5 USC § 3503 - Transfer of functions

---
identifier: "/us/usc/t5/s3503"
source: "usc"
legal_status: "official_legal_evidence"
title: "5 USC § 3503 - Transfer of functions"
title_number: 5
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
section_number: "3503"
section_name: "Transfer of functions"
chapter_number: 35
chapter_name: "RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE PAYMENTS, RESTORATION, AND REEMPLOYMENT"
subchapter_number: "I"
subchapter_name: "RETENTION PREFERENCE"
part_number: "III"
part_name: "EMPLOYEES"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 429; Pub. L. 95–454, title III, § 307(f), Oct. 13, 1978, 92 Stat. 1149; Pub. L. 96–54, § 2(a)(18), Aug. 14, 1979, 93 Stat. 382.)"
---


# § 3503. Transfer of functions

**(a)** When a function is transferred from one agency to another, each competing employee in the function shall be transferred to the receiving agency for employment in a position for which he is qualified before the receiving agency may make an appointment from another source to that position.

**(b)** When one agency is replaced by another, each competing employee in the agency to be replaced shall be transferred to the replacing agency for employment in a position for which he is qualified before the replacing agency may make an appointment from another source to that position.

---

**Source Credit**: (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 429; Pub. L. 95–454, title III, § 307(f), Oct. 13, 1978, 92 Stat. 1149; Pub. L. 96–54, § 2(a)(18), Aug. 14, 1979, 93 Stat. 382.)

| Derivation | U.S. Code | Revised Statutes andStatutes at Large |
| --- | --- | --- |
|  | 5 U.S.C. 861(a) (3d proviso). | June 27, 1944, ch. 287, § 12 (3d proviso), 58 Stat. 390. |

In subsection (a), the words “a function” are substituted for “any or all of the functions”. The word “receiving” is substituted for “replacing” in the phrase “receiving agency” to avoid confusion with subsection (b).

In subsections (a) and (b), the word “first” in the phrase “shall first be transferred” is omitted as redundant in view of the subsequent limitation imposed by the words following “before”. The words “make an appointment from another source to that position” are substituted for “appoint additional employees from any other source for such position”.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

## Editorial Notes

### Amendments

1979—Subsecs. (a), (b).  substituted “competing employee” for “preference eligible employed”.

1978—Subsecs. (a), (b).  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.

## Statutory Notes and Related Subsidiaries

### Effective Date of 1979 Amendment

Amendment by  effective , see , set out as a note under .

### Effective Date of 1978 Amendment

Amendment by  effective 90 days after , see , set out as a note under .