B-116218, JULY 17, 1953, 33 COMP. GEN. 37

B-116218, JULY 17, 1953, 33 COMP. GEN. 37

MUTUAL SECURITY AGENCY - MISSION CHIEFS - EXEMPTION FROM ANNUAL AND SICK LEAVE ACT OF 1951 ECONOMIC COOPERATION ADMINISTRATION ( MUTUAL SECURITY AGENCY) OVERSEAS MISSION CHIEFS WHO ARE APPOINTED PURSUANT TO SECTION 109 (A) OF THE ECONOMIC COOPERATION ACT OF 1948, AS AMENDED, WHICH AUTHORIZES SUCH EMPLOYEES TO RECEIVE THE COMPENSATION OF FOREIGN SERVICE CHIEFS OF MISSION AS FIXED IN SECTION 411 OF FOREIGN SERVICE ACT OF 1946 ARE EXEMPTED FROM THE ANNUAL AND SICK LEAVE ACT OF 1951 BY SECTION 202 (C) OF THE ACT OF JULY 2, 1953, WHICH AMENDED SAID LEAVE ACT.

ACTING COMPTROLLER GENERAL FISHER TO THE DIRECTOR FOR MUTUAL SECURITY, JULY 17, 1953:

REFERENCE IS MADE TO YOUR LETTER OF JULY 13, 1953, REQUESTING A DECISION WHETHER CHIEFS OF ECA ( MSA) MISSION OVERSEAS WHO ARE APPOINTED PURSUANT TO SECTION 109 (A) OF THE ECONOMIC COOPERATION ACT OF 1948, AS AMENDED, 22 U.S.C. 1507, AND RECEIVING THE COMPENSATION OF FOREIGN SERVICE CHIEFS OF MISSION, CLASS 3 OR 4, ARE EXEMPTED FROM THE ANNUAL AND SICK LEAVE ACT OF 1951, BY VIRTUE OF THE AMENDMENT TO THAT ACT BY PUBLIC LAW 102, APPROVED JULY 2, 1953, 67 STAT. 136.

SECTION 1 OF PUBLIC LAW 102 AMENDED THE ANNUAL AND SICK LEAVE ACT OF 1951, TO EXEMPT CERTAIN ADDITIONAL PERSONS THEREFROM INCLUDING "PERSONS WHO RECEIVE COMPENSATION IN ACCORDANCE WITH SECTION 411 FOREIGN SERVICE ACT OF 1946.'

AS POINTED OUT IN YOUR LETTER THE HOUSE OF REPRESENTATIVES VERSION OF PUBLIC LAW 102 DID NOT AFFECT MSA MISSION CHIEFS. HOWEVER, THE SENATE COMMITTEE ON POST OFFICE AND CIVIL SERVICE AMENDED THE HOUSE VERSION SO AS TO EXEMPT "PERSONS WHO RECEIVE COMPENSATION AT ONE OF THE RATES AUTHORIZED IN SECTION 411 OF THE FOREIGN SERVICE ACT OF 1946" WHICH CLEARLY COVERED MSA CHIEFS OF MISSION AS STATED ON PAGE 6 OF CONFERENCE REPORT NO. 629 ( HOUSE OF REPRESENTATIVES) TO ACCOMPANY H.R. 4654 (AS AMENDED IN CONFERENCE) WHICH BECAME PUBLIC LAW 102. IN THE CONSIDERATION OF THIS PROVISION BY THE CONFERENCE COMMITTEE THE LANGUAGE WAS REPHRASED TO READ "PERSONS WHO RECEIVE COMPENSATION IN ACCORDANCE WITH SECTION 411 OF THE FOREIGN SERVICE ACT OF 1946," WHICH, AS PREVIOUSLY INDICATED, IS THE LANGUAGE AS IT APPEARS IN THE ENACTMENT.

