II

105TH CONGRESS

1ST SESSION S. 1021

To amend title 5, United States Code, to provide that consideration may

not be denied to preference eligibles applying for certain positions in

the competitive service, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 16, 1997

Mr. HAGEL (for himself, Mr. CLELAND, Mr. HUTCHINSON, Mr. DORGAN, Mr.

BURNS, Mr. ROTH, Mr. FAIRCLOTH, Mr. HELMS, Mr. MOYNIHAN, Ms.

LANDRIEU, Mr. REID, and Mr. CAMPBELL) introduced the following bill;

which was read twice and referred to the Committee on Veterans’ Affairs

A BILL

To amend title 5, United States Code, to provide that consideration may not be denied to preference eligibles applying

for certain positions in the competitive service, 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 ‘‘Veterans Employment

5 Opportunities Act of 1997’’.
2

•S 1021 IS

1 SEC. 2. EQUAL ACCESS FOR VETERANS.

2 (a) COMPETITIVE SERVICE.—Section 3304 of title 5,

3 United States Code, is amended by adding at the end the

4 following:

5 ‘‘(f)(1) No preference eligible, and no individual

6 (other than a preference eligible) who has been separated

7 from the armed forces under honorable conditions after

8 3 or more years of active service, shall be denied the op9 portunity to compete for an announced vacant position

10 within an agency, in the competitive service or the ex11 cepted service, by reason of—

12 ‘‘(A) not having acquired competitive status; or

13 ‘‘(B) not being an employee of such agency.

14 ‘‘(2) Nothing in this subsection shall prevent an agen15 cy from filling a vacant position (whether by appointment

16 or otherwise) solely from individuals on a priority place17 ment list consisting of individuals who have been sepa18 rated from the agency due to a reduction in force and sur19 plus employees (as defined under regulations prescribed

20 by the Office).’’.

21 (b) CIVIL SERVICE EMPLOYMENT INFORMATION.—

22 (1) VACANT POSITIONS.—Section 3327(b) of

23 title 5, United States Code, is amended by striking

24 ‘‘and’’ at the end of paragraph (1), by redesignating

25 paragraph (2) as paragraph (3), and by inserting

26 after paragraph (1) the following:
3

•S 1021 IS

1 ‘‘(2) each vacant position in the agency for

2 which competition is restricted to individuals having

3 competitive status or employees of such agency, ex4 cluding any position under paragraph (1), and’’.

5 (2) ADDITIONAL INFORMATION.—Section 3327

6 of title 5, United States Code, is amended by adding

7 at the end the following:

8 ‘‘(c) Any notification provided under this section

9 shall, for all positions under subsection (b)(1) as to which

10 section 3304(f) applies and for all positions under sub11 section (b)(2), include a notation as to the applicability

12 of section 3304(f) with respect thereto.

13 ‘‘(d) In consultation with the Secretary of Labor, the

14 Office shall submit to Congress and the President, no less

15 frequently than every 2 years, a report detailing, with re16 spect to the period covered by such report—

17 ‘‘(1) the number of positions listed under this

18 section during such period;

19 ‘‘(2) the number of preference eligibles and

20 other individuals described in section 3304(f)(1) re21 ferred to such positions during such period; and

22 ‘‘(3) the number of preference eligibles and

23 other individuals described in section 3304(f)(1) ap24 pointed to such positions during such period.’’.

25 (c) GOVERNMENTWIDE LISTS.—
4

•S 1021 IS

1 (1) VACANT POSITIONS.—Section 3330(b) of

2 title 5, United States Code, is amended to read as

3 follows:

4 ‘‘(b) The Office of Personnel Management shall cause

5 to be established and kept current—

6 ‘‘(1) a comprehensive list of all announcements

7 of vacant positions (in the competitive service and

8 the excepted service, respectively) within each agency

9 that are to be filled by appointment for more than

10 1 year and for which applications are being or will

11 soon be accepted from outside the agency’s work

12 force; and

13 ‘‘(2) a comprehensive list of all announcements

14 of vacant positions within each agency for which ap15 plications are being or will soon be accepted and for

16 which competition is restricted to individuals having

17 competitive status or employees of such agency, ex18 cluding any position required to be listed under

19 paragraph (1).’’.

