US (United States) Code. Title 5. Chapter 35: Retention preference, voluntary separation incentive payments

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Government organization and employees. Restoration and reemployment

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-CITE-

5 USC CHAPTER 35 - RETENTION PREFERENCE, VOLUNTARY

SEPARATION INCENTIVE PAYMENTS, RESTORATION,

AND REEMPLOYMENT 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 35 - RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE

PAYMENTS, RESTORATION, AND REEMPLOYMENT

.

-HEAD-

CHAPTER 35 - RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE

PAYMENTS, RESTORATION, AND REEMPLOYMENT

-MISC1-

SUBCHAPTER I - RETENTION PREFERENCE

Sec.

3501. Definitions; application.

3502. Order of retention.

3503. Transfer of functions.

3504. Preference eligibles; retention; physical qualifications;

waiver.

SUBCHAPTER II - VOLUNTARY SEPARATION INCENTIVE PAYMENTS

3521. Definitions.

3522. Agency plans; approval.

3523. Authority to provide voluntary separation incentive payments.

3524. Effect of subsequent employment with the Government.

3525. Regulations.

SUBCHAPTER III - REINSTATEMENT OR RESTORATION AFTER SUSPENSION OR

REMOVAL FOR NATIONAL SECURITY

3571. Reinstatement or restoration; individuals suspended or

removed for national security.

SUBCHAPTER IV - REEMPLOYMENT AFTER SERVICE WITH AN INTERNATIONAL

ORGANIZATION

3581. Definitions.

3582. Rights of transferring employees.

3583. Computations.

3584. Regulations.

SUBCHAPTER V - REMOVAL, REINSTATEMENT, AND GUARANTEED PLACEMENT IN

THE SENIOR EXECUTIVE SERVICE

3591. Definitions.

3592. Removal from the Senior Executive Service.

3593. Reinstatement in the Senior Executive Service.

3594. Guaranteed placement in other personnel systems.

3595. Reduction in force in the Senior Executive Service.

3595a. Furlough in the Senior Executive Service.

3596. Regulations.

SUBCHAPTER VI - REEMPLOYMENT FOLLOWING LIMITED APPOINTMENT IN THE

FOREIGN SERVICE

3597. Reemployment following limited appointment in the Foreign

Service.

AMENDMENTS

2002 - Pub. L. 107-296, title XIII, Sec. 1313(a)(1)(B), Nov. 25,

2002, 116 Stat. 2294, substituted ''RETENTION PREFERENCE, VOLUNTARY

SEPARATION INCENTIVE PAYMENTS, RESTORATION, AND REEMPLOYMENT'' for

''RETENTION PREFERENCE, RESTORATION, AND REEMPLOYMENT'' in chapter

heading and added item for subchapter II and items 3521 to 3525.

1994 - Pub. L. 103-353, Sec. 2(b)(2)(C), Oct. 13, 1994, 108 Stat.

3169, struck out item for subchapter II ''RESTORATION AFTER ACTIVE

DUTY OR TRAINING DUTY'' and item 3551 ''Restoration; Reserves and

National Guardsmen''.

1984 - Pub. L. 98-615, title III, Sec. 306(c)(2), Nov. 8, 1984,

98 Stat. 3220, added item 3595a.

1981 - Pub. L. 97-35, title XVII, Sec. 1704(a)(2), Aug. 13, 1981,

95 Stat. 757, redesignated item 3595 as 3596, and added item 3595.

1980 - Pub. L. 96-465, title II, Sec. 2301(b), Oct. 17, 1980, 94

Stat. 2164, added item for subchapter VI and item 3597.

1978 - Pub. L. 95-454, title IV, Sec. 404(c), Oct. 13, 1978, 92

Stat. 1167, added item for subchapter V and items 3591 to 3595.

-CITE-

5 USC SUBCHAPTER I - RETENTION PREFERENCE 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 35 - RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE

PAYMENTS, RESTORATION, AND REEMPLOYMENT

SUBCHAPTER I - RETENTION PREFERENCE

.

-HEAD-

SUBCHAPTER I - RETENTION PREFERENCE

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 6302 of this title;

title 2 section 1316a; title 7 section 7657; title 22 sections

3964, 4010a; title 42 section 237.

-CITE-

5 USC Sec. 3501 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 35 - RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE

PAYMENTS, RESTORATION, AND REEMPLOYMENT

SUBCHAPTER I - RETENTION PREFERENCE

-HEAD-

Sec. 3501. Definitions; application

-STATUTE-

(a) For the purpose of this subchapter, except section 3504 -

(1) ''active service'' has the meaning given it by section 101

of title 37;

(2) ''a retired member of a uniformed service'' means a member

or former member of a uniformed service who is entitled, under

statute, to retired, retirement, or retainer pay on account of

his service as such a member; and

(3) a preference eligible employee who is a retired member of a

uniformed service is considered a preference eligible only if -

(A) his retirement was based on disability -

(i) resulting from injury or disease received in line of

duty as a direct result of armed conflict; or

(ii) caused by an instrumentality of war and incurred in

the line of duty during a period of war as defined by

sections 101 and 1101 of title 38;

(B) his service does not include twenty or more years of

full-time active service, regardless of when performed but not

including period of active duty for training; or

(C) on November 30, 1964, he was employed in a position to

which this subchapter applies and thereafter he continued to be

so employed without a break in service of more than 30 days.

(b) Except as otherwise provided by this subsection and section

3504 of this title, this subchapter applies to each employee in or

under an Executive agency. This subchapter does not apply to an

employee whose appointment is required by Congress to be confirmed

by, or made with the advice and consent of, the Senate or to a

member of the Senior Executive Service or the Federal Bureau of

Investigation and Drug Enforcement Administration Senior Executive

Service.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 428; Pub. L. 94-183, Sec.

2(8), Dec. 31, 1975, 89 Stat. 1057; Pub. L. 95-454, title IV, Sec.

404(a), Oct. 13, 1978, 92 Stat. 1165; Pub. L. 100-325, Sec. 2(e),

May 30, 1988, 102 Stat. 581; Pub. L. 102-83, Sec. 5(c)(2), Aug. 6,

1991, 105 Stat. 406.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(a)(1), (2) 5 U.S.C. 3101 (as Aug. 19, 1964, Pub.

applicable to 5 L. 88-448, Sec. 101

U.S.C. 861). (as applicable to

Sec. 202), 78 Stat.

484.

(a)(3) 5 U.S.C. 861(b). June 27, 1944, ch.

287, Sec. 12(b);

added Aug. 19,

1964, Pub. L. 88-

448, Sec. 202(4)

(''(b)''), 78 Stat.

486.

-------------------------------

In subsection (a), the definitions of ''uniformed services'' and

''armed forces'' are omitted as unnecessary in view of the

definitions in section 2101. The definition of ''civilian office''

is omitted as unnecessary as subsection (b) of this section states

the application of this subchapter.

In subsection (a)(3), the words ''Notwithstanding any other

provision of this Act'' are omitted as unnecessary. The words

''preference eligible employee'' are coextensive with and

substituted for ''employee * * * included under section 2 of this

Act'' in view of the definition of preference eligible in section

2108. In paragraph (3)(C), the words ''on November 30, 1964, he was

employed in a position to which this subchapter applies and

thereafter he continued to be so employed'' are substituted for

''immediately prior to the effective date of this subsection, he

was employed in a civilian office to which this Act applies and, on

and after such date, he continues to be employed in any such

office''.

Subsection (b) is supplied on authority of sections 2, 12, and 20

of the Act of June 27, 1944, ch. 287, 58 Stat. 387, 391, which are

carried into this title.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the

preference to the report.

AMENDMENTS

1991 - Subsec. (a)(3)(A)(ii). Pub. L. 102-83 substituted

reference to section 1101 of title 38 for reference to section 301

of title 38.

1988 - Subsec. (b). Pub. L. 100-325 inserted reference to Federal

Bureau of Investigation and Drug Enforcement Administration Senior

Executive Service.

1978 - Subsec. (b). Pub. L. 95-454 inserted reference to a member

of Senior Executive Service.

1975 - Subsec. (b). Pub. L. 94-183 struck out '', except an

employee whose appointment is made under section 3311 of title 39''

after ''or made with the advice and consent of, the Senate''.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-454 effective 9 months after Oct. 13,

1978, and congressional review of provisions of sections 401

through 412 of Pub. L. 95-454, see section 415 of Pub. L. 95-454,

set out as an Effective Date note under section 3131 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2302, 3502, 6303 of this

title; title 10 sections 1586, 1610; title 22 sections 1438, 4010a;

title 31 section 732.

-CITE-

5 USC Sec. 3502 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 35 - RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE

PAYMENTS, RESTORATION, AND REEMPLOYMENT

SUBCHAPTER I - RETENTION PREFERENCE

-HEAD-

Sec. 3502. Order of retention

-STATUTE-

(a) The Office of Personnel Management shall prescribe

regulations for the release of competing employees in a reduction

in force which give due effect to -

(1) tenure of employment;

(2) military preference, subject to section 3501(a)(3) of this

title;

(3) length of service; and

(4) efficiency or performance ratings.

In computing length of service, a competing employee -

(A) who is not a retired member of a uniformed service is

entitled to credit for the total length of time in active service

in the armed forces;

(B) who is a retired member of a uniformed service is entitled

to credit for -

(i) the length of time in active service in the armed forces

during a war, or in a campaign or expedition for which a

campaign badge has been authorized; or

(ii) the total length of time in active service in the armed

forces if he is included under section 3501(a)(3)(A), (B), or

(C) of this title; and

(C) is entitled to credit for -

(i) service rendered as an employee of a county committee

established pursuant to section 8(b) of the Soil Conservation

and Allotment Act or of a committee or association of producers

described in section 10(b) of the Agricultural Adjustment Act;

and

(ii) service rendered as an employee described in section

2105(c) if such employee moves or has moved, on or after

January 1, 1966, without a break in service of more than 3

days, from a position in a nonappropriated fund instrumentality

of the Department of Defense or the Coast Guard to a position

in the Department of Defense or the Coast Guard, respectively,

that is not described in section 2105(c).

(b) A preference eligible described in section 2108(3)(C) of this

title who has a compensable service-connected disability of 30

percent or more and whose performance has not been rated

unacceptable under a performance appraisal system implemented under

chapter 43 of this title is entitled to be retained in preference

to other preference eligibles.

(c) An employee who is entitled to retention preference and whose

performance has not been rated unacceptable under a performance

appraisal system implemented under chapter 43 of this title is

entitled to be retained in preference to other competing employees.

(d)(1) Except as provided under subsection (e), an employee may

not be released, due to a reduction in force, unless -

(A) such employee and such employee's exclusive representative

for collective-bargaining purposes (if any) are given written

notice, in conformance with the requirements of paragraph (2), at

least 60 days before such employee is so released; and

(B) if the reduction in force would involve the separation of a

significant number of employees, the requirements of paragraph

(3) are met at least 60 days before any employee is so released.

(2) Any notice under paragraph (1)(A) shall include -

(A) the personnel action to be taken with respect to the

employee involved;

(B) the effective date of the action;

(C) a description of the procedures applicable in identifying

employees for release;

(D) the employee's ranking relative to other competing

employees, and how that ranking was determined; and

(E) a description of any appeal or other rights which may be

available.