IN EXPLANATION OF SUCH LANGUAGE CHANGE IT IS STATED ON PAGE 8 OF THE CONFERENCE REPORT AS FOLLOWS:

* * * THE PROVISION OF THE SENATE AMENDMENT WHICH EXEMPTS FROM THE ANNUAL AND SICK LEAVE ACT OF 1951 CHIEFS OF MISSION AND OTHER OFFICERS COMPARABLE TO CHIEFS OF MISSION IN RANK AND PAY WHO RECEIVE COMPENSATION "AT ONE OF THE RATES AUTHORIZED IN" SECTION 411 OF THE FOREIGN SERVICE ACT OF 1946 IS CHANGED TO EXEMPT CHIEFS OF MISSION AND OTHER COMPARABLE OFFICERS WHO RECEIVE COMPENSATION "IN ACCORDANCE WITH" SUCH SECTION 411. THE PURPOSE OF USING THE WORDS "IN ACCORDANCE WITH" IN LIEU OF THE WORDS "AT ONE OF THE RATES AUTHORIZED IN" IS TO MAKE IT CLEAR THAT THE OFFICERS SO EXEMPTED WHO ARE COMPARABLE TO CHIEFS OF MISSION ARE ONLY THOSE OFFICERS WHO ACTUALLY RECEIVE THEIR COMPENSATION UNDER AUTHORITY OF SUCH SECTION 411 AND NOT THOSE OFFICERS WHO RECEIVE COMPENSATION MERELY AT RATES WHICH ARE EQUIVALENT TO THE RATES PRESCRIBED IN SUCH SECTION BUT WHICH ARE PAID UNDER AUTHORITY OF SOME OTHER PROVISION OF LAW.

YOU FURTHER POINT OUT THAT MISSION CHIEFS OF THE MSA RECEIVE THEIR COMPENSATION PURSUANT TO SECTION 109 (A) OF THE ECONOMIC COOPERATION ACT, 62 STAT. 142, AND IT IS DOUBTFUL WHETHER THEY COULD BE REGARDED AS RECEIVING COMPENSATION "IN ACCORDANCE WITH" SECTION 411 OF THE FOREIGN SERVICE ACT OF 1946, 60 STAT. 1002.

IN VIEW OF THE DEFINITE ASSERTION IN THE CONFERENCE REPORT THAT THE SENATE COMMITTEE AMENDMENT COVERED MSA CHIEFS OF MISSION AS WELL AS THOSE IN THE FOREIGN SERVICE, AND IN THE ABSENCE OF ANY OTHER INDICATION IN SUCH REPORT TO REFLECT THAT THE SUBSTITUTION OR REPHRASING OF THE LANGUAGE OF SUCH AMENDMENT BY THE CONFERENCE COMMITTEE WAS MADE FOR THE PURPOSE OF REVERTING TO THE HOUSE VERSION OF THE BILL SO AS TO LEAVE MISSION CHIEFS OF MSA UNDER THE ANNUAL AND SICK LEAVE ACT OF 1951, IT MUST BE CONCLUDED THAT THERE WAS NO INTENTION TO EXCLUDE MISSION CHIEFS OF THE MSA FROM THE COVERAGE OF SECTION 202 (C) (1) (B) OF THE ANNUAL AND SICK LEAVE ACT OF 1951, AS AMENDED BY PUBLIC LAW 102. RATHER, THE UNDERLYING PURPOSE OF SUCH LANGUAGE CHANGE BY THE CONFERENCE COMMITTEE SEEMS TO HAVE BEEN TO ELIMINATE THE POSSIBILITY OF EMBRACING EMPLOYEES OF OTHER DEPARTMENTS AND AGENCIES WHO MIGHT BE RECEIVING SALARIES EQUIVALENT TO THOSE PERSONS SPECIFIED IN SECTION 411 OF THE FOREIGN SERVICE ACT BUT WHOSE SALARIES WERE IN NOWISE DEPENDENT ON THAT PROVISION OF LAW.

ACCORDINGLY, YOU ARE ADVISED THAT THE INVOLVED MISSION CHIEFS OF THE MUTUAL SECURITY AGENCY ARE TO BE REGARDED AS EXEMPT FROM THE ANNUAL AND SICK LEAVE ACT OF 1951 UNDER SECTION 202 (C) (1) (B) OF THAT ACT, AS AMENDED. THAT ANSWER RENDERS UNNECESSARY ANY REPLY TO YOUR FURTHER QUESTION INREGARD TO HOME LEAVE.