES
cordance with subsection (a) of this section
or subchapter VIII of this chapter, except
that the payment Is based on the rate of pay
which he was receiving immediately before
the date on which section 6301 (2(x)-(xii)
of this title became applicable to him.".
SEC. 2. The first sentence of section 6303
(b) of title 5, United States Code, is amended
to read as follows: "Notwithstanding sub-
section (a) of this section, an employee
whose current employment is limited to less
than 90 days is entitled to annual leave un-
der this subchapter only after being cur-
rently employed for a continuous period of
?90 days under successive appointments with-
out a break in service.".
SEC. 3. Section 6304 of title 5, United States
Code, is amended-
(1) by striking out of subsection (a) the
phrase "subsection (b) of this section" and
Inserting in lieu thereof "subsections (b)
and (d) of this section"; and
(2) by adding at the end thereof the fol-
lowing new subsection:
"(d) (1) Annual leave which is lost by
operation of this section because of-
"(A) administrative error when such error
causes a loss of annual leave otherwise ac-
cruable after June 30, 1960;
"(B) exigencies of the public business
when such annual leave was scheduled in
advance; or
"(C) sickness of the employee when such
annual leave was scheduled in advance;
shall be restored to the employee.
"(2) Annual leave restored under para-
graph (1) of this subsection which is in ex-
cess of the maximum leave accumulation
permitted by law shall be credited to a sep-
arate leave account for the employee and
shall he available for use by the employee
within the time limits prescribed by regula-
tions of the Civil Service Commission, Leave
credited under this paragraph but unused
and still available to the employee under the
regulations prescribed by the Commission
shall be included in the lump-sum payment
under section 6561 or 5552(1) of this title
but may not be retained to the credit of the
employee under section 5652(2) of this
title.".
SEC. 4. Section 6302 of title 5, United States
Code, is amended by Inserting at the end
thereof the following new subsection:
"(f) An employee who uses excess annual
leave credited because of administrative error
may elect to refund the amount received for
the days of excess leave by lump-sum or in-
stallment payments or to have the excess
leave carried forward as a charge against
later-accruing annual leave, unless repay-
ment is waived under section 5584 of this
title."
SEC,
. 5. With respect to former employees
who are not on the rolls on the date of enact-
ment of this Act, except former employees
under section 6 of this Act, annual leave
which accrued after June 30, 1960, but, be-
cause of administrative error, was lost by
operation of section 6304 of title 6, United
States Code, Is subject to credit and liquida-
tion by lump sum payment only if a claim
therefore is filed by or for the former em-
ployee, with the agency by which he was em-
ployed at the time the loss of leave occurred,
within three years immediately following the
date of enactment of this Act. Payment shall
be at the salary rate in effect on the date of
separation from the employment during
which the loss of annual leave occurred.
SEC. 6. (a) With respect to an employee of
ULE PAY AND POSITION CLASSI- The Clerk called the bill (H.R. 1284)
FICATION PROVISIONS TO SELEC- to amend title 5, United States Code, to
TIVE SERVICE SYSTEM EM- Improve the administration of the leave
PLOYEES system for Federal employees.
The Clerk called the bill (H.R. 6334)
to provide for the uniform application
of the position classification and General
Schedule pay rate provisions of title 5,
United States Code, to certain employ-
ees of the Selective Service System.
There being no objection, the Clerk
read the bill as follows:
an. 8334
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled, That sec-
tion 6102(b) of title B, United States Code, is
amended by striking out the period at the
end thereof and inserting in lieu thereof
", including positions in local boards and ap-
peal boards within the Selective Service
System and employees occupying those po-
sitions.".
There being no objection, the Clerk
read the bill as follows:
H.R. 1284
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That (a) the
second sentence of section 5651(a) of title
5, United States Code, is amended by strik-
ing out ", except that it may not exceed pay
for a period of annual or vacation leave in
excess of 30 days or the number of days car-
ried over to his credit at the beginning of the
leave year in which entitlement to payment
occurs, whichever is greater".
(b) Section 5551(b) of title 5, United
States Code, is amended to read as follows:
"(b) The accumulated and current ac-
crued annual leave to which an officer ex-
cepted from subchapter 1 of chapter 63 to
the United States Postal Service or former
employee of the former Post Office Depart-
ment or of the United States Postal Service,
annual leave which accrued after June 30,
1960, and before July 1, 1971, but, because of
administrative error, was lost before July 1,
SEC. 2. The rate of basic pay of each em- title, is entitled immediately before the date 1971, by operation of section 6304 of title 6,
ployee In" ~ly r q$~1}pgsd;er2f1ts1 im-sum pBD03@@R@00l
appeal a shall ba liquidated a
boad o e ele ve erv ce y m li 'qu a y a- umpsum aymen In so- lump sum payment only if a claim thereof
 A proved For Release 2001/08/29 : CIA-RDP75B0038OR000500360005-7
September 17, 1973 CONGRESSIONAL RECORD - HOUSE
Is filed by or for such employee or former
employee with--.