20 (2) ADDITIONAL INFORMATION.—Section

21 3330(c) of title 5, United States Code, is amended

22 by striking ‘‘and’’ at the end of paragraph (2), by

23 redesignating paragraph (3) as paragraph (4), and

24 by inserting after paragraph (2) the following:
5

•S 1021 IS

1 ‘‘(3) for all positions under subsection (b)(1) as

2 to which section 3304(f) applies and for all positions

3 under subsection (b)(2), a notation as to the applica4 bility of section 3304(f) with respect thereto; and’’.

5 (3) CONFORMING AMENDMENT.—Section

6 3330(d) of title 5, United States Code, is amended

7 by striking ‘‘The list’’ and inserting ‘‘Each list

8 under subsection (b)’’.

9 (d) PROVISIONS RELATING TO THE UNITED STATES

10 POSTAL SERVICE.—

11 (1) IN GENERAL.—Subsection (a) of section

12 1005 of title 39, United States Code, is amended by

13 adding at the end the following:

14 ‘‘(5)(A) The provisions of section 3304(f) of title 5

15 shall apply with respect to the Postal Service in the same

16 manner and under the same conditions as if the Postal

17 Service were an agency within the meaning of such

18 provisions.

19 ‘‘(B) Nothing in this subsection shall be considered

20 to require the application of section 3304(f) of title 5 in

21 the case of any individual who is not an employee of the

22 Postal Service if—

23 ‘‘(i) the vacant position involved is to be filled

24 pursuant to a collective-bargaining agreement;
6

•S 1021 IS

1 ‘‘(ii) the collective-bargaining agreement re2 stricts competition for such position to individuals

3 employed in a bargaining unit or installation within

4 the Postal Service in which the position is located;

5 ‘‘(iii) the collective-bargaining agreement pro6 vides that the successful applicant shall be selected

7 on the basis of seniority or qualifications; and

8 ‘‘(iv) the position to be filled is within a bar9 gaining unit.

10 ‘‘(C) The provisions of this paragraph shall not be

11 modified by any program developed under section 1004

12 of this title or any collective-bargaining agreement entered

13 into under chapter 12 of this title.’’.

14 (2) CONFORMING AMENDMENT.—The first sen15 tence of section 1005(a)(2) of title 39, United States

16 Code, is amended by striking ‘‘title.’’ and inserting

17 ‘‘title, subject to paragraph (5) of this subsection.’’.

18 SEC. 3. SPECIAL PROTECTIONS FOR PREFERENCE ELIGI19 BLES IN REDUCTIONS IN FORCE.

20 (a) IN GENERAL.—Section 3502 of title 5, United

21 States Code, as amended by section 1034 of the National

22 Defense Authorization Act for Fiscal Year 1996 (Public

23 Law 104–106; 110 Stat. 430), is amended by adding at

24 the end the following:
7

•S 1021 IS

1 ‘‘(g)(1) A position occupied by a preference eligible

2 shall not be placed in a single-position competitive level

3 if the preference eligible is qualified to perform the essen4 tial functions of any other position at the same grade (or

5 occupational level) in the competitive area. In such cases,

6 the preference eligible shall be entitled to be placed in an7 other competitive level for which such preference eligible

8 is qualified. If the preference eligible is qualified for more

9 than one competitive level, such preference eligible shall

10 be placed in the competitive level containing the most

11 positions.

12 ‘‘(2) For purposes of paragraph (1)—

13 ‘‘(A) a preference eligible shall be considered

14 qualified to perform the essential functions of a posi15 tion if, by reason of experience, training, or edu16 cation (and, in the case of a disabled veteran, with

17 reasonable accommodation), a reasonable person

18 could conclude that the preference eligible would be

19 able to perform those functions successfully within a

20 period of 150 days; and

21 ‘‘(B) a preference eligible shall not be consid22 ered unqualified solely because such preference eligi23 ble does not meet the minimum qualification require24 ments relating to previous experience in a specified

25 grade (or occupational level), if any, that are estab-
8

•S 1021 IS

1 lished for such position by the Office of Personnel

2 Management or the agency.

3 ‘‘(h) In connection with any reduction in force, a

4 preference eligible whose current or most recent perform5 ance rating is at least fully successful (or the equivalent)

6 shall have, in addition to such assignment rights as are

7 prescribed by regulation, the right, in lieu of separation,

8 to be assigned to any position within the agency conduct9 ing the reduction in force—