(3) Notice under paragraph (1)(B) -

(A) shall be given to -

(i) the State or entity designated by the State to carry out

rapid response activities under section 134(a)(2)(A) of the

Workforce Investment Act of 1998; and

(ii) the chief elected official of such unit or each of such

units of local government as may be appropriate; and

(B) shall consist of written notification as to -

(i) the number of employees to be separated from service due

to the reduction in force (broken down by geographic area or on

such other basis as may be required under paragraph (4));

(ii) when those separations will occur; and

(iii) any other matter which might facilitate the delivery of

rapid response assistance or other services under title I of

the Workforce Investment Act of 1998.

(4) The Office shall prescribe such regulations as may be

necessary to carry out this subsection. The Office shall consult

with the Secretary of Labor on matters relating to title I of the

Workforce Investment Act of 1998.

(e)(1) Subject to paragraph (3), upon request submitted under

paragraph (2), the President may, in writing, shorten the period of

advance notice required under subsection (d)(1)(A) and (B), with

respect to a particular reduction in force, if necessary because of

circumstances not reasonably foreseeable.

(2) A request to shorten notice periods shall be submitted to the

President by the head of the agency involved, and shall indicate

the reduction in force to which the request pertains, the number of

days by which the agency head requests that the periods be

shortened, and the reasons why the request is necessary.

(3) No notice period may be shortened to less than 30 days under

this subsection.

(f)(1) The Secretary of Defense or the Secretary of a military

department may -

(A) separate from service any employee who volunteers to be

separated under this subparagraph even though the employee is not

otherwise subject to separation due to a reduction in force; and

(B) for each employee voluntarily separated under subparagraph

(A), retain an employee in a similar position who would otherwise

be separated due to a reduction in force.

(2) The separation of an employee under paragraph (1)(A) shall be

treated as an involuntary separation due to a reduction in force.

(3) An employee with critical knowledge and skills (as defined by

the Secretary concerned) may not participate in a voluntary

separation under paragraph (1)(A) if the Secretary concerned

determines that such participation would impair the performance of

the mission of the Department of Defense or the military department

concerned.

(4) The regulations prescribed under this section shall

incorporate the authority provided in this subsection.

(5) No authority under paragraph (1) may be exercised after

September 30, 2005.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 428; Pub. L. 90-367, Sec.

3, June 29, 1968, 82 Stat. 278; Pub. L. 90-623, Sec. 1(23), Oct.

22, 1968, 82 Stat. 1313; Pub. L. 95-454, title III, Sec. 307(e),

title IX, Sec. 906(a)(2), Oct. 13, 1978, 92 Stat. 1149, 1224; Pub.

L. 99-251, title III, Sec. 306(a), Feb. 27, 1986, 100 Stat. 27;

Pub. L. 101-508, title VII, Sec. 7202(c), Nov. 5, 1990, 104 Stat.

1388-335; Pub. L. 102-484, div. D, title XLIV, Sec. 4433(a)(1),

Oct. 23, 1992, 106 Stat. 2721; Pub. L. 104-106, div. A, title X,

Sec. 1034, 1043(d)(1), Feb. 10, 1996, 110 Stat. 430, 438; Pub. L.

104-201, div. A, title XVI, Sec. 1609, Sept. 23, 1996, 110 Stat.

2738; Pub. L. 105-277, div. A, Sec. 101(f) (title VIII, Sec.

405(d)(1), (f)(1)), Oct. 21, 1998, 112 Stat. 2681-337, 2681-417,

2681-429; Pub. L. 106-398, Sec. 1 ((div. A), title XI, Sec. 1103),

Oct. 30, 2000, 114 Stat. 1654, 1654A-311.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(a) 5 U.S.C. 861(a) June 27, 1944, ch.

(less 2d and 3d 287, Sec. 12 (less

provisos), (c). 2d and 3d

provisos), 58 Stat.

390. Aug. 19, 1964,

Pub. L. 88-448,

Sec. 202 (1)-(3),

(4) (''(c)''), 78

78 Stat. 486.

(b) 5 U.S.C. 861(a) (2d June 27, 1944, ch.

proviso). 287, Sec. 12 (2d

proviso), 58 Stat.

390.

-------------------------------

In subsection (a), the words ''reduction in force'' are

substituted for ''reduction in personnel''. The words ''in any

civilian service of any Federal agency'' are omitted as unnecessary

because of the application stated in section 3501. In the second

sentence, the word ''total'' in the phrase ''length of service'' is

omitted for consistency with paragraph (3), and the words ''subject

to subsection (c) of this section'' are omitted as unnecessary in

view of the supplied distinction between a competing employee who

is not a retired member of a uniformed service and such an employee

who is a retired member of a uniformed service. In paragraph (A),

the words ''total length of time in active service'' are

substituted for ''length of time spent in active service'' for

consistency with paragraph (B)(ii).

In subsections (a) and (b), the references to ''performance''

ratings and ratings of ''satisfactory'' are added on authority of

former section 2005, which is carried into section 4304.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-REFTEXT-

REFERENCES IN TEXT

Section 8(b) of the Soil Conservation and Allotment Act, referred

to in subsec. (a)(C)(i), probably means section 8(b) of the Soil

Conservation and Domestic Allotment Act, which is classified to

section 590h(b) of Title 16, Conservation.

Section 10(b) of the Agricultural Adjustment Act, referred to in

subsec. (a)(C)(i), is classified to section 610(b) of Title 7,

Agriculture.

The Workforce Investment Act of 1998, referred to in subsec.

(d)(3), (4), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as

amended. Title I of the Act is classified principally to chapter

30 (Sec. 2801 et seq.) of Title 29, Labor. Section 134(a)(2)(A) of

the Act is classified to section 2864(a)(2)(A) of Title 29. For

complete classification of this Act to the Code, see Short Title

note set out under section 9201 of Title 20, Education, and Tables.

-MISC2-

AMENDMENTS

2000 - Subsec. (f)(5). Pub. L. 106-398 substituted ''September

30, 2005'' for ''September 30, 2001''.

1998 - Subsec. (d)(3)(A)(i). Pub. L. 105-277, Sec. 101(f) (title

VIII, Sec. 405(f)(1)(A)(i)), added cl. (i) and struck out former

cl. (i) which read as follows: ''the appropriate State dislocated

worker unit or office (referred to in section 311(b)(2) of the Job

Training Partnership Act), or the State or entity designated by the

State to carry out rapid response activities under section

134(a)(2)(A) of the Workforce Investment Act of 1998; and''.

Pub. L. 105-277, Sec. 101(f) (title VIII, Sec. 405(d)(1)(A)(i)),

added cl. (i) and struck out former cl. (i) which read as follows:

''the appropriate State dislocated worker unit or units (referred

to in section 311(b)(2) of the Job Training Partnership Act);

and''.

Subsec. (d)(3)(B)(iii). Pub. L. 105-277, Sec. 101(f) (title VIII,

Sec. 405(f)(1)(A)(ii)), struck out ''under the Job Training

Partnership Act or'' before ''under title I of''.

Pub. L. 105-277, Sec. 101(f) (title VIII, Sec. 405(d)(1)(A)(ii)),

substituted ''other services under the Job Training Partnership Act

or under title I of the Workforce Investment Act of 1998'' for

''other services under the Job Training Partnership Act''.

Subsec. (d)(4). Pub. L. 105-277, Sec. 101(f) (title VIII, Sec.

405(f)(1)(B)), struck out ''the Job Training Partnership Act or''

before ''title I of''.

Pub. L. 105-277, Sec. 101(f) (title VIII, Sec. 405(d)(1)(B)),

substituted ''Secretary of Labor on matters relating to the Job

Training Partnership Act or title I of the Workforce Investment Act

of 1998'' for ''Secretary of Labor on matters relating to the Job

Training Partnership Act''.

1996 - Subsec. (a)(C)(ii). Pub. L. 104-106, Sec. 1043(d)(1),

substituted ''January 1, 1966'' for ''January 1, 1987''.

Subsec. (f). Pub. L. 104-201 amended subsec. (f) generally.

Prior to amendment, subsec. (f) read as follows:

''(f)(1) The Secretary of Defense or the Secretary of a military

department may -

''(A) release in a reduction in force an employee who

volunteers for the release even though the employee is not

otherwise subject to release in the reduction in force under the

criteria applicable under the other provisions of this section;

and

''(B) for each employee voluntarily released in the reduction

in force under subparagraph (A), retain an employee in a similar

position who would otherwise be released in the reduction in

force under such criteria.

''(2) A voluntary release of an employee in a reduction in force

pursuant to paragraph (1) shall be treated as an involuntary

release in the reduction in force.

''(3) An employee with critical knowledge and skills (as defined

by the Secretary concerned) may not participate in a voluntary

release under paragraph (1) if the Secretary concerned determines

that such participation would impair the performance of the mission

of the Department of Defense or the military department concerned.

''(4) The regulations prescribed under this section shall

incorporate the authority provided in this subsection.

''(5) The authority under paragraph (1) may not be exercised

after September 30, 1996.''

Pub. L. 104-106, Sec. 1034, added subsec. (f).

1992 - Subsecs. (d), (e). Pub. L. 102-484 added subsecs. (d) and

(e).

1990 - Subsec. (a)(C). Pub. L. 101-508 amended subpar. (C)

generally. Prior to amendment, subpar. (C) read as follows: ''is

entitled to credit for service rendered as an employee of a county

committee established pursuant to section 590h(b) of title 16, or

of a committee or an association of producers described in section

610(b) of title 7.''

1986 - Subsec. (a)(C). Pub. L. 99-251 struck out ''who is an

employee in or under the Department of Agriculture'' before ''is

entitled to credit''.

1978 - Subsec. (a). Pub. L. 95-454, Sec. 906(a)(2), substituted

''Office of Personnel Management'' for ''Civil Service

Commission''.

Subsec. (b). Pub. L. 95-454, Sec. 307(e), substituted provisions

relating to retention of a preference eligible with a compensable

service-connected disability of 30 percent or more, for provisions

relating to retention of preference eligible employees on the basis

of ratings.

Subsec. (c). Pub. L. 95-454, Sec. 307(e), added subsec. (c).

1968 - Subsec. (a). Pub. L. 90-623 made minor changes in form and

punctuation in subpars. (A) and (B), and, in subpar. (C),

substituted ''section 590h(b) of title 16'' and ''section 610(b) of

title 7'' for ''section 8(b) of the Soil Conservation and Domestic

Allotment Act (16 U.S.C. 590h(b))'' and ''section 10(b) of the

Agricultural Adjustment Act of May 12, 1933 (48 Stat. 37)''

respectively.

Subsec. (a)(C). Pub. L. 90-367 added subsec. (a)(C).

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-277, div. A, Sec. 101(f) (title VIII, Sec. 405(g)),

Oct. 21, 1998, 112 Stat. 2681-337, 2681-434, as amended by Pub. L.

106-400, Sec. 2, Oct. 30, 2000, 114 Stat. 1675, provided that:

''(1) Immediately effective amendments. - The amendments made by

subsections (a) through (d) (amending this section and sections

2014, 2015, and 2026 of Title 7, Agriculture, sections 1255a and

1613 of Title 8, Aliens and Nationality, sections 636, 1022a, 3116,

and 3151 of Title 15, Commerce and Trade, section 79l of Title 16,

Conservation, section 665 of Title 18, Crimes and Criminal

Procedure, sections 2296 and 2311 of Title 19, Customs Duties,

sections 1070d-2, 1087vv, 3443, 5934, 5938, 6365, 6434, 6453, and

6455 of Title 20, Education, section 5855 of Title 22, Foreign

Relations and Intercourse, section 2102 of Title 29, Labor, section

6703 of Title 31, Money and Finance, sections 4102A, 4103A, and

4213 of Title 38, Veterans' Benefits, and sections 603, 1437u,

1474, 3013, 3056, 3056a, 3056h, 3796ee, 4368a, 4953, 4959, 6103,

6864, 6873, 7274h, 9806, 11302, 12637, 12653c, 12655m, 12899c,

12899e, and 13823 of Title 42, The Public Health and Welfare,

amending provisions set out as notes under sections 1183a and 1522

of Title 8, sections 1143, 2391, 2501, 2701, and 2687 of Title 10,

Armed Forces, section 3304 of Title 26, Internal Revenue Code,

section 1721 of Title 29, and section 4101 of Title 38, and

repealing provisions set out as notes under sections 1501 and 1551

of Title 29) shall take effect on the date of the enactment of this

Act (Oct. 21, 1998).

