Title 5 — Government Organization and EmployeesRelease 119-73

§5364 Remedial actions

Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart D— - Pay and Allowances › Chapter CHAPTER 53— - PAY RATES AND SYSTEMS › Subchapter SUBCHAPTER VI— - GRADE AND PAY RETENTION › § 5364

Last updated Apr 6, 2026|Official source

Summary

Under rules made by the Office of Personnel Management, the Office may require any agency to report vacancies; help employees getting benefits under sections 5362 or 5363 gain necessary qualifications; give those employees priority for jobs equal to their retained grade or pay; and, when the Office finds it necessary, place certain employees in other agencies.

Full Legal Text

Title 5, §5364

Government Organization and Employees — Source: USLM XML via OLRC

Under regulations prescribed by the Office of Personnel Management, the Office may require any agency—

(1)to report to the Office information with respect to vacancies (including impending vacancies);

(2)to take such steps as may be appropriate to assure employees receiving benefits under section 5362 or 5363 of this title have the opportunity to obtain necessary qualifications for the selection to positions which would minimize the need for the application of such sections;

(3)to establish a program under which employees receiving benefits under section 5362 or 5363 of this title are given priority in the consideration for or placement in positions which are equal to their retained grade or pay; and

(4)to place certain employees, notwithstanding the fact their previous position was in a different agency, but only in circumstances in which the Office determines the exercise of such authority is necessary to carry out the purpose of this section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 5364, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 473, which related to miscellaneous positions in the executive branch, was renumbered section 5374 of this title by Pub. L. 95–454, title VIII, § 801(a)(3)(A)(ii), Oct. 13, 1978, 92 Stat. 1221.

Reference

Citations & Metadata

Citation

5 U.S.C. § 5364

Title 5 — Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73