II

104TH CONGRESS

1ST SESSION S. 868

To provide authority for leave transfer for Federal employees who are

adversely affected by disasters or emergencies, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 26 (legislative day, MAY 15), 1995

Mr. STEVENS (by request) introduced the following bill; which was read twice

and referred to the Committee on Governmental Affairs

A BILL

To provide authority for leave transfer for Federal employees

who are adversely affected by disasters or emergencies,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That this Act may be cited as the ‘‘Federal Employees

4 Emergency Leave Transfer Act of 1995’’.

5 SEC. 2. (a) Chapter 63 of title 5, United States Code,

6 is amended by adding after subchapter V the following

7 new subchapter:
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S 868 IS

1 ‘‘SUBCHAPTER VI—LEAVE TRANSFER IN

2 DISASTERS AND EMERGENCIES

3 ‘‘§ 6391. Authority for leave transfer program in dis4 asters and emergencies

5 ‘‘(a) For the purpose of this section—

6 ‘‘(1) ‘employee’ means an employee as defined

7 in section 6331(1); and

8 ‘‘(2) ‘agency’ means an Executive agency.

9 ‘‘(b) In the event of a major disaster or emergency,

10 as declared by the President, that results in severe adverse

11 effects for a substantial number of employees, the Presi12 dent may direct the Office of Personnel Management to

13 establish an emergency leave transfer program under

14 which any employee in any agency may donate unused an15 nual leave for transfer to employees of the same or other

16 agencies who are adversely affected by such disaster or

17 emergency.

18 ‘‘(c) The Office of Personnel Management shall es19 tablish appropriate requirements for the operation of the

20 emergency leave transfer program under subsection (b),

21 including appropriate limitations on the donation and use

22 of annual leave under the program. An employee may re23 ceive and use leave under the program without regard to

24 any requirement that any annual leave and sick leave to
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S 868 IS

1 a leave recipient’s credit must be exhausted before any

2 transferred annual leave may be used.

3 ‘‘(d) A leave bank established under subchapter IV

4 may, to the extent provided in regulations prescribed by

5 the Office of Personnel Management, donate annual leave

6 to the emergency leave transfer program established under

7 subsection (b).

8 ‘‘(e) Except to the extent that the Office of Personnel

9 Management may prescribe by regulation, nothing in sec10 tion 7351 shall apply to any solicitation, donation, or ac11 ceptance of leave under this section.

12 ‘‘(f) The Office of Personnel Management shall pre13 scribe regulations necessary for the administration of this

14 section.’’.

15 (b) The analysis for chapter 63 of title 5, United

16 States Code, is amended by adding at the end thereof the

17 following:

‘‘SUBCHAPTER VI—LEAVE TRANSFER IN DISASTERS AND

EMERGENCIES

‘‘6391. Authority for leave transfer program in disasters and emergencies’’.

18 SEC. 3. The amendments made by section 2 of this

19 Act shall take effect on the date of enactment of this Act.

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