‘‘(A) there is then available any individual de-
scribed in paragraph (3) who is qualified for the po-
sition; and
‘‘(B) the position—
‘‘(i) is at the same grade (or pay level) or
not more than 1 grade (or pay level) below that
of the position last held by such individual be-
fore placement in the new position; and
‘‘(ii) is within the same commuting area as
the individual’s residence or last-held position.
‘‘(3) For purposes of an agencywide priority place-
ment program, an individual shall be considered to be de-
scribed in this paragraph if such individual’s most recent
performance rating was at least fully successful (or the
equivalent), and such individual is either—
‘‘(A) a preference eligible of such agency who is
scheduled to be separated, as described in paragraph
(1)(A); or
‘‘(B) a preference eligible who became a former
employee of such agency as a result of a separation,
as described in paragraph (1)(B).
‘‘(4) A preference eligible shall cease to be eligible
to participate in a program under this subsection upon
the earlier of—
‘‘(A) the conclusion of the 12-month period be-
ginning on the date on which the preference eligible
first became eligible to participate under paragraph
(3); or
‘‘(B) the date on which the individual declines
a bona fide offer (or, if the individual does not act
on the offer, the last day for accepting such offer)
from the affected agency of a position described in
paragraph (2)(B).’’.
SEC. 4. IMPROVED REDRESS FOR VETERANS.
(a) ADMINISTRATIVE REDRESS.—Subchapter I of
chapter 33 of title 5, United States Code, is amended by
adding at the end the following:
‘‘§ 3331. Administrative redress
‘‘(a) Any preference eligible or other individual de-
scribed in section 3304(f) who alleges that an agency has
violated such individual’s rights under any statute or regu-
lation relating to veterans’ preference, or any right pro-
vided by section 3304(f), may file a complaint with the
Secretary of Labor, and the Secretary shall process such
complaint in accordance with sections 4322 and 4326 of
title 38.
‘‘(b) Any preference eligible or other individual de-
scribed in section 3304(f) may pursue an allegation de-
scribed in subsection (a) in accordance with section 4324
of title 38.
‘‘§ 3332. Judicial redress
‘‘In lieu of the administrative redress provided under
section 3331, a preference eligible or other individual de-
scribed in section 3304(f) may file an action with the ap-
propriate United States district court not later than 1 year
after the occurrence of the alleged violation.
‘‘§ 3333. Remedy
‘‘(a) If the Merit Systems Protection Board (in a pro-
ceeding under section 3331) or a court (in a proceeding
under section 3332) determines that an agency has vio-
lated a right described in section 3331, the Board or court
shall order the agency to comply with such provisions and
award compensation for any loss of wages or benefits suf-
fered by the individual by reason of the violation involved.
If the Board or court determines that such violation was
willful, it shall award an amount equal to backpay as liq-
uidated damages.
‘‘(b) A preference eligible or individual described in
section 3304(f) who prevails in an action under section
3331 or 3332 shall be awarded reasonable attorney fees,
expert witness fees, and other litigation expenses.’’.
(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:
‘‘3331. Administrative redress.
‘‘3332. Judicial redress.
‘‘3333. 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
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) AMENDMENT
TO TITLE 3, UNITED STATES
CODE.—Chapter 2 of title 3, United States Code, is
amended by adding at the end the following:
‘‘§ 115. Veterans’ preference
‘‘(a) Except as provided in subsection (b), appoint-
ments 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—
‘‘(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 shall be notified in writing of the ex-
pectation described in paragraph (2) at the time of ap-
pointment.’’
(c) LEGISLATIVE BRANCH APPOINTMENTS.—
(1) IN GENERAL.—Except as provided in para-
graph (2), appointments to positions in the legisla-
tive branch of the Government shall be made in ac-
cordance with section 2108, and sections 3309
through 3312, of title 5, United States Code.
(2) EXCLUSIONS.—Paragraph (1) shall not
apply to—
(A) an appointment made by the President
with the advice and consent of the Senate;
(B) an appointment made by a Member of
Congress or by a committee or subcommittee of
either House of Congress; or
(C) an appointment 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, United States Code, and the duties of
which are comparable to those described in sec-
tion 3132(a)(2) of such title.
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