10 ‘‘(1) for which such preference eligible is quali11 fied under subsection (g)(2)—

12 ‘‘(A) that is within the preference eligible’s

13 commuting area and at the same grade (or oc14 cupational level) as the position from which the

15 preference eligible was released, and that is

16 then occupied by an individual, other than an17 other preference eligible, who was placed in

18 such position (whether by appointment or oth19 erwise) within 6 months before the reduction in

20 force if, within 12 months prior to the date on

21 which such individual was so placed in such po22 sition, such individual had been employed in the

23 same competitive area as the preference eligible;

24 or
9

•S 1021 IS

1 ‘‘(B) that is within the preference eligible’s

2 competitive area and that is then occupied by

3 an individual, other than another preference eli4 gible, who was placed in such position (whether

5 by appointment or otherwise) within 6 months

6 before the reduction in force; or

7 ‘‘(2) for which such preference eligible is quali8 fied that is within the preference eligible’s competi9 tive area and that is not more than 3 grades (or pay

10 levels) below that of the position from which the

11 preference eligible was released, except that, in the

12 case of a preference eligible with a compensable

13 service-connected disability of 30 percent or more,

14 this paragraph shall be applied by substituting ‘5

15 grades’ for ‘3 grades’.

16 In the event that a preference eligible is entitled to assign17 ment to more than 1 position under this subsection, the

18 agency shall assign the preference eligible to any such po19 sition requiring no reduction (or, if there is no such posi20 tion, the least reduction) in basic pay. A position shall not,

21 with respect to a preference eligible, be considered to sat22 isfy the requirements of paragraph (1) or (2), as applica23 ble, if it does not last for at least 12 months following

24 the date on which such preference eligible is assigned to

25 such position under this subsection.
10

•S 1021 IS

1 ‘‘(i) A preference eligible may challenge the classifica2 tion of any position to which the preference eligible asserts

3 assignment rights (as provided by, or prescribed by regula4 tions described in, subsection (h)) in an action before the

5 Merit Systems Protection Board.

6 ‘‘(j)(1) Not later than 90 days after the date of the

7 enactment of the Veterans Employment Opportunities Act

8 of 1997, each Executive agency shall establish an agency9 wide priority placement program to facilitate employment

10 placement for employees who—

11 ‘‘(A)(i) are scheduled to be separated from serv12 ice due to a reduction in force under—

13 ‘‘(I) regulations prescribed under this sec14 tion; or

15 ‘‘(II) procedures established under section

16 3595; or

17 ‘‘(ii) are separated from service due to such a

18 reduction in force; and

19 ‘‘(B)(i) have received a rating of at least fully

20 successful (or the equivalent) as the last perform21 ance rating of record used for retention purposes; or

22 ‘‘(ii) occupy positions excluded from a perform23 ance appraisal system by law, regulation, or admin24 istrative action taken by the Office of Personnel

25 Management.
11

•S 1021 IS

1 ‘‘(2)(A) Each agencywide priority placement program

2 under this subsection shall include provisions under which

3 a vacant position shall not (except as provided in this

4 paragraph or any other statute providing the right of re5 employment to any individual) be filled by the appoint6 ment or transfer of any individual from outside of that

7 agency (other than an individual described in subpara8 graph (B)) if—

9 ‘‘(i) there is then available any individual de10 scribed in subparagraph (B) who is qualified for the

11 position; and

12 ‘‘(ii) the position—

13 ‘‘(I) is at the same grade or pay level (or

14 the equivalent) or not more than 3 grades (or

15 grade intervals) below that of the position last

16 held by such individual before placement in the

17 new position;

18 ‘‘(II) is within the same commuting area

19 as the individual’s last-held position (as referred

20 to in subclause (I)) or residence; and

21 ‘‘(III) has the same type of work schedule

22 (whether full-time, part-time, or intermittent)

23 as the position last held by the individual.
12

•S 1021 IS

1 ‘‘(B) For purposes of an agencywide priority place2 ment program, an individual shall be considered to be de3 scribed in this subparagraph if such individual—

4 ‘‘(i)(I) is an employee of such agency who is

5 scheduled to be separated, as described in paragraph

6 (1)(A)(i); or

7 ‘‘(II) is an individual who became a former em8 ployee of such agency as a result of a separation, as

9 described in paragraph (1)(A)(ii), excluding any in10 dividual who separated voluntarily under subsection

11 (f); and

12 ‘‘(ii) satisfies clause (i) or (ii) of paragraph

13 (1)(B).

