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2026-07-06 09:52:37 -04:00

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LegalText 5 U.S.C. § 3352 Preference in transfers for employees making certain disclosures us united_states_code code_section 5 GOVERNMENT ORGANIZATION AND EMPLOYEES 33 EXAMINATION, SELECTION, AND PLACEMENT 3352 5 U.S.C. § 3352 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip /us/usc/t5/s3352 data/legal/raw/us/code/title-05/usc05.xml ec00dcfcab748e4ef2f8d7cd56f4bb5eaa4675be8adb41065e5ce0fdc949ea96 719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540 52d604f746b2f1096fcc537ca36d73c2c99ac8786a8ebd2bfd524321cd20ebda 2026-07-04 official
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5 U.S.C. § 3352 - Preference in transfers for employees making certain disclosures

Text

(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. 10112, § 5(a), Apr. 10, 1989, 103 Stat. 32.)

Notes

Statutory Notes and Related Subsidiaries

Effective DateSection effective 90 days following Apr. 10, 1989, see section 11 of Pub. L. 10112, set out as an Effective Date of 1989 Amendment note under section 1201 of this title.