
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC6331]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                     Subpart E--Attendance and Leave
 
                            CHAPTER 63--LEAVE
 
              SUBCHAPTER III--VOLUNTARY TRANSFERS OF LEAVE
 
Sec. 6331. Definitions

    For the purpose of this subchapter--
        (1) the term ``employee'' means an employee as defined by 
    section 6301(2), excluding an individual employed by the government 
    of the District of Columbia;
        (2) the term ``leave recipient'' means an employee whose 
    application to receive donations of leave under this subchapter is 
    approved;
        (3) the term ``leave donor'' means an employee whose application 
    to make 1 or more donations of leave under this subchapter is 
    approved; and
        (4) the term ``medical emergency'' means a medical condition of 
    an employee or a family member of such employee that is likely to 
    require the prolonged absence of such employee from duty and to 
    result in a substantial loss of income to such employee because of 
    the unavailability of paid leave (disregarding any advanced leave).

(Added Pub. L. 100-566, Sec. 2(a), Oct. 31, 1988, 102 Stat. 2834; 
amended Pub. L. 103-103, Sec. 3, Oct. 8, 1993, 107 Stat. 1022.)


                               Amendments

    1993--Par. (4). Pub. L. 103-103 inserted ``the term'' after par. 
designation and inserted before period at end ``(disregarding any 
advanced leave)''.


                    Effective Date of 1993 Amendment

    Section 6 of Pub. L. 103-103 provided that: ``Except as provided in 
section 2 [enacting and repealing provisions set out as notes under this 
section], this Act [amending this section and sections 6337, 6361, 6362, 
and 6373 of this title and enacting provisions set out as a note under 
section 6301 of this title] and the amendments made by this Act shall 
take effect as of the 120th day after the date of the enactment of this 
Act [Oct. 8, 1993] or such earlier date as the Office of Personnel 
Management may by regulation prescribe.''


                                 Repeals

    Section 2(d) of Pub. L. 100-566, which provided for the repeal of 
subchapters III (Sec. 6331 et seq.) and IV (Sec. 6361 et seq.) of this 
chapter effective 5 years after Oct. 31, 1988, and which also contained 
savings provisions for continued availability of certain leave as if 
such program had not been terminated, was repealed by Pub. L. 103-103, 
Sec. 2, Oct. 8, 1993, 107 Stat. 1022, effective Oct. 30, 1993.
    [Section 2 of Pub. L. 103-103 provided that the repeal made by that 
section is effective Oct. 30, 1993.]


        Implementation of Leave Transfer and Leave Bank Programs

    Section 2(c) of Pub. L. 100-566 provided that:
    ``(1) No later than 3 months after the date of the enactment of this 
Act [Oct. 31, 1988], the Office of Personnel Management shall prescribe 
regulations to implement leave transfer programs pursuant to the 
amendments made by this Act [see Short Title of 1988 Amendment note set 
out under section 6301 of this title].
    ``(2) No later than 6 months after the date of the enactment of this 
Act--
        ``(A) the head of each agency involved under sections 6332 and 
    6339 of title 5, United States Code, shall establish and begin 
    operating a leave transfer program in accordance with applicable 
    provisions of subchapter III of chapter 63 of title 5, United States 
    Code, and applicable regulations prescribed by the Office; and
        ``(B) the Office of Personnel Management shall prescribe 
    regulations to implement leave bank programs pursuant to the 
    amendments made by this Act.
    ``(3) No later than 9 months after the date of the enactment of this 
Act, the head of each agency involved under section 6362 of title 5, 
United States Code, shall establish and begin operating a leave bank in 
accordance with subchapter IV of chapter 63 of title 5, United States 
Code, and applicable regulations prescribed by the Office.''


                           Report to Congress

    Section 2(e) of Pub. L. 100-566 provided that:
    ``(1)(A) Within 2 years after the date of the enactment of this Act 
[Oct. 31, 1988] and again no later than 6 months before the scheduled 
termination date of any program under subchapter III or subchapter IV of 
chapter 63 of title 5, United States Code (excluding any program under 
sections 6339 and 6372 of such chapter) the Office of Personnel 
Management shall submit a written report to the Congress with respect to 
the operations of such programs.
    ``(B) The Office of Personnel Management may require agencies to 
maintain such records and to provide such information as the Office may 
need to carry out subparagraph (A).
    ``(2) The excepted agencies that establish programs under sections 
6339 and 6372 of title 5, United States Code, shall report to the 
Congress on the operation of such programs within 2 years after the date 
of the enactment of this Act and again no later than 6 months before the 
scheduled termination of any such programs.''


            Continuation of Temporary Leave Transfer Programs

    Section 2(f) of Pub. L. 100-566 provided that: ``Any temporary 
program allowing for transfers of leave among officers or employees of 
the Federal Government may, if such program is being implemented with 
respect to an agency (or any unit thereof) as of the date of the 
enactment of this Act [Oct. 31, 1988], continue to be implemented with 
respect to such agency (or unit), notwithstanding any provision of law 
which would otherwise terminate the authority for such program, pending 
the commencement of a leave transfer program with respect to such agency 
pursuant to amendments made by this Act [see Short Title of 1988 
Amendment note set out under section 6301 of this title]. The Office of 
Personnel Management (or, in the case of a program established by 
another agency, such other agency) shall prescribe regulations to ensure 
that any leave which has been transferred to the credit of an officer or 
employee and which remains unused as of the date on which any such 
temporary program terminates (and a successor program commences pursuant 
to amendments made by this Act) shall not be lost by reason of that 
termination.''

                  Section Referred to in Other Sections

    This section is referred to in section 6391 of this title.