14 ‘‘(3)(A) If after a reduction in force the agency has

15 no positions of any type within the local commuting areas

16 specified in this subsection, the individual may designate

17 a different local commuting area where the agency has

18 continuing positions in order to exercise reemployment

19 rights under this subsection. An agency may determine

20 that such designations are not in the interest of the Gov21 ernment for the purpose of paying relocation expenses

22 under subchapter II of chapter 57.

23 ‘‘(B) At its option, an agency may administratively

24 extend reemployment rights under this subsection to in25 clude other local commuting areas.
13

•S 1021 IS

1 ‘‘(4)(A) In selecting employees for positions under

2 this subsection, the agency shall place qualified present

3 and former employees in retention order by veterans’ pref4 erence subgroup and tenure group.

5 ‘‘(B) An agency may not pass over a qualified present

6 or former employee to select an individual in a lower veter7 ans’ preference subgroup within the tenure group, or in

8 a lower tenure group.

9 ‘‘(C) Within a subgroup, the agency may select a

10 qualified present or former employee without regard to the

11 individual’s total creditable service.

12 ‘‘(5) An individual is eligible for reemployment prior13 ity under this subsection for 2 years from the effective

14 date of the reduction in force from which the individual

15 will be, or has been, separated under this section or section

16 3595, as the case may be.

17 ‘‘(6) An individual loses eligibility for reemployment

18 priority under this subsection when the individual—

19 ‘‘(A) requests removal in writing;

20 ‘‘(B) accepts or declines a bona fide offer under

21 this subsection or fails to accept such an offer within

22 the period of time allowed for such acceptance; or

23 ‘‘(C) separates from the agency before being

24 separated under this section or section 3595, as the

25 case may be.
14

•S 1021 IS

1 A present or former employee who declines a position with

2 a representative rate (or equivalent) that is less than the

3 rate of the position from which the individual was sepa4 rated under this section retains eligibility for positions

5 with a higher representative rate up to the rate of the indi6 vidual’s last position.

7 ‘‘(7) Whenever more than one individual is qualified

8 for a position under this subsection, the agency shall select

9 the most highly qualified individual, subject to paragraph

10 (4).

11 ‘‘(8) The Office of Personnel Management shall issue

12 regulations to implement this subsection.’’.

13 (b) APPLICABILITY.—

14 (1) IN GENERAL.—Subject to paragraph (2),

15 the amendments made by this section shall apply

16 with respect to—

17 (A) reductions in force taking effect after

18 the end of the 90-day period beginning on the

19 date of the enactment of this Act; or

20 (B) in the case of the Department of De21 fense, reductions in force taking effect after the

22 end of the 1-year period beginning on the date

23 of the enactment of this Act.

24 (2) ONGOING REDUCTIONS IN FORCE.—If an

25 agency has given written notice of a reduction in
15

•S 1021 IS

1 force to any of its employees within a competitive

2 area, in accordance with section 3502(d)(1)(A) of

3 title 5, United States Code, before the effective date

4 under subparagraph (A) or (B) of paragraph (1), as

5 applicable, then, for purposes of determining the

6 rights of any employee within such area in connec7 tion with such reduction in force, the amendments

8 made by this section shall be treated as if they had

9 never been enacted. Nothing in the preceding sen10 tence shall affect any rights under a priority place11 ment program under section 3502(j) of title 5, Unit12 ed States Code, as amended by this section.

13 SEC. 4. IMPROVED REDRESS FOR VETERANS.

14 (a) IN GENERAL.—Subchapter I of chapter 33 of title

15 5, United States Code, is amended by adding at the end

16 the following:

17 ‘‘§ 3330a. Administrative redress

18 ‘‘(a)(1) Any preference eligible or other individual de19 scribed in section 3304(f)(1) who alleges that an agency

20 has violated such individual’s rights under any statute or

21 regulation relating to veterans’ preference, or any right

22 afforded such individual by section 3304(f), may file a

23 complaint with the Secretary of Labor.

24 ‘‘(2) A complaint under this subsection must be filed

25 within 60 days after the date of the alleged violation, and
16

•S 1021 IS

1 the Secretary shall process such complaint in accordance

2 with sections 4322 (a) through (e)(1) and 4326 of title

3 38.

