[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3586 Engrossed in House (EH)]


  2d Session

                               H. R. 3586

_______________________________________________________________________

                                 AN ACT

     To amend title 5, United States Code, to strengthen veterans' 
preference, to increase employment opportunities for veterans, and for 
                            other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
104th CONGRESS
  2d Session
                                H. R. 3586

_______________________________________________________________________

                                 AN ACT


 
     To amend title 5, United States Code, to strengthen veterans' 
preference, to increase employment opportunities for veterans, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Employment Opportunities 
Act of 1996''.

SEC. 2. EQUAL ACCESS FOR VETERANS.

    (a) Competitive Service.--Section 3304 of title 5, United States 
Code, is amended by adding at the end the following:
    ``(f)(1) No preference eligible, and no individual (other than a 
preference eligible) who has been separated from the armed forces under 
honorable conditions after 3 or more years of active service, shall be 
denied the opportunity to compete for an announced vacant position 
within an agency, in the competitive service or the excepted service, 
by reason of--
            ``(A) not having acquired competitive status; or
            ``(B) not being an employee of such agency.
    ``(2) Nothing in this subsection shall prevent an agency from 
filling a vacant position (whether by appointment or otherwise) solely 
from individuals on a priority placement list consisting of individuals 
who have been separated from the agency due to a reduction in force and 
surplus employees (as defined under regulations prescribed by the 
Office).''.
    (b) Civil Service Employment Information.--
            (1) Vacant positions.--Section 3327(b) of title 5, United 
        States Code, is amended by striking ``and'' at the end of 
        paragraph (1), by redesignating paragraph (2) as paragraph (3), 
        and by inserting after paragraph (1) the following:
            ``(2) each vacant position in the agency for which 
        competition is restricted to individuals having competitive 
        status or employees of such agency, excluding any position 
        under paragraph (1), and''.
            (2) Additional information.--Section 3327 of title 5, 
        United States Code, is amended by adding at the end the 
        following:
    ``(c) Any notification provided under this section shall, for all 
positions under subsection (b)(1) as to which section 3304(f) applies 
and for all positions under subsection (b)(2), include a notation as to 
the applicability of section 3304(f) with respect thereto.
    ``(d) In consultation with the Secretary of Labor, the Office shall 
submit to Congress and the President, no less frequently than every 2 
years, a report detailing, with respect to the period covered by such 
report--
            ``(1) the number of positions listed under this section 
        during such period;
            ``(2) the number of preference eligibles and other 
        individuals described in section 3304(f)(1) referred to such 
        positions during such period; and
            ``(3) the number of preference eligibles and other 
        individuals described in section 3304(f)(1) appointed to such 
        positions during such period.''.
    (c) Governmentwide Lists.--
            (1) Vacant positions.--Section 3330(b) of title 5, United 
        States Code, is amended to read as follows:
    ``(b) The Office of Personnel Management shall cause to be 
established and kept current--
            ``(1) a comprehensive list of all announcements of vacant 
        positions (in the competitive service and the excepted service, 
        respectively) within each agency that are to be filled by 
        appointment for more than 1 year and for which applications are 
        being or will soon be accepted from outside the agency's work 
        force; and
            ``(2) a comprehensive list of all announcements of vacant 
        positions within each agency for which applications are being 
        or will soon be accepted and for which competition is 
        restricted to individuals having competitive status or 
        employees of such agency, excluding any position required to be 
        listed under paragraph (1).''.
            (2) Additional information.--Section 3330(c) of title 5, 
        United States Code, is amended by striking ``and'' at the end 
        of paragraph (2), by redesignating paragraph (3) as paragraph 
        (4), and by inserting after paragraph (2) the following:
            ``(3) for all positions under subsection (b)(1) as to which 
        section 3304(f) applies and for all positions under subsection 
        (b)(2), a notation as to the applicability of section 3304(f) 
        with respect thereto; and''.
            (3) Conforming amendment.--Section 3330(d) of title 5, 
        United States Code, is amended by striking ``The list'' and 
        inserting ``Each list under subsection (b)''.

SEC. 3. SPECIAL PROTECTIONS FOR PREFERENCE ELIGIBLES IN REDUCTIONS IN 
              FORCE.

