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,’’.
SEC. 8. FAILURE TO COMPLY WITH VETERANS’ PREF-
ERENCE REQUIREMENTS TO BE TREATED AS
A PROHIBITED PERSONNEL PRACTICE FOR
CERTAIN PURPOSES.
(a) IN GENERAL.—Subsection (b) of section 2302 of
title 5, United States Code, is amended—
(1) by striking ‘‘or’’ at the end of paragraph
(10);
(2) by redesignating paragraph (11) as para-
graph (12); and
(3) by inserting after paragraph (10) the fol-
lowing:
‘‘(11)(A) knowingly take, recommend, or ap-
prove any personnel action if the taking of such ac-
tion would violate a veterans’ preference require-
ment; or
‘‘(B) knowingly fail to take, recommend, or ap-
prove any personnel action if the failure to take such
action would violate a veterans’ preference require-
ment; or’’.
(b) DEFINITION; LIMITATION.—Section 2302 of title
5, United States Code, is amended by adding at the end
the following:
‘‘(e)(1) For the purpose of this section, the term ‘vet-
erans’ preference requirement’ means any of the following
provisions of law:
‘‘(A) Sections 2108, 3305(b), 3309, 3310,
3311, 3312, 3313, 3314, 3315, 3316, 3317(b),
3318, 3320, 3351, 3352, 3363, 3501, 3502(b),
3504, and 4303(e) and (with respect to a preference
eligible referred to in section 7511(a)(1)(B)) sub-
chapter II of chapter 75 and section 7701.
‘‘(B) Sections 943(c)(2) and 1784(c) of title 10.
‘‘(C) Section 1308(b) of the Alaska National
Interest Lands Conservation Act.
‘‘(D) Section 301(c) of the Foreign Service Act
of 1980.
‘‘(E) Sections 106(f), 7281(e), and 7802(5) of
title 38.
‘‘(F) Section 1005(a) of title 39.
‘‘(G) Any other provision of law that the Direc-
tor of the Office of Personnel Management des-
ignates in regulations as being a veterans’ preference
requirement for the purposes of this subsection.
‘‘(H) Any regulation prescribed under sub-
section (b) or (c) of section 1302 and any other reg-
ulation that implements a provision of law referred
to in any of the preceding subparagraphs.
‘‘(2) Notwithstanding any other provision of this title,
no authority to order corrective action shall be available
in connection with a prohibited personnel practice de-
scribed in subsection (b)(11). Nothing in this paragraph
shall be considered to affect any authority under section
1215 (relating to disciplinary action).’’.
(c) REPEALS.—
(1) PROVISIONS OF TITLE 10, UNITED STATES
CODE.—Section 1599c of title 10, United States
Code, and the item relating to such section in the
table of sections at the beginning of chapter 81 of
such title are repealed.
(2) SECTION
2302(a)(1)
OF
TITLE
5, UNITED
STATES CODE.—Subsection (a)(1) of section 2302 of
title 5, United States Code, is amended to read as
follows:
‘‘(a)(1) For the purpose of this title, ‘prohibited per-
sonnel practice’ means any action described in subsection
(b).’’.
(d) SAVINGS PROVISION.—This section shall be treat-
ed as if it had never been enacted for purposes of any
personnel action (within the meaning of section 2302 of
title 5, United States Code) preceding the date of the en-
actment of this Act.
Passed the House of Representatives April 9, 1997.
Attest:
Clerk.