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
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.
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.
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. 429Pub. 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.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 | ||
|---|---|---|
| Derivation | U.S. Code | Revised 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
- 1966Pub. L. 89–554, , 80 Stat. 429
- 1978Pub. L. 95–454, title III, § 307(f), , 92 Stat. 1149
- 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.)