''(2) Subsequently effective amendments. -

''(A) Mckinney-vento homeless assistance act. - The amendments

made by subsection (e) shall take effect on July 1, 1999.

''(B) Job training partnership act. - The amendments made by

subsection (f) (amending this section and sections 2014, 2015,

and 2026 of Title 7, Agriculture, sections 1255a and 1613 of

Title 8, Aliens and Nationality, sections 636 and 3116 of Title

15, Commerce and Trade, sections 2296 and 2311 of Title 19,

Customs Duties, sections 1070d-2, 1087vv, 6365, 6434, 6453, and

6455 of Title 20, Education, section 2102 of Title 29, Labor,

section 6703 of Title 31, Money and Finance, sections 4102A,

4103A, and 4213 of Title 38, Veterans' Benefits, and sections

603, 1437u, 1474, 3013, 3056, 3056a, 3056h, 3796ee, 4368a, 4953,

4959, 6864, 6873, 7274h, 9806, 11302, 12653c, 12655m, 12899c, and

13823 of Title 42, The Public Health and Welfare, and amending

provisions set out as notes under sections 1183a and 1522 of

Title 8, sections 1143, 2501, 2687, and 2701 of Title 10, Armed

Forces, section 3304 of Title 26, Internal Revenue Code, section

1721 of Title 29, and section 4101 of Title 38) shall take effect

on July 1, 2000.''

EFFECTIVE DATE OF 1996 AMENDMENT

Section 1043(d)(2) of Pub. L. 104-106 provided that:

''Notwithstanding any provision of subsection (c) (set out as a

note under section 8347 of this title), the amendment made by

paragraph (1) (amending this section) shall -

''(A) take effect on the date of the enactment of this Act

(Feb. 10, 1996); and

''(B) apply with respect to any reduction in force carried out

on or after such date.''

EFFECTIVE DATE OF 1992 AMENDMENT

Section 4433(a)(2) of Pub. L. 102-484 provided that: ''The

amendment made by paragraph (1) (amending this section) shall apply

with respect to any personnel action taking effect on or after the

last day of the 90-day period beginning on the date of enactment of

this Act (Oct. 23, 1992).''

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-508 applicable with respect to any

individual who, on or after Jan. 1, 1987, moves from employment in

nonappropriated fund instrumentality of Department of Defense or

Coast Guard, that is described in section 2105(c) of this title, to

employment in Department or Coast Guard, that is not described in

section 2105(c), or who moves from employment in Department or

Coast Guard, that is not described in section 2105(c), to

employment in nonappropriated fund instrumentality of Department or

Coast Guard, that is described in section 2105(c), see section

7202(m)(1) of Pub. L. 101-508, set out as a note under section 2105

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.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-623 intended to restate without

substantive change the law in effect on Oct. 22, 1968, see section

6 of Pub. L. 90-623, set out as a note under section 5334 of this

title.

REGULATIONS

For provisions relating to promulgation of regulations necessary

to carry out amendment by section 1043(d)(1) of Pub. L. 104-106,

see section 1043(b) of Pub. L. 104-106, set out as a Regulations;

Effective Date of 1996 Amendment note under section 8347 of this

title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC5-

INTERAGENCY PLACEMENT PROGRAM FOR FEDERAL EMPLOYEES AFFECTED BY

REDUCTIONS IN FORCE

Pub. L. 103-337, div. A, title X, Sec. 1066, Oct. 5, 1994, 108

Stat. 2850, provided that:

''(a) Study and Report. - (1) The Director of the Office of

Personnel Management shall conduct a study on the feasibility of

establishing a mandatory interagency placement program for Federal

employees affected by reductions in force.

''(2) For purposes of paragraph (1), an interagency placement

program is a program that provides a system to require the offering

of a position in an agency to an employee of another agency

affected by a reduction in force if -

''(A) the position cannot be filled through a placement program

of the agency in which the position is located;

''(B) the employee to whom the offer is made is qualified for

the offered position; and

''(C) the geographic location of the offered position is within

the commuting area of -

''(i) the residence of the employee; or

''(ii) the employee's present or last-held position.

''(3) The Director shall carry out this subsection in

consultation with the Secretary of Defense.

''(4) The Director shall seek comments from the heads of all

appropriate Federal agencies in conducting the study required by

paragraph (1).

''(5) Not later than six months after the date of the enactment

of this Act (Oct. 5, 1994), the Director shall submit to Congress a

report on the results of the study required by paragraph (1) and on

any action taken by the Director under subsection (b).

''(b) Agreements To Establish Interagency Placement Program. -

(1) The Director may establish a Government-wide interagency

placement program for Federal employees affected by reductions in

force if, during the 6-month period beginning on the date of the

enactment of this Act (Oct. 5, 1994), the Director, in consultation

with the Secretary of Defense, determines that such a program is

feasible. To carry out the program, the Director may enter into an

agreement with the head of each agency that agrees to participate

in the program. If the Director establishes a program under this

subsection, it is not necessary that the program be an interagency

placement program within the meaning of subsection (a)(2).

''(2) If the Director establishes a program pursuant to paragraph

(1), the report required by subsection (a)(5) shall identify each

agency that does not agree to participate in the program and the

reasons of the head of that agency for not agreeing to participate.

''(c) Definitions. - For purposes of this section:

''(1) The term 'agency' means an Executive agency as defined in

section 105 of title 5, United States Code, except that such term

does not include the General Accounting Office.

''(2) The term 'Federal employees affected by reductions in

force' means Federal employees who are separated, or are

scheduled to be separated, from service under a reduction in

force pursuant to -

''(A) regulations prescribed under section 3502 of title 5,

United States Code; or

''(B) procedures established under section 3595 of such

title.''

SPECIAL RULE ON APPLICATION OF SUBSECTIONS (D) AND (E)

Section 4433(b) of Pub. L. 102-484, as amended by Pub. L.

103-337, div. A, title III, Sec. 341(a), Oct. 5, 1994, 108 Stat.

2720, provided that:

''(1) The provisions of section 3502(d) and (e) of title 5,

United States Code (as added by subsection (a)) shall apply to

employees of the Department of Defense according to their terms,

except that, with respect to any reduction in force within that

agency that would involve the separation of a significant number of

employees (as determined under paragraph (1)(B) of such section

3502(d)), any reference in such section 3502(d) to '60 days' shall,

in the case of the employees described in paragraph (2), be deemed

to read '120 days'.

''(2) The employees described in this paragraph are those

employees of the Department of Defense who are to be separated, due

to a reduction in force described in paragraph (1), effective on or

after the last day of the 90-day period referred to in subsection

(a)(2) (see Effective Date of 1992 Amendment note above) and before

February 1, 2000.

''(3) Nothing in this subsection shall prevent the application of

the amendment made by subsection (a) (amending this section) with

respect to an employee if -

''(A) the preceding paragraphs of this subsection do not apply

with respect to such employee; and

''(B) the amendment made by subsection (a) would otherwise

apply with respect to such employee.

''(4) The Secretary of Defense shall prescribe such regulations

as may be necessary to carry out this subsection.''

INDIAN PREFERENCE LAWS APPLICABLE TO BUREAU OF INDIAN AFFAIRS AND

INDIAN HEALTH SERVICE POSITIONS

Applicability of Indian preference laws to Bureau of Indian

Affairs and Indian Health Service positions for purposes of

reduction-in-force procedures under subsec. (a) of this section,

see section 472a(a) of Title 25, Indians.

-EXEC-

EX. ORD. NO. 12828. DELEGATION OF CERTAIN PERSONNEL MANAGEMENT

AUTHORITIES

Ex. Ord. No. 12828, Jan. 5, 1993, 58 F.R. 2965, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including section 301

of title 3 of the United States Code and sections 3502(e),

4505a(e), and 5377(i)(2) of title 5 of the United States Code, it

is hereby ordered as follows:

Section 1. The Office of Personnel Management is designated and

empowered to exercise, without the approval, ratification, or other

action of the President, the following:

(1) The authority of the President under 5 U.S.C. 3502(e), as

added by section 4433 of Public Law 102-484, to shorten the period

of advance notice otherwise required by law with respect to

reductions in force.

(2) The authority of the President under 5 U.S.C. 4505a(e), as

added by section 2(19) of Public Law 102-378, to permit

performance-based cash awards to be paid to categories of employees

who would not otherwise be eligible.

Sec. 2. The Director of the Office of Management and Budget is

designated and empowered to exercise, without the approval,

ratification, or other action of the President, the authority of

the President under 5 U.S.C. 5377(i)(2), as added by section 2(34)

of Public Law 102-378, to designate one or more categories of

positions within an agency to be treated as critical positions

within the meaning of 5 U.S.C. 5377(a)(2).

Sec. 3. This order shall be effective immediately.

George Bush.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2302, 7512, 7521, 9508 of

this title; title 10 sections 1586, 1610; title 22 section 1438;

title 25 section 472a; title 31 section 732; title 32 section 709;

title 42 sections 616, 7237.

-CITE-

5 USC Sec. 3503 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 35 - RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE

PAYMENTS, RESTORATION, AND REEMPLOYMENT

SUBCHAPTER I - RETENTION PREFERENCE

-HEAD-

Sec. 3503. Transfer of functions

-STATUTE-

(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.

-SOURCE-

(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.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

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.

-SECREF-

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.

-CITE-

5 USC Sec. 3504 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 35 - RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE

PAYMENTS, RESTORATION, AND REEMPLOYMENT

SUBCHAPTER I - RETENTION PREFERENCE

-HEAD-

Sec. 3504. Preference eligibles; retention; physical

qualifications; waiver

-STATUTE-

(a) In determining qualifications of a preference eligible for

retention in a position in the competitive service, an Executive

agency, or the government of the District of Columbia, the Office

of Personnel Management or other examining agency shall waive -

(1) requirements as to age, height, and weight, unless the

requirement is essential to the performance of the duties of the

position; and

(2) physical requirements if, in the opinion of the Office or

other examining agency, after considering the recommendation of

an accredited physician, the preference eligible is physically

able to perform efficiently the duties of the position.

(b) If an examining agency determines that, on the basis of

evidence before it, a preference eligible described in section

2108(3)(C) of this title who has a compensable service-connected

disability of 30 percent or more is not able to fulfill the

physical requirements of the position, the examining agency shall

notify the Office of the determination and, at the same time, the

examining agency shall notify the preference eligible of the

reasons for the determination and of the right to respond, within

15 days of the date of the notification, to the Office. The Office

shall require a demonstration by the appointing authority that the

notification was timely sent to the preference eligible's last

known address and shall, before the selection of any other person

for the position, make a final determination on the physical

ability of the preference eligible to perform the duties of the

position, taking into account any additional information provided

in the response. When the Office has completed its review of the

proposed disqualification on the basis of physical disability, it

shall send its findings to the appointing authority and the

preference eligible. The appointing authority shall comply with

the findings of the Office. The functions of the Office under this

subsection may not be delegated.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 429; Pub. L. 95-454, title

III, Sec. 307(g), title IX, Sec. 906(a)(2), (3), Oct. 13, 1978, 92

Stat. 1149, 1224.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 854 (1st 2 June 27, 1944, ch.

sentences, so much 287, Sec. 5 (1st 2

as relates to sentences, so much

retention). as relates to

retention), 58

Stat. 388.

