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





                                                 Union Calendar No. 347

104th CONGRESS

  2d Session

                               H. R. 3586

                          [Report No. 104-675]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             July 12, 1996

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed





                                                 Union Calendar No. 347
104th CONGRESS
  2d Session
                                H. R. 3586

                          [Report No. 104-675]

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 5, 1996

   Mr. Mica introduced the following bill; which was referred to the 
              Committee on Government Reform and Oversight

                             July 12, 1996

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                             July 12, 1996

 Additional sponsors: Mr. Burton of Indiana, Mr. Herger, Mr. Solomon, 
                  Mr. Stump, and Mr. Watts of Oklahoma
[For text of introduced bill, see copy of bill as introduced on June 5, 
                                 1996]

_______________________________________________________________________

                                 A BILL


 
     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) As soon as practicable, but not later than 120 days, after 
the date of the enactment of this subsection, each agency shall 
establish an agencywide priority placement program to facilitate 
employment placement for preference eligibles who--
            ``(A) are scheduled to be separated from service due to a 
        reduction in force; or
            ``(B) are separated from service due to a reduction in 
        force.
    ``(2) Each agencywide priority placement program shall include 
provisions under which a vacant position shall not be filled by the 
appointment or transfer of any individual from outside of that agency 
(other than a former employee previously separated from that agency due 
to a reduction in force) or by any promotion, reassignment, or other 
personnel action involving any individual from within that agency 
(other than a preference eligible or, as defined under regulations 
prescribed by the Office, a surplus employee) if--
            ``(A) there is then available any individual described in 
        paragraph (3) who is qualified for the position; and
            ``(B) the position--
                    ``(i) is at the same grade (or pay level) or not 
                more than 2 grades (or pay levels) below that of the 
                position last held by such individual before placement 
                in the new position; and
                    ``(ii) is within the same commuting area as the 
                individual's residence or last-held position.
    ``(3) For purposes of an agencywide priority placement program 
under this subsection, an individual shall be considered to be 
described in this paragraph if such individual's most recent 
performance rating was at least fully successful (or the equivalent), 
and such individual is either--
            ``(A) a preference eligible of such agency who is scheduled 
        to be separated, as described in paragraph (1)(A); or
            ``(B) a preference eligible who became a former employee of 
        such agency as a result of a separation, as described in 
        paragraph (1)(B).
    ``(4) A preference eligible shall cease to be eligible to 
participate in a program under this subsection upon the earlier of--
            ``(A) the end of the 24-month period beginning on the date 
        on which the preference eligible first becomes eligible to 
        participate under paragraph (3); or
            ``(B) the date on which the individual accepts or declines 
        a bona fide offer (or, if the individual does not act on the 
        offer, the last day for accepting such offer) from the affected 
        agency of a position described in paragraph (2)(B).''.

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) In general.--Subject to paragraph (3), appointments to 
        positions in the legislative 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 (3), 
        reductions in force in the legislative 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 made by a Member of Congress or 
                by a committee or subcommittee of either House of 
                Congress; or
                    (C) 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 Board of Directors of the 
        Office of Compliance (established by section 301 of the 
        Congressional Accountability Act of 1995) shall prescribe 
        regulations, as soon as practicable after the date of the 
        enactment of this Act, to provide preference eligibles in the 
        legislative branch of the Government with administrative and 
        judicial redress procedures for alleged violations of any 
        rights provided by this subsection. Such procedures shall be 
        substantially similar to the procedures established by the 
        amendments made by section 4. The regulations shall provide 
        that the General Counsel of the Office of Compliance (appointed 
        under section 302(c) of the Congressional Accountability Act of 
        1995) shall perform the functions assigned to the Secretary of 
        Labor under sections 4322 and 4326(a) of title 38, United 
        States Code.
    (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.''.