5 U.S.C. § 6312 — Accrual and accumulation for former

Page 815 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 6312 tion 6308(b) of this title, who made an employment move described in such subsection after Dec. 31, 1986, and before Apr. 16, 1991, to elect to repay the lump-sum payment received based on such employment move in lieu of annual leave and have the annual leave recred- ited to the employee’s leave account, or to keep the lump-sum payment in lieu of that annual leave. [§ 6309. Repealed. Pub. L. 94–183, § 2(26), Dec. 31, 1975, 89 Stat. 1058] Section, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 521, re- lated to authorized leave of absence of a rural postal carrier which occurred at beginning, during, or at end of a period of annual or sick leave. § 6310. Leave of absence; aliens The head of the agency concerned may grant leave of absence with pay, not in excess of the amount of annual and sick leave allowable to citizen employees under this subchapter, to alien employees who occupy positions outside the United States. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 521.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 2062(g). Oct. 30, 1951, ch. 631, § 203 (g), 65 Stat. 681. Sept. 6, 1960, Pub. L. 86–707. § 402(b), 74 Stat. 800. The words ‘‘head of the agency concerned’’ are sub- stituted for ‘‘head of the department or agency con- cerned’’. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. § 6311. Regulations The Office of Personnel Management may pre- scribe regulations necessary for the administra- tion of this subchapter. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 521; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 2065. Oct. 30, 1951, ch. 631, § 206, 65 Stat. 681. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1978—Pub. L. 95–454 substituted ‘‘Office of Personnel Management’’ for ‘‘Civil Service Commission’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title. § 6312. Accrual and accumulation for former ASCS county office and nonappropriated fund employees (a) Credit shall be given in determining years of service for the purpose of section 6303(a) for— (1) service as an employee of a county com- mittee established pursuant to section 8(b) of the Soil Conservation and Allotment Act or of a committee or an association of producers de- scribed in section 10(b) of the Agricultural Ad- justment Act; and (2) service under a nonappropriated fund in- strumentality of the Department of Defense or the Coast Guard described in section 2105(c) by an employee who has moved without a break in service of more than 3 days to a position subject to this subchapter in the Department of Defense or the Coast Guard, respectively. (b) The provisions of subsections (a) and (b) of section 6308 for transfer of leave between leave systems shall apply to the leave systems estab- lished for such county office employees and em- ployees of such Department of Defense and Coast Guard nonappropriated fund instrumen- talities, respectively. (Added Pub. L. 90–367, § 2(a), June 29, 1968, 82 Stat. 277; amended Pub. L. 90–623, § 1(25), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 99–251, title III, § 306(c), Feb. 27, 1986, 100 Stat. 27; Pub. L. 101–508, title VII, § 7202(i)(1), Nov. 5, 1990, 104 Stat. 1388–337.) Editorial Notes REFERENCES IN TEXT Section 8(b) of the Soil Conservation and Allotment Act, referred to in subsec. (a)(1), probably means sec- tion 8(b) of the Soil Conservation and Domestic Allot- ment Act, which is classified to section 590h(b) of Title 16, Conservation. Section 10(b) of the Agricultural Adjustment Act, re- ferred to in subsec. (a)(1), is classified to section 610(b) of Title 7, Agriculture. AMENDMENTS 1990—Pub. L. 101–508 inserted ‘‘and nonappropriated fund’’ after ‘‘office’’ in section catchline and amended text generally. Prior to amendment, text read as fol- lows: ‘‘Service rendered as an employee of a county committee established pursuant to section 590h(b) of title 16, or of a committee or an association of pro- ducers described in section 610(b) of title 7, shall be in- cluded in determining years of service for the purpose of section 6303(a) of this title. The provisions of section 6308 of this title for transfer of annual and sick leave between leave systems shall apply to the leave system established for such employees.’’ 1986—Pub. L. 99–251 struck out ‘‘in the case of any of- ficer or employee in or under the Department of Agri- culture’’ at end of first sentence. 