5 U.S. Code § 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.
Source(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.
1979—Subsecs. (a), (b). Pub. L. 96–54substituted “competing employee” for “preference eligible employed”.
1978—Subsecs. (a), (b). Pub. L. 95–454which 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. 96–54effective July 12, 1979, see section 2(b) ofPub. L. 96–54, set out as a note under section 305 of this title.
Effective Date of 1978 Amendment
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