S. 1130

One Hundred Third Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the fifth day of January, one thousand nine hundred and ninety-three

An Act

To provide for continuing authorization of Federal employee leave transfer and

leave bank programs, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Federal Employees Leave Sharing

Amendments Act of 1993’’.

SEC. 2. REPEAL OF TERMINATION PROVISION.

Section 2(d) of the Federal Employees Leave Sharing Act of

1988 (5 U.S.C. 6331 note) is repealed, effective as of October 30,

1993.

SEC. 3. ADVANCED LEAVE NOT TO BE CONSIDERED IN DETERMINING

WHETHER ANY PAID LEAVE IS AVAILABLE.

(a) IN GENERAL.—Sections 6331(4) and 6361(6) of title 5, United

States Code, are each amended by striking ‘‘leave.’’ and inserting

‘‘leave (disregarding any advanced leave).’’.

(b) TECHNICAL CORRECTION.—Section 6331(4) of title 5, United

States Code, is amended by inserting ‘‘the term’’ after ‘‘(4)’’.

SEC. 4. ACCRUAL OF LEAVE.

Section 6337(c) of title 5, United States Code, is amended

to read as follows:

‘‘(c)(1) Any annual or sick leave accrued by an employee under

this section shall be transferred to the appropriate leave account

of such employee under subchapter I, and shall be available for

use—

‘‘(A) as of the beginning of the first applicable pay period

beginning after the date on which the employee’s medical emergency terminates as described in paragraph (1) or (2) of section

6335(a); or

‘‘(B) if the employee’s medical emergency has not yet terminated, once the employee has exhausted all transferred leave

made available to such employee under this subchapter.

‘‘(2) In the event that the employee’s medical emergency terminates as described in section 6335(a)(3)—

‘‘(A) any leave accrued but not yet transferred under this

section shall not be credited to such employee; or
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‘‘(B) if there remains, as of the date the emergency so

terminates, any leave which became available to such employee

under paragraph (1)(B), such leave shall cease to be available

for any purpose.

‘‘(d) Nothing in this section shall be considered to prevent,

with respect to a continuing medical emergency, further transfers

of leave for use after leave accrued under this section has been

exhausted by the employee.’’.

SEC. 5. EMPLOYEE PARTICIPATION IN LEAVE BANK AND LEAVE

TRANSFER PROGRAMS.

(a) AUTHORITY TO PARTICIPATE IN BOTH PROGRAMS.—

(1) IN GENERAL.—Section 6373 of title 5, United States

Code, is amended to read as follows:

‘‘§ 6373. Authority to participate in both programs

‘‘(a) The Office of Personnel Management shall prescribe regulations under which an employee participating in a leave bank program under this subchapter may, subject to such terms or conditions

as the Office may establish, also make or receive donations of

leave under subchapter III.

‘‘(b) Notwithstanding any provision of section 6337 or 6371,

if an employee uses leave transferred to such employee under

subchapter III and leave made available to such employee under

this subchapter in connection with the same medical emergency,

the maximum number of days of annual leave and sick leave,

respectively, which may accrue to such employee in connection

with such medical emergency shall be the same as if all of that

leave had been made available to such employee under this subchapter.’’.

(2) TECHNICAL AMENDMENT.—The table of sections for chapter 63 of title 5, United States Code, is amended by striking

the item relating to section 6373 and inserting the following:

‘‘6373. Authority to participate in both programs.’’.

(b) ELIMINATION OF PROVISION TREATING LEAVE BANK PROGRAM

AS A DEMONSTRATION PROJECT.—Section 6362 of title 5, United

States Code, is amended—

(1) by striking subsection (b); and

(2) in subsection (a) by striking ‘‘(a)’’.
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SEC. 6. EFFECTIVE DATE.

Except as provided in section 2, this Act and the amendments

made by this Act shall take effect as of the 120th day after the

date of the enactment of this Act or such earlier date as the

Office of Personnel Management may by regulation prescribe.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.