-CITE-
    5 USC CHAPTER 35 - RETENTION PREFERENCE, VOLUNTARY
           SEPARATION INCENTIVE PAYMENTS, RESTORATION,
           AND REEMPLOYMENT                                01/03/2007

-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.                                     

    SUBCHAPTER VII - RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THE
                      FEDERAL BUREAU OF INVESTIGATION
    3598.(!1)   Federal Bureau of Investigation reserve service.(!2)    
    3598.(!1)   Federal Bureau of Investigation Reserve Service.      

                                AMENDMENTS                            
      2004 - Pub. L. 108-447, div. B, title I, Sec. 114(b), Dec. 8,
    2004, 118 Stat. 2869, and Pub. L. 108-458, title II, Sec. 2004(b),
    Dec. 17, 2004, 118 Stat. 3704, amended analysis identically, adding
    item for subchapter VII.
      Pub. L. 108-458, title II, Sec. 2004(b), Dec. 17, 2004, 118 Stat.
    3704, added item 3598, set out second.
      Pub. L. 108-447, div. B, title I, Sec. 114(b), Dec. 8, 2004, 118
    Stat. 2869, added item 3598, set out first.
      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.

-FOOTNOTE-
    (!1) So in original. Two sections "3598" have been enacted.

    (!2) So in original. Does not conform to section catchline.


-End-


-CITE-
    5 USC SUBCHAPTER I - RETENTION PREFERENCE                   01/03/2007

-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                

-End-



-CITE-
    5 USC Sec. 3501                                             01/03/2007

-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. L.      
                     applicable to 5          88-448, Sec. 101 (as       
                     U.S.C. 861).             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.

-End-



-CITE-
    5 USC Sec. 3502                                             01/03/2007

-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, 2010.

-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,
    Secs. 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; Pub. L. 109-163, div. A,
    title XI, Sec. 1102, Jan. 6, 2006, 119 Stat. 3447.)

-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. 287,     
                     (less 2d and 3d          Sec. 12 (less 2d and 3d    
                     provisos), (c).          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. 287,     
                     proviso).                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                            
      2006 - Subsec. (f)(5). Pub. L. 109-163 substituted "September 30,
    2010" for "September 30, 2005".
      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.


-MISC3-
      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, as amended by Pub. L. 108-271, Sec. 8(b), July 7, 2004,
    118 Stat. 814, 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 Government Accountability 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, as amended by Ex.
    Ord. No. 13415, Sec. 2(b), Dec. 1, 2006, 71 F.R. 70641, 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. This order shall be effective immediately.

-End-



-CITE-
    5 USC Sec. 3503                                             01/03/2007

-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. 287,     
                     proviso).                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.

-End-



-CITE-
    5 USC Sec. 3504                                             01/03/2007

-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. 287,     
                     sentences, so much       Sec. 5 (1st 2 sentences, so
                     as relates to            much as relates to         
                     retention).              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.

-End-


-CITE-
    5 USC SUBCHAPTER II - VOLUNTARY SEPARATION INCENTIVE
           PAYMENTS                                        01/03/2007

-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, Secs. 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.

-End-



-CITE-
    5 USC Sec. 3521                                             01/03/2007

-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]."

                     SMITHSONIAN INSTITUTION EMPLOYEES                 
      Pub. L. 108-72, Sec. 5, Aug. 15, 2003, 117 Stat. 889, provided
    that: "The Secretary of the Smithsonian Institution may establish a
    program for making voluntary separation incentive payments for
    employees of the Smithsonian Institution which is substantially
    similar to the program established under subchapter II of chapter
    35 of title 5, United States Code (as added by section 1313(a) of
    the Homeland Security Act of 2002 [Pub. L. 107-296])."

                         JUDICIAL BRANCH EMPLOYEES                     
      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."

-End-



-CITE-
    5 USC Sec. 3522                                             01/03/2007

-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 (!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 (!2) of the
    Office of Personnel Management.



-SOURCE-
    (Added Pub. L. 107-296, title XIII, Sec. 1313(a)(1)(A), Nov. 25,
    2002, 116 Stat. 2292.)