    Section 3502 of title 5, United States Code, as amended by section 
1034 of the National Defense Authorization Act for Fiscal Year 1996 
(Public Law 104-106; 110 Stat. 430), is amended by adding at the end 
the following:
    ``(g)(1) A position occupied by a preference eligible shall not be 
placed in a single-position competitive level if the preference 
eligible is qualified to perform the essential functions of any other 
position at the same grade (or occupational level) in the competitive 
area. In such cases, the preference eligible shall be entitled to be 
placed in another competitive level for which such preference eligible 
is qualified. If the preference eligible is qualified for more than one 
competitive level, such preference eligible shall be placed in the 
competitive level containing the most positions.
    ``(2) For purposes of paragraph (1)--
            ``(A) a preference eligible shall be considered qualified 
        to perform the essential functions of a position if, by reason 
        of experience, training, or education (and, in the case of a 
        disabled veteran, with reasonable accommodation), a reasonable 
        person could conclude that the preference eligible would be 
        able to perform those functions successfully within a period of 
        150 days; and
            ``(B) a preference eligible shall not be considered 
        unqualified solely because such preference eligible does not 
        meet the minimum qualification requirements relating to 
        previous experience in a specified grade (or occupational 
        level), if any, that are established for such position by the 
        Office of Personnel Management or the agency.
    ``(h) In connection with any reduction in force, a preference 
eligible whose current or most recent performance rating is at least 
fully successful (or the equivalent) shall have, in addition to such 
assignment rights as are prescribed by regulation, the right, in lieu 
of separation, to be assigned to any position within the agency 
conducting the reduction in force--
            ``(1) for which such preference eligible is qualified under 
        subsection (g)(2)--
                    ``(A) that is within the preference eligible's 
                commuting area and at the same grade (or occupational 
                level) as the position from which the preference 
                eligible was released, and that is then occupied by an 
                individual, other than another preference eligible, who 
                was placed in such position (whether by appointment or 
                otherwise) within 6 months before the reduction in 
                force if, within 12 months prior to the date on which 
                such individual was so placed in such position, such 
                individual had been employed in the same competitive 
                area as the preference eligible; or
                    ``(B) that is within the preference eligible's 
                competitive area and that is then occupied by an 
                individual, other than another preference eligible, who 
                was placed in such position (whether by appointment or 
                otherwise) within 6 months before the reduction in 
                force; or
            ``(2) for which such preference eligible is qualified that 
        is within the preference eligible's competitive area and that 
        is not more than 3 grades (or pay levels) below that of the 
        position from which the preference eligible was released, 
        except that, in the case of a preference eligible with a 
compensable service-connected disability of 30 percent or more, this 
paragraph shall be applied by substituting `5 grades' for `3 grades'.
In the event that a preference eligible is entitled to assignment to 
more than 1 position under this subsection, the agency shall assign the 
preference eligible to any such position requiring no reduction (or, if 
there is no such position, the least reduction) in basic pay. A 
position shall not, with respect to a preference eligible, be 
considered to satisfy the requirements of paragraph (1) or (2), as 
applicable, if it does not last for at least 12 months following the 
date on which such preference eligible is assigned to such position 
under this subsection.
    ``(i) A preference eligible may challenge the classification of any 
position to which the preference eligible asserts assignment rights (as 
provided by, or prescribed by regulations described in, subsection (h)) 
in an action before the Merit Systems Protection Board.
    ``(j)(1) Not later than 3 months after the date of the enactment of 
this subsection, each Executive agency shall establish an agencywide 
priority placement program to facilitate employment placement for 
employees who--
            ``(A)(i) are scheduled to be separated from service due to 
        a reduction in force under--
