§ 6308. Transfers between positions under different leave systems

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1966

   Pub. L. 89–554 · 80 Stat. 378

   Enacted · 5 U.S.C. § 6308

   Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 521

   Source evidence

   Code source credit
   Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 521

2. 1978

   Pub. L. 95–454 title IX § 906(a)(2) · 92 Stat. 1111

   Substituted · 5 U.S.C. § 6308

   Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”

   Source evidence

   Code amendment note
   Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”.

   Enacted provision · exact public law section
   (2) in sections 1301, 1302, 1304, 1308, 2105, 2951, 3110, 3304a, 3308, 3312, 3314, 3318, 3324, 3325, 3344, 3351, 3363, 3373, 3502, 3504, 4102, 4106, 4113-4118, 5102, 5103, 5105, 5107, 5110–5115, 5303, 5304, 5333, 5334, 5335(b), 5336, 5338, 5343, 5346, 5347, 5351, 5352, 5371 (as redesignated in section 801(a) (3) (A) (ii) of this Ante, p. 1218. Act), 5372 (as redesignated in such section 801(a) (3) (A) (ii)), 5374 (as redesignated in such section 801(a) (3) (A) (i i)) , 5504, 5533, 5545, 5548, 5723, 6101, 6304-6306, 6308, 6311, 6322, 6326, 7203 (as redesignated in section 703(a)(1) of this Act), 7204 Ante, p. 1216. (as redesignated in such section 703(a) (1)), 7312, 8151, 8331, 8332, 8334, 8337, 8339–8343, 8345, 8346, 8347(a), 8348, 8501, 8701–8712, 8714, 8714a, 8716, 8901–8903, 8905, 8907–8910, and 8913, by striking out “Civil Service Commission” and inserting in lieu thereof “Office of Personnel Management”;

3. 1990

   Computer Matching and Privacy Protection Amendments of 1990

   Pub. L. 101–508 title VII § 7202(h) · 104 Stat. 1388

   1. Amended · 5 U.S.C. § 6308

      Pub. L. 101–508 designated existing provisions as subsec. (a)

   2. Added · 5 U.S.C. § 6308

      Pub. L. 101–508 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 101–508 designated existing provisions as subsec. (a) and added subsec. (b).

   Enacted provision · exact public law section
   (h) Amendments Relating to Transfers Between Positions Under Different Leave Systems.— Section 6308 of title 5, United States Code, is amended— (1) by inserting “(a)” before “The annual”; and (2) by adding at the end the following: “(b) The annual leave, sick leave, and home leave to the credit of a nonappropriated fund employee of the Department of Defense or the Coast Guard described in section 2105(c) who moves without a break in service of more than 3 days to a position in the Department of Defense or the Coast Guard, respectively, that is subject to this subchapter shall be transferred to the employee’s credit. The annual leave, sick leave, and home leave to the credit of an employee of the Department of Defense or the Coast Guard who is subject to this subchapter and who moves without a break in service of more than 3 days to a position under a non appropriated fund instrumentality of the Department of Defense or the Coast Guard, respectively, described in section 2105(c), shall be transferred to the employee’s credit under the nonappropriated fund instrumentality. The Secretary of Defense or the Secretary of Transportation, as appropriate, may provide for a transfer of funds in an amount equal to the value of the transferred annual leave to compensate the gaining entity for the cost of a transfer of annual leave under this subsection.”.

   Effective date note
   Amendment by Pub. L. 101–508 applicable with respect to any individual who, on or after Jan. 1, 1987, moves from employment in nonappropriated fund instrumentality of Department of Defense or Coast Guard, that is described in section 2105(c) of this title, to employment in Department or Coast Guard, that is not described in section 2105(c), or who moves from employment in Department or Coast Guard, that is not described in section 2105(c), to employment in nonappropriated fund instrumentality of Department or Coast Guard, that is described in section 2105(c), see section 7202(m)(1) of Pub. L. 101–508, set out as a note under section 2105 of this title.

4. 2006

   Coast Guard and Maritime Transportation Act of 2006

   Pub. L. 109–241 title IX § 902(a)(3) · 120 Stat. 516

   Substituted · 5 U.S.C. § 6308(b)

   Pub. L. 109–241 substituted “Secretary of Homeland Security” for “Secretary of Transportation”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 109–241 substituted “Secretary of Homeland Security” for “Secretary of Transportation”.

   Enacted provision · exact public law section
   (3) in sections 5520a(k)(3), 5595(h)(5), 6308(b), and 9001(10) by striking “of Transportation” each place it appears and inserting “of Homeland Security”.

4 of 5 references resolved to an enrolled provision · 1 partial