103 STAT. 32 PUBLIC LAW 101-12 —APR. 10, 1989 "SUBCHAPTER I—MERIT SYSTEMS PROTECTION BOARD". SEC. 4. REPRISALS. (a) AMENDMENTS TO SECTION 2302(b)(8).— Section 2302(b)(8) of title 5, United States Code, is amended— (1) by inserting ", or threaten to take or fail to take," after "take or fail to take"; (2) by striking out "as a reprisal for" and inserting in lieu thereof "because of; (3) in subparagraph (A) by striking out "a disclosure" and inserting in lieu thereof "any disclosure"; (4) in subparagraph (A)(ii) by inserting "gross" before "mis- management"; (5) in subparagraph (B) by striking out "a disclosure" and inserting in lieu thereof "any disclosure"; and (6) in subparagraph (B)(ii) by inserting "gross" before "mis- management". (b) AMENDMENT TO SECTION 230203)(9).—Section 2302(b)(9) of title 5, United States Code, is amended to read as follows: "(9) take or fail to take, or threaten to take or fail to take, any personnel action against any employee or applicant for employ- ment because of— "(A) the exercise of any appeal, complaint, or grievance right granted by any law, rule, or regulation; "(B) testifying for or otherwise lawfully assisting any individual in the exercise of any right referred to in subparagraph (A); "(C) cooperating with or disclosing information to the _^ ^ Inspector General of an agency, or the Special Counsel, in ^ r:^ accordance with applicable provisions of law; or "(D) for refusing to obey an order that would require the individual to violate a law;", SEC. 5. PREFERENCE IN TRANSFERS FOR WHISTLEBLOWERS. (a) IN GENERAL.— Subchapter IV of chapter 33 of title 5, United States Code, is amended by adding at the end thereof the following new section: "§ 3352. Preference in transfers for employees making certain disclosures V "(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 posi- tion; and "(3) the Merit Systems Protection Board makes a determina- tion under the provisions of chapter 12 that a prohibited person- nel 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.
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