-------------------------------

The words ''in the competitive service, an Executive agency, or

the government of the District of Columbia'' are added on authority

of former sections 851, 858, and 869 which are carried into this

title. The words ''preference eligible'' are substituted for

''veteran''.

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

1978 - Pub. L. 95-454 designated existing provisions as subsec.

(a), substituted ''Office of Personnel Management'' for ''Civil

Service Commission'' and ''Office'' for ''Commission'', and added

subsec. (b).

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2302, 3501 of this title;

title 22 section 1438.

-CITE-

5 USC SUBCHAPTER II - VOLUNTARY SEPARATION INCENTIVE

PAYMENTS 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 35 - RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE

PAYMENTS, RESTORATION, AND REEMPLOYMENT

SUBCHAPTER II - VOLUNTARY SEPARATION INCENTIVE PAYMENTS

.

-HEAD-

SUBCHAPTER II - VOLUNTARY SEPARATION INCENTIVE PAYMENTS

-MISC1-

PRIOR PROVISIONS

A prior subchapter II of this chapter consisting of section 3551,

related to restoration of positions of Federal and District of

Columbia employees upon release from duty in Reserves or National

Guard, prior to repeal by Pub. L. 103-353, Sec. 2(b)(2)(B), 8, Oct.

13, 1994, 108 Stat. 3169, 3175, effective with respect to

reemployments initiated on or after first day after 60-day period

beginning Oct. 13, 1994, with transition rules.

-CITE-

5 USC Sec. 3521 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 35 - RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE

PAYMENTS, RESTORATION, AND REEMPLOYMENT

SUBCHAPTER II - VOLUNTARY SEPARATION INCENTIVE PAYMENTS

-HEAD-

Sec. 3521. Definitions

-STATUTE-

In this subchapter, the term -

(1) ''agency'' means an Executive agency as defined under

section 105; and

(2) ''employee'' -

(A) means an employee as defined under section 2105 employed

by an agency and an individual employed by a county committee

established under section 8(b)(5) of the Soil Conservation and

Domestic Allotment Act (16 U.S.C. 590h(b)(5)) who -

(i) is serving under an appointment without time

limitation; and

(ii) has been currently employed for a continuous period of

at least 3 years; and

(B) shall not include -

(i) a reemployed annuitant under subchapter III of chapter

83 or 84 or another retirement system for employees of the

Government;

(ii) an employee having a disability on the basis of which

such employee is or would be eligible for disability

retirement under subchapter III of chapter 83 or 84 or

another retirement system for employees of the Government;

(iii) an employee who is in receipt of a decision notice of

involuntary separation for misconduct or unacceptable

performance;

(iv) an employee who has previously received any voluntary

separation incentive payment from the Federal Government

under this subchapter or any other authority;

(v) an employee covered by statutory reemployment rights

who is on transfer employment with another organization; or

(vi) any employee who -

(I) during the 36-month period preceding the date of

separation of that employee, performed service for which a

student loan repayment benefit was or is to be paid under

section 5379;

(II) during the 24-month period preceding the date of

separation of that employee, performed service for which a

recruitment or relocation bonus was or is to be paid under

section 5753; or

(III) during the 12-month period preceding the date of

separation of that employee, performed service for which a

retention bonus was or is to be paid under section 5754.

-SOURCE-

(Added Pub. L. 107-296, title XIII, Sec. 1313(a)(1)(A), Nov. 25,

2002, 116 Stat. 2291.)

-MISC1-

EFFECTIVE DATE

Pub. L. 107-296, title XIII, Sec. 1313(a)(4), Nov. 25, 2002, 116

Stat. 2294, provided that: ''This subsection (enacting this

subchapter and provisions set out as notes under this section)

shall take effect 60 days after the date of enactment of this Act

(Nov. 25, 2002).''

ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS

Pub. L. 107-296, title XIII, Sec. 1313(a)(2), Nov. 25, 2002, 116

Stat. 2294, provided that: ''The Director of the Administrative

Office of the United States Courts may, by regulation, establish a

program substantially similar to the program established under

paragraph (1) (enacting this subchapter) for individuals serving in

the judicial branch.''

CONTINUATION OF OTHER AUTHORITY

Pub. L. 107-296, title XIII, Sec. 1313(a)(3), Nov. 25, 2002, 116

Stat. 2294, provided that: ''Any agency exercising any voluntary

separation incentive authority in effect on the effective date of

this subsection (see Effective Date note above) may continue to

offer voluntary separation incentives consistent with that

authority until that authority expires.''

SENSE OF CONGRESS

Pub. L. 107-296, title XIII, Sec. 1313(c), Nov. 25, 2002, 116

Stat. 2296, provided that: ''It is the sense of Congress that the

implementation of this section (enacting this subchapter, amending

sections 8336 and 8414 of this title, enacting provisions set out

as notes under this section and section 8336 of this title, and

repealing provisions set out as notes under sections 8336 and 8414

of this title) is intended to reshape the Federal workforce and not

downsize the Federal workforce.''

-CITE-

5 USC Sec. 3522 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 35 - RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE

PAYMENTS, RESTORATION, AND REEMPLOYMENT

SUBCHAPTER II - VOLUNTARY SEPARATION INCENTIVE PAYMENTS

-HEAD-

Sec. 3522. Agency plans; approval

-STATUTE-

(a) Before obligating any resources for voluntary separation

incentive payments, the head of each agency shall submit to the

Office of Personnel Management a plan outlining the intended use of

such incentive payments and a proposed organizational chart for the

agency once such incentive payments have been completed.

(b) The plan of an agency under subsection (a) shall include -

(1) the specific positions and functions to be reduced or

eliminated;

(2) a description of which categories of employees will be

offered incentives;

(3) the time period during which incentives may be paid;

(4) the number and amounts of voluntary separation incentive

payments to be offered; and

(5) a description of how the agency will operate without the

eliminated positions and functions.

(c) The Director of the Office of Personnel Management shall

review each agency's plan an (FOOTNOTE 1) may make any appropriate

modifications in the plan, in consultation with the Director of the

Office of Management and Budget. A plan under this section may not

be implemented without the approval of the Directive (FOOTNOTE 2)

of the Office of Personnel Management.

(FOOTNOTE 1) So in original. Probably should be ''and''.

(FOOTNOTE 2) So in original. Probably should be ''Director''.

-SOURCE-

(Added Pub. L. 107-296, title XIII, Sec. 1313(a)(1)(A), Nov. 25,

2002, 116 Stat. 2292.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3523 of this title.

-CITE-

5 USC Sec. 3523 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 35 - RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE

PAYMENTS, RESTORATION, AND REEMPLOYMENT

SUBCHAPTER II - VOLUNTARY SEPARATION INCENTIVE PAYMENTS

-HEAD-

Sec. 3523. Authority to provide voluntary separation incentive

payments

-STATUTE-

(a) A voluntary separation incentive payment under this

subchapter may be paid to an employee only as provided in the plan

of an agency established under section 3522.

(b) A voluntary incentive payment -

(1) shall be offered to agency employees on the basis of -

(A) 1 or more organizational units;

(B) 1 or more occupational series or levels;

(C) 1 or more geographical locations;

(D) skills, knowledge, or other factors related to a

position;

(E) specific periods of time during which eligible employees

may elect a voluntary incentive payment; or

(F) any appropriate combination of such factors;

(2) shall be paid in a lump sum after the employee's

separation;

(3) shall be equal to the lesser of -

(A) an amount equal to the amount the employee would be

entitled to receive under section 5595(c) if the employee were

entitled to payment under such section (without adjustment for

any previous payment made); or

(B) an amount determined by the agency head, not to exceed

$25,000;

(4) may be made only in the case of an employee who voluntarily

separates (whether by retirement or resignation) under this

subchapter;

(5) shall not be a basis for payment, and shall not be included

in the computation, of any other type of Government benefit;

(6) shall not be taken into account in determining the amount

of any severance pay to which the employee may be entitled under

section 5595, based on another other (FOOTNOTE 1) separation; and

(FOOTNOTE 1) So in original.

(7) shall be paid from appropriations or funds available for

the payment of the basic pay of the employee.

-SOURCE-

(Added Pub. L. 107-296, title XIII, Sec. 1313(a)(1)(A), Nov. 25,

2002, 116 Stat. 2293.)

-CITE-

5 USC Sec. 3524 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 35 - RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE

PAYMENTS, RESTORATION, AND REEMPLOYMENT

SUBCHAPTER II - VOLUNTARY SEPARATION INCENTIVE PAYMENTS

-HEAD-

Sec. 3524. Effect of subsequent employment with the Government

-STATUTE-

(a) The term ''employment'' -

(1) in subsection (b) includes employment under a personal

services contract (or other direct contract) with the United

States Government (other than an entity in the legislative

branch); and

(2) in subsection (c) does not include employment under such a

contract.

(b) An individual who has received a voluntary separation

incentive payment under this subchapter and accepts any employment

for compensation with the Government of the United States with

(FOOTNOTE 1) 5 years after the date of the separation on which the

payment is based shall be required to pay, before the individual's

first day of employment, the entire amount of the incentive payment

to the agency that paid the incentive payment.

(FOOTNOTE 1) So in original. Probably should be ''within''.

(c)(1) If the employment under this section is with an agency,

other than the General Accounting Office, the United States Postal

Service, or the Postal Rate Commission, the Director of the Office

of Personnel Management may, at the request of the head of the

agency, may (FOOTNOTE 2) waive the repayment if -

(FOOTNOTE 2) So in original.

(A) the individual involved possesses unique abilities and is

the only qualified applicant available for the position; or

(B) in case of an emergency involving a direct threat to life

or property, the individual -

(i) has skills directly related to resolving the emergency;

and

(ii) will serve on a temporary basis only so long as that

individual's services are made necessary by the emergency.

(2) If the employment under this section is with an entity in the

legislative branch, the head of the entity or the appointing

official may waive the repayment if the individual involved

possesses unique abilities and is the only qualified applicant

available for the position.

(3) If the employment under this section is with the judicial

branch, the Director of the Administrative Office of the United

States Courts may waive the repayment if the individual involved

possesses unique abilities and is the only qualified applicant

available for the position.

-SOURCE-

(Added Pub. L. 107-296, title XIII, Sec. 1313(a)(1)(A), Nov. 25,

2002, 116 Stat. 2293.)

-CITE-

5 USC Sec. 3525 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 35 - RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE

PAYMENTS, RESTORATION, AND REEMPLOYMENT

SUBCHAPTER II - VOLUNTARY SEPARATION INCENTIVE PAYMENTS

-HEAD-

Sec. 3525. Regulations

-STATUTE-

The Office of Personnel Management may prescribe regulations to

carry out this subchapter.

-SOURCE-

(Added Pub. L. 107-296, title XIII, Sec. 1313(a)(1)(A), Nov. 25,

2002, 116 Stat. 2294.)

-MISC1-

PRIOR PROVISIONS

A prior section 3551, Pub. L. 89-554, Sept. 6, 1966, 80 Stat.

