
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: 5USC6339]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                     Subpart E--Attendance and Leave
 
                            CHAPTER 63--LEAVE
 
              SUBCHAPTER III--VOLUNTARY TRANSFERS OF LEAVE
 
Sec. 6339. Additional leave transfer programs

    (a) For the purpose of this section--
        (1) the term ``excepted agency'' means--
            (A) the Central Intelligence Agency;
            (B) the Defense Intelligence Agency;
            (C) the National Security Agency;
            (D) the Federal Bureau of Investigation;
            (E) the National Imagery and Mapping Agency; and
            (F) as determined by the President, any Executive agency or 
        unit thereof, the principal function of which is the conduct of 
        foreign intelligence or counterintelligence activities; and

        (2) the term ``head of an excepted agency'' means--
            (A) with respect to the Central Intelligence Agency, the 
        Director of Central Intelligence;
            (B) with respect to the Defense Intelligence Agency, the 
        Director of the Defense Intelligence Agency;
            (C) with respect to the National Security Agency, the 
        Director of the National Security Agency;
            (D) with respect to the Federal Bureau of Investigation, the 
        Director of the Federal Bureau of Investigation;
            (E) with respect to the National Imagery and Mapping Agency, 
        the Director of the National Imagery and Mapping Agency; and
            (F) with respect to an Executive agency designated under 
        paragraph (1)(F), the head of such Executive agency, and with 
        respect to a unit of an Executive agency designated under 
        paragraph (1)(F), such individual as the President may 
        determine.

    (b) Notwithstanding any other provision of this subchapter, neither 
an excepted agency nor any individual employed in or under an excepted 
agency may be included in a leave transfer program established under any 
of the preceding provisions of this subchapter.
    (c)(1) The head of an excepted agency shall, by regulation, 
establish a program under which annual leave accrued or accumulated by 
an employee of such agency may be transferred to the annual leave 
account of any other employee of such agency if such other employee 
requires additional leave because of a medical emergency.
    (2) To the extent practicable, and consistent with the protection of 
intelligence sources and methods (if applicable), each program under 
this section shall be established--
        (A) in a manner consistent with the provisions of this 
    subchapter applicable to the program; and
        (B) without regard to any provisions relating to transfers or 
    restorations of leave between employees in different agencies.

    (d) The Office of Personnel Management shall provide the head of an 
excepted agency with such advice and assistance as the head of such 
agency may request in order to carry out the purposes of this section.

(Added Pub. L. 100-566, Sec. 2(a), Oct. 31, 1988, 102 Stat. 2838; 
amended Pub. L. 103-359, title V, Sec. 501(i), Oct. 14, 1994, 108 Stat. 
3429; Pub. L. 104-201, div. A, title XI, Sec. 1122(a), Sept. 23, 1996, 
110 Stat. 2687.)


                               Amendments

    1996--Subsec. (a)(1)(E). Pub. L. 104-201, Sec. 1122(a)(1), 
substituted ``National Imagery and Mapping Agency'' for ``Central 
Imagery Office''.
    Subsec. (a)(2)(E). Pub. L. 104-201, Sec. 1122(a)(2), substituted 
``National Imagery and Mapping Agency, the Director of the National 
Imagery and Mapping Agency'' for ``Central Imagery Office, the Director 
of the Central Imagery Office''.
    1994--Subsec. (a)(1)(E), (F). Pub. L. 103-359, Sec. 501(i)(1), added 
subpar. (E) and redesignated former subpar. (E) as (F).
    Subsec. (a)(2)(E), (F). Pub. L. 103-359, Sec. 501(i)(2), added 
subpar. (E), redesignated former subpar. (E) as (F), and substituted 
``paragraph (1)(F)'' for ``paragraph (1)(E)'' in two places in subpar. 
(F).


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-201 effective Oct. 1, 1996, see section 
1124 of Pub. L. 104-201, set out as a note under section 193 of Title 
10, Armed Forces.

                  Section Referred to in Other Sections

    This section is referred to in section 6372 of this title.
