§6372 — Title 5 Government Organization and Employees | U.S. Code

Summary

Defines two terms: "excepted agency" and "head of an excepted agency" by referring to section 6339(a)(1) and (2). Excepted agencies and their employees cannot join leave bank programs set up under the earlier parts of this law. One exception: the FBI Director can allow an FBI employee to take part in a Department of Justice leave bank if the Director decides it will not harm the protection of intelligence sources and methods. The leader of an excepted agency may write rules to create a voluntary leave bank. In that bank, employees can give up accrued annual leave and others can get extra leave for a medical emergency. Each program should follow the other rules in this law as much as possible while still protecting intelligence sources and methods. The Office of Personnel Management must give advice and help if the agency head asks for it.

Title 5, §6372

Government Organization and Employees — Source: USLM XML via OLRC

(a)For the purpose of this section—

(1)the term “excepted agency” has the same meaning as such term is defined under section 6339(a)(1) of this title; and

(2)the term “head of an excepted agency” has the same meaning as such term is defined under section 6339(a)(2) of this title.

(b)(1)Except as provided in paragraph (2) and 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 bank program established under any of the preceding provisions of this subchapter.

(2)Notwithstanding any other provision of law, the Director of the Federal Bureau of Investigation may authorize an individual employed by the Bureau to participate in a leave bank program administered by the Department of Justice under this subchapter if in the Director’s judgment such participation will not adversely affect the protection of intelligence sources and methods.

(c)(1)The head of an excepted agency may, by regulation, establish a voluntary leave bank program under which annual leave accrued or accumulated by an employee of such agency may be contributed to a leave bank, and any other employee of such agency may receive additional leave from such leave bank 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 in a manner consistent with the provisions of this subchapter applicable to the program.

(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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2012—Subsec. (b). Pub. L. 112–87 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “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 bank program established under any of the preceding provisions of this subchapter.”

§6372 Additional Leave Bank Programs

Summary

Title 5, §6372

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata