§3352 — Title 5 Government Organization and Employees | U.S. Code

Summary

Agency heads may let an employee move into a job in the same civil-service rank and job security if three things are true: the employee is qualified for the job, the employee can be appointed to it, and the Merit Systems Protection Board finds that a prohibited personnel action under section 2302(b)(8) was taken against the employee. The employee can apply for such a transfer within their agency or to another Executive agency. If the hiring official rejects the request, they must give written reasons within 30 days. The employee can ask the agency head to review that rejection within 30 days of getting the notice. The agency head must finish the review and send written findings to the employee and the Board within 30 days. The transfer preference can be used only once, must be for a move from or inside the agency the employee was in when the Board decided, must be used within 18 months of that decision, and cannot be used to jump ahead of someone entitled to veteran preference.

Title 5, §3352

Government Organization and Employees — Source: USLM XML via OLRC

(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.

Statutory Notes and Related Subsidiaries

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.

§3352 Preference in Transfers for Employees Making Certain Disclosures

Summary

Title 5, §3352

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata