veterans and preference eligibles

veterans and preference eligibles Sec. 307. (a) Effective beginning October 1, 1980, section 2108 of title 5, United States Code, is amended— (1) by striking out “and” at the end of paragraph (2); (2) by inserting in paragraph (3) after “means” the following: “, except as provided in paragraph (4) of this section”; (3) by striking out the period at the end of paragraph (3) and inserting in lieu thereof a semicolon; and (4) by adding at the end thereof the following new paragraphs: “(4) except for the purposes of chapters 43 and 75 of this title, ‘preference eligible’ does not include a retired member of the armed forces unless.— “(A) the individual is a disabled veteran; or “(B) the individual retired below the rank of major or its equivalent; and “(5) ‘retired member of the armed forces’ means a member or former member of the armed forces who is entitled, under statute, to retired, retirement, or retainer pay on account of service as a member.”. (b) (1) Chapter 31 of title 5, United States Code, is amended by adding at the end thereof the following new section: “§3112. Disabled veterans; noncompetitive appointment “Under such regulations as the Office of Personnel Management shall prescribe, an agency may make a noncompetitive appointment leading to conversion to career or career-conditional employment of a disabled veteran who has a compensable service-connected disability of 30 percent or more.” (2) The Director of the Office of Personnel Management shall include in the reports required by section 2014(d) of title 38, United States Code, the same type of information regarding the use of the92 STAT. 1148 authority provided in section 3112 of title 5, United States Code (as added by paragraph (1) of this subsection), as is required by such section 2014 with respect to the use of the authority to make veterans readjustment appointments. (3) The analysis of chapter 31 of title 5, United States Code, is amended by adding at the end thereof the following new item: “3112. Disabled veterans; noncompetitive appointment.”. (c) Section 3312 of title 5, United States Code, is amended— (1) by inserting “(a)” before “In” ; and (2) by adding at the end thereof the following new subsection: “(b) If an examining agency determines that , on the basis of evidence before it, a preference eligible under section 2108(3) (C) of this title who has a compensable service-connected disability of 30 percent or more is not able to fulfill the physical requirements of the position, the examining agency shall notify the Office of the determination and, at the same time, the examining agency shall notify the preference eligible of the reasons for the determination and of the right to respond, within 15 days of the date of the notification, to the Office. The Office shall require a demonstration by the appointing authority that the notification was timely sent to the preference eligible’s last known address and shall, before the selection of any other person for the position, make a final determination on the physical ability of the preference eligible to perform the duties of the position, taking into account any additional information provided in any such response. When the Office has completed its review of the proposed disqualification on the basis of physical disability, it shall send its findings to the appointing authority and the preference eligible. The appointing authority shall comply with the findings of the Office. The functions of the Office under this subsection may not be delegated.”. (d) Section 3318(b) of title 5, United States Code, is amended to read as follows: “(b) (1) If an appointing authority proposes to pass over a preference eligible on a certificate in order to select an individual who is not a preference eligible, such authority shall file written reasons with the Office for passing over the preference eligible. The Office shall make the reasons presented by the appointing authority part of the record of the preference eligible and may require the submission of more detailed information from the appointing authority in support of the passing over of the preference eligible. The Office shall determine the sufficiency or insufficiency of the reasons submitted by the appointing authority, taking into account any response received from the preference eligible under paragraph (2) of this subsection. When the Office has completed its review of the proposed passover, it shall send its findings to the appointing authority and to the preference eligible. The appointing authority shall comply with the findings of the Office. “(2) In the case of a preference eligible described in section 2108 (3) (C) of this title who has a compensable service-connected disability of 30 percent or more, the appointing authority shall at the same time it notifies the Office under paragraph (1) of this Subsection, notify the preference eligible of the proposed passover, of the reasons therefor, and of his right to respond to such reasons to the Office within 15 days of the date of such notification. The Office shall, before completing its review under paragraph (1) of this subsection, require a demonstration by the appointing authority that the passover notification was timely sent to the preference eligible’s last known address. 92 STAT. 1149 “(3) A preference eligible not described in paragraph (2) of this subsection, or his representative, shall be entitled, on request, to a copy of— “(A) the reasons submitted by the appointing authority in support of the proposed passover, and “(B) the findings of the Office. “(4) In the case of a preference eligible described in paragraph (2) of this subsection, the functions of the Office under this subsection may not be delegated.”. (e) Section 3502 of title 5, United States Code, is amended by striking out subsection (b) and inserting in lieu thereof the following new subsections: “(b) A preference eligible described in section 2108(3) (C) of this title who has a compensable service-connected disability of 30 percent or more and whose performance has not been rated unacceptable under a performance appraisal system implemented under chapter 43 of this title is entitled to be retained in preference to other preference eligibles. “(c) An employee who is entitled to retention preference and whose performance has not been rated unacceptable under a performance appraisal system implemented under chapter 43 of this title is entitled to be retained in preference to other competing employees.”. (f) Section 3503 of title 5, United States Code, is amended by striking, out in subsection (a) and (b) “each preference eligible employee” and inserting in lieu thereof “each competing employee” both places it appears. (g) Section 3504 of title 5, United States Code, is amended— (1) by inserting “(a)” before “In”; and (2) by adding at the end thereof the following new subsection: “(b) If an examining agency determines that, on the basis of evidence before it, a preference eligible described in section 2108(3)(C) of this title who has a compensable service-connected disability of 30 percent or more is not able to fulfill the physical requirements of the position, the examining agency shall notify the Office of the determination and, at the same time, the examining agency shall notify the preference eligible of the reasons for the determination and of the right to respond, within 15 days of the date of the notification, to the Office. The Office shall require a demonstration by the appointing authority that the notification was timely sent to the preference eligible’s last known address and shall, before the selection of any other person for the position, make a final determination on the physical ability of the preference eligible to perform the duties of the position, taking into account any additional information provided in the response. When the Office has completed its review of the proposed disqualification on the basis of physical disability, it shall send its findings to the appointing authority and the preference eligible. The appointing authority shall comply with the findings of the Office. The functions of the Office under this subsection may not be delegated.”. (h) (1) Section 3319 of chapter 33 of title 5, United States Code, is repealed. (2) The analysis for chapter 33 of title 5, United States Code, is amended by striking out the item relating to section 3319.