
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: 5USC3503]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart B--Employment and Retention
 
     CHAPTER 35--RETENTION PREFERENCE, RESTORATION, AND REEMPLOYMENT
 
                   SUBCHAPTER I--RETENTION PREFERENCE
 
Sec. 3503. Transfer of functions

    (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, 
Sec. 307(f), Oct. 13, 1978, 92 Stat. 1149; Pub. L. 96-54, Sec. 2(a)(18), 
Aug. 14, 1979, 93 Stat. 382.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 861(a) (3d           June 27, 1944, ch.
                      proviso).                     287, Sec.  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.

                  Section Referred to in Other Sections

    This section is referred to in section 3595 of this title; title 10 
section 1586; title 16 section 460lll-47; title 22 section 1438; title 
24 section 225d.
