HR 1157

HR 1157 IH

To amend title 5, United States Code, to establish certain protections for preference eligibles selected for involuntary geographic reassignment.

February 24, 2009

Ms. HERSETH SANDLIN introduced the following bill; which was referred to the Committee on Oversight and Government Reform

To amend title 5, United States Code, to establish certain protections for preference eligibles selected for involuntary geographic reassignment.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Veterans Reassignment Protection Act’.

SEC. 2. PROTECTIONS FOR PREFERENCE ELIGIBLES SELECTED FOR INVOLUNTARY GEOGRAPHIC REASSIGNMENT.

(a) In General- Section 3502 of title 5, United States Code, is amended by adding at the end the following:

‘(g)(1) A preference eligible may not be involuntarily separated for failing to accept a directed reassignment to a position outside the commuting area of the preference eligible concerned or to accompany a position outside of such area pursuant to a transfer of function unless such preference eligible--

‘(A) receives written notice of the reassignment (together with notice of the rights afforded by subparagraph (B) and paragraph (2)) at least 30 days before the effective date of the reassignment; and

‘(B) is allowed to elect to have the selection of employees for release conducted in the same manner as would be required under subsection (a) in the case of a reduction in force.

‘(2) A preference eligible involuntarily separated in the circumstances described in paragraph (1) (in the matter before subparagraph