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B-123698 1 (1978-05-10)

handle is hein.gao/gaobadfzx0001 and id is 1 raw text is: I THE COMPTROLLER UEMNWAL DECISI N * OP THU UNITED STATUE tS WUMMINGTON. 0. C. 20548 FILE: 5- 23698 DATE: May 10, 1971 MATTER OF: Associate Attorney General -- Exemption frog, Annual and Sick Leave Act DIGEST: Decision 8-123698, June 22, 1955, holds that 4nly individuals appointed by the President lay be designated by him as exempt from Annual 4nd Sick Leave Act of 1951, a. amended, now dodified as 5 U.S.C. 1 6301(2)(B)(xi). That decision Is affirmed. Any broadening of iligibility for exemption from the leave act a for consideration of the Congress. The Department of Justice has requested our decision as to whetherithe position of Associate Attorney General may be exempted from the provisions of the Annual and Sick Leave Act of 1951, as amended, 5 U.S.C. I 6301 et 501. The position of Associate Attorney General is an excepted posi4ion in Schedule C (confidential or policy- determining positions) in the Office of the Attorney Ceneral. It was designated for pay purposes as a Level IV Executive Ichedule position by the President under the provisions of .5 U.S.C. 1 5317 Zxecutive order No. 11736, dated August 6, 1973, superseded by Executive Order No. 11861, Nay 21 1975, which continues the designrecion). The incumbent Iof the position is appointed by the Attorney General. In its Letter the Department has requested that we rescind or nudify our decision B-123698, June 22, 1955, which holds that only officials appointed by the President may be exampted from the provisions of the Annual and Sick Leave Act. i that decision, we considered the meaning ef the term officers as used in section 1 of Public Law 102, 67 Stat.. 136, approved July 2, 1953, which amended section 202 of the Aniual and Sick Leave Act to provide for exclu- sion from the Act of officers appointed by the President whose rte of babic pay exceeds the maximum rate provided by the General Schedule atd such other officers (with exceptions not relavant here)-who are designated by the President. W held that the term officers as used in

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