4 ‘‘(b)(1) If the Secretary of Labor is unable to resolve

5 the complaint within 60 days after the date on which it

6 is filed, the complainant may elect to appeal the alleged

7 violation to the Merit Systems Protection Board in accord8 ance with such procedures as the Merit Systems Protec9 tion Board shall prescribe, except that in no event may

10 any such appeal be brought—

11 ‘‘(A) before the 61st day after the date on

12 which the complaint is filed under subsection (a); or

13 ‘‘(B) later than 15 days after the date on which

14 the complainant receives notification from the Sec15 retary of Labor under section 4322(e)(1) of title 38.

16 ‘‘(2) An appeal under this subsection may not be

17 brought unless—

18 ‘‘(A) the complainant first provides written no19 tification to the Secretary of Labor of such com20 plainant’s intention to bring such appeal; and

21 ‘‘(B) appropriate evidence of compliance with

22 subparagraph (A) is included (in such form and

23 manner as the Merit Systems Protection Board may

24 prescribe) with the notice of appeal under this

25 subsection.
17

•S 1021 IS

1 ‘‘(3) Upon receiving notification under paragraph

2 (2)(A), the Secretary of Labor shall not continue to inves3 tigate or further attempt to resolve the complaint to which

4 such notification relates.

5 ‘‘(c) This section shall not be construed to prohibit

6 a preference eligible from appealing directly to the Merit

7 Systems Protection Board from any action which is ap8 pealable to the Board under any other law, rule, or regula9 tion, in lieu of administrative redress under this section.

10 ‘‘§ 3330b. Judicial redress

11 ‘‘(a) In lieu of continuing the administrative redress

12 procedure provided under section 3330a(b), a preference

13 eligible or other individual described in section 3304(f)(1)

14 may elect, in accordance with this section, to terminate

15 those administrative proceedings and file an action with

16 the appropriate United States district court not later than

17 60 days after the date of the election.

18 ‘‘(b) An election under this section may not be

19 made—

20 ‘‘(1) before the 121st day after the date on

21 which the appeal is filed with the Merit Systems

22 Protection Board under section 3330a(b); or

23 ‘‘(2) after the Merit Systems Protection Board

24 has issued a judicially reviewable decision on the

25 merits of the appeal.
18

•S 1021 IS

1 ‘‘(c) An election under this section shall be made, in

2 writing, in such form and manner as the Merit Systems

3 Protection Board shall by regulation prescribe. The elec4 tion shall be effective as of the date on which it is received,

5 and the administrative proceeding to which it relates shall

6 terminate immediately upon the receipt of such election.

7 ‘‘§ 3330c. Remedy

8 ‘‘(a) If the Merit Systems Protection Board (in a pro9 ceeding under section 3330a) or a court (in a proceeding

10 under section 3330b) determines that an agency has vio11 lated a right described in section 3330a, the Board or

12 court (as the case may be) shall order the agency to com13 ply with such provisions and award compensation for any

14 loss of wages or benefits suffered by the individual by rea15 son of the violation involved. If the Board or court deter16 mines that such violation was willful, it shall award an

17 amount equal to backpay as liquidated damages.

18 ‘‘(b) A preference eligible or other individual de19 scribed in section 3304(f)(1) who prevails in an action

20 under section 3330a or 3330b shall be awarded reasonable

21 attorney fees, expert witness fees, and other litigation

22 expenses.’’.

23 (b) CLERICAL AMENDMENT.—The table of sections

24 at the beginning of chapter 33 of title 5, United States
19

•S 1021 IS

1 Code, is amended by adding after the item relating to sec2 tion 3330 the following:

‘‘3330a. Administrative redress.

‘‘3330b. Judicial redress.

‘‘3330c. Remedy.’’.

3 SEC. 5. EXTENSION OF VETERANS’ PREFERENCE.

4 (a) AMENDMENT TO TITLE 5, UNITED STATES

5 CODE.—Paragraph (3) of section 2108 of title 5, United

6 States Code, is amended by striking ‘‘the Federal Bureau

7 of Investigation and Drug Enforcement Administration

8 Senior Executive Service, or the General Accounting Of9 fice;’’ and inserting ‘‘or the Federal Bureau of Investiga10 tion and Drug Enforcement Administration Senior Execu11 tive Service;’’.

