5 USC 3581-3584 (Federal Employees International Organization Service Act)

WAIS Document RetrievalFrom the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 3, 2006]
[CITE: 5USC3581]

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

Sec. 3581. Definitions

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.

(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.)

Historical and Revision Notes
------------------------------------------------------------------------
Revised Statutes and
Derivation U.S. Code 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''.

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.

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 3, 2006]
[CITE: 5USC3582]

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

Sec. 3582. Rights of transferring employees

(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.

(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.)

Historical and Revision Notes
------------------------------------------------------------------------
Revised Statutes and
Derivation U.S. Code Statutes at Large
------------------------------------------------------------------------
5 U.S.C. 2333 (less (c)). Aug. 28, 1958, Pub.
L. 85-795 Sec. 4
(less (c)), 72 Stat.
960.
------------------------------------------------------------------------

In subsection (a), the words ``Notwithstanding the provisions of any
law, Executive order, or regulation'' are omitted as unnecessary. In
paragraph (2), the words ``an employee under chapter 87 of this title''
are substituted for ``an officer or employee of the United States''. In
paragraph (4), the words ``under no circumstances'' are omitted as
unnecessary.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.

Amendments

1998--Subsec. (b). Pub. L. 105-277 inserted concluding provisions
and struck out former concluding provisions which read as follows: ``On
reemployment, he is entitled to the rate of basic pay to which he would
be entitled had he remained in the civil service. On reemployment, the
agency shall restore his sick leave account, by credit or charge, to its
status at the time of transfer. The period of separation caused by his
employment with the international organization and the period necessary
to effect reemployment are deemed creditable service for all appropriate
civil service employment purposes. On reemployment, he is entitled to be
paid, under such regulations as the President may prescribe and from
appropriations or funds of the agency from which transferred, an amount
equal to the difference between the pay, allowances, post differential,
and other monetary benefits paid by the international organization and
the pay, allowances, post differential, and other monetary benefits that
would have been paid by the agency had he been detailed to the
international organization under section 3343 of this title. Such a
payment shall be made to an employee who is unable to exercise his
reemployment right because of disability incurred while on transfer to
an international organization under this subchapter and, in the case of
any employee who dies while on such a transfer or during the period
after separation from the international organization in which he is
properly exercising or could exercise his reemployment right, in
accordance with subchapter VIII of chapter 55 of this title. This
subsection does not apply to a congressional employee nor may any
payment provided for in the preceding two sentences of this subsection
be based on a period of employment with an international organization
occurring before the first day of the first pay period which begins
after December 29, 1969.''
1975--Subsec. (b). Pub. L. 94-183 substituted ``after December 29,
1969'' for ``on or after the date of enactment of the Foreign Assistance
Act of 1969'' in last sentence.
1969--Subsec. (a). Pub. L. 91-175, Sec. 502(c), inserted provision
at end of cl. (1) excepting from creditable service, for the purpose of
any retirement system, an agency employee who transfers to an
international organization, if such service forms the basis for an
annuity or pension under the retirement system of the international
organization, and, in cl. (2), inserted references to chapter 89 and
Employees' Health Benefits Fund.
Subsec. (b). Pub. L. 91-175, Sec. 502(d), struck out ``, except a
Congressional employee,'' in provisions preceding cl. (1), substituted
``5 years or any extension thereof,'' for ``3 years'' in cl. (1), and,
in provisions following cl. (2), inserted provision dealing with pay
differentials to be received by former agency employee on reemployment
with agency after service with international organization.
Subsec. (c). Pub. L. 91-175, Sec. 502(e), substituted ``5 years, or
any extension thereof,'' for ``3 years''.
Subsec. (d). Pub. L. 91-175, Sec. 502(f), made contributions for
retirement and insurance purposes mandatory by the agency from which
employee is transferred, during employee's period of service with
international organization, so long as contributions are made by
employee.

Effective Date of 1998 Amendment

Pub. L. 105-277, div. G, subdiv. B, title XXV, Sec. 2504(b), Oct.
21, 1998, 112 Stat. 2681-837, provided that: ``The amendment made by
subsection (a) [amending this section] shall apply with respect to
transfers that take effect on or after the date of enactment of this Act
[Oct. 21, 1998].''

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.

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 3, 2006]
[CITE: 5USC3583]

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

Sec. 3583. Computations

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.

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

Historical and Revision Notes
------------------------------------------------------------------------
Revised Statutes and
Derivation U.S. Code 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.

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 3, 2006]
[CITE: 5USC3584]

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

Sec. 3584. Regulations

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.

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

Historical and Revision Notes
------------------------------------------------------------------------
Revised Statutes and
Derivation U.S. Code 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.

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.