V PUBLIC LAW 101-12 —APR. 10, 1989 103 STAT. 33 "(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 notifica- \ tion 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
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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 t "(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 pref- erence 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.". (b) TECHNICAL AMENDMENT. —The table of sections for chapter 33 of title 5, United States Code, is amended by inserting after the item relating to section 3351 the following: c ^^. "3352. Preference in transfers for employees making certain disclosures.". .^ SEC. 6. INTERIM RELIEF. Section 7701 of title 5, United States Code, is amended— (1) by redesignating subsection (b) as paragraph (1) of subsec- tion (b); and (2) by adding at the end thereof the following new paragraph: "(2)(A) If an employee or applicant for employment is the prevailing party in an appeal under this subsection, the em- „^,., ployee or applicant shall be granted the relief provided in the decision effective upon the making of the decision, and remain- f ing in effect pending the outcome of any petition for review under subsection (e), unless— "(i) the deciding official determines that the granting of j^ such relief is not appropriate; or '} "(iiXD the relief granted in the decision provides that such employee or applicant shall return or be present at the place of employment during the period pending the out- come of any petition for review under subsection (e); and "(II) the employing agency, subject to the provisions of subparagraph (B), determines that the return or presence of such employee or applicant is unduly disruptive to the work environment. "(B) If an agency makes a determination under subparagraph (A)(iiXII) that prevents the return or presence of an employee at the place of employment, such employee shall receive pay, compensation, and all other benefits as terms and conditions of •;.^ ^
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