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tive 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 assign-
ment to more than 1 position under this subsection, the
agency shall assign the preference eligible to any such po-
sition requiring no reduction (or, if there is no such posi-
tion, the least reduction) in basic pay. A position shall not,
with respect to a preference eligible, be considered to sat-
isfy the requirements of paragraph (1) or (2), as applica-
ble, 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 classifica-
tion of any position to which the preference eligible asserts
assignment rights (as provided by, or prescribed by regula-
tions 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
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establish an agencywide priority placement program to fa-
cilitate employment placement for employees who—
‘‘(A)(i) are scheduled to be separated from serv-
ice due to a reduction in force under—
‘‘(I) regulations prescribed under this sec-
tion; 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 perform-
ance rating of record used for retention purposes; or
‘‘(ii) occupy positions excluded from a perform-
ance appraisal system by law, regulation, or admin-
istrative 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 re-
employment to any individual) be filled by the appoint-
ment or transfer of any individual from outside of that
agency (other than an individual described in subpara-
graph (B)) if—
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‘‘(i) there is then available any individual de-
scribed 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 place-
ment program, an individual shall be considered to be de-
scribed 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 em-
ployee of such agency as a result of a separation, as
described in paragraph (1)(A)(ii), excluding any in-
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dividual 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 Gov-
ernment 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 in-
clude 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’ pref-
erence subgroup and tenure group.
‘‘(B) An agency may not pass over a qualified present
or former employee to select an individual in a lower veter-
ans’ preference subgroup within the tenure group, or in
a lower tenure group.
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‘‘(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 prior-
ity 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 sepa-
rated under this section retains eligibility for positions
with a higher representative rate up to the rate of the indi-
vidual’s last position.
‘‘(7) Whenever more than one individual is qualified
for a position under this subsection, the agency shall select
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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:
‘‘§ 3330a. Administrative redress
‘‘(a)(1) Any preference eligible or other individual de-
scribed 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 accord-
ance with such procedures as the Merit Systems Protec-
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pealable to the Board under any other law, rule, or regula-
tion, in lieu of administrative redress under this section.
‘‘§ 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 elec-
tion 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.
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‘‘§ 3330c. Remedy
‘‘(a) If the Merit Systems Protection Board (in a pro-
ceeding under section 3330a) or a court (in a proceeding
under section 3330b) determines that an agency has vio-
lated a right described in section 3330a, the Board or
court (as the case may be) shall order the agency to com-
ply with such provisions and award compensation for any
loss of wages or benefits suffered by the individual by rea-
son of the violation involved. If the Board or court deter-
mines that such violation was willful, it shall award an
amount equal to backpay as liquidated damages.
‘‘(b) A preference eligible or other individual de-
scribed 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 ex-
penses.’’.
(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 sec-
tion 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
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of Investigation and Drug Enforcement Administration
Senior Executive Service, or the General Accounting Of-
fice;’’ and inserting ‘‘or the Federal Bureau of Investiga-
tion and Drug Enforcement Administration Senior Execu-
tive 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:
‘‘§ 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 appoint-
ment 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 de-
scribed 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—
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‘‘(A) a confidential or policy-making posi-
tion; or
‘‘(B) a position for which political affili-
ation or political philosophy is otherwise an im-
portant qualification; and
‘‘(2) that any individual selected for such posi-
tion 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 expec-
tation, in writing, at the time of appointment to such posi-
tion.’’.
(2) CLERICAL AMENDMENT.—The table of sec-
tions 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 mean-
ing given such term by section 101 of the Congres-
sional Accountability Act of 1995 (2 U.S.C. 1301).
(2) RIGHTS
AND
PROTECTIONS.—The rights
and protections established under section 2108, sec-
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tions 3309 through 3312, and subchapter I of chap-
ter 35, of title 5, United States Code, shall apply to
covered employees.
(3) REMEDIES.—
(A) IN GENERAL.—The remedy for a viola-
tion of paragraph (2) shall be such remedy as
would be appropriate if awarded under applica-
ble provisions of title 5, United States Code, in
the case of a violation of the relevant cor-
responding provision (referred to in paragraph
(2)) of such title.
(B) PROCEDURE.—The procedure for con-
sideration 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
SUB-
SECTION.—
(A) IN GENERAL.—The Board shall, pur-
suant to section 304 of the Congressional Ac-
countability Act of 1995 (2 U.S.C. 1384), issue
regulations to implement this subsection.
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(B) AGENCY REGULATIONS.—The regula-
tions issued under subparagraph (A) shall be
the same as the most relevant substantive regu-
lations (applicable with respect to the executive
branch) promulgated to implement the statu-
tory provisions referred to in paragraph (2) ex-
cept insofar as the Board may determine, for
good cause shown and stated together with the
regulation, that a modification of such regula-
tions would be more effective for the implemen-
tation of the rights and protections under this
subsection.
(C) COORDINATION.—The regulations is-
sued under subparagraph (A) shall be consist-
ent with section 225 of the Congressional Ac-
countability 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;
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(B) whose appointment is made by a Mem-
ber of Congress or by a committee or sub-
committee of either House of Congress; or
(C) who is appointed to a position, the du-
ties 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 regu-
lations 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 para-
graph (2), reductions in force in the judicial branch
of the Government shall provide preference eligibles
with protections substantially similar to those pro-
vided under subchapter I of chapter 35 of title 5,
United States Code.
(3) EXCLUSIONS.—Paragraphs (1) and (2)
shall not apply to—
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(A) an appointment made by the Presi-
dent, with the advice and consent of the Senate;
(B) an appointment as a judicial officer;
(C) an appointment as a law clerk or sec-
retary to a justice or judge of the United
States; or
(D) an appointment to a position, the du-
ties 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 Con-
ference of the United States shall prescribe regula-
tions under which redress procedures (substantially
similar to the procedures established by the amend-
ments made by section 4) shall be available for al-
leged violations of any rights provided by this sub-
section.
(5) DEFINITIONS.—For purposes of this sub-
section—
(A) the term ‘‘judicial officer’’ means a
justice, judge, or magistrate judge listed in sub-
paragraph (A), (B), (F), or (G) of section
376(a)(1) of title 28, United States Code; and
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(B) the term ‘‘justice or judge of the Unit-
ed States’’ has the meaning given such term by
section 451 of such title 28.
SEC. 6. VETERANS’ PREFERENCE REQUIRED FOR REDUC-
TIONS 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 para-
graph (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 re-
late to veterans’ preference.’’.
SEC. 7. DEFINITIONAL AMENDMENT.
Subparagraph (A) of section 2108(1) of title 5, Unit-
ed States Code, is amended by inserting ‘‘during a mili-
tary 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 require-
ments that may be prescribed in regulations of the Sec-
retary of Defense,’’ after ‘‘for which a campaign badge
has been authorized,’’.
Passed the House of Representatives July 30, 1996.
Attest:
ROBIN H. CARLE,
Clerk.