                    ``(I) regulations prescribed under this section; or
                    ``(II) procedures established under section 3595; 
                or
            ``(ii) are separated from service due to such a reduction 
        in force; and
            ``(B)(i) have received a rating of at least fully 
        successful (or the equivalent) as the last performance rating 
        of record used for retention purposes; or
            ``(ii) occupy positions excluded from a performance 
        appraisal system by law, regulation, or administrative action 
        taken by the Office of Personnel Management.
    ``(2)(A) Each agencywide priority placement program under this 
subsection shall include provisions under which a vacant position shall 
not (except as provided in this paragraph or any other statute 
providing the right of reemployment to any individual) be filled by the 
appointment or transfer of any individual from outside of that agency 
(other than an individual described in subparagraph (B)) if--
            ``(i) there is then available any individual described in 
        subparagraph (B) who is qualified for the position; and
            ``(ii) the position--
                    ``(I) is at the same grade or pay level (or the 
                equivalent) or not more than 3 grades (or grade 
                intervals) below that of the position last held by such 
                individual before placement in the new position;
                    ``(II) is within the same commuting area as the 
                individual's last-held position (as referred to in 
                subclause (I)) or residence; and
                    ``(III) has the same type of work schedule (whether 
                full-time, part-time, or intermittent) as the position 
                last held by the individual.
    ``(B) For purposes of an agencywide priority placement program, an 
individual shall be considered to be described in this subparagraph if 
such individual--
            ``(i)(I) is an employee of such agency who is scheduled to 
        be separated, as described in paragraph (1)(A)(i); or
            ``(II) is an individual who became a former employee of 
        such agency as a result of a separation, as described in 
        paragraph (1)(A)(ii), excluding any individual who separated 
        voluntarily under subsection (f); and
            ``(ii) satisfies clause (i) or (ii) of paragraph (1)(B).
    ``(3)(A) If after a reduction in force the agency has no positions 
of any type within the local commuting areas specified in this 
subsection, the individual may designate a different local commuting 
area where the agency has continuing positions in order to exercise 
reemployment rights under this subsection. An agency may determine that 
such designations are not in the interest of the Government for the 
purpose of paying relocation expenses under subchapter II of chapter 
57.
    ``(B) At its option, an agency may administratively extend 
reemployment rights under this subsection to include other local 
commuting areas.
    ``(4)(A) In selecting employees for positions under this 
subsection, the agency shall place qualified present and former 
employees in retention order by veterans' preference subgroup and 
tenure group.
    ``(B) An agency may not pass over a qualified present or former 
employee to select an individual in a lower veterans' preference 
subgroup within the tenure group, or in a lower tenure group.
    ``(C) Within a subgroup, the agency may select a qualified present 
or former employee without regard to the individual's total creditable 
service.
    ``(5) An individual is eligible for reemployment priority under 
this subsection for 2 years from the effective date of the reduction in 
force from which the individual will be, or has been, separated under 
this section or section 3595, as the case may be.
    ``(6) An individual loses eligibility for reemployment priority 
under this subsection when the individual--
            ``(A) requests removal in writing;
            ``(B) accepts or declines a bona fide offer under this 
        subsection or fails to accept such an offer within the period 
        of time allowed for such acceptance, or
            ``(C) separates from the agency before being separated 
        under this section or section 3595, as the case may be.
A present or former employee who declines a position with a 
representative rate (or equivalent) that is less than the rate of the 
position from which the individual was separated under this section 
retains eligibility for positions with a higher representative rate up 
to the rate of the individual's last position.
    ``(7) Whenever more than one individual is qualified for a position 
under this subsection, the agency shall select the most highly 
qualified individual, subject to paragraph (4).
    ``(8) The Office of Personnel Management shall issue regulations to 
implement this subsection.''.