-FOOTNOTE-
    (!1) So in original. Probably should be "and".

    (!2) So in original. Probably should be "Director".


-End-



-CITE-
    5 USC Sec. 3523                                             01/03/2007

-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 (!1) separation; and

        (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.)

-FOOTNOTE-
    (!1) So in original.


-End-



-CITE-
    5 USC Sec. 3524                                             01/03/2007

-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 (!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.

      (c)(1) If the employment under this section is with an agency,
    other than the Government Accountability Office, the United States
    Postal Service, or the Postal Regulatory Commission, the Director
    of the Office of Personnel Management may, at the request of the
    head of the agency, may (!2) waive the repayment if - 

        (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; amended Pub. L. 108-271, Sec. 8(b), July 7,
    2004, 118 Stat. 814; Pub. L. 109-435, title VI, Sec. 604(f), Dec.
    20, 2006, 120 Stat. 3242.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (c)(1). Pub. L. 109-435 substituted "Postal
    Regulatory Commission" for "Postal Rate Commission" in introductory
    provisions.
      2004 - Subsec. (c)(1). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office" in
    introductory provisions.

-FOOTNOTE-
    (!1) So in original. Probably should be "within".

    (!2) So in original.


-End-



-CITE-
    5 USC Sec. 3525                                             01/03/2007

-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, Secs. 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.

-End-


-CITE-
    5 USC SUBCHAPTER III - REINSTATEMENT OR RESTORATION AFTER
           SUSPENSION OR REMOVAL FOR NATIONAL SECURITY     01/03/2007

-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

-End-



-CITE-
    5 USC Sec. 3571                                             01/03/2007

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

-End-


-CITE-
    5 USC SUBCHAPTER IV - REEMPLOYMENT AFTER SERVICE WITH AN
           INTERNATIONAL ORGANIZATION                      01/03/2007

-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

-End-



-CITE-
    5 USC Sec. 3581                                             01/03/2007

-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.

-End-



-CITE-
    5 USC Sec. 3582                                             01/03/2007

-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. L.      
                     (c)).                    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.

-End-



-CITE-
    5 USC Sec. 3583                                             01/03/2007

-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.

-End-



-CITE-
    5 USC Sec. 3584                                             01/03/2007

-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.

-End-


-CITE-
    5 USC SUBCHAPTER V - REMOVAL, REINSTATEMENT, AND
           GUARANTEED PLACEMENT IN THE SENIOR EXECUTIVE
           SERVICE                                         01/03/2007

-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

-End-



-CITE-
    5 USC Sec. 3591                                             01/03/2007

-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.

-End-



-CITE-
    5 USC Sec. 3592                                             01/03/2007

-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."

-End-



-CITE-
    5 USC Sec. 3593                                             01/03/2007

-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.

-End-



-CITE-
    5 USC Sec. 3594                                             01/03/2007

-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.


-MISC1-
                                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.

-End-



-CITE-
    5 USC Sec. 3595                                             01/03/2007

-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, Secs. 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."

-End-



-CITE-
    5 USC Sec. 3595a                                            01/03/2007

-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.

-End-



-CITE-
    5 USC Sec. 3596                                             01/03/2007

-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.

-End-


-CITE-
    5 USC SUBCHAPTER VI - REEMPLOYMENT FOLLOWING LIMITED
           APPOINTMENT IN THE FOREIGN SERVICE              01/03/2007

-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

-End-



-CITE-
    5 USC Sec. 3597                                             01/03/2007

-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.


-MISC1-
                              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.

-End-


-CITE-
    5 USC SUBCHAPTER VII - RETENTION OF RETIRED SPECIALIZED
           EMPLOYEES AT THE FEDERAL BUREAU OF
           INVESTIGATION                                   01/03/2007

-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 VII - RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THE
           FEDERAL BUREAU OF INVESTIGATION               

-HEAD-
    SUBCHAPTER VII - RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THE
                      FEDERAL BUREAU OF INVESTIGATION

-COD-
                               CODIFICATION                           
      Pub. L. 108-447, div. B, title I, Sec. 114(a), Dec. 8, 2004, 118
    Stat. 2869, and Pub. L. 108-458, title II, Sec. 2004(a), Dec. 17,
    2004, 118 Stat. 3704, amended chapter identically adding subchapter
    VII heading.

