[Code of Federal Regulations]
[Title 5, Volume 1, Parts 1 to 699]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR630.211]

[Page 694-695]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 630--ABSENCE AND LEAVE--Table of Contents
 
 Subpart B--Definitions and General Provisions for Annual and Sick Leave
 
Sec. 630.211  Exclusion of Presidential appointees.

    (a) Authority. (1) Section 6301(2)(xi) of title 5, United States 
Code, authorizes the President to exclude certain Presidential 
appointees in the executive branch or the government of the District of 
Columbia from the annual and sick leave provisions of subchapter I of 
chapter 63 of title 5, United States Code, and from the related 
provisions of this part.
    (2) The President, by Executive Order 10540, as amended, has 
delegated to the Office of Personnel Management the

[[Page 695]]

responsibility for making exclusions under section 6301(2)(xi), and the 
Office of Personnel Management has delegated responsibility to the head 
of each agency consistent with the provisions of this section.
    (3) Presidential appointees in positions where the rate of basic pay 
is equal to or exceeds the rate for level V of the Executive Schedule 
are already excluded from the annual and sick leave provisions by 5 
U.S.C. 6301(2)(x). Therefore, no further action by an agency is 
necessary to exclude these appointees.
    (b) Criteria for exclusions. The head of an agency may exclude an 
officer in the agency from the annual and sick leave provisions only if 
the officer meets all of the following criteria:
    (1) The officer is a Presidential appointee;
    (2) The officer is not a United States attorney or United States 
marshal; and
    (3) The officer's responsibilities for carrying out the duties of 
the position continue outside normal duty hours and while away from the 
normal duty post.
    (c) Revocation of exclusion. The head of an agency may revoke an 
exclusion from the annual and sick leave provisions which was made under 
this section.
    (d) Reports. The head of an agency must report any exclusion, or 
revocation of an exclusion, authorized under this section to the Office 
of Personnel Management.
    (e) Continuation of previous authorizations. Any officer in an 
agency who was excluded by action of the President or the Civil Service 
Commission prior to February 15, 1979, from the annual and sick leave 
provisions under the authority of 5 U.S.C. 6301(2)(xi) shall continue to 
be excluded from annual and sick leave unless the exclusion is revoked 
by the agency under the provisions of this section.

[44 FR 54694, Sept. 21, 1979, as amended at 56 FR 18663, Apr. 23, 1991]