SEC. 4. IMPROVED REDRESS FOR VETERANS.

    (a) In General.--Subchapter I of chapter 33 of title 5, United 
States Code, is amended by adding at the end the following:
``Sec. 3330a. Administrative redress
    ``(a)(1) Any preference eligible or other individual described in 
section 3304(f)(1) who alleges that an agency has violated such 
individual's rights under any statute or regulation relating to 
veterans' preference, or any right afforded such individual by section 
3304(f), may file a complaint with the Secretary of Labor.
    ``(2) A complaint under this subsection must be filed within 60 
days after the date of the alleged violation, and the Secretary shall 
process such complaint in accordance with sections 4322 (a) through 
(e)(1) and 4326 of title 38.
    ``(b)(1) If the Secretary of Labor is unable to resolve the 
complaint within 60 days after the date on which it is filed, the 
complainant may elect to appeal the alleged violation to the Merit 
Systems Protection Board in accordance with such procedures as the 
Merit Systems Protection Board shall prescribe, except that in no event 
may any such appeal be brought--
            ``(A) before the 61st day after the date on which the 
        complaint is filed under subsection (a); or
            ``(B) later than 15 days after the date on which the 
        complainant receives notification from the Secretary of Labor 
        under section 4322(e)(1) of title 38.
    ``(2) An appeal under this subsection may not be brought unless--
            ``(A) the complainant first provides written notification 
        to the Secretary of Labor of such complainant's intention to 
        bring such appeal; and
            ``(B) appropriate evidence of compliance with subparagraph 
        (A) is included (in such form and manner as the Merit Systems 
        Protection Board may prescribe) with the notice of appeal under 
        this subsection.
    ``(3) Upon receiving notification under paragraph (2)(A), the 
Secretary of Labor shall not continue to investigate or further attempt 
to resolve the complaint to which such notification relates.
    ``(c) This section shall not be construed to prohibit a preference 
eligible from appealing directly to the Merit Systems Protection Board 
from any action which is appealable to the Board under any other law, 
rule, or regulation, in lieu of administrative redress under this 
section.
``Sec. 3330b. Judicial redress
    ``(a) In lieu of continuing the administrative redress procedure 
provided under section 3330a(b), a preference eligible or other 
individual described in section 3304(f)(1) may elect, in accordance 
with this section, to terminate those administrative proceedings and 
file an action with the appropriate United States district court not 
later than 60 days after the date of the election.
    ``(b) An election under this section may not be made--
            ``(1) before the 121st day after the date on which the 
        appeal is filed with the Merit Systems Protection Board under 
        section 3330a(b); or
            ``(2) after the Merit Systems Protection Board has issued a 
        judicially reviewable decision on the merits of the appeal.
    ``(c) An election under this section shall be made, in writing, in 
such form and manner as the Merit Systems Protection Board shall by 
regulation prescribe. The election shall be effective as of the date on 
which it is received, and the administrative proceeding to which it 
relates shall terminate immediately upon the receipt of such election.
``Sec. 3330c. Remedy
    ``(a) If the Merit Systems Protection Board (in a proceeding under 
section 3330a) or a court (in a proceeding under section 3330b) 
determines that an agency has violated a right described in section 
3330a, the Board or court (as the case may be) shall order the agency 
to comply with such provisions and award compensation for any loss of 
wages or benefits suffered by the individual by reason of the violation 
involved. If the Board or court determines that such violation was 
willful, it shall award an amount equal to backpay as liquidated 
damages.
    ``(b) A preference eligible or other individual described in 
section 3304(f)(1) who prevails in an action under section 3330a or 
3330b shall be awarded reasonable attorney fees, expert witness fees, 
and other litigation expenses.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 33 of title 5, United States Code, is amended by adding after 
the item relating to section 3330 the following:

``3330a. Administrative redress.
``3330b. Judicial redress.
``3330c. Remedy.''.

SEC. 5. EXTENSION OF VETERANS' PREFERENCE.

    (a) Amendment to Title 5, United States Code.--Paragraph (3) of 
section 2108 of title 5, United States Code, is amended by striking 
``the Federal Bureau of Investigation and Drug Enforcement 
Administration Senior Executive Service, or the General Accounting 
Office;'' and inserting ``or the Federal Bureau of Investigation and 
Drug Enforcement Administration Senior Executive Service;''.
    (b) Amendments to Title 3, United States Code.--
            (1) In general.--Chapter 2 of title 3, United States Code, 
        is amended by adding at the end the following:
``Sec. 115. Veterans' preference
    ``(a) Subject to subsection (b), appointments under sections 105, 
106, and 107 shall be made in accordance with section 2108, and 
sections 3309 through 3312, of title 5.
    ``(b) Subsection (a) shall not apply to any appointment to a 
position the rate of basic pay for which is at least equal to the 
minimum rate established for positions in the Senior Executive Service 
under section 5382 of title 5 and the duties of which are comparable to 
those described in section 3132(a)(2) of such title or to any other 
position if, with respect to such position, the President makes 
certification--
            ``(1) that such position is--
                    ``(A) a confidential or policy-making position; or
                    ``(B) a position for which political affiliation or 
                political philosophy is otherwise an important 
                qualification; and
            ``(2) that any individual selected for such position is 
        expected to vacate the position at or before the end of the 
        President's term (or terms) of office.
Each individual appointed to a position described in the preceding 
sentence as to which the expectation described in paragraph (2) applies 
shall be notified as to such expectation, in writing, at the time of 
appointment to such position.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 2 of title 3, United States Code, is 
        amended by adding at the end the following:

