---
kind: "section"
citation: "5 U.S.C. § 5364"
title: "5"
title_heading: "Government Organization and Employees"
number: "5364"
heading: "Remedial actions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/5364"
units:
  - "Part III — Employees"
  - "Subpart D — Pay and Allowances"
  - "Chapter 53 — Pay Rates and Systems"
  - "Subchapter VI — Grade and Pay Retention"
---

# §5364. Remedial actions


Under regulations prescribed by the [Office](/usc/5/5402.md?p=3) of Personnel Management, the [Office](/usc/5/5402.md?p=3) may require any [agency](/usc/5/5351.md?p=1)—

- (1) to report to the [Office](/usc/5/5402.md?p=3) information with respect to vacancies (including impending vacancies);
- (2) to take such steps as may be appropriate to assure [employees](/usc/5/5361.md?p=1) receiving benefits under section [5362](/usc/5/5362.md) or [5363](/usc/5/5363.md) of this title have the opportunity to obtain necessary qualifications for the selection to [positions](/usc/5/5102.md?p=a-3) which would minimize the need for the application of such sections;
- (3) to establish a program under which [employees](/usc/5/5361.md?p=1) receiving benefits under section [5362](/usc/5/5362.md) or [5363](/usc/5/5363.md) of this title are given priority in the consideration for or placement in [positions](/usc/5/5102.md?p=a-3) which are equal to their [retained grade](/usc/5/5361.md?p=3) or [pay](/usc/5/7511.md?p=a-4); and
- (4) to place certain [employees](/usc/5/5361.md?p=1), notwithstanding the fact their previous [position](/usc/5/5102.md?p=a-3) was in a different [agency](/usc/5/5351.md?p=1), but only in circumstances in which the [Office](/usc/5/5402.md?p=3) determines the exercise of such [authority](/usc/5/7103.md?p=a-6) is necessary to carry out the purpose of this section.

## Source credit

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

## Notes

### 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.