Page:United States Statutes at Large Volume 112 Part 5.djvu/427

This page needs to be proofread.


PUBLIC LAW 105-339 —OCT. 31, 1998 112 STAT. 3185 SEC. 4. 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 Office;" and inserting "or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive 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 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 and the duties of which are comparable to those described 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 position; or "(B) a position for which political affiliation or political philosophy is otherwise an important qualification; and "(2) that any individual selected for such position 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 expectation, in writing, at the time of appointment to such position.". (2) CLERICAL AMENDMENT.—The table of sections 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 "covered employee" ana "Board" shall each have the meaning given such term by section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301). (2) RIGHTS AND PROTECTIONS. —The rights and protections established under section 2108, sections 3309 through 3312, and subchapter I of chapter 35, of title 5, United States Code, shall apply to covered employees. (3) REMEDIES.— (A) IN GENERAL. —The remedy for a violation of paragraph (2) shall be such remedy as would be appropriate if awarded under applicable provisions of title 5, United States Code, in the case of a violation of the relevant corresponding provision (referred to in paragraph (2)) of such title. (B) PROCEDURE.— The procedure for consideration of alleged violations of paragraph (2) shall be the same as Notification. 2 USC 1316a.