(1) the Postal Service, if such leave was
lost while such employee or former employee
was an employee of the Post Office Depart-
ment; or
(2) the agency (other than the Post Office
Department) by which such employee was
employed at the time the loss of leave oc-
curred;
within three years Immediately following the
date of enactment of this Act.
(b) The lump sum payment authorized
under subsection (a) of this section shall
be made at the salary rate in effect on-
(1) June 30, 1971, or the date of separation
or transfer from the Post Office Department,
as applicable, In the case of a claim filed
under subsection (a) (1) of this section; or
(2) the date of separation or transfer from
the agency (other than the Post Office De-
partment) in the case of a claim filed under
subsection (a) (2) of this section.
With the following committee amend-
ments:
(1) On page 2, line 1, strike out ""subehap-
pter i"" and insert in lieu thereof ""subchap-
ter V.
(2) On page 2, line 2, strike out"Ito this
title" and Insert In lieu thereof "of this
title".
(3) Beginning on page 4, strike out line e
and all that follows down through line 21 on
pago 5, and Insert in lieu thereof the follow-
ing:
SEC. 6. With respect to a former employee
(except a former employee under Section 6
of this Act) who is not on the rolls on the
date of enactment of this Act, annual leave
which accrued after June 30, 1900, but, be-
cause of administrative error, was lost by
operation of section 6304 of title 5, United
States Code, is subject to credit and liquida-
tion by lump-sum payment only If a claim
therefor is flied within three years Immedi-
ately following the date of enactment of this
Act, with the agency by which he was em-
ployed when the lump-sum payment provi-.
The committee amendments were
agreed to.
The bill was ordered to be engrossed
and read a third time, was read the third
time, and passed; and a motion to recon-
sider was laid on the table.
LIBERALIZATION OF ELIGIBILITY
FOR CIVIL SERVICE RETIREMENT
COST-OF-LIVING ANNUITY IN-
CREASES
The Clerk called the bill (H.R. 3799)
to liberalize eligibility for cost-of-living
Increases in civil service retirement an-
nuities.
There being no objection, the Clerk
read the bill as follows:
H.R. 3799
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That section
8340(0) of title 5, United States Code, is
amended-
(1) by renumbering paragraphs (1) and
(2) thereof as paragraphs (2) and (3), re-
spectively; and
(2) by inserting immediately above para-
graph (2) (renumbered as such by paragraph
(1) of this section), the following new para-
graph:
"(1) An annuity (except a deferred an-
nuity under section 8338 of this title or
any other provision of law) which-
"(A) is payable from the Fund to an em-
ployee or Member who retires, or to the
widow or widower of a deceased employee or
Member; and
"(B) has a commencing date after the
effective date of the then last preceding an-
nuity increase under subsection (b) of this
section;
H 7949
grant status as an alien child adopted
by a U.S. citizen and his spouse.
There being no objection, the Clerk
read the bill as follows:
H.R. 7555
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled, That section
101(b) (1) (F) of the Immigration and Na-
tionality Act (8 U.S.C, 1101(b) (1) (F)) is
amended-
(1) by inserting before "by a United States
citizen" both times it occurs In such sub-
paragraph the following: "by an unmarried
United States citizen or", and
(2) by striking out "who have complied"
in such subparagraph and Inserting In lieu
thereof "who has or have complied".
Mr. KOCH. Mr, Speaker, I rise in sup-
port of H.R. 7555, a bill I Introduced
to grant a child adopted by a single U.S.
citizen the same immediate relative
status for immigration purposes as a
child adopted by a U.S, citizen and
spouse.
Under existing law, section 101(b) (1)
(F) of the Immigration and Nationality
Act allows only married U.S. citizens,
and not an unmarried U.S. citizen, the
right to petition for immediate relative
status for an alien orphan intended to
be or already adopted. The administra-
tive rulings on this matter have pro-
hibited an unmarried person from peti-
tioning for immediate relative status for
an otherwise eligible alien orphan.
