102 STAT. 2838
PUBLIC LAW 100-566—OCT. 31, 1988
benefit (such as an appointment, promotion, or compensation), or effecting or threatening to effect any reprisal (such as deprivation of appointment, promotion, or compensation).
"§ 6339. Additional leave transfer programs "(a) For the purpose of this section— "(1) the term 'excepted agency' means— "(A) the Central Intelligence Agency; "(B) the Defense Intelligence Agency; "(C) the National Security Agency; "(D) the Federal Bureau of Investigation; and "(E) as determined by the President, any Executive agency or unit thereof, the principal function of which is the conduct of foreign intelligence or counterintelligence activities; and "(2) the term 'head of an excepted agency' means— "(A) with respect to the Central Intelligence Agency, the Director of Central Intelligence; "(B) with respect to the Defense Intelligence Agency, the Director of the Defense Intelligence Agency; "(C) with respect to the National Security Agency, the Director of the National Security Agency; "(D) with respect to the Federal Bureau of Investigation, the Director of the Federal Bureau of Investigation; and "(E) with respect to an Executive agency designated under paragraph (1)(E), the head of such Executive agency, and with respect to a unit of an Executive agency designated under paragraph (IKE), such individual as the President may determine. "(b) 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 transfer program established under any of the preceding provisions of this subchapter. "(c)(1) The head of an excepted agency shall, by regulation, establish a program under which annual leave accrued or accumulated by an employee of such agency may be transferred to the annual leave account of any other employee of such agency if such other employee requires additional leave 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— "(A) in a manner consistent with the provisions of this subchapter applicable to the program; and "(B) without regard to any provisions relating to transfers or restorations of leave between employees in different agencies. "(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. "§ 6340. Inapplicability of certain provisions "Except to the extent that the Office of Personnel Management may prescribe regulations, nothing in section 7351 shall apply with respect to a solicitation, donation, or acceptance of leave under this subchapter.