5 U.S.C. § 5364

Remedial actions

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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.(Added Pub. L. 95–454, title VIII, § 801(a)(1), Oct. 13, 1978, 92 Stat. 1220.)Editorial NotesPrior 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.

Notes of Decisions

Cited in 1 case, 2009–2009 · leading case: Benn v. Merit Sys. Prot. Bd., 322 F. App'x 986 (Fed. Cir. 2009).

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Benn v. Merit Sys. Prot. Bd., 322 F. App'x 986 (Fed. Cir. 2009). · cites it 4× “On March 24, 2008, Benn appealed to the Board, alleging that he was reduced in grade as a result of the agency’s failure to comply with 5 U.S.C. § 5364 , which he argued entitled him to priority placement in a position at the same or higher grade than the one previously held.”

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