12 (b) AMENDMENTS TO TITLE 3, UNITED STATES

13 CODE.—

14 (1) IN GENERAL.—Chapter 2 of title 3, United

15 States Code, is amended by adding at the end the

16 following:

17 ‘‘§ 115. Veterans’ preference

18 ‘‘(a) Subject to subsection (b), appointments under

19 sections 105, 106, and 107 shall be made in accordance

20 with section 2108, and sections 3309 through 3312, of

21 title 5.

22 ‘‘(b) Subsection (a) shall not apply to any appoint23 ment to a position the rate of basic pay for which is at

24 least equal to the minimum rate established for positions
20

•S 1021 IS

1 in the Senior Executive Service under section 5382 of title

2 5 and the duties of which are comparable to those de3 scribed in section 3132(a)(2) of such title or to any other

4 position if, with respect to such position, the President

5 makes certification—

6 ‘‘(1) that such position is—

7 ‘‘(A) a confidential or policy-making posi8 tion; or

9 ‘‘(B) a position for which political affili10 ation or political philosophy is otherwise an im11 portant qualification; and

12 ‘‘(2) that any individual selected for such posi13 tion is expected to vacate the position at or before

14 the end of the President’s term (or terms) of office.

15 Each individual appointed to a position described in the

16 preceding sentence as to which the expectation described

17 in paragraph (2) applies shall be notified as to such expec18 tation, in writing, at the time of appointment to such

19 position.’’.

20 (2) CLERICAL AMENDMENT.—The table of sec21 tions at the beginning of chapter 2 of title 3, United

22 States Code, is amended by adding at the end the

23 following:

‘‘115. Veterans’ preference.’’.

24 (c) LEGISLATIVE BRANCH APPOINTMENTS.—
21

•S 1021 IS

1 (1) DEFINITIONS.—For the purposes of this

2 subsection, the terms ‘‘employing office’’, ‘‘covered

3 employee’’, and ‘‘Board’’ shall each have the mean4 ing given such term by section 101 of the Congres5 sional Accountability Act of 1995 (2 U.S.C. 1301).

6 (2) RIGHTS AND PROTECTIONS.—The rights

7 and protections established under section 2108, sec8 tions 3309 through 3312, and subchapter I of chap9 ter 35, of title 5, United States Code, shall apply to

10 covered employees.

11 (3) REMEDIES.—

12 (A) IN GENERAL.—The remedy for a viola13 tion of paragraph (2) shall be such remedy as

14 would be appropriate if awarded under applica15 ble provisions of title 5, United States Code, in

16 the case of a violation of the relevant cor17 responding provision (referred to in paragraph

18 (2)) of such title.

19 (B) PROCEDURE.—The procedure for con20 sideration of alleged violations of paragraph (2)

21 shall be the same as apply under section 401 of

22 the Congressional Accountability Act of 1995

23 (and the provisions of law referred to therein)

24 in the case of an alleged violation of part A of

25 title II of such Act.
22

•S 1021 IS

1 (4) REGULATIONS TO IMPLEMENT SUB2 SECTION.—

3 (A) IN GENERAL.—The Board shall, pur4 suant to section 304 of the Congressional Ac5 countability Act of 1995 (2 U.S.C. 1384), issue

6 regulations to implement this subsection.

7 (B) AGENCY REGULATIONS.—The regula8 tions issued under subparagraph (A) shall be

9 the same as the most relevant substantive regu10 lations (applicable with respect to the executive

11 branch) promulgated to implement the statu12 tory provisions referred to in paragraph (2) ex13 cept insofar as the Board may determine, for

14 good cause shown and stated together with the

15 regulation, that a modification of such regula16 tions would be more effective for the implemen17 tation of the rights and protections under this

18 subsection.

19 (C) COORDINATION.—The regulations is20 sued under subparagraph (A) shall be consist21 ent with section 225 of the Congressional Ac22 countability Act of 1995 (2 U.S.C. 1361).

23 (5) APPLICABILITY.—Notwithstanding any

24 other provision of this subsection, the term ‘‘covered
23

•S 1021 IS

1 employee’’ shall not, for purposes of this subsection,

2 include an employee—

3 (A) whose appointment is made by the

4 President with the advice and consent of the

5 Senate;

6 (B) whose appointment is made by a Mem7 ber of Congress or by a committee or sub8 committee of either House of Congress; or

9 (C) who is appointed to a position, the du10 ties of which are equivalent to those of a Senior

11 Executive Service position (within the meaning

12 of section 3132(a)(2) of title 5, United States

13 Code).

14 (6) EFFECTIVE DATE.—Paragraphs (2) and (3)

15 shall be effective as of the effective date of the regu16 lations under paragraph (4).

