B-127205, MAY 9, 1956

B-127205: May 9, 1956

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THE GOVERNORS OF ALASKA AND THE VIRGIN ISLANDS ARE EXEMPT FROM THE PROVISIONS OF THE ANNUAL AND SICK LEAVE ACTS OF 1951. BY 5 U.S.C. 2061 (C) (1) (A) AND THE OTHER FIVE EXECUTIVES ARE EXEMPT THEREFROM PURSUANT TO ACTION TAKEN UNDER 5 U.S.C. 2061 (C) (1) (C). IT IS STATED THAT "THESE SEVEN OFFICIALS ARE NOT ENTITLED TO THE BENEFITS OF A STATUTORY LEAVE SYSTEM. ARE FREE TO ABSENT THEMSELVES FROM DUTY. THE GOVERNORS AND SECRETARIES OF ALASKA AND GUAM ARE REPORTED TO BE APPOINTED FOR FOUR-YEAR TERMS OF OFFICE AND THE OTHER THREE OFFICIALS FOR INDEFINITE TERMS. SHALL BE ALLOWED IN THE CASE OF PERSONS WHO HAVE SATISFACTORILY COMPLETED AN AGREED PERIOD OF SERVICE OVERSEAS AND ARE RETURNING TO THEIR ACTUAL PLACE OF RESIDENCE FOR THE PURPOSE OF TAKING LEAVE PRIOR TO SERVING ANOTHER TOUR OF DUTY AT THE SAME OR SOME OTHER OVERSEAS POST.

B-127205, MAY 9, 1956

TO THE SECRETARY OF THE INTERIOR:

IN LETTER DATED MARCH 2, 1956, THE ADMINISTRATIVE ASSISTANT SECRETARY REQUESTED OUR DECISION WHETHER THE PROVISIONS OF THE ACT OF AUGUST 31, 1954, 68 STAT. 1008, AUTHORIZING EXPENSES OF TRAVEL AND TRANSPORTATION FOR HOME LEAVE PURPOSES APPLY TO THE GOVERNORS AND SECRETARIES OF ALASKA, THE VIRGIN ISLANDS, AND GUAM, AND THE HIGH COMMISSIONER OF THE TRUST TERRITORY OF THE PACIFIC ISLANDS.

THE GOVERNORS OF ALASKA AND THE VIRGIN ISLANDS ARE EXEMPT FROM THE PROVISIONS OF THE ANNUAL AND SICK LEAVE ACTS OF 1951, 65 STAT. 679, AS AMENDED, BY 5 U.S.C. 2061 (C) (1) (A) AND THE OTHER FIVE EXECUTIVES ARE EXEMPT THEREFROM PURSUANT TO ACTION TAKEN UNDER 5 U.S.C. 2061 (C) (1) (C), AND EXECUTIVE ORDER NO. 10540, DATED JUNE 29, 1954, 19 F.R. 3983. IT IS STATED THAT "THESE SEVEN OFFICIALS ARE NOT ENTITLED TO THE BENEFITS OF A STATUTORY LEAVE SYSTEM, BUT ARE FREE TO ABSENT THEMSELVES FROM DUTY, AS THEY SEE FIT, FROM TIME TO TIME.' THE GOVERNORS AND SECRETARIES OF ALASKA AND GUAM ARE REPORTED TO BE APPOINTED FOR FOUR-YEAR TERMS OF OFFICE AND THE OTHER THREE OFFICIALS FOR INDEFINITE TERMS. ALL SEVEN OFFICIALS SERVE AT THE PLEASURE OF THE PRESIDENT.

THE ACT OF AUGUST 31, 1954, AMENDS SECTION 7 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED, IN PERTINENT PART AS FOLLOWS:

"PROVIDED FURTHER, THAT EXPENSES OF ROUND TRIP TRAVEL OF EMPLOYEE AND TRANSPORTATION OF IMMEDIATE FAMILY BUT EXCLUDING HOUSEHOLD EFFECTS, FROM THEIR POSTS OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES TO THE PLACES OF ACTUAL RESIDENCE AT TIME OF APPOINTMENT OR TRANSFER TO SUCH OVERSEAS POSTS OF DUTY, SHALL BE ALLOWED IN THE CASE OF PERSONS WHO HAVE SATISFACTORILY COMPLETED AN AGREED PERIOD OF SERVICE OVERSEAS AND ARE RETURNING TO THEIR ACTUAL PLACE OF RESIDENCE FOR THE PURPOSE OF TAKING LEAVE PRIOR TO SERVING ANOTHER TOUR OF DUTY AT THE SAME OR SOME OTHER OVERSEAS POST, UNDER A NEW WRITTEN AGREEMENT ENTERED INTO BEFORE DEPARTING FROM THE OVERSEAS POST * *

THE PURPOSE OF THE ABOVE-CITED ACT WAS TO PROVIDE A RECRUITMENT INCENTIVE FOR OVERSEAS EMPLOYMENT AND TO RELIEVE THE GOVERNMENT OF THE EXPENSE OF RETURNING AN EMPLOYEE'S HOUSEHOLD EFFECTS TO THE UNITED STATES AND THE EXPENSE OF SHIPPING THE HOUSEHOLD EFFECTS OF ANOTHER EMPLOYEE OVERSEAS IN CASES WHERE THE FIRST EMPLOYEE WOULD SPEND ANOTHER PERIOD OVERSEAS IF HE AND HIS FAMILY COULD BE RETURNED TO THE UNITED STATES AT GOVERNMENT EXPENSE FOR A PERIOD OF ACCUMULATED OR ACCRUED LEAVE. SEE S.REP. NO. 1944, 83D CONGRESS, AND HEARINGS ON H.R. 179, WHICH BECAME THE ACT OF AUGUST 31, 1954, PUBLIC LAW 737, 83D CONGRESS. WHILE SOME OF THE OFFICIALS HERE INVOLVED ARE APPOINTED FOR A SPECIFIC PERIOD OF TIME, THEY ALL SERVE AT THE PLEASURE OF THE PRESIDENT. ALSO, THEY ALL ARE EXEMPT FROM THE BENEFITS OF ANY STATUTORY LEAVE SYSTEMS AND THEY ARE

FREE TO ABSENT THEMSELVES FROM DUTY AS THEY SEE FIT. THEREFORE, THEY DO NOT ACCUMULATE OR ACCRUE ANY LEAVE AND WOULD NOT HAVE ANY ACCUMULATED OR ACCRUED LEAVE AT THE EXPIRATION OF THEIR TOUR OF DUTY OUTSIDE THE CONTINENTAL UNITED STATES. ACCORDINGLY, IT IS OUR VIEW THAT THE PROVISIONS OF THE ACT OF AUGUST 31, 1954, ARE NOT APPLICABLE TO SUCH OFFICIALS.