429; Pub. L. 90-491, Sec. 2, Aug. 17, 1968, 82 Stat. 791, related

to restoration of positions of Federal and District of Columbia

employees upon release from duty in Reserves or National Guard,

prior to repeal by Pub. L. 103-353, Sec. 2(b)(2)(B), 8, Oct. 13,

1994, 108 Stat. 3169, 3175, effective with respect to reemployments

initiated on or after first day after 60-day period beginning Oct.

13, 1994, with transition rules.

-CITE-

5 USC SUBCHAPTER III - REINSTATEMENT OR RESTORATION

AFTER SUSPENSION OR REMOVAL FOR NATIONAL

SECURITY 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 35 - RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE

PAYMENTS, RESTORATION, AND REEMPLOYMENT

SUBCHAPTER III - REINSTATEMENT OR RESTORATION AFTER SUSPENSION OR

REMOVAL FOR NATIONAL SECURITY

.

-HEAD-

SUBCHAPTER III - REINSTATEMENT OR RESTORATION AFTER SUSPENSION OR

REMOVAL FOR NATIONAL SECURITY

-CITE-

5 USC Sec. 3571 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 35 - RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE

PAYMENTS, RESTORATION, AND REEMPLOYMENT

SUBCHAPTER III - REINSTATEMENT OR RESTORATION AFTER SUSPENSION OR

REMOVAL FOR NATIONAL SECURITY

-HEAD-

Sec. 3571. Reinstatement or restoration; individuals suspended or

removed for national security

-STATUTE-

An individual suspended or removed under section 7532 of this

title may be restored to duty in the discretion of the head of the

agency concerned.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 429.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 22-1 (1st Aug. 26, 1950, ch.

31 words of 3d 803, Sec. 1 (1st 31

proviso). words of 3d

proviso), 64 Stat.

477.

-------------------------------

The words ''suspended or removed under section 7532 of this

title'' are coextensive with and substituted for ''whose employment

is so suspended or terminated under the authority of said

sections''.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-CITE-

5 USC SUBCHAPTER IV - REEMPLOYMENT AFTER SERVICE WITH AN

INTERNATIONAL ORGANIZATION 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 35 - RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE

PAYMENTS, RESTORATION, AND REEMPLOYMENT

SUBCHAPTER IV - REEMPLOYMENT AFTER SERVICE WITH AN INTERNATIONAL

ORGANIZATION

.

-HEAD-

SUBCHAPTER IV - REEMPLOYMENT AFTER SERVICE WITH AN INTERNATIONAL

ORGANIZATION

-CITE-

5 USC Sec. 3581 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 35 - RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE

PAYMENTS, RESTORATION, AND REEMPLOYMENT

SUBCHAPTER IV - REEMPLOYMENT AFTER SERVICE WITH AN INTERNATIONAL

ORGANIZATION

-HEAD-

Sec. 3581. Definitions

-STATUTE-

For the purpose of this subchapter -

(1) ''agency'' means -

(A) an Executive agency;

(B) a military department; and

(C) an employing authority in the legislative branch;

(2) ''employee'' means an employee in or under an agency;

(3) ''international organization'' means a public international

organization or international-organization preparatory commission

in which the Government of the United States participates;

(4) ''transfer'' means the change of position by an employee

from an agency to an international organization; and

(5) ''reemployment'' means -

(A) the reemployment of an employee under section 3582(b) of

this title; or

(B) the reemployment of a Congressional employee within 90

days from his separation from an international organization;

following a term of employment not extending beyond the period

named by the head of the agency at the time of consent to

transfer or, in the absence of a named period, not extending

beyond the first 5 consecutive years, or any extension thereof,

after entering the employ of the international organization.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 429; Pub. L. 91-175, pt.

V, Sec. 502(b), Dec. 30, 1969, 83 Stat. 825; Pub. L. 94-183, Sec.

2(9), Dec. 31, 1975, 89 Stat. 1057.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2331. Aug. 28, 1958, Pub.

L. 85-795, Sec. 2,

72 Stat. 959.

-------------------------------

In paragraphs (1)(A) and (B), the terms ''Executive agency'' and

''military department'' are coextensive with and substituted for

''any department or agency in the executive branch of the United

States Government including independent establishments and

Government owned or controlled corporations'' in view of the

definitions in sections 105 and 102.

In paragraph (2), the word ''employee'' is substituted for ''any

civilian appointive officer or employee'' in view of the definition

of ''employee'' in section 2105. The words ''in or under an

agency'' are substituted for ''in or under the executive or the

legislative branch of the United States Government''.

The definition of ''Congressional employee'' in former section

2331(4) is omitted as unnecessary because the term ''Congressional

employee'', defined for the purpose of this title in section 2107,

is coextensive with the definition in former section 2331(4).

The definition of ''Detail'' in former section 2331(6) is omitted

from this section as inappropriate but is carried into section

3343.

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

1975 - Subsec. (5)(A). Pub. L. 94-183 substituted ''3582(b)'' for

''3582(a)''.

1969 - Par. (5). Pub. L. 91-175 substituted ''the first 5

consecutive years, or any extension thereof, after entering the

employ of the international organization'' for ''the first 3

consecutive years after entering the employ of the international

organization''.

-TRANS-

DELEGATION OF AUTHORITY

Authority of President to extend a transfer of an employee under

this section delegated to Secretary of State, see section 3 of Ex.

Ord. No. 11552, Aug. 24, 1970, 35 F.R. 13569, set out as a note

under section 3584 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3343 of this title; title

26 section 3121; title 42 section 410.

-CITE-

5 USC Sec. 3582 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 35 - RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE

PAYMENTS, RESTORATION, AND REEMPLOYMENT

SUBCHAPTER IV - REEMPLOYMENT AFTER SERVICE WITH AN INTERNATIONAL

ORGANIZATION

-HEAD-

Sec. 3582. Rights of transferring employees

-STATUTE-

(a) An employee serving under an appointment not limited to 1

year or less who transfers to an international organization with

the consent of the head of his agency is entitled -

(1) to retain coverage, rights, and benefits under any system

established by law for the retirement of employees, if necessary

employee deductions and agency contributions in payment for the

coverage, rights, and benefits for the period of employment with

the international organization are currently deposited in the

system's fund or depository; and the period during which

coverage, rights, and benefits are retained under this paragraph

is deemed creditable service under the system, except that such

service shall not be considered creditable service for the

purpose of any retirement system for transferring personnel, if

such service forms the basis, in whole or in part, for an annuity

or pension under the retirement system of the international

organization;

(2) to retain coverage, rights, and benefits under chapters 87

and 89 of this title, if necessary employee deductions and agency

contributions in payment for the coverage, rights, and benefits

for the period of employment with the international organization

are currently deposited in the Employees' Life Insurance Fund and

the Employees' Health Benefits Fund, as applicable, and the

period during which coverage, rights, and benefits are retained

under this paragraph is deemed service as an employee under

chapters 87 and 89 of this title;

(3) to retain coverage, rights, and benefits under subchapter I

of chapter 81 of this title, and for this purpose his employment

with the international organization is deemed employment by the

United States, but if he or his dependents receive from the

international organization a payment, allowance, gratuity,

payment under an insurance policy for which the premium is wholly

paid by the international organization, or other benefit of any

kind on account of the same injury or death, the amount thereof,

is credited against disability or death compensation, as the case

may be, payable under subchapter I of chapter 81 of this title;

and

(4) to elect to retain to his credit all accumulated and

current accrued annual leave to which entitled at the time of

transfer which would otherwise be liquidated by a lump-sum

payment. On his request at any time before reemployment, he

shall be paid for the annual leave retained. If he receives a

lump-sum payment and is reemployed within 6 months after

transfer, he shall refund to the agency the amount of the

lump-sum payment. This paragraph does not operate to cause a

forfeiture of retained annual leave following reemployment or to

deprive an employee of a lump-sum payment to which he would

otherwise be entitled.

(b) An employee entitled to the benefits of subsection (a) of

this section is entitled to be reemployed within 30 days of his

application for reemployment in his former position or a position

of like seniority, status, and pay in the agency from which he

transferred, if -

(1) he is separated from the international organization within

5 years, or any extension thereof, after entering on duty with

the international organization or within such shorter period as

may be named by the head of the agency at the time of consent to

transfer; and

(2) he applies for reemployment not later than 90 days after

the separation.

On reemployment, an employee entitled to the benefits of subsection

(a) is entitled to the rate of basic pay to which the employee

would have been entitled had the employee remained in the civil

service. On reemployment, the agency shall restore the sick leave

account of the employee, by credit or charge, to its status at the

time of transfer. The period of separation caused by the

employment of the employee with the international organization and

the period necessary to effect reemployment are deemed creditable

service for all appropriate civil service employment purposes.

This subsection does not apply to a congressional employee.

(c) This section applies only with respect to so much of a period

of employment with an international organization as does not exceed

5 years, or any extension thereof, or such shorter period named by

the head of the agency at the time of consent to transfer, except

that for retirement and insurance purposes this section continues

to apply during the period after separation from the international

organization in which -

(1) an employee, except a Congressional employee, is properly

exercising or could exercise the reemployment right established

by subsection (b) of this section; or

(2) a Congressional employee is effecting or could effect a

reemployment.

During that reemployment period, the employee is deemed on leave

without pay for retirement and insurance purposes.

(d) During the employee's period of service with the

international organization, the agency from which the employee is

transferred shall make contributions for retirement and insurance

purposes from the appropriations or funds of that agency so long as

contributions are made by the employee.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 430; Pub. L. 91-175, pt.

V, Sec. 502(c)-(f), Dec. 30, 1969, 83 Stat. 825, 826; Pub. L.

94-183, Sec. 2(10), Dec. 31, 1975, 89 Stat. 1057; Pub. L. 105-277,

div. G, subdiv. B, title XXV, Sec. 2504(a), Oct. 21, 1998, 112

Stat. 2681-837.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2333 (less Aug. 28, 1958, Pub.

(c)). L. 85-795 Sec. 4

(less (c)), 72

Stat. 960.

-------------------------------

In subsection (a), the words ''Notwithstanding the provisions of

any law, Executive order, or regulation'' are omitted as

unnecessary. In paragraph (2), the words ''an employee under

chapter 87 of this title'' are substituted for ''an officer or

employee of the United States''. In paragraph (4), the words

''under no circumstances'' are omitted as unnecessary.

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

1998 - Subsec. (b). Pub. L. 105-277 inserted concluding

provisions and struck out former concluding provisions which read

as follows: ''On reemployment, he is entitled to the rate of basic

pay to which he would be entitled had he remained in the civil

service. On reemployment, the agency shall restore his sick leave

account, by credit or charge, to its status at the time of

transfer. The period of separation caused by his employment with

the international organization and the period necessary to effect

reemployment are deemed creditable service for all appropriate

civil service employment purposes. On reemployment, he is entitled

to be paid, under such regulations as the President may prescribe

and from appropriations or funds of the agency from which

transferred, an amount equal to the difference between the pay,

allowances, post differential, and other monetary benefits paid by

the international organization and the pay, allowances, post

differential, and other monetary benefits that would have been paid

by the agency had he been detailed to the international

organization under section 3343 of this title. Such a payment

shall be made to an employee who is unable to exercise his

reemployment right because of disability incurred while on transfer

to an international organization under this subchapter and, in the

case of any employee who dies while on such a transfer or during

the period after separation from the international organization in

which he is properly exercising or could exercise his reemployment

right, in accordance with subchapter VIII of chapter 55 of this

title. This subsection does not apply to a congressional employee

nor may any payment provided for in the preceding two sentences of

this subsection be based on a period of employment with an

international organization occurring before the first day of the

first pay period which begins after December 29, 1969.''

