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 op-
portunity to compete for an announced vacant position
within an agency, in the competitive service or the ex-
cepted 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 agen-
cy from filling a vacant position (whether by appointment
or otherwise) solely from individuals on a priority place-
ment list consisting of individuals who have been sepa-
rated from the agency due to a reduction in force and sur-
plus 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, ex-
cluding 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 sub-
section (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 re-
spect 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) re-
ferred to such positions during such period; and
‘‘(3) the number of preference eligibles and
other individuals described in section 3304(f)(1) ap-
pointed 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 ap-
plications are being or will soon be accepted and for
which competition is restricted to individuals having
competitive status or employees of such agency, ex-
cluding 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 applica-
bility 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 ELIGI-
BLES IN REDUCTIONS IN FORCE.
Section 3502 of title 5, United States Code, as
amended by section 1034 of the National Defense Author-
ization Act for Fiscal Year 1996 (Public Law 104–106;
110 Stat. 430), is amended by adding at the end the fol-
lowing:
‘‘(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 essen-
tial 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 an-
other 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 posi-
tions.
‘‘(2) For purposes of paragraph (1)—
‘‘(A) a preference eligible shall be considered
qualified to perform the essential functions of a posi-
tion if, by reason of experience, training, or edu-
cation (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 consid-
ered unqualified solely because such preference eligi-
ble does not meet the minimum qualification require-
ments relating to previous experience in a specified
grade (or occupational level), if any, that are estab-
lished 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 perform-
ance 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 conduct-
ing the reduction in force—
‘‘(1) for which such preference eligible is quali-
fied under subsection (g)(2)—
‘‘(A) that is within the preference eligible’s
commuting area and at the same grade (or oc-
cupational level) as the position from which the
preference eligible was released, and that is
then occupied by an individual, other than an-
other preference eligible, who was placed in
such position (whether by appointment or oth-
erwise) 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 po-
sition, 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 eli-
gible, 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 quali-
fied that is within the preference eligible’s competi-
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
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—
‘‘(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-
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.
‘‘(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
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-