Title 5 — Government Organization and Employees
Part III · Chapter 63 — Leave
§ 6391. Authority for leave transfer program in disasters and emergencies
Statutory text
For the purpose of this section—
“employee” means an employee as defined in section 6331(1); and
“agency” means an Executive agency.
In the event of a major disaster or emergency, as declared by the President, that results in severe adverse effects for a substantial number of employees, the President may direct the Office of Personnel Management to establish an emergency leave transfer program under which any employee in any agency may donate unused annual leave for transfer to employees of the same or other agencies who are adversely affected by such disaster or emergency.
The Office shall establish appropriate requirements for the operation of the emergency leave transfer program under subsection (b), including appropriate limitations on the donation and use of annual leave under the program. An employee may receive and use leave under the program without regard to any requirement that any annual leave and sick leave to a leave recipient’s credit must be exhausted before any transferred annual leave may be used.
A leave bank established under subchapter IV may, to the extent provided in regulations prescribed by the Office, donate annual leave to the emergency leave transfer program established under subsection (b).
Except to the extent that the Office may prescribe by regulation, nothing in section 7351 shall apply to any solicitation, donation, or acceptance of leave under this section.
After consultation with the Administrative Office of the United States Courts, the Office of Personnel Management shall provide for the participation of employees in the judicial branch in any emergency leave transfer program under this section.
The Office shall prescribe regulations necessary for the administration of this section.
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.
Pub. L. 105–18 title II § 9004(a) · 111 Stat. 158
Enacted · 5 U.S.C. § 6391
Added Pub. L. 105–18, title II, § 9004(a), June 12, 1997, 111 Stat. 196
Source evidence
Code source credit
Added Pub. L. 105–18, title II, § 9004(a), June 12, 1997, 111 Stat. 196Enacted provision · exact public law section
(a) Chapter 63 of title 5, United States Code, is amended by adding after subchapter V the following: “SUBCHAPTER VI— LEAVE TRANSFER IN DISASTERS AND EMERGENCIES “§ 6391. Authority for leave transfer program in disasters and emergencies “(a) For the purpose of this section— “(1) ‘employee’ means an employee as defined in section 6331(1); and “(2) ‘agency’ means an Executive agency. “(b) In the event of a major disaster or emergency, as declared by the President, that results in severe adverse effects for a substantial number of employees, the President may direct the Office of Personnel Management to establish an emergency leave transfer program under which any employee in any agency may donate unused annual leave for transfer to employees of the same or other agencies who are adversely affected by such disaster or emergency. “(c) The Office shall establish appropriate requirements for the operation of the emergency leave transfer program under subsection (b), including appropriate limitations on the donation and use of annual leave under the program. An employee may receive and use leave under the program without regard to any requirement that any annual leave and sick leave to a leave recipient’s credit must be exhausted before any transferred annual leave may be used. “(d) A leave bank established under subchapter IV may, to the extent provided in regulations prescribed by the Office, donate annual leave to the emergency leave transfer program established under subsection (b). “(e) Except to the extent that the Office may prescribe by regulation, nothing in section 7351 shall apply to any solicitation, donation, or acceptance of leave under this section. “(f) The Office shall prescribe regulations necessary for the Regulations. administration of this section.”.Pub. L. 109–229 § 1 · 120 Stat. 390
Added · 5 U.S.C. § 6391(f); 5 U.S.C. § 6391(g)
Pub. L. 109–229 added subsec. (f)
Redesignated · 5 U.S.C. § 6391(f); 5 U.S.C. § 6391(g)
Pub. L. 109–229 redesignated former subsec. (f) as (g)
Source evidence
Code amendment note
Subsecs. (f), (g). Pub. L. 109–229 added subsec. (f) and redesignated former subsec. (f) as (g).Enacted provision · exact public law section
SECTION 1. LEAVE TRANSFER PROGRAM IN DISASTERS AND EMERGENCIES. Section 6391 of title 5, United States Code, is amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following: “(f) After consultation with the Administrative Office of the United States Courts, the Office of Personnel Management shall provide for the participation of employees in the judicial branch in any emergency leave transfer program under this section.” .
3 of 3 references resolved to an enrolled provision
Editorial Notes
Amendments
2006—Subsecs. (f), (g). Pub. L. 109–229 added subsec. (f) and redesignated former subsec. (f) as (g).
Executive Documents
Ex. Ord. No. 13745. Delegation of Function to the Director of the Office of Personnel Management
Ex. Ord. No. 13745, , 81 F.R. 76493, provided:
By virtue of the authority vested in me as President by the Constitution and the laws of the United States, including section 301 of title 3, United States Code, it is hereby ordered as follows:
Section 1. (a) The Director of the Office of Personnel Management (OPM) is hereby authorized to exercise the function vested in the President by section 6391 of title 5, United States Code, of directing OPM to establish an emergency leave transfer program. The Director of OPM shall exercise this authority in consultation with the Director of the Office of Management and Budget.
(b) The Director of OPM shall notify the President of the establishment of any emergency leave transfer program pursuant to the authority in subsection (a).
Sec. 2. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Barack Obama.
Credits
1997–2006 · 2 acts
- 1997Added Pub. L. 105–18, title II, § 9004(a), , 111 Stat. 196
- 2006amended Pub. L. 109–229, § 1, , 120 Stat. 390.
Show as published
(Added Pub. L. 105–18, title II, § 9004(a), , 111 Stat. 196; amended Pub. L. 109–229, § 1, , 120 Stat. 390.)