1975 - Subsec. (b). Pub. L. 94-183 substituted ''after December

29, 1969'' for ''on or after the date of enactment of the Foreign

Assistance Act of 1969'' in last sentence.

1969 - Subsec. (a). Pub. L. 91-175, Sec. 502(c), inserted

provision at end of cl. (1) excepting from creditable service, for

the purpose of any retirement system, an agency employee who

transfers to an international organization, if such service forms

the basis for an annuity or pension under the retirement system of

the international organization, and, in cl. (2), inserted

references to chapter 89 and Employees' Health Benefits Fund.

Subsec. (b). Pub. L. 91-175, Sec. 502(d), struck out '', except a

Congressional employee,'' in provisions preceding cl. (1),

substituted ''5 years or any extension thereof,'' for ''3 years''

in cl. (1), and, in provisions following cl. (2), inserted

provision dealing with pay differentials to be received by former

agency employee on reemployment with agency after service with

international organization.

Subsec. (c). Pub. L. 91-175, Sec. 502(e), substituted ''5 years,

or any extension thereof,'' for ''3 years''.

Subsec. (d). Pub. L. 91-175, Sec. 502(f), made contributions for

retirement and insurance purposes mandatory by the agency from

which employee is transferred, during employee's period of service

with international organization, so long as contributions are made

by employee.

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-277, div. G, subdiv. B, title XXV, Sec. 2504(b),

Oct. 21, 1998, 112 Stat. 2681-837, provided that: ''The amendment

made by subsection (a) (amending this section) shall apply with

respect to transfers that take effect on or after the date of

enactment of this Act (Oct. 21, 1998).''

-TRANS-

DELEGATION OF AUTHORITY

Authority of President under subsec. (b) of this section

delegated to Office of Personnel Management, and authority to

define and specify pay, allowances, etc., to be paid by the agency,

delegated to Secretary of State, see section 3 of Ex. Ord. No.

11552, Aug. 24, 1970, 35 F.R. 13569, set out as a note under

section 3584 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3581, 8432c of this

title; title 22 section 6103; title 26 section 3121; title 42

section 410.

-CITE-

5 USC Sec. 3583 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 35 - RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE

PAYMENTS, RESTORATION, AND REEMPLOYMENT

SUBCHAPTER IV - REEMPLOYMENT AFTER SERVICE WITH AN INTERNATIONAL

ORGANIZATION

-HEAD-

Sec. 3583. Computations

-STATUTE-

A computation under this subchapter before reemployment is made

in the same manner as if the employee had received basic pay, or

basic pay plus additional pay in the case of a Congressional

employee, at the rate at which it would have been payable had the

employee continued in the position in which he was serving at the

time of transfer.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 431.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2333(c). Aug. 28, 1958, Pub.

L. 85-795, Sec.

4(c), 72 Stat. 961.

-------------------------------

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-CITE-

5 USC Sec. 3584 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 35 - RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE

PAYMENTS, RESTORATION, AND REEMPLOYMENT

SUBCHAPTER IV - REEMPLOYMENT AFTER SERVICE WITH AN INTERNATIONAL

ORGANIZATION

-HEAD-

Sec. 3584. Regulations

-STATUTE-

The President may prescribe regulations necessary to carry out

this subchapter and section 3343 of this title and to protect and

assure the retirement, insurance, leave, and reemployment rights

and such other similar civil service employment rights as he finds

appropriate. The regulations may provide for the exclusion of

employees from the application of this subchapter and section 3343

of this title on the basis of the nature and type of employment

including excepted appointments of a confidential or

policy-determining character, or conditions pertaining to the

employment including short-term appointments, seasonal or

intermittent employment, and part-time employment.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 431.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 2334. Aug. 28, 1958, Pub.

L. 85-795, Sec. 5,

72 Stat. 961.

-------------------------------

The words ''civil service employment rights'' are substituted for

''Federal employment rights''. The word ''including'' is

substituted for ''such as, but not limited to''.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-EXEC-

EXECUTIVE ORDER NO. 10804

Ex. Ord. No. 10804, Feb. 12, 1959, 24 F.R. 1147, which delegated

to the United States Civil Service Commission the authority vested

in the President by section 5 of the Federal Employees

International Organization Service Act (72 Stat. 961) (now this

section), was revoked by Ex. Ord. No. 11552, Aug. 24, 1970, 35 F.R.

13569, set out below.

EX. ORD. NO. 11552. PROVIDING FOR DETAILS AND TRANSFERS OF FEDERAL

EMPLOYEES TO INTERNATIONAL ORGANIZATIONS

Ex. Ord. No. 11552, Aug. 24, 1970, 35 F.R. 13569, as amended by

Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:

By virtue of the authority vested in me by section 301 of title 3

and section 3584 of title 5 (this section), United States Code, and

as President of the United States, it is ordered as follows:

Section 1. Leadership and coordination. The Secretary of State

shall provide leadership and coordination for the effort of the

Federal Government to increase and improve its participation in

international organizations through transfers and details of

well-qualified Federal employees, and shall develop policies,

procedures, and programs consistent with this order to advance and

encourage such participation.

Sec. 2. Federal agency cooperation. Each agency in the executive

branch of the Federal Government shall to the maximum extent

feasible and with due regard to its manpower requirements assist

and encourage details and transfers of employees to international

organizations by observing the following policies and procedures:

(1) Vacancies in international organizations shall be brought to

the notice of well-qualified agency employees whose abilities and

levels of responsibility in the Federal service are commensurate

with those required to fill such vacancies.

(2) Subject to prior approval of his agency, no leave shall be

charged an employee who is absent for a maximum of three days for

interview for a proposed detail or transfer at the formal request

of an international organization of a Federal official; an agency

may approve official travel for necessary travel within the United

States in connection with such an interview.

(3) An agency, upon request of an appropriate authority, shall

provide international organizations with detailed assessments of

the technical or professional qualifications of individual

employees being formally considered for details and transfers to

specific positions.

(4) Upon return of an employee to his agency, the agency shall

give due consideration to the employee's overall qualifications,

including those which may have been acquired during his service

with the international organization, in determining the position

and grade in which he is reemployed.

Sec. 3. Delegations. (a) Except as otherwise provided in this

order, there is hereby delegated to the Office of Personnel

Management the authority vested in the President by sections

3582(b) and 3584 of title 5, United States Code.

(b) The following are hereby delegated to the Secretary of State:

(1) The authority vested in the President by sections 3343 and

3581 of title 5, United States Code, to determine whether it is in

the national interest to extend a detail or transfer of an employee

beyond five years.

(2) The authority vested in the President by section 3582(b) of

title 5, United States Code, to define and specify ''pay,

allowances, post differential, and other monetary benefits'' to be

paid by the agency upon reemployment, disability, or death.

Sec. 4. Revocation. Executive Order No. 10804 of February 12,

1959, is hereby revoked.

-CITE-

5 USC SUBCHAPTER V - REMOVAL, REINSTATEMENT, AND

GUARANTEED PLACEMENT IN THE SENIOR

EXECUTIVE SERVICE 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 35 - RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE

PAYMENTS, RESTORATION, AND REEMPLOYMENT

SUBCHAPTER V - REMOVAL, REINSTATEMENT, AND GUARANTEED PLACEMENT IN

THE SENIOR EXECUTIVE SERVICE

.

-HEAD-

SUBCHAPTER V - REMOVAL, REINSTATEMENT, AND GUARANTEED PLACEMENT IN

THE SENIOR EXECUTIVE SERVICE

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 38 section 7425.

-CITE-

5 USC Sec. 3591 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 35 - RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE

PAYMENTS, RESTORATION, AND REEMPLOYMENT

SUBCHAPTER V - REMOVAL, REINSTATEMENT, AND GUARANTEED PLACEMENT IN

THE SENIOR EXECUTIVE SERVICE

-HEAD-

Sec. 3591. Definitions

-STATUTE-

For the purpose of this subchapter, ''agency'', ''Senior

Executive Service position'', ''senior executive'', ''career

appointee'', ''limited term appointee'', ''limited emergency

appointee'', ''noncareer appointee'', and ''general position'' have

the meanings set forth in section 3132(a) of this title.

-SOURCE-

(Added Pub. L. 95-454, title IV, Sec. 404(b), Oct. 13, 1978, 92

Stat. 1165.)

-MISC1-

EFFECTIVE DATE

Subchapter effective 9 months after Oct. 13, 1978, and

congressional review of provisions of sections 401 through 412 of

Pub. L. 95-454, see section 415(a)(1), (b), of Pub. L. 95-454, set

out as a note under section 3131 of this title.

-CITE-

5 USC Sec. 3592 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 35 - RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE

PAYMENTS, RESTORATION, AND REEMPLOYMENT

SUBCHAPTER V - REMOVAL, REINSTATEMENT, AND GUARANTEED PLACEMENT IN

THE SENIOR EXECUTIVE SERVICE

-HEAD-

Sec. 3592. Removal from the Senior Executive Service

-STATUTE-

(a) Except as provided in subsection (b) of this section, a

career appointee may be removed from the Senior Executive Service

to a civil service position outside of the Senior Executive Service

-

(1) during the 1-year period of probation under section 3393(d)

of this title, or

(2) at any time for less than fully successful executive

performance as determined under subchapter II of chapter 43 of

this title,

except that in the case of a removal under paragraph (2) of this

subsection the career appointee shall, at least 15 days before the

removal, be entitled, upon request, to an informal hearing before

an official designated by the Merit Systems Protection Board at

which the career appointee may appear and present arguments, but

such hearing shall not give the career appointee the right to

initiate an action with the Board under section 7701 of this title,

nor need the removal action be delayed as a result of the granting

of such hearing.

(b)(1) Except as provided in paragraph (2) of this subsection, a

career appointee in an agency may not be involuntarily removed -

(A) within 120 days after an appointment of the head of the

agency; or

(B) within 120 days after the appointment in the agency of the

career appointee's most immediate supervisor who -

(i) is a noncareer appointee; and

(ii) has the authority to remove the career appointee.

(2) Paragraph (1) of this subsection does not apply with respect

to -

(A) any removal under section 4314(b)(3) of this title; or

(B) any disciplinary action initiated before an appointment

referred to in paragraph (1) of this subsection.

(c) A limited emergency appointee, limited term appointee, or

noncareer appointee may be removed from the service at any time.

-SOURCE-

(Added Pub. L. 95-454, title IV, Sec. 404(b), Oct. 13, 1978, 92

Stat. 1165; amended Pub. L. 101-194, title V, Sec. 506(b)(3), Nov.

30, 1989, 103 Stat. 1758; Pub. L. 107-296, title XIII, Sec.

1321(a)(2)(A), Nov. 25, 2002, 116 Stat. 2297.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-296, Sec. 1321(a)(2)(A)(iv),

struck out last sentence which read as follows: ''In the case of a

removal under paragraph (3) of this subsection, the career

appointee shall have the right to appeal the removal from the

Senior Executive Service to the Merit Systems Protection Board

under section 7701.''

Subsec. (a)(1). Pub. L. 107-296, Sec. 1321(a)(2)(A)(i), inserted

''or'' at end.

Subsec. (a)(2). Pub. L. 107-296, Sec. 1321(a)(2)(A)(ii), struck

out ''or'' at end.

