
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC6322]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                     Subpart E--Attendance and Leave
 
                            CHAPTER 63--LEAVE
 
                     SUBCHAPTER II--OTHER PAID LEAVE
 
Sec. 6322. Leave for jury or witness service; official duty 
        status for certain witness service
        
    (a) An employee as defined by section 2105 of this title (except an 
individual whose pay is disbursed by the Secretary of the Senate or the 
Chief Administrative Officer of the House of Representatives) or an 
individual employed by the government of the District of Columbia is 
entitled to leave, without loss of, or reduction in, pay, leave to which 
he otherwise is entitled, credit for time or service, or performance of 
efficiency rating, during a period of absence with respect to which he 
is summoned, in connection with a judicial proceeding, by a court or 
authority responsible for the conduct of that proceeding, to serve--
        (1) as a juror; or
        (2) other than as provided in subsection (b) of this section, as 
    a witness on behalf of any party in connection with any judicial 
    proceeding to which the United States, the District of Columbia, or 
    a State or local government is a party;

in the District of Columbia, a State, territory, or possession of the 
United States including the Commonwealth of Puerto Rico or the Trust 
Territory of the Pacific Islands. For the purpose of this subsection, 
``judicial proceeding'' means any action, suit, or other judicial 
proceeding, including any condemnation, preliminary, informational, or 
other proceeding of a judicial nature, but does not include an 
administrative proceeding.
    (b) An employee as defined by section 2105 of this title (except an 
individual whose pay is disbursed by the Secretary of the Senate or the 
Chief Administrative Officer of the House of Representatives) or an 
individual employed by the government of the District of Columbia is 
performing official duty during the period with respect to which he is 
summoned, or assigned by his agency, to--
        (1) testify or produce official records on behalf of the United 
    States or the District of Columbia; or
        (2) testify in his official capacity or produce official records 
    on behalf of a party other than the United States or the District of 
    Columbia.

    (c) The Office of Personnel Management may prescribe regulations for 
the administration of this section.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 522; Pub. L. 91-563, Sec. 1(a), 
Dec. 19, 1970, 84 Stat. 1476; Pub. L. 94-310, Sec. 1, June 15, 1976, 90 
Stat. 687; Pub. L. 95-454, title IX, Sec. 906(a)(2), Oct. 13, 1978, 92 
Stat. 1224; Pub. L. 96-70, title I, Sec. 1251, Sept. 27, 1979, 93 Stat. 
476; Pub. L. 104-186, title II, Sec. 215(10), Aug. 20, 1996, 110 Stat. 
1746; Pub. L. 104-201, div. C, title XXXV, Sec. 3548(a)(8), Sept. 23, 
1996, 110 Stat. 2869.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 30n.                 June 29, 1940, ch.
                                                    446, Sec.  1, 54
                                                    Stat. 689.
------------------------------------------------------------------------

    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.


                               Amendments

    1996--Subsec. (a). Pub. L. 104-201, in concluding provisions, 
substituted ``Puerto Rico or'' for ``Puerto Rico,'' and struck out ``, 
or the Republic of Panama'' after ``Pacific Islands''.
    Pub. L. 104-186 substituted ``Chief Administrative Officer'' for 
``Clerk'' in introductory provisions.
    Subsec. (b). Pub. L. 104-186 substituted ``Chief Administrative 
Officer'' for ``Clerk''.
    1979--Subsec. (a). Pub. L. 96-70 substituted ``the Trust Territory 
of the Pacific Islands, or the Republic of Panama'' for ``the Canal 
Zone, or the Trust Territory of the Pacific Islands''.
    1978--Subsec. (c). Pub. L. 95-454 substituted ``Office of Personnel 
Management'' for ``Civil Service Commission''.
    1976--Subsec. (a)(2). Pub. L. 94-310 substituted ``other than as 
provided in subsection (b) of this section, as a witness on behalf of 
any party in connection with any judicial proceeding to which the United 
States, the District of Columbia, or a State or local government is a 
party'' for ``as a witness on behalf of a party other than the United 
States, the District of Columbia, or a private party''.
    1970--Pub. L. 91-563 included witness service and official duty 
status for certain witness service in section catchline.
    Subsec. (a). Pub. L. 91-563 designated existing provisions as 
subsec. (a) and expanded such provisions to authorize leave for jury 
service in courts in the District of Columbia and in territories and 
possessions of the United States, to permit leave for persons summoned 
as witnesses in behalf of a party other than the United States, the 
District of Columbia, or a private party, defined ``judicial 
proceeding'', and excepted individuals whose pay is disbursed by the 
Secretary of the Senate or the Clerk of the House of Representatives.
    Subsecs. (b), (c). Pub. L. 91-563 added subsecs. (b) and (c).


                    Effective Date of 1979 Amendment

    Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section 3304 
of Pub. L. 96-70, set out as an Effective Date note under section 3601 
of Title 22, Foreign Relations and Intercourse.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978, 
see section 907 of Pub. L. 95-454, set out as a note under section 1101 
of this title.


                    Effective Date of 1976 Amendment

    Amendment by Pub. L. 94-310 effective Oct. 1, 1976, see section 4 of 
Pub. L. 94-310, set out as a note under section 130b of Title 2, The 
Congress.

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 
Possessions.

                  Section Referred to in Other Sections

    This section is referred to in section 5515 of this title.