17 (d) JUDICIAL BRANCH APPOINTMENTS.—

18 (1) IN GENERAL.—Subject to paragraphs (2)

19 through (4), the Judicial Conference of the United

20 States shall prescribe regulations to provide for—

21 (A) veterans’ preference in the consider22 ation of applicants for employment, and in the

23 conduct of any reductions in force, within the

24 judicial branch; and
24

•S 1021 IS

1 (B) redress procedures for alleged viola2 tions of any rights provided for under subpara3 graph (A).

4 (2) REGULATIONS TO BE BASED ON EXISTING

5 PROVISIONS.—Under the regulations—

6 (A) a preference eligible (as defined by sec7 tion 2108 of title 5, United States Code) shall

8 be afforded preferences similar to those under

9 sections 3309 through 3312, and subchapter I

10 of chapter 35, of such title 5; and

11 (B) the redress procedures provided for

12 shall be similar to those under the amendments

13 made by section 4.

14 (3) EXCLUSIONS.—Nothing in the regulations

15 shall apply with respect to—

16 (A) an appointment made by the Presi17 dent, with the advice and consent of the Senate;

18 (B) an appointment as a judicial officer;

19 (C) an appointment as a law clerk or sec20 retary to a justice or judge of the United

21 States; or

22 (D) an appointment to a position, the du23 ties of which are equivalent to those of a Senior

24 Executive Service position (within the meaning
25

•S 1021 IS

1 of section 3132(a)(2) of title 5, United States

2 Code).

3 (4) CONSULTATION.—The regulations under

4 this subsection shall be prescribed by the Judicial

5 Conference of the United States, in consultation

6 with—

7 (A) the largest congressionally chartered

8 veterans’ service organization;

9 (B) 2 congressionally chartered veterans’

10 service organizations that represent former non11 commissioned officers;

12 (C) a congressionally chartered veterans’

13 service organization that represents veterans

14 who have fought in foreign wars;

15 (D) a congressionally chartered veterans’

16 service organization that represents veterans

17 with service-connected disabilities;

18 (E) a congressionally chartered veterans’

19 service organization that represents veterans of

20 the Vietnam era; and

21 (F) a congressionally chartered veterans’

22 service organization that represents veterans of

23 World War II, the Korean conflict, the Vietnam

24 era, and the Persian Gulf War.
26

•S 1021 IS

1 (5) DEFINITIONS.—For purposes of this

2 subsection—

3 (A) the term ‘‘judicial officer’’ means a

4 justice, judge, or magistrate judge listed in sub5 paragraph (A), (B), (F), or (G) of section

6 376(a)(1) of title 28, United States Code; and

7 (B) the term ‘‘justice or judge of the Unit8 ed States’’ has the meaning given such term by

9 section 451 of such title 28.

10 (6) SUBMISSION TO CONGRESS; EFFECTIVE

11 DATE.—

12 (A) SUBMISSION TO CONGRESS.—Within 5

13 months after the date of the enactment of this

14 Act, the Judicial Conference of the United

15 States shall submit a copy of the regulations

16 prescribed under this subsection to the Commit17 tee on Government Reform and Oversight and

18 the Committee on the Judiciary of the House of

19 Representatives and the Committee on Govern20 mental Affairs and the Committee on the Judi21 ciary of the Senate.

22 (B) EFFECTIVE DATE.—The regulations

23 prescribed under this subsection shall take ef24 fect 6 months after the date of the enactment

25 of this Act.
27

•S 1021 IS

1 SEC. 6. VETERANS’ PREFERENCE REQUIRED FOR REDUC2 TIONS IN FORCE IN THE FEDERAL AVIATION

3 ADMINISTRATION.

4 Section 347(b) of the Department of Transportation

5 and Related Agencies Appropriations Act, 1996 (109 Stat.

6 460) is amended by striking ‘‘and’’ at the end of para7 graph (6), by striking the period at the end of paragraph

8 (7) and inserting ‘‘; and’’, and by adding at the end the

9 following:

10 ‘‘(8) sections 3501–3504, as such sections re11 late to veterans’ preference.’’.

