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.
‘‘§ 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
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—
‘‘(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-
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.
(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;
(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—
(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
(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:
Clerk.