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5 U.S.C. § 3352 — Preference in transfers for employees making certain disclosures
Federal law — U.S. Code and appendices · legal_authorities
**(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
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Source file: Laws/federal/codes/united-states-code/title-5/section-3352-preference-in-transfers-for-employees-making-certain-disclosures--83c664b19b.md
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Source location: Title 5, Chapter 33, § 3352; chapter-033-examination-selection-and-placement.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
The Merit Systems Protection Board is composed of 3 members appointed by the President, by and with the advice and consent of the Senate, not more than 2 of whom may be adherents of the same political party. The members of the Board shall be individuals who, by demonstrated ability, background, training, or experience are especially qualified to carry out the functions of the Board. No member of the Board may hold another office or position in the Government of the United States, except as otherwise provided by law or at the direction of the President. The Board shall have an official seal which shall be judicially noticed. The Board shall have its principal office in the District of Columbia and may have field offices in other appropriate locations.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1201
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Program Required.—** The Secretary of Energy shall establish a program to ensure that covered individuals may not be discharged, demoted, or otherwise discriminated against as a reprisal for making protected disclosures.
**(b) Covered Individuals.—** For purposes of this section, a covered individual is an individual who is an employee of the Department of Energy, or of a contractor of the Department, who is engaged in the defense activities of the Department.
**(c) Protected Disclosures.—** For purposes of this section, a protected disclosure is a disclosure—
(1) made by a covered individual who takes appropriate steps to protect the security of the information in accordance with guidance provided under this section;
(2) made to a person or entity specified in subsection (d); and
(3) of classified or other information that the covered individual reasonably believes to provide direct and specific evidence of any of the following:
(A) A violation of law or Federal regulation.
(B) Gross mismanagement, a gross waste of funds, or abuse of authority.
(C) A false statement to Congress on an issue of material fact.
**(d) Persons and Entities to Which Disclosures May Be Made.—** A person or entity specified in this subsection is any of the following:
(1) A member of a committee of Congress having primary responsibility for oversight of the department, agency, or element of the Government to which the disclosed information relates.
(2) An employee of Congress who is a staff member of such a committee and has an appropriate security clearance for access to information of the type disclosed.
(3) The Inspector General of the Department of Energy.
(4) The Federal Bureau of Investigation.
(5) Any other element of the Government designated by the Secretary as
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 6242
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter:
(1) **Agency** — The term “agency” has the meaning given that term in [section 551(1) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/1&num=0&edition=prelim).
(2) **Client** — The term “client” means any person or entity that employs or retains another person for financial or other compensation to conduct lobbying activities on behalf of that person or entity. A person or entity whose employees act as lobbyists on its own behalf is both a client and an employer of such employees. In the case of a coalition or association that employs or retains other persons to conduct lobbying activities, the client is the coalition or association and not its individual members.
(3) **Covered executive branch official** — The term “covered executive branch official” means—
(A) the President;
(B) the Vice President;
(C) any officer or employee, or any other individual functioning in the capacity of such an officer or employee, in the Executive Office of the President;
(D) any officer or employee serving in a position in level I, II, III, IV, or V of the Executive Schedule, as designated by statute or Executive order;
(E) any member of the uniformed services whose pay grade is at or above O–7 under [section 201 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section201&num=0&edition=prelim); and
(F) any officer or employee serving in a position of a confidential, policy-determining, policy-making, or policy-advocating character described in [section 7511(b)(2)(B) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7511/b/2/B&num=0&edition=prelim).
(4) **Covered legislative branch official** — The term “covered legislative branch of
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Federal law — U.S. Code and appendices · legal_authorities
Page 426
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 3349e
1 See References in Text note below.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective 30 days after Oct. 21, 1998, and appli-
cable to any office that becomes vacant after such ef-
fective date, with certain exceptions, see section 151(d)
of Pub. L. 105–277, set out as a note under section 3345
of this title.
§ 3349e. Presidential explanation of failure to
nominate an inspector general
If the President fails to make a formal nomi-
nation for a vacant inspector general position
that requires a formal nomination by the Presi-
dent to be filled within the period beginning on
the later of the date on which the vacancy oc-
curred or on which a nomination is rejected,
withdrawn, or returned, and ending on the day
that is 210 days after that date, the President
shall communicate, within 30 days after the end
of such period and not later than June 1 of each
year thereafter, to the appropriate congres-
sional committees, as defined in section 12 of
the Inspector General Act of 1978 (5 U.S.C.
App.) 1—
(1) the reasons why the President has not
yet made a formal nomination; and
(2) a target date for making a formal nomi-
nation.
(Added Pub. L. 117–263, div. E, title LII, § 5221(a),
Dec. 23, 2022, 136 Stat. 3234.)
Editorial Notes
REFERENCES IN TEXT
Section 12 of the Inspector General Act of 1978, re-
ferred to in text, is section 12 of Pub. L. 95–452, which
was set out in the Appendix to this title and was re-
pealed and restated as section 401 of this title by Pub.
L. 117–286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat. 4207, 4361. For
definition of ‘‘appropriate congressional committees’’,
see Amendments Not Shown in Text note set out under
section 401 of this title.
Statu
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