Home > 104th Congressional Bills > S. 868 (es) To provide authority for leave transfer for Federal employees who are adversely affected by disasters or emergencies, and for other purposes. [Engrossed in Senate] ...

S. 868 (es) To provide authority for leave transfer for Federal employees who are adversely affected by disasters or emergencies, and for other purposes. [Engrossed in Senate] ...


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104th CONGRESS

  2d Session

                                 S. 868

_______________________________________________________________________

                               AMENDMENT
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    

                In the House of Representatives, U. S.,

                                                    September 25, 1996.

    Resolved, That the bill from the Senate (S. 868) entitled ``An Act to 
provide authority for leave transfer for Federal employees who are adversely 
affected by disasters or emergencies, and for other purposes'', do pass with the 
following

                               AMENDMENT:

    Strike out all after the enacting clause, and insert:

                   TITLE I--EMERGENCY LEAVE TRANSFERS

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Federal Employees Emergency Leave 
Transfer Act of 1996''.

SEC. 102. AUTHORITY.

    (a) In General.--Chapter 63 of title 5, United States Code, is 
amended by adding after subchapter V the following new subchapter:

      ``SUBCHAPTER VI--LEAVE TRANSFER IN DISASTERS AND EMERGENCIES

``Sec. 6391. Authority for leave transfer program in disasters and 
              emergencies
    ``(a) For the purpose of this section--
            ``(1) `employee' means an employee as defined in section 
        6331(1); and
            ``(2) `agency' means an Executive agency.
    ``(b) In the event of a major disaster or emergency, as declared by 
the President, that results in severe adverse effects for a substantial 
number of employees, the President may direct the Office of Personnel 
Management to establish an emergency leave transfer program under which 
any employee in any agency may donate unused annual leave for transfer 
to employees of the same or other agencies who are adversely affected 
by such disaster or emergency.
    ``(c) The Office of Personnel Management shall establish 
appropriate requirements for the operation of the emergency leave 
transfer program under subsection (b), including appropriate 
limitations on the donation and use of annual leave under the program. 
An employee may receive and use leave under the program without regard 
to any requirement that any annual leave and sick leave to a leave 
recipient's credit must be exhausted before any transferred annual 
leave may be used.
    ``(d) A leave bank established under subchapter IV may, to the 
extent provided in regulations prescribed by the Office of Personnel 
Management, donate annual leave to the emergency leave transfer program 
established under subsection (b).
    ``(e) Except to the extent that the Office of Personnel Management 
may prescribe by regulation, nothing in section 7351 shall apply to any 
solicitation, donation, or acceptance of leave under this section.
    ``(f) The Office of Personnel Management shall prescribe 
regulations necessary for the administration of this section.''.
    (b) Clerical Amendment.--The analysis for chapter 63 of title 5, 
United States Code, is amended by adding at the end thereof the 
following:

      ``SUBCHAPTER VI--LEAVE TRANSFER IN DISASTERS AND EMERGENCIES

``6391. Authority for leave transfer program in disasters and 
                            emergencies''.

SEC. 103. EFFECTIVE DATE.

    The amendments made by section 102 shall take effect on the date of 
enactment of this Act.

                     TITLE II--VETERANS' PREFERENCE

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Veterans Employment Opportunities 
Act of 1996''.

SEC. 202. 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 opportunity to compete for an announced vacant position 
within an agency, in the competitive service or the excepted 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 agency from 
filling a vacant position (whether by appointment or otherwise) solely 
from individuals on a priority placement list consisting of individuals 
who have been separated from the agency due to a reduction in force and 
surplus 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, excluding 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 subsection (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 respect 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) referred to such 
        positions during such period; and
            ``(3) the number of preference eligibles and other 
        individuals described in section 3304(f)(1) appointed 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 applications are being 
        or will soon be accepted and for which competition is 
        restricted to individuals having competitive status or 
        employees of such agency, excluding 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 applicability 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)''.
    (d) Provisions Relating to the United States Postal Service.--
            (1) In general.--Subsection (a) of section 1005 of title 
        39, United States Code, is amended by adding at the end the 
        following:
    ``(5)(A) The provisions of section 3304(f) of title 5 shall apply 
with respect to the Postal Service in the same manner and under the 
same conditions as if the Postal Service were an agency within the 
meaning of such provisions.
    ``(B) Nothing in this subsection shall be considered to require 
that the Postal Service accept an application from a preference 
eligible or any other individual described in paragraph (1) of such 
section 3304(f), who is not an employee of the Postal Service, if--
            ``(i) the vacant position involved is advertised for bids 
        pursuant to a collective-bargaining agreement;
            ``(ii) the collective-bargaining agreement restricts 
        competition for such position to individuals employed in the 
        specific bargaining unit or facility within the Postal Service 
        in which the position is located;
            ``(iii) the collective-bargaining agreement provides that 
        the successful bid shall be selected solely on the basis of 
        seniority; and
            ``(iv) selection does not result in a promotion or change 
        in duties for the successful bidder.
    ``(C) The provisions of this paragraph shall not be modified by any 
program developed under section 1004 of this title or any collective-
bargaining agreement entered into under chapter 12 of this title.''.
            (2) Conforming amendment.--The first sentence of section 
        1005(a)(2) of title 39, United States Code, is amended by 
        striking ``title.'' and inserting ``title, subject to paragraph 
        (5) of this subsection.''.

SEC. 203. SPECIAL PROTECTIONS FOR PREFERENCE ELIGIBLES IN REDUCTIONS IN 
              FORCE.

    (a) In General.--Section 3502 of title 5, United States Code, as 
amended by section 1034 of the National Defense Authorization Act for 
Fiscal Year 1996 (Public Law 104-106; 110 Stat. 430), is amended by 
adding at the end the following:
    ``(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 essential 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 another 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 positions.
    ``(2) For purposes of paragraph (1)--
            ``(A) a preference eligible shall be considered qualified 
        to perform the essential functions of a position if, by reason 
        of experience, training, or education (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 considered 
        unqualified solely because such preference eligible does not 
        meet the minimum qualification requirements relating to 
        previous experience in a specified grade (or occupational 
        level), if any, that are established 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 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 within the agency 
conducting the reduction in force--
            ``(1) for which such preference eligible is qualified under 
        subsection (g)(2)--
                    ``(A) that is within the preference eligible's 
                commuting area and at the same grade (or occupational 
                level) as the position from which the preference 
                eligible was released, and that is then occupied by an 
                individual, other than another preference eligible, who 
                was placed in such position (whether by appointment or 
                otherwise) 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 position, 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 eligible, 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 qualified that 
        is within the preference eligible's competitive 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 assignment to 
more than 1 position under this subsection, the agency shall assign the 
preference eligible to any such position requiring no reduction (or, if 
there is no such position, the least reduction) in basic pay. A 
position shall not, with respect to a preference eligible, be 
considered to satisfy the requirements of paragraph (1) or (2), as 
applicable, 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 classification of any 
position to which the preference eligible asserts assignment rights (as 
provided by, or prescribed by regulations 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 facilitate employment placement for 
employees who--
            ``(A)(i) are scheduled to be separated from service due to 
        a reduction in force under--
                    ``(I) regulations prescribed under this section; or
                    ``(II) procedures established under section 3595; 
                or
            ``(ii) are separated from service due to such a reduction 

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