I
104TH CONGRESS
2D SESSION
H. R. 3586
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
A BILL
To amend title 5, United States Code, to strengthen veter-
ans’ preference, to increase employment opportunities for
veterans, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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) A preference eligible or an individual who has
been separated from the armed forces under honorable
conditions after 4 or more years of active service shall not
be denied the opportunity to compete for a vacant position
within an agency, in the competitive service or the ex-
cepted service, by reason of—
‘‘(1) not having acquired competitive status; or
‘‘(2) not being an employee of such agency.’’.
(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.’’.
(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 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 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 minimum competitive level shall consist of all such po-
sitions for which the preference eligible is qualified.
‘‘(2) A preference eligible shall be considered quali-
fied to perform the essential functions of a position if, by
reason of experience, training, or education, a reasonable
person could conclude that the preference eligible would
be able to perform those functions successfully within a
period of 270 days. A preference eligible shall not be con-
sidered unqualified solely because he fails to meet mini-
mum qualifications relating to the grade (or occupational
level) of required previous experience established for such
position by the Office of Personnel Management or the
agency.
‘‘(h) A preference eligible whose current or most re-
cent 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 for which he
is qualified under subsection (g)(2)—
‘‘(1) that is within the preference eligible’s com-
muting area and that is then occupied by an individ-
ual, 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) that is within the preference eligible’s com-
petitive area and that is not more than 3 grades (or
appropriate grade intervals or equivalent) below the
position from which the preference eligible was re-
leased, except that, in the case of a preference eligi-
ble with a compensable service-connected disability
of 30 percent or more, this paragraph shall be ap-
plied 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 the position
requiring the least (or no) reduction in basic pay.
‘‘(i) A preference eligible may challenge the classifica-
tion of any position to which the preference eligible asserts
assignment rights in an action before the Merit Systems
Protection Board.
‘‘(j)(1) As soon as practicable 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 reduc-
tion 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 or by the appoint-
ment or transfer of any individual other than a preference
eligible from within that agency if—