``115. Veterans' preference.''.
    (c) Legislative Branch Appointments.--
            (1) Definitions.--For the purposes of this subsection, the 
        terms ``employing office'', ``covered employee'', and ``Board'' 
        shall each have the meaning given such term by section 101 of 
        the Congressional Accountability Act of 1995 (2 U.S.C. 1301).
            (2) Rights and protections.--The rights and protections 
        established under section 2108, sections 3309 through 3312, and 
        subchapter I of chapter 35, of title 5, United States Code, 
        shall apply to covered employees.
            (3) Remedies.--
                    (A) In general.--The remedy for a violation of 
                paragraph (2) shall be such remedy as would be 
                appropriate if awarded under applicable provisions of 
                title 5, United States Code, in the case of a violation 
                of the relevant corresponding provision (referred to in 
                paragraph (2)) of such title.
                    (B) Procedure.--The procedure for consideration of 
                alleged violations of paragraph (2) shall be the same 
                as apply under section 401 of the Congressional 
                Accountability Act of 1995 (and the provisions of law 
                referred to therein) in the case of an alleged 
                violation of part A of title II of such Act
            (4) Regulations to implement subsection.--
                    (A) In general.--The Board shall, pursuant to 
                section 304 of the Congressional Accountability Act of 
                1995 (2 U.S.C. 1384), issue regulations to implement 
                this subsection.
                    (B) Agency regulations.--The regulations issued 
                under subparagraph (A) shall be the same as the most 
                relevant substantive regulations (applicable with 
                respect to the executive branch) promulgated to 
                implement the statutory provisions referred to in 
                paragraph (2) except insofar as the Board may 
                determine, for good cause shown and stated together 
                with the regulation, that a modification of such 
                regulations would be more effective for the 
                implementation of the rights and protections under this 
                subsection.
                    (C) Coordination.--The regulations issued under 
                subparagraph (A) shall be consistent with section 225 
                of the Congressional Accountability Act of 1995 (2 
                U.S.C. 1361).
            (5) Applicability.--Notwithstanding any other provision of 
        this subsection, the term ``covered employee'' shall not, for 
        purposes of this subsection, include an employee--
                    (A) whose appointment is made by the President with 
                the advice and consent of the Senate;
                    (B) whose appointment is made by a Member of 
                Congress or by a committee or subcommittee of either 
                House of Congress; or
                    (C) who is appointed to a position, the duties of 
                which are equivalent to those of a Senior Executive 
                Service position (within the meaning of section 
                3132(a)(2) of title 5, United States Code).
            (6) Effective date.--Paragraphs (2) and (3) shall be 
        effective as of the effective date of the regulations under 
        paragraph (4).
    (d) Judicial Branch Appointments.--
            (1) In general.--Subject to paragraph (2), appointments to 
        positions in the judicial branch of the Government shall be 
        made in accordance with section 2108, and sections 3309 through 
        3312, of title 5, United States Code.
            (2) Reductions in force.--Subject to paragraph (2), 
        reductions in force in the judicial branch of the Government 
        shall provide preference eligibles with protections 
        substantially similar to those provided under subchapter I of 
        chapter 35 of title 5, United States Code.
            (3) Exclusions.--Paragraphs (1) and (2) shall not apply 
        to--
                    (A) an appointment made by the President, with the 
                advice and consent of the Senate;
                    (B) an appointment as a judicial officer;
                    (C) an appointment as a law clerk or secretary to a 
                justice or judge of the United States; or
                    (D) an appointment to a position, the duties of 
                which are equivalent to those of a Senior Executive 
                Service position (within the meaning of section 
                3132(a)(2) of title 5, United States Code).
            (4) Redress procedures.--The Judicial Conference of the 
        United States shall prescribe regulations under which redress 
        procedures (substantially similar to the procedures established 
        by the amendments made by section 4) shall be available for 
        alleged violations of any rights provided by this subsection.
            (5) Definitions.--For purposes of this subsection--
                    (A) the term ``judicial officer'' means a justice, 
                judge, or magistrate judge listed in subparagraph (A), 
                (B), (F), or (G) of section 376(a)(1) of title 28, 
                United States Code; and
                    (B) the term ``justice or judge of the United 
                States'' has the meaning given such term by section 451 
                of such title 28.

SEC. 6. VETERANS' PREFERENCE REQUIRED FOR REDUCTIONS IN FORCE IN THE 
              FEDERAL AVIATION ADMINISTRATION.

    Section 347(b) of the Department of Transportation and Related 
Agencies Appropriations Act, 1996 (109 Stat. 460) is amended by 
striking ``and'' at the end of paragraph (6), by striking the period at 
the end of paragraph (7) and inserting ``; and'', and by adding at the 
end the following:
            ``(8) sections 3501-3504, as such sections relate to 
        veterans' preference.''.

SEC. 7. DEFINITIONAL AMENDMENT.

    Subparagraph (A) of section 2108(1) of title 5, United States Code, 
is amended by inserting ``during a military operation in a qualified 
hazardous duty area (within the meaning of the first 2 sentences of 
section 1(b) of Public Law 104-117) and in accordance with requirements 
that may be prescribed in regulations of the Secretary of Defense,'' 
after ``for which a campaign badge has been authorized,''.

            Passed the House of Representatives July 30, 1996.

            Attest:

                                                                 Clerk.