5-U.S.C.-3503
§3503 – Transfer of Functions
Pathway
Title 5 > Part III > Subpart B > Chapter 35 > Subchapter I > Section 3503
Details
- Reference: Section 3503
- Legend: §3503 – Transfer of Functions
- USCode Year: 2013
Provision Content
(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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 429; Pub. L. 95–454, title III, §307(f), Oct. 13, 1978, 92 Stat. 1149; Pub. L. 96–54, §2(a)(18), Aug. 14, 1979, 93 Stat. 382.)
| Derivation | U.S. Code | Revised Statutes and Statutes 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.
Amendments
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.
Effective Date of 1979 Amendment
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.
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.
U.S. Encyclopedia of Law Coverage
5-U.S.C.-3503 in the Legal Encyclopedia: Government Employees
In this entry about 5-U.S.C.-3503, find legal reference material, bibliographies and premiere content related to government employees in the American Encyclopedia of Law, presenting a comprehensive view of the United States government employees-specific issues, written by authorities in the field.
5-U.S.C.-3402 in the Legal Encyclopedia: Employment
In this entry about 5-U.S.C.-3402, find legal reference material, bibliographies and premiere content related to employment in the American Encyclopedia of Law, presenting a comprehensive view of the United States employment-specific issues, written by authorities in the field.
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