
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC3341]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart B--Employment and Retention
 
            CHAPTER 33--EXAMINATION, SELECTION, AND PLACEMENT
 
          SUBCHAPTER III--DETAILS, VACANCIES, AND APPOINTMENTS
 
Sec. 3341. Details; within Executive or military departments

    (a) The head of an Executive department or military department may 
detail employees among the bureaus and offices of his department, except 
employees who are required by law to be exclusively engaged on some 
specific work.
    (b)(1) Details under subsection (a) of this section may be made only 
by written order of the head of the department, and may be for not more 
than 120 days. These details may be renewed by written order of the head 
of the department, in each particular case, for periods not exceeding 
120 days.
    (2) The 120-day limitation in paragraph (1) for details and renewals 
of details does not apply to the Department of Defense in the case of a 
detail--
        (A) made in connection with the closure or realignment of a 
    military installation pursuant to a base closure law or an 
    organizational restructuring of the Department as part of a 
    reduction in the size of the armed forces or the civilian workforce 
    of the Department; and
        (B) in which the position to which the employee is detailed is 
    eliminated on or before the date of the closure, realignment, or 
    restructuring.

    (c) For purposes of this section--
        (1) the term ``base closure law'' means--
            (A) section 2687 of title 10;
            (B) title II of the Defense Authorization Amendments and 
        Base Closure and Realignment Act (10 U.S.C. 2687 note); and
            (C) the Defense Base Closure and Realignment Act of 1990 (10 
        U.S.C. 2687 note); and

        (2) the term ``military installation''--
            (A) in the case of an installation covered by section 2687 
        of title 10, has the meaning given such term in subsection 
        (e)(1) of such section;
            (B) in the case of an installation covered by the Act 
        referred to in subparagraph (B) of paragraph (1), has the 
        meaning given such term in section 209(6) of such Act; and
            (C) in the case of an installation covered by the Act 
        referred to in subparagraph (C) of that paragraph, has the 
        meaning given such term in section 2910(4) of such Act.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 424; Pub. L. 104-106, div. A, 
title X, Sec. 1033(a), Feb. 10, 1996, 110 Stat. 429.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 38.                  R.S. Sec.  166.
                                                   May 28, 1896, ch.
                                                    252, Sec.  3, 29
                                                    Stat. 179.
------------------------------------------------------------------------

    The words ``Executive department'' are substituted for 
``department'' as the definition of ``department'' applicable to this 
section is coextensive with the definition of ``Executive department'' 
in section 101.
    The words ``or military department'' are inserted to preserve the 
application of the source law. Before enactment of the National Security 
Act Amendments of 1949 (63 Stat. 578), the Department of the Army, the 
Department of the Navy, and the Department of the Air Force were 
Executive departments. The National Security Act Amendments of 1949 
established the Department of Defense as an Executive Department 
including the Department of the Army, the Department of the Navy, and 
the Department of the Air Force as military departments, not as 
Executive departments. However, the source law for this section, which 
was in effect in 1949, remained applicable to the Secretaries of the 
military departments by virtue of section 12(g) of the National Security 
Act Amendments of 1949 (63 Stat. 591), which is set out in the reviser's 
note for section 301.
    The word ``detail'' is coextensive with and is substituted for 
``alter the distribution''. The word ``clerks'' is omitted as included 
in ``employees''. The words ``as he may find it necessary and proper to 
do'' and ``from time to time'' are omitted as surplusage.
    This section was part of title IV of the Revised Statutes. The Act 
of July 26, 1947, ch. 343, Sec. 201(d), as added Aug. 10, 1949, ch. 412, 
Sec. 4, 63 Stat. 579 (former 5 U.S.C. 171-1), which provides ``Except to 
the extent inconsistent with the provisions of this Act [National 
Security Act of 1947], the provisions of title IV of the Revised 
Statutes as now or hereafter amended shall be applicable to the 
Department of Defense'' is omitted from this title but is not repealed.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                       References in Text

    Section 209(6) of such Act, referred to in subsec. (c)(2)(B), means 
section 209(6) of Pub. L. 100-526, which is set out as a note under 
section 2687 of Title 10, Armed Forces.
    Section 2910(4) of such Act, referred to in subsec. (c)(2)(C), means 
section 2910(4) of Pub. L. 101-510, which is set out as a note under 
section 2687 of Title 10.


                               Amendments

    1996--Subsec. (b). Pub. L. 104-106 designated existing provisions as 
par. (1) and added par. (2).
    Subsec. (c). Pub. L. 104-106, Sec. 1033(a)(2), added subsec. (c).


                    Effective Date of 1996 Amendment

    Section 1033(b) of Pub. L. 104-106 provided that: ``The amendments 
made by subsection (a) [amending this section] apply to details made 
before the date of the enactment of this Act [Feb. 10, 1996] but still 
in effect on that date and details made on or after that date.''


      Transfer of Appropriated Funds; Funding of Detailed Employees

    For restriction on availability of funds for salaries of employees 
reassigned on temporary detail basis to another position without 
independent approval by head of employing department or agency, see 
section 515(3) of Pub. L. 103-333, set out as a note under section 1301 
of Title 31, Money and Finance.

                  Section Referred to in Other Sections

    This section is referred to in section 9510 of this title; title 15 
section 652; title 42 section 5667g-2.
