
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC3352]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart B--Employment and Retention
 
            CHAPTER 33--EXAMINATION, SELECTION, AND PLACEMENT
 
                        SUBCHAPTER IV--TRANSFERS
 
Sec. 3352. Preference in transfers for employees making certain 
        disclosures
        
    (a) Subject to the provisions of subsections (d) and (e), in filling 
a position within any Executive agency, the head of such agency may give 
preference to any employee of such agency, or any other Executive 
agency, to transfer to a position of the same status and tenure as the 
position of such employee on the date of applying for a transfer under 
subsection (b) if--
        (1) such employee is otherwise qualified for such position;
        (2) such employee is eligible for appointment to such position; 
    and
        (3) the Merit Systems Protection Board makes a determination 
    under the provisions of chapter 12 that a prohibited personnel 
    action described under section 2302(b)(8) was taken against such 
    employee.

    (b) An employee who meets the conditions described under subsection 
(a)(1), (2), and (3) may voluntarily apply for a transfer to a position, 
as described in subsection (a), within the Executive agency employing 
such employee or any other Executive agency.
    (c) If an employee applies for a transfer under the provisions of 
subsection (b) and the selecting official rejects such application, the 
selecting official shall provide the employee with a written 
notification of the reasons for the rejection within 30 days after 
receiving such application.
    (d) An employee whose application for transfer is rejected under the 
provisions of subsection (c) may request the head of such agency to 
review the rejection. Such request for review shall be submitted to the 
head of the agency within 30 days after the employee receives 
notification under subsection (c). Within 30 days after receiving a 
request for review, the head of the agency shall complete the review and 
provide a written statement of findings to the employee and the Merit 
Systems Protection Board.
    (e) The provisions of subsection (a) shall apply with regard to any 
employee--
        (1) for no more than 1 transfer;
        (2) for a transfer from or within the agency such employee is 
    employed at the time of a determination by the Merit Systems 
    Protection Board that a prohibited personnel action as described 
    under section 2302(b)(8) was taken against such employee; and
        (3) no later than 18 months after such a determination is made 
    by the Merit Systems Protection Board.

    (f) Notwithstanding the provisions of subsection (a), no preference 
may be given to any employee applying for a transfer under subsection 
(b), with respect to a preference eligible (as defined under section 
2108(3)) applying for the same position.

(Added Pub. L. 101-12, Sec. 5(a), Apr. 10, 1989, 103 Stat. 32.)


                             Effective Date

    Section effective 90 days following Apr. 10, 1989, see section 11 of 
Pub. L. 101-12, set out as an Effective Date of 1989 Amendment note 
under section 1201 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 2302 of this title.