Subsec. (a)(3). Pub. L. 107-296, Sec. 1321(a)(2)(A)(iii), struck

out par. (3) which read as follows: ''if the career appointee is

not recertified as a senior executive under section 3393a,''.

1989 - Subsec. (a). Pub. L. 101-194, Sec. 506(b)(3)(D), inserted

at end ''In the case of a removal under paragraph (3) of this

subsection, the career appointee shall have the right to appeal the

removal from the Senior Executive Service to the Merit Systems

Protection Board under section 7701.''

Subsec. (a)(3). Pub. L. 101-194, Sec. 506(b)(3)(A)-(C), added

par. (3).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section

506(d) of Pub. L. 101-194, set out as a note under section 3151 of

this title.

SAVINGS PROVISION

Pub. L. 107-296, title XIII, Sec. 1321(b), Nov. 25, 2002, 116

Stat. 2297, provided that: ''Notwithstanding the amendments made by

subsection (a)(2)(A) (amending this section), an appeal under the

final sentence of section 3592(a) of title 5, United States Code,

that is pending on the day before the effective date of this

section (see Effective Date of 2002 Amendment note above) -

''(1) shall not abate by reason of the enactment of the

amendments made by subsection (a)(2)(A); and

''(2) shall continue as if such amendments had not been

enacted.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3151, 3393, 7542 of this

title; title 10 section 1606; title 31 section 733.

-CITE-

5 USC Sec. 3593 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 35 - RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE

PAYMENTS, RESTORATION, AND REEMPLOYMENT

SUBCHAPTER V - REMOVAL, REINSTATEMENT, AND GUARANTEED PLACEMENT IN

THE SENIOR EXECUTIVE SERVICE

-HEAD-

Sec. 3593. Reinstatement in the Senior Executive Service

-STATUTE-

(a) A former career appointee may be reinstated, without regard

to section 3393(b) and (c) of this title, to any Senior Executive

Service position for which the appointee is qualified if -

(1) the appointee has successfully completed the probationary

period established under section 3393(d) of this title; and

(2) the appointee left the Senior Executive Service for reasons

other than misconduct, neglect of duty, malfeasance, or less than

fully successful executive performance as determined under

subchapter II of chapter 43.

(b) A career appointee who is appointed by the President to any

civil service position outside the Senior Executive Service and who

leaves the position for reasons other than misconduct, neglect of

duty, or malfeasance shall be entitled to be placed in the Senior

Executive Service if the appointee applies to the Office of

Personnel Management within 90 days after separation from the

Presidential appointment.

(c)(1) A former career appointee shall be reinstated, without

regard to section 3393(b) and (c) of this title, to any vacant

Senior Executive Service position in an agency for which the

appointee is qualified if -

(A) the individual was a career appointee on May 31, 1981;

(B) the appointee was removed from the Senior Executive Service

under section 3595 of this title before October 1, 1984, due to a

reduction in force in that agency;

(C) before the removal occurred, the appointee successfully

completed the probationary period established under section

3393(d) of this title; and

(D) the appointee applies for that vacant position within one

year after the Office receives certification regarding that

appointee pursuant to section 3595(b)(3)(B) of this title.

(2) A career appointee is entitled to appeal to the Merit Systems

Protection Board under section 7701 of this title any determination

by the agency that the appointee is not qualified for a position

for which the appointee applies under paragraph (1) of this

subsection.

-SOURCE-

(Added Pub. L. 95-454, title IV, Sec. 404(b), Oct. 13, 1978, 92

Stat. 1166; amended Pub. L. 97-35, title XVII, Sec. 1704(b), Aug.

13, 1981, 95 Stat. 757; Pub. L. 98-615, title III, Sec. 303(a),

Nov. 8, 1984, 98 Stat. 3217; Pub. L. 101-194, title V, Sec.

506(b)(4), Nov. 30, 1989, 103 Stat. 1758; Pub. L. 107-296, title

XIII, Sec. 1321(a)(2)(B), Nov. 25, 2002, 116 Stat. 2297.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(2). Pub. L. 107-296 added par. (2) and struck

out former par. (2) which read as follows: ''the appointee left the

Senior Executive Service for reasons other than misconduct, neglect

of duty, malfeasance, less than fully successful executive

performance as determined under subchapter II of chapter 43 of this

title, or failure to be recertified as a senior executive under

section 3393a.''

1989 - Subsec. (a)(2). Pub. L. 101-194 struck out ''or'' after

''malfeasance,'' and inserted '', or failure to be recertified as a

senior executive under section 3393a'' before period at end.

1984 - Subsec. (c)(1)(B). Pub. L. 98-615 inserted ''before

October 1, 1984,''.

1981 - Subsec. (c). Pub. L. 97-35 added subsec. (c).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

Pub. L. 107-296, title XIII, Sec. 1321(c), Nov. 25, 2002, 116

Stat. 2297, provided that: ''The amendment made by subsection

(a)(2)(B) (amending this section) shall not apply with respect to

an individual who, before the effective date of this section (see

note above), leaves the Senior Executive Service for failure to be

recertified as a senior executive under section 3393a of title 5,

United States Code.''

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section

506(d) of Pub. L. 101-194, set out as a note under section 3151 of

this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-615 effective following expiration of

90-day period beginning on Nov. 8, 1984, see section 307 of Pub. L.

98-615, set out as a note under section 3393 of this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective June 1, 1981, with certain

exceptions and conditions, see section 1704(e) of Pub. L. 97-35,

set out as an Effective Date note under section 3595 of this title.

-CITE-

5 USC Sec. 3594 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 35 - RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE

PAYMENTS, RESTORATION, AND REEMPLOYMENT

SUBCHAPTER V - REMOVAL, REINSTATEMENT, AND GUARANTEED PLACEMENT IN

THE SENIOR EXECUTIVE SERVICE

-HEAD-

Sec. 3594. Guaranteed placement in other personnel systems

-STATUTE-

(a) A career appointee who was appointed from a civil service

position held under a career or career-conditional appointment (or

an appointment of equivalent tenure, as determined by the Office of

Personnel Management) and who, for reasons other than misconduct,

neglect of duty, or malfeasance, is removed from the Senior

Executive Service during the probationary period under section

3393(d) of this title, shall be entitled to be placed in a civil

service position (other than a Senior Executive Service position)

in any agency.

(b) A career appointee who has completed the probationary period

under section 3393(d) of this title, and who -

(1) is removed from the Senior Executive Service for less than

fully successful executive performance as determined under

subchapter II of chapter 43 of this title; or

(2) is removed from the Senior Executive Service under

paragraph (4) or (5) of section 3595(b) of this title;

shall be entitled to be placed in a civil service position (other

than a Senior Executive Service position) in any agency.

(c)(1) For purposes of subsections (a) and (b) of this section -

(A) the position in which any career appointee is placed under

such subsections shall be a continuing position at GS-15 of the

General Schedule or classified above GS-15 pursuant to section

5108, or an equivalent position, and, in the case of a career

appointee referred to in subsection (a) of this section, the

career appointee shall be entitled to an appointment of a tenure

equivalent to the tenure of the appointment held in the position

from which the career appointee was appointed;

(B) any career appointee placed under subsection (a) or (b) of

this section shall be entitled to receive basic pay at the

highest of -

(i) the rate of basic pay in effect for the position in which

placed;

(ii) the rate of basic pay in effect at the time of the

placement for the position the career appointee held in the

civil service immediately before being appointed to the Senior

Executive Service; or

(iii) the rate of basic pay in effect for the career

appointee immediately before being placed under subsection (a)

or (b) of this section; and

(C) the placement of any career appointee under subsection (a)

or (b) of this section may not be made to a position which would

cause the separation or reduction in grade of any other employee.

(2) An employee who is receiving basic pay under paragraph

(1)(B)(ii) or (iii) of this subsection is entitled to have the

basic pay rate of the employee increased by 50 percent of the

amount of each increase in the maximum rate of basic pay for the

grade of the position in which the employee is placed under

subsection (a) or (b) of this section until the rate is equal to

the rate in effect under paragraph (1)(B)(i) of this subsection for

the position in which the employee is placed.

-SOURCE-

(Added Pub. L. 95-454, title IV, Sec. 404(b), Oct. 13, 1978, 92

Stat. 1166; amended Pub. L. 98-615, title III, Sec. 303(b), Nov. 8,

1984, 98 Stat. 3217; Pub. L. 101-194, title V, Sec. 506(b)(5), Nov

30, 1989, 103 Stat. 1758; Pub. L. 101-509, title V, Sec. 529 (title

I, Sec. 101(b)(9)(E)), Nov. 5, 1990, 104 Stat. 1427, 1441; Pub. L.

102-378, Sec. 2(16), Oct. 2, 1992, 106 Stat. 1347; Pub. L. 107-296,

title XIII, Sec. 1321(a)(2)(C), Nov. 25, 2002, 116 Stat. 2297.)

-REFTEXT-

REFERENCES IN TEXT

GS-15 of the General Schedule, referred to in subsec. (c)(1)(A),

is set out under section 5332 of this title.

-MISC2-

AMENDMENTS

2002 - Subsec. (b)(1). Pub. L. 107-296, Sec. 1321(a)(2)(C)(i),

inserted ''or'' at end.

Subsec. (b)(2). Pub. L. 107-296, Sec. 1321(a)(2)(C)(ii), struck

out ''or'' at end.

Subsec. (b)(3). Pub. L. 107-296, Sec. 1321(a)(2)(C)(iii), struck

out par. (3) which read as follows: ''is removed from the Senior

Executive Service for failure to be recertified under section

3393a;''.

1992 - Subsec. (c)(1)(A). Pub. L. 102-378 substituted ''section

5108,'' for ''section 5108,,''.

1990 - Subsec. (c)(1)(A). Pub. L. 101-509 substituted ''at GS-15

of the General Schedule or classified above GS-15 pursuant to

section 5108,'' for ''at GS-15 or above of the General Schedule''.

1989 - Subsec. (b)(3). Pub. L. 101-194 added par. (3).

1984 - Subsec. (b). Pub. L. 98-615 inserted provision relating to

career appointees removed from the Senior Executive Service under

section 3595(b)(4) or (5) of this title.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-509 effective on such date as the

President shall determine, but not earlier than 90 days, and not

later than 180 days, after Nov. 5, 1990, see section 529 (title

III, Sec. 305) of Pub. L. 101-509, set out as a note under section

5301 of this title.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-194 effective Jan. 1, 1991, see section

506(d) of Pub. L. 101-194, set out as a note under section 3151 of

this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-615 effective following expiration of

90-day period beginning on Nov. 8, 1984, see section 307 of Pub. L.

98-615, set out as a note under section 3393 of this title.

-CITE-

5 USC Sec. 3595 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 35 - RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE

PAYMENTS, RESTORATION, AND REEMPLOYMENT

SUBCHAPTER V - REMOVAL, REINSTATEMENT, AND GUARANTEED PLACEMENT IN

THE SENIOR EXECUTIVE SERVICE

-HEAD-

Sec. 3595. Reduction in force in the Senior Executive Service

-STATUTE-

(a) An agency shall establish competitive procedures for

determining who shall be removed from the Senior Executive Service

in any reduction in force of career appointees within that agency.

The competitive procedures shall be designed to assure that such

determinations are primarily on the basis of performance, as

determined under subchapter II of chapter 43 of this title.

(b)(1) This subsection applies to any career appointee who has

successfully completed the probationary period prescribed under

section 3393(d) of this title.

(2) Except as provided in paragraphs (4) and (5), a career

appointee may not be removed from the Senior Executive Service due

to a reduction in force within an agency.

