(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.
Section effective 90 days following Apr. 10, 1989, see section 11 ofPub. L. 101–12, set out as an Effective Date of 1989 Amendment note under section
1201 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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