Notes on 5 U.S.C. § 6331 : US Code - Notes
Search Notes on 5 U.S.C. § 6331 : US Code - Notes
(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leave as if such program had not been terminated, was repealed by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."