(3) A career appointee who, but for this subsection, would be

removed from the Senior Executive Service due to a reduction in

force within an agency -

(A) is entitled to be assigned by the head of that agency to a

vacant Senior Executive Service position for which the career

appointee is qualified; or

(B) if the agency head certifies, in writing, to the Office of

Personnel Management that no such position is available in the

agency, shall be placed by the Office in any agency in any vacant

Senior Executive Service position unless the head of that agency

determines that the career appointee is not qualified for that

position.

The Office of Personnel Management shall take all reasonable steps

to place a career appointee under subparagraph (B) and may require

any agency to take any action which the Office considers necessary

to carry out any such placement.

(4) A career appointee who is not assigned under paragraph (3)(A)

may be removed from the Senior Executive Service due to a reduction

in force if the career appointee declines a reasonable offer for

placement in a Senior Executive Service position under paragraph

(3)(B).

(5) A career appointee who is not assigned under paragraph (3)(A)

may be removed from the Senior Executive Service due to a reduction

in force if the career appointee is not placed in another Senior

Executive Service position under paragraph (3)(B) within 45 days

after the Office receives certification regarding that appointee

under paragraph (3)(B).

(c) A career appointee is entitled to appeal to the Merit Systems

Protection Board under section 7701 of this title whether the

reduction in force complies with the competitive procedures

required under subsection (a).

(d) For purposes of this section, ''reduction in force'' includes

the elimination or modification of a position due to a

reorganization, due to a lack of funds or curtailment of work, or

due to any other factor.

(e) The Office shall prescribe regulations under which the rights

accorded to a career appointee in the event of a transfer of

function are comparable to the rights accorded to a competing

employee under section 3503 of this title in the event of such a

transfer.

-SOURCE-

(Added Pub. L. 97-35, title XVII, Sec. 1704(a)(1), Aug. 13, 1981,

95 Stat. 756; amended Pub. L. 97-346, Sec. 5(a), (b), Oct. 15,

1982, 96 Stat. 1650; Pub. L. 98-615, title III, Sec. 303(c), (d),

304(b), Nov. 8, 1984, 98 Stat. 3218, 3219.)

-MISC1-

PRIOR PROVISIONS

A prior section 3595, added Pub. L. 95-454, title IV, Sec.

404(b), Oct. 13, 1978, 92 Stat. 1167, which related to prescribing

regulations, was renumbered section 3596 by Pub. L. 97-35, title

XVII, Sec. 1704(a)(1), Aug. 13, 1981, 95 Stat. 756.

AMENDMENTS

1984 - Subsec. (b)(3)(B). Pub. L. 98-615, Sec. 303(c)(1), struck

out the designation ''(i)'' before provisions relating to placement

in any agency in any vacant Executive Service position, and struck

out former cl. (ii), which had related to detailing by the Office

of Personnel Management to any vacant Senior Executive Service

position for which the Office deemed the employee to be qualified

in any agency for a period not to exceed 60 days, and placement in

such position by the Office after the period of such detail, unless

the head of the agency determined that the career appointee was not

qualified for such position.

Subsec. (b)(4). Pub. L. 98-615, Sec. 303(c)(2), struck out ''and

the civil service'' after ''removed from the Senior Executive

Service'', struck out the designation ''(A)'' before ''the career

appointee declines'', and substituted a period for the semicolon

and ''or'' at the end thereof. Former subpar. (B) redesignated

par. (5).

Subsec. (b)(5). Pub. L. 98-615, Sec. 303(c)(2), redesignated

former par. (4)(B) as (5), substituted ''A career appointee who is

not assigned under paragraph (3)(A) may be removed from the Senior

Executive Service due to a reduction in force if'' for ''subject to

paragraph (5),'', substituted ''45 days'' for ''120 days'', and

struck out former par. (5), which had provided that persons who

were career appointees as of May 31, 1981, could only be removed

from the Senior Executive Service and the civil service due to a

reduction in force after the 120-day period if the Director of the

Office of Personnel Management certified to certain Congressional

committees that the Office had taken all reasonable steps to place

the appointee but had been unable to do so due to the appointee's

highly specialized skills and experience.

Subsec. (c). Pub. L. 98-615, Sec. 303(d), struck out the

designation ''(1)'' before ''whether the reduction'', and struck

out pars. (2) and (3), which had provided, respectively, the right

to appeal any removal under subsec. (b)(4)(A) and the right to

appeal any nonappointment under subsec. (b)(3), and, in the event

of such nonappointment, whether the Office of Personnel Management

took all reasonable steps to achieve such placement and whether the

agency correctly decided under subsec. (b)(3)(B) that the career

appointee was not qualified for such placement.

Subsec. (e). Pub. L. 98-615, Sec. 304(b), added subsec. (e).

1982 - Subsec. (b)(3)(B). Pub. L. 97-346, Sec. 5(a), designated

as cl. (i) existing provisions relating to placement in any agency

in any vacant Executive Service position, and added cl. (ii).

Subsec. (c)(3). Pub. L. 97-346, Sec. 5(b), designated as subpar.

(A) existing provisions relating to taking of all reasonable steps

by Office of Personnel Management, and added subpar. (B).

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 303(c), (d) of Pub. L. 98-615 effective

following expiration of 90-day period beginning on Nov. 8, 1984,

and amendment by section 304(b) of Pub. L. 98-615 effective Nov. 8,

1984, see section 307 of Pub. L. 98-615, set out as a note under

section 3393 of this title.

EFFECTIVE DATE OF 1982 AMENDMENT

Section 5(c) of Pub. L. 97-346 provided that:

''(1) Except as provided in paragraph (2), the amendments made by

this section (amending this section) shall take effect on the date

of the enactment of this Act (Oct. 15, 1982).

''(2) The amendments made by this section (amending this section)

shall apply to an individual who is a career appointee on or after

September 30, 1982, except that any individual who is a career

appointee on September 30, 1982, and who is described in section

3595(b)(3) of title 5, United States Code, may not be removed

before December 15, 1982, due to a reduction in force, unless the

removal is under section 3595(b)(4)(A) of such title on the grounds

the individual declined a reasonable placement offer.''

EFFECTIVE DATE

Section 1704(e) of Pub. L. 97-35 provided that:

''(1) Subject to paragraph (2), the amendments made by this

section (enacting this section, redesignating former section 3595

as section 3596 of this title, and amending sections 3393, 3593,

7542, and 7543 of this title) shall be effective as of June 1,

1981.

''(2)(A) Except as provided in subparagraph (B), the amendments

made by this section shall apply to any career appointee removed

from the civil service after May 31, 1981, and before the date of

the enactment of this section (Aug. 13, 1981) if, not later than 14

days after such date of enactment, application therefor is made to

the Office of Personnel Management and to the head of the Agency in

which the appointee was employed.

''(B) The provisions of section 3595(a), as added by subsection

(a)(1), shall take effect on the date of the enactment of this Act

(Aug. 13, 1981).

''(3) The effectiveness of the amendments made by this section

shall be subject to section 415(b) of the Civil Service Reform Act

of 1978 (Pub. L. 95-454, title IV, Oct. 13, 1978, 92 Stat. 1154) (5

U.S.C. 3131 note) to the same extent and manner as the amendments

made by title IV of that Act.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3151, 3393, 3593, 3594,

6302, 7542 of this title; title 10 sections 1606, 1610; title 31

section 732; title 42 sections 616, 7237.

-CITE-

5 USC Sec. 3595a 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 35 - RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE

PAYMENTS, RESTORATION, AND REEMPLOYMENT

SUBCHAPTER V - REMOVAL, REINSTATEMENT, AND GUARANTEED PLACEMENT IN

THE SENIOR EXECUTIVE SERVICE

-HEAD-

Sec. 3595a. Furlough in the Senior Executive Service

-STATUTE-

(a) For the purposes of this section, ''furlough'' means the

placement of a senior executive in a temporary status in which the

senior executive has no duties and is not paid when the placement

in such status is by reason of insufficient work or funds or for

other nondisciplinary reasons.

(b) An agency may furlough a career appointee only in accordance

with regulations issued by the Office of Personnel Management.

(c) A career appointee who is furloughed is entitled to appeal to

the Merit Systems Protection Board under section 7701 of this

title.

-SOURCE-

(Added Pub. L. 98-615, title III, Sec. 306(c)(1), Nov. 8, 1984, 98

Stat. 3220.)

-MISC1-

EFFECTIVE DATE

Section effective following expiration of 90-day period beginning

on Nov. 8, 1984, see section 307 of Pub. L. 98-615, set out as an

Effective Date of 1984 Amendment note under section 3393 of this

title.

-CITE-

5 USC Sec. 3596 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 35 - RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE

PAYMENTS, RESTORATION, AND REEMPLOYMENT

SUBCHAPTER V - REMOVAL, REINSTATEMENT, AND GUARANTEED PLACEMENT IN

THE SENIOR EXECUTIVE SERVICE

-HEAD-

Sec. 3596. Regulations

-STATUTE-

The Office of Personnel Management shall prescribe regulations to

carry out the purpose of this subchapter.

-SOURCE-

(Added Pub. L. 95-454, title IV, Sec. 404(b), Oct. 13, 1978, 92

Stat. 1167, Sec. 3595; renumbered Sec. 3596, Pub. L. 97-35, title

XVII, Sec. 1704(a)(1), Aug. 13, 1981, 95 Stat. 756.)

-MISC1-

AMENDMENTS

1981 - Pub. L. 97-35 renumbered section 3596 of this title as

this section.

-CITE-

5 USC SUBCHAPTER VI - REEMPLOYMENT FOLLOWING LIMITED

APPOINTMENT IN THE FOREIGN SERVICE 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 35 - RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE

PAYMENTS, RESTORATION, AND REEMPLOYMENT

SUBCHAPTER VI - REEMPLOYMENT FOLLOWING LIMITED APPOINTMENT IN THE

FOREIGN SERVICE

.

-HEAD-

SUBCHAPTER VI - REEMPLOYMENT FOLLOWING LIMITED APPOINTMENT IN THE

FOREIGN SERVICE

-CITE-

5 USC Sec. 3597 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 35 - RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE

PAYMENTS, RESTORATION, AND REEMPLOYMENT

SUBCHAPTER VI - REEMPLOYMENT FOLLOWING LIMITED APPOINTMENT IN THE

FOREIGN SERVICE

-HEAD-

Sec. 3597. Reemployment following limited appointment in the

Foreign Service

-STATUTE-

An employee of any agency who accepts, with the consent of the

head of that agency, a limited appointment in the Foreign Service

under section 309 of the Foreign Service Act of 1980 is entitled,

upon the expiration of that appointment, to be reemployed in that

employee's former position or in a corresponding or higher position

in that agency. Upon reemployment under this section, an employee

shall be entitled to any within-grade increases in pay which the

employee would have received if the employee had remained in the

former position in the agency.

-SOURCE-

(Added Pub. L. 96-465, title II, Sec. 2301(a), Oct. 17, 1980, 94

Stat. 2164.)

-REFTEXT-

REFERENCES IN TEXT

Section 309 of the Foreign Service Act of 1980, referred to in

text, is classified to section 3949 of Title 22, Foreign Relations

and Intercourse.

-MISC2-

EFFECTIVE DATE

Section effective Feb. 15, 1981, except as otherwise provided,

see section 2403 of Pub. L. 96-465, set out as a note under section

3901 of Title 22, Foreign Relations and Intercourse.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 3950.

-CITE-