12 SEC. 7. DEFINITIONAL AMENDMENT.

13 Subparagraph (A) of section 2108(1) of title 5, Unit14 ed States Code, is amended by inserting ‘‘during a mili15 tary operation in a qualified hazardous duty area (within

16 the meaning of the first 2 sentences of section 1(b) of

17 Public Law 104–117) and in accordance with require18 ments that may be prescribed in regulations of the Sec19 retary of Defense,’’ after ‘‘for which a campaign badge

20 has been authorized,’’.

21 SEC. 8. FAILURE TO COMPLY WITH VETERANS’ PREF22 ERENCE REQUIREMENTS TO BE TREATED AS

23 A PROHIBITED PERSONNEL PRACTICE FOR

24 CERTAIN PURPOSES.

25 (a) IN GENERAL.—Subsection (b) of section 2302 of

26 title 5, United States Code, is amended—
28

•S 1021 IS

1 (1) by striking ‘‘or’’ at the end of paragraph

2 (10);

3 (2) by redesignating paragraph (11) as para4 graph (12); and

5 (3) by inserting after paragraph (10) the

6 following:

7 ‘‘(11)(A) knowingly take, recommend, or ap8 prove any personnel action if the taking of such ac9 tion would violate a veterans’ preference require10 ment; or

11 ‘‘(B) knowingly fail to take, recommend, or ap12 prove any personnel action if the failure to take such

13 action would violate a veterans’ preference require14 ment; or’’.

15 (b) DEFINITION; LIMITATION.—Section 2302 of title

16 5, United States Code, is amended by adding at the end

17 the following:

18 ‘‘(e)(1) For the purpose of this section, the term ‘vet19 erans’ preference requirement’ means any of the following

20 provisions of law:

21 ‘‘(A) Sections 2108, 3305(b), 3309, 3310,

22 3311, 3312, 3313, 3314, 3315, 3316, 3317(b),

23 3318, 3320, 3351, 3352, 3363, 3501, 3502(b),

24 3504, and 4303(e) and (with respect to a preference
29

•S 1021 IS

1 eligible referred to in section 7511(a)(1)(B)) sub2 chapter II of chapter 75 and section 7701.

3 ‘‘(B) Sections 943(c)(2) and 1784(c) of title 10.

4 ‘‘(C) Section 1308(b) of the Alaska National

5 Interest Lands Conservation Act.

6 ‘‘(D) Section 301(c) of the Foreign Service Act

7 of 1980.

8 ‘‘(E) Sections 106(f), 7281(e), and 7802(5) of

9 title 38.

10 ‘‘(F) Section 1005(a) of title 39.

11 ‘‘(G) Any other provision of law that the Direc12 tor of the Office of Personnel Management des13 ignates in regulations as being a veterans’ preference

14 requirement for the purposes of this subsection.

15 ‘‘(H) Any regulation prescribed under sub16 section (b) or (c) of section 1302 and any other reg17 ulation that implements a provision of law referred

18 to in any of the preceding subparagraphs.

19 ‘‘(2) Notwithstanding any other provision of this title,

20 no authority to order corrective action shall be available

21 in connection with a prohibited personnel practice de22 scribed in subsection (b)(11). Nothing in this paragraph

23 shall be considered to affect any authority under section

24 1215 (relating to disciplinary action).’’.

25 (c) REPEALS.—
30

•S 1021 IS

1 (1) PROVISIONS OF TITLE 10, UNITED STATES

2 CODE.—Section 1599c of title 10, United States

3 Code, and the item relating to such section in the

4 table of sections at the beginning of chapter 81 of

5 such title are repealed.

6 (2) SECTION 2302(a)(1) OF TITLE 5, UNITED

7 STATES CODE.—Subsection (a)(1) of section 2302 of

8 title 5, United States Code, is amended to read as

9 follows:

10 ‘‘(a)(1) For the purpose of this title, ‘prohibited per11 sonnel practice’ means any action described in subsection

12 (b).’’.

13 (d) SAVINGS PROVISION.—This section shall be treat14 ed as if it had never been enacted for purposes of any

15 personnel action (within the meaning of section 2302 of

16 title 5, United States Code) preceding the date of the en17 actment of this Act.

Æ