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Title 5 — Government Organization and Employees

Part III · Chapter 35 — Retention Preference, Voluntary Separation Incentive Payments, Restoration, and Reemployment

§ 3503. Transfer of functions

Statutory text

(a)

When a function is transferred from one agency to another, each competing employee in the function shall be transferred to the receiving agency for employment in a position for which he is qualified before the receiving agency may make an appointment from another source to that position.

(b)

When one agency is replaced by another, each competing employee in the agency to be replaced shall be transferred to the replacing agency for employment in a position for which he is qualified before the replacing agency may make an appointment from another source to that position.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 89–554 · 80 Stat. 378

    Enacted · 5 U.S.C. § 3503

    Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 429

    Source evidence

    Code source credit
    Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 429

  2. Pub. L. 95–454 title III § 307(f) · 92 Stat. 1111

    Substituted · 5 U.S.C. § 3503(a); 5 U.S.C. § 3503(b)

    Pub. L. 95–454 which directed the substitution of “competing employee” for “preference eligible employee” was impossible to execute literally because the text contained reference to “preference eligible employed”. See 1979 Amendment note above

    Source evidence

    Code amendment note
    Subsecs. (a), (b). Pub. L. 95–454 which directed the substitution of “competing employee” for “preference eligible employee” was impossible to execute literally because the text contained reference to “preference eligible employed”. See 1979 Amendment note above.

    Enacted provision · exact public law section
    (f) Section 3503 of title 5, United States Code, is amended by striking, out in subsection (a) and (b) “each preference eligible employee” and inserting in lieu thereof “each competing employee” both places it appears.

  3. Pub. L. 96–54 § 2(a)(18) · 93 Stat. 381

    Substituted · 5 U.S.C. § 3503(a); 5 U.S.C. § 3503(b)

    Pub. L. 96–54 substituted “competing employee” for “preference eligible employed”

    Source evidence

    Code amendment note
    Subsecs. (a), (b). Pub. L. 96–54 substituted “competing employee” for “preference eligible employed”.

    Enacted provision · exact public law section
    (18) Subsections (a) and (b) of section 3503 are each amended by striking out “each preference eligible employed” and inserting in lieu thereof “each competing employee”.

    Effective date note
    Amendment by Pub. L. 96–54 effective July 12, 1979, see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title.

2 of 3 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
Historical and Revision Notes
DerivationU.S. CodeRevised Statutes andStatutes at Large
 5 U.S.C. 861(a) (3d proviso).June 27, 1944, ch. 287, § 12 (3d proviso), 58 Stat. 390.

In subsection (a), the words “a function” are substituted for “any or all of the functions”. The word “receiving” is substituted for “replacing” in the phrase “receiving agency” to avoid confusion with subsection (b).

In subsections (a) and (b), the word “first” in the phrase “shall first be transferred” is omitted as redundant in view of the subsequent limitation imposed by the words following “before”. The words “make an appointment from another source to that position” are substituted for “appoint additional employees from any other source for such position”.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

Amendments1978–1979 · 2 rounds

1979

Subsecs. (a), (b). Pub. L. 96–54 substituted “competing employee” for “preference eligible employed”.

1978

Subsecs. (a), (b). Pub. L. 95–454 which directed the substitution of “competing employee” for “preference eligible employee” was impossible to execute literally because the text contained reference to “preference eligible employed”. See 1979 Amendment note above.

Statutory Notes and Related Subsidiaries

Effective Date of 1979 Amendment

Amendment by Pub. L. 96–54 effective , see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title.

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–454 effective 90 days after , see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.

Credits

1966–1979 · 3 acts
  1. 1966Pub. L. 89–554, , 80 Stat. 429
  2. 1978Pub. L. 95–454, title III, § 307(f), , 92 Stat. 1149
  3. 1979Pub. L. 96–54, § 2(a)(18), , 93 Stat. 382.
Show as published

(Pub. L. 89–554, , 80 Stat. 429; Pub. L. 95–454, title III, § 307(f), , 92 Stat. 1149; Pub. L. 96–54, § 2(a)(18), , 93 Stat. 382.)

Parsed from the official OLRC USLM XML in data/usc_all/usc05.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t5/s3503