---
kind: "section"
citation: "5 U.S.C. § 3352"
title: "5"
title_heading: "Government Organization and Employees"
number: "3352"
heading: "Preference in transfers for employees making certain disclosures"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/3352"
units:
  - "Part III — Employees"
  - "Subpart B — Employment and Retention"
  - "Chapter 33 — Examination, Selection, and Placement"
  - "Subchapter IV — Transfers"
---

# §3352. Preference in transfers for employees making certain disclosures

- (a) Subject to the provisions of subsections [(d)](#d) and [(e)](#e), in filling a [position](/usc/5/5102.md?p=a-3) within any [Executive agency](/usc/5/6501.md?p=2), the head of such [agency](/usc/5/3132.md?p=a-1) may give preference to any [employee](/usc/5/4701.md?p=a-2) of such [agency](/usc/5/3132.md?p=a-1), or any other [Executive agency](/usc/5/6501.md?p=2), to transfer to a [position](/usc/5/5102.md?p=a-3) of the same status and tenure as the [position](/usc/5/5102.md?p=a-3) of such [employee](/usc/5/4701.md?p=a-2) on the date of applying for a transfer under [subsection (b)](#b) if—
  - (1) such [employee](/usc/5/4701.md?p=a-2) is otherwise qualified for such [position](/usc/5/5102.md?p=a-3);
  - (2) such [employee](/usc/5/4701.md?p=a-2) is [eligible](/usc/5/4701.md?p=a-3) for appointment to such [position](/usc/5/5102.md?p=a-3); and
  - (3) the Merit [Systems](/usc/5/8401.md?p=29) Protection [Board](/usc/5/8401.md?p=5) makes a determination under the provisions of [chapter 12](/usc/5/chptII/ch12.md) that a prohibited personnel action described under [section 2302(b)(8)](/usc/5/2302.md?p=b-8) was taken against such [employee](/usc/5/4701.md?p=a-2).
- (b) An [employee](/usc/5/4701.md?p=a-2) who meets the conditions described under subsection [(a)(1)](#a-1), (2), and (3) may voluntarily apply for a transfer to a [position](/usc/5/5102.md?p=a-3), as described in [subsection (a)](#a), within the [Executive agency](/usc/5/6501.md?p=2) employing such [employee](/usc/5/4701.md?p=a-2) or any other [Executive agency](/usc/5/6501.md?p=2).
- (c) If an [employee](/usc/5/4701.md?p=a-2) applies for a transfer under the provisions of [subsection (b)](#b) and the selecting official rejects such application, the selecting official shall provide the [employee](/usc/5/4701.md?p=a-2) with a written notification of the reasons for the rejection within 30 days after receiving such application.
- (d) An [employee](/usc/5/4701.md?p=a-2) whose application for transfer is rejected under the provisions of [subsection (c)](#c) may request the head of such [agency](/usc/5/3132.md?p=a-1) to review the rejection. Such request for review shall be submitted to the head of the [agency](/usc/5/3132.md?p=a-1) within 30 days after the [employee](/usc/5/4701.md?p=a-2) receives notification under [subsection (c)](#c). Within 30 days after receiving a request for review, the head of the [agency](/usc/5/3132.md?p=a-1) shall complete the review and provide a written statement of findings to the [employee](/usc/5/4701.md?p=a-2) and the Merit [Systems](/usc/5/8401.md?p=29) Protection [Board](/usc/5/8401.md?p=5).
- (e) The provisions of [subsection (a)](#a) shall apply with regard to any [employee](/usc/5/4701.md?p=a-2)—
  - (1) for no more than 1 transfer;
  - (2) for a transfer from or within the [agency](/usc/5/3132.md?p=a-1) such [employee](/usc/5/4701.md?p=a-2) is employed at the time of a determination by the Merit [Systems](/usc/5/8401.md?p=29) Protection [Board](/usc/5/8401.md?p=5) that a prohibited personnel action as described under [section 2302(b)(8)](/usc/5/2302.md?p=b-8) was taken against such [employee](/usc/5/4701.md?p=a-2); and
  - (3) no later than 18 months after such a determination is made by the Merit [Systems](/usc/5/8401.md?p=29) Protection [Board](/usc/5/8401.md?p=5).
- (f) Notwithstanding the provisions of [subsection (a)](#a), no preference may be given to any [employee](/usc/5/4701.md?p=a-2) applying for a transfer under [subsection (b)](#b), with respect to a preference [eligible](/usc/5/4701.md?p=a-3) (as defined under [section 2108(3)](/usc/5/2108.md?p=3)) applying for the same [position](/usc/5/5102.md?p=a-3).

## Source credit

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

## Notes

### 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.