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5 U.S.C. § 3362 — Promotion; effect of incentive award

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5 U.S.C. § 3362 — Promotion; effect of incentive award

An agency, in qualifying and selecting an employee for promotion, shall give due weight to an incentive award under chapter 45 of this title. For the purpose of this section, “agency” and “employee” have the meanings given them by [section 4501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4501&num=0&edition=prelim).

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Source file: Laws/federal/codes/united-states-code/title-5/section-3362-promotion-effect-of-incentive-award--ac9343bbc0.md
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Source location: Title 5, Chapter 33, § 3362; chapter-033-examination-selection-and-placement.md

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 4501 — Definitions

For the purpose of this subchapter— (1) “agency” means— (A) an Executive agency; (B) the Library of Congress; (C) the Office of the Architect of the Capitol; (D) the Botanic Garden; (E) the Government Publishing Office; (F) the government of the District of Columbia; and (G) the United States Sentencing Commission; but does not include— (i) the Tennessee Valley Authority; or (ii) the Central Bank for Cooperatives; (2) “employee” means— (A) an employee as defined by section 2105; and (B) an individual employed by the government of the District of Columbia; and (3) “Government” means the Government of the United States and the government of the District of Columbia.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3362 — Promotion; effect of incentive award

Page 427 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3363 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 writ- ten 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 receiv- ing 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 de- termination 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 de- termination is made by the Merit Systems Protection Board. (f) Notwithstanding the provisions of sub- section (a), no preference may be given to any employee applying for a transfer under sub- section (b), with respect to a preference eligible (as defined under section 2108(3)) applying for the same position. (Added Pub. L. 101–12, § 5(a), Apr. 10, 1989, 103 Stat. 32.) Statutory

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