This distinction in the law has caused
much suffering. For example, the Amer-
lean unmarried aunt or uncle, either
single, widowed, or divorced of an alie
n
, shall not be less than the annuity which orphan cannot now obtain immediate
would have been payable if the commencing relative status for her or his orphaned
date of such annuity had been the effective niece or nephew. Furthermore, today
date of the then last preceding annuity In.
there are many unmarried persons who
erPaaw nnAnr ___ ,__
-h-41- lu% ,. thi
s
ment shall be by that agency at the salary employee or a deceased employee shall be fathered by American soldiers. Although
rato in effect on the date the lump-sum pay- deemed, for the purposes of section 8339(n). many States now allow adoption by an
ment provisions became applicable, of this title, to have to his credit, on the unmarried person, this adoption is
SEC. 6. (a) With respect to a former em- effective date of the then last preceding thwarted by an antiquated immigration
ployee of the Post Office Department or a annuity increase under subsection (b) of policy,
former employee of the United States Postal this section, a number of days of unused
Service who had prior civilian service with sick leave equal to the number of days of I originally Introduced this legislation
the Post Office Department or other Federal unused sick leave to his credit on the date in September 1972 after the injustice of
agency, who is not on the rolls on the date of his separation from the service.", the present law was brought to my at-
of enactment of this Act, annual leave which SEC. 2. The amendments made by this Act tention by a constituent. This particular
accrued after June 30, 1960, and before July 1, shall apply only with respect to annuities young woman had adopted a Korean
1971, but, because of administrative error which have a commencing date after the child. However, to her dismay and sor-
was lost by operation of section 6304 of title 5, effective date of the first annuity increase row, she found that she could not bring
United States Code, Is subject to credit and under section 8340(b) of title 5, United the adopted alien orphan to the United
liquidation by lump-sum payment only if a States Code, which occurs on or after the
claim therefor is filed within three years date of enactment of this Act. States as an immediate relative solely
immediately following the date of enactment because she was a single, unmarried
of this Act with the Postal Service. Pay- With the following committee amend- parent.
ment shall be by the Postal Service at the ment: Most single parents in this situation
salary rate In effect on the date the lump , On page 2, strike out lines 21 through 23, have had tc register the child for a non-
5, ted a'ment proStatesvisions
su m p
Co of, seorction f and owing; 1 and 2 on page 3 and insert the preference visa number. The child Is
provisions of regulations of the Postal Serv- SEC. 2. The amendments made by this Act then placed on the waiting list since this
ice as appropriate, last became applicable shall apply only with respect to annuities category is often oversubscribed and
to the former employee, which commence on or after July 2, 1973. visas are unavailable for years. During
(b) With respect to a present employee this time the child may not permanently
of the Postal Service who had prior Federal The amendment. was agreed to. enter the United States.
civilian service with the Post Office Depart- The bill was ordered to be. engrossed
meat or other Federal agency, annual leave and read a third time, was read the third The report on H.R. 7555 filed by the
which accrued after June 30, 1900, and before time, and passed, and a motion to recon- House Judiciary Committee, urging that
July 1, 1971, but, because of administrative Bider was laid on the table. . the bill be passed, states that-
error was lost by operation of section 6304 The Committee recognizes that there has
of title 5, United States Code, Is subject to been a continuing trend In state legislatures
credit and liquidation by lump-sum pay-_ GRANTING ALIEN CHILD ADOPTED to enact legislation authorizing single per-
ment only if a claim therefor Is flied within BY AN UNMARRIED U.S. CITIZEN sons to adopt children. In this regard, it
three years Immediately following the date SAME IMMIGRANT STATUS should be emphasized that the impact of
of enactment of this Act with the Postal . this le islei o rly limited to the
Service. Payment el~ejjl e~e ~~ ~ DR7bB8W8Q&d8 h( AP the United States
Service at the salary ilil~dd T6 an alien eh d adopted by an or the applicable law in foreign jurisdictions
of enactment of this Act. unmarried U.S, citizen the same immi- permit a single person to adopt children.
 Approved For Release 2001/08/29 : CIA-RDP75B0038OR000500360005-7
SENOFF . WILL CHECK CLASSIFICATION TOP AND BOTTOM
OFVICIAL ROUTING SLIP
TO
NAME ANDADDRESS
DATE
INITIALS--
2
5 E 67 - Headquarters
3
4
J
6
ACTW1
DIRECT REPLY
PREPARE REPLY
APPROVAL
DISPATCH
REMMENDATION
COMMENT
FILE
RETURN
_--
CONCURRENCE
INFORMATION
SIGNATURE
Civil Service
Remarks: The Senate Post Office and
Committee has favorably reported out H. R. 1284
(see attached report). H. R. 1284 passed the
House on September 17, 1973. The Bill will most
likely receive a favorable vote by the Senate in,
the very near future. Note the benefits for luxYap-,
payment of accrued leave upon separation from
Government and payment for all annual leave
forfeited by civilian employees who were or are
in a missing status subsequent to January 1, 1965.
You ma wish to advise your retirement people,
as expressed an interest in this Bill.
Ass san ..
FOLD HERE TO RETURN TO SENDER
FROM: NAME, ADDRESS S AND. PHONE NO.
DATE
OLC 7 D 35 6136 13 Nov.
73
4JNCI,ASSIIIED NI;1DENTIA1
SECRET
um
FORM N4. 237 Use previous editions
1-67 G
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