1968—Pub. L. 90–623 substituted ‘‘section 590h(b) of title 16’’ and ‘‘section 610(b) of title 7’’ for ‘‘section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b))’’ and ‘‘section 10(b) of the Agricul- tural Adjustment Act of May 12, 1933 (48 Stat. 37)’’ re- spectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–508 applicable with re- spect to any individual who, on or after Jan. 1, 1987, moves from employment in nonappropriated fund in- Page 816 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 6321 strumentality 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 em- ployment in Department or Coast Guard, that is not described in section 2105(c), to employment in non- appropriated 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. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of this title. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. SUBCHAPTER II—OTHER PAID LEAVE § 6321. Absence of veterans to attend funeral services An employee in or under an Executive agency who is a veteran of a war, or of a campaign or expedition for which a campaign badge has been authorized, or a member of an honor or ceremo- nial group of an organization of those veterans, may be excused from duty without loss of pay or deduction from annual leave for the time nec- essary, not to exceed 4 hours in any one day, to enable him to participate as an active pallbearer or as a member of a firing squad or a guard of honor in a funeral ceremony for a member of the armed forces whose remains are returned from abroad for final interment in the United States. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 521.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 30q. Aug. 16, 1949, ch. 441, 63 Stat. 608. July 17, 1952, ch. 932, § 1, 66 Stat. 758. The words ‘‘Executive agency’’ are coextensive with and substituted for ‘‘executive branch of the Govern- ment’’ in view of the definition of ‘‘Executive agency’’ in section 105. Applicability to the General Accounting Office is based on former section 933a. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. § 6322. Leave for jury or witness service; official duty status for certain witness service (a) An employee as defined by section 2105 of this title (except an individual whose pay is dis- bursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives) or an individual employed by the government of the District of Columbia is entitled to leave, without loss of, or reduction in, pay, leave to which he otherwise is entitled, credit for time or service, or performance of effi- ciency rating, during a period of absence with respect to which he is summoned, in connection with a judicial proceeding, by a court or author- ity responsible for the conduct of that pro- ceeding, to serve— (1) as a juror; or (2) other than as provided in subsection (b) of this section, as a witness on behalf of any party in connection with any judicial pro- ceeding to which the United States, the Dis- trict of Columbia, or a State or local govern- ment is a party; in the District of Columbia, a State, territory, or possession of the United States including the Commonwealth of Puerto Rico or the Trust Ter- ritory of the Pacific Islands. For the purpose of this subsection, ‘‘judicial proceeding’’ means any action, suit, or other judicial proceeding, in- cluding any condemnation, preliminary, infor- mational, or other proceeding of a judicial na- ture, but does not include an administrative proceeding. (b) An employee as defined by section 2105 of this title (except an individual whose pay is dis- bursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives) or an individual employed by the government of the District of Columbia is performing official duty during the period with respect to which he is summoned, or assigned by his agency, to— (1) testify or produce official records on be- half of the United States or the District of Co- lumbia; or (2) testify in his official capacity or produce official records on behalf of a party other than the United States or the District of Columbia. (c) The Office of Personnel Management may prescribe regulations for the administration of this section. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 522; Pub. L. 91–563, § 1(a), Dec. 19, 1970, 84 Stat. 1476; Pub. L. 94–310, § 1, June 15, 1976, 90 Stat. 687; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96–70, title I, § 1251, Sept. 27, 1979, 93 Stat. 476; Pub. L. 104–186, title II, § 215(10), Aug. 20, 1996, 110 Stat. 1746; Pub. L. 104–201, div. C, title XXXV, § 3548(a)(8), Sept. 23, 1996, 110 Stat. 2869.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 30n. June 29, 1940, ch. 446, § 1, 54 Stat. 689. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–201, in concluding provi- sions, substituted ‘‘Puerto Rico or’’ for ‘‘Puerto Rico,’’ and struck out ‘‘, or the Republic of Panama’’ after ‘‘Pacific Islands’’. Pub. L. 104–186 substituted ‘‘Chief Administrative Of- ficer’’ for ‘‘Clerk’’ in introductory provisions. Subsec. (b). Pub. L. 104–186 substituted ‘‘Chief Admin- istrative Officer’’ for ‘‘Clerk’’.