I 

113TH CONGRESS 

1ST SESSION H. R. 2785 

To amend title 5, United States Code, to improve the hiring of veterans 

by the Federal Government and State governments, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 22, 2013 

Mr. WALZ (for himself, Mr. DENHAM, Mr. BENTIVOLIO, and Ms. SPEIER) introduced the following bill; which was referred to the Committee on Oversight and Government Reform 

A BILL 

To amend title 5, United States Code, to improve the hiring 

of veterans by the Federal Government and State governments, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Military Reserve Jobs 

5 Act’’. 


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1 SEC. 2. PREFERENCE ELIGIBILITY FOR MEMBERS OF RE2 SERVE COMPONENTS OF THE ARMED 

3 FORCES APPOINTED TO COMPETITIVE SERV4 ICE; CLARIFICATION OF APPEAL RIGHTS. 

5 (a) PREFERENCE ELIGIBILITY.—Section 2108 of 

6 title 5, United States Code, is amended— 

7 (1) in paragraph (3)— 

8 (A) in subparagraph (G)(iii), by striking 

9 ‘‘and’’ at the end; 

10 (B) by inserting the following after sub11 paragraph (H): 

12 ‘‘(I) an individual who is a member of a re13 serve component of the armed forces: 

14 ‘‘(i) who has— 

15 ‘‘(I) successfully completed offi16 cer candidate training or entry level 

17 and skill training; and 

18 ‘‘(II) incurred, or is performing, 

19 an initial period of obligated service in 

20 a reserve component of the armed 

21 forces of not less than 6 consecutive 

22 years; or 

23 ‘‘(ii) who has completed at least 10 

24 years of service in a reserve component of 

25 the armed forces in each of which the indi26 vidual was credited with at least 50 points 


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1 under section 12732 of title 10 toward the 

2 computation of years of service under sec3 tion 12732 of title 10 for purposes of eligi4 bility for retired pay under chapter 1223 

5 of title 10; and 

6 ‘‘(J) an individual who is— 

7 ‘‘(i) retired from service in a reserve 

8 component of the armed forces; and 

9 ‘‘(ii) eligible for, but has not yet com10 menced receipt of, retired pay for non-reg11 ular service under chapter 1223 of title 

12 10;’’; 

13 (2) in paragraph (4)— 

14 (A) in subparagraph (A), by striking ‘‘or’’ 

15 at the end; 

16 (B) in subparagraph (B), by striking 

17 ‘‘and’’ at the end and inserting ‘‘or’’; and 

18 (C) by adding at the end the following: 

19 ‘‘(C) the individual is a retiree described in 

20 paragraph (3)(J);’’; 

21 (3) in paragraph (5) by striking ‘‘and’’ at the 

22 end; and 

23 (4) by adding at the end the following: 


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1 ‘‘(6) ‘entry level and skill training’ has the 

2 meaning given that term in section 3301(2) of title 

3 38; and 

4 ‘‘(7) ‘reserve component of the armed forces’ 

5 means a reserve component specified in section 

6 101(27) of title 38.’’. 

7 (b) TIERED HIRING PREFERENCE FOR MEMBERS OF

8 RESERVE COMPONENTS OF THE ARMED FORCES.—Sec9 tion 3309 of title 5, United States Code, is amended— 

10 (1) in paragraph (1), by striking ‘‘and’’ at the 

11 end; and 

12 (2) by striking paragraph (2) and inserting the 

13 following: 

14 ‘‘(2) a preference eligible under subparagraph 

15 (A), (B), or (J) of section 2108(3) of this title—5 

16 points; 

17 ‘‘(3) a preference eligible under section 

18 2108(3)(I)(ii) of this title—4 points; and 

19 ‘‘(4) a preference eligible under section 

20 2108(3)(I)(i) of this title—3 points.’’. 

21 (c) CLARIFICATION OF APPEAL RIGHTS.— 

22 (1) IN GENERAL.—Section 3330a of title 5, 

23 United States Code, is amended— 

24 (A) in subsection (a)(1)(A), by inserting ‘‘, 

25 including a preference eligible appointed pursuVerDate Mar 15 2010 05:29 Jul 24, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2785.IH H2785

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1 ant to section 7401 of title 38 or otherwise em2 ployed by the Veterans Health Administration 

3 of the Department of Veterans Affairs,’’ after 

4 ‘‘A preference eligible’’; and 

5 (B) in subsection (d)(1), by inserting ‘‘, in6 cluding a complaint so filed by a preference eli7 gible appointed pursuant to section 7401 of 

8 title 38 or otherwise employed by the Veterans 

9 Health Administration,’’ after ‘‘If the Secretary 

10 of Labor is unable to resolve a complaint under 

11 subsection (a)’’. 

12 (2) COORDINATION RULE.—Section 3330a of 

13 title 5, United States Code, is amended by adding 

14 at the end the following new subsection: 

15 ‘‘(f) If any part of this section is deemed to be incon16 sistent with any provision of chapter 74 of title 38, this 

17 section shall be deemed to supersede, override or otherwise 

18 modify such provision of chapter 74 of title 38.’’. 

Æ 


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