-End-



-CITE-
    5 USC Sec. 3598                                             01/03/2007

-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 VII - RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THE
           FEDERAL BUREAU OF INVESTIGATION               

-HEAD-
    Sec. 3598.(!1) Federal Bureau of Investigation Reserve Service

-STATUTE-


-STATUTE-
      (a) Establishment. - The Director of the Federal Bureau of
    Investigation may provide for the establishment and training of a
    Federal Bureau of Investigation Reserve Service (hereinafter in
    this section referred to as the "FBI Reserve Service") for
    temporary reemployment of employees in the Bureau during periods of
    emergency, as determined by the Director.
      (b) Membership. - Membership in the FBI Reserve Service shall be
    limited to individuals who previously served as full-time employees
    of the Bureau.
      (c) Annuitants. - If an annuitant receiving an annuity from the
    Civil Service Retirement and Disability Fund becomes temporarily
    reemployed pursuant to this section, such annuity shall not be
    discontinued thereby. An annuitant so reemployed shall not be
    considered an employee for the purposes of chapter 83 or 84.
      (d) No Impact on Bureau Personnel Ceiling. - FBI Reserve Service
    members reemployed on a temporary basis pursuant to this section
    shall not count against any personnel ceiling applicable to the
    Bureau.
      (e) Expenses. - The Director may provide members of the FBI
    Reserve Service transportation and per diem in lieu of subsistence,
    in accordance with applicable provisions of this title, for the
    purpose of participating in any training that relates to service as
    a member of the FBI Reserve Service.
      (f) Limitation on Membership. - Membership of the FBI Reserve
    Service is not to exceed 500 members at any given time.

-SOURCE-
    (Added Pub. L. 108-447, div. B, title I, Sec. 114(a), Dec. 8, 2004,
    118 Stat. 2869.)

-FOOTNOTE-
    (!1) Another section 3598 is set out after this section.


-End-



-CITE-
    5 USC Sec. 3598                                             01/03/2007

-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 VII - RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THE
           FEDERAL BUREAU OF INVESTIGATION               

-HEAD-
    Sec. 3598.(!1) Federal Bureau of Investigation Reserve Service

-STATUTE-


-STATUTE-
      (a) Establishment. - The Director of the Federal Bureau of
    Investigation may provide for the establishment and training of a
    Federal Bureau of Investigation Reserve Service (hereinafter in
    this section referred to as the "FBI Reserve Service") for
    temporary reemployment of employees in the Bureau during periods of
    emergency, as determined by the Director.
      (b) Membership. - Membership in the FBI Reserve Service shall be
    limited to individuals who previously served as full-time employees
    of the Bureau.
      (c) Annuitants. - If an individual receiving an annuity from the
    Civil Service Retirement and Disability Fund on the basis of such
    individual's service becomes temporarily reemployed pursuant to
    this section, such annuity shall not be discontinued thereby. An
    individual so reemployed shall not be considered an employee for
    the purposes of chapter 83 or 84.
      (d) No Impact on Bureau Personnel Ceiling. - FBI Reserve Service
    members reemployed on a temporary basis pursuant to this section
    shall not count against any personnel ceiling applicable to the
    Bureau.
      (e) Expenses. - The Director may provide members of the FBI
    Reserve Service transportation and per diem in lieu of subsistence,
    in accordance with applicable provisions of this title, for the
    purpose of participating in any training that relates to service as
    a member of the FBI Reserve Service.
      (f) Limitation on Membership. - Membership of the FBI Reserve
    Service is not to exceed 500 members at any given time.
      (g) Limitation on Duration of Service. - An individual may not be
    reemployed under this section for more than 180 days in connection
    with any particular emergency unless, in the judgment of the
    Director, the public interest so requires.

-SOURCE-
    (Added Pub. L. 108-458, title II, Sec. 2004(a), Dec. 17, 2004, 118
    Stat. 3703.)

-FOOTNOTE-
    (!1) Another section 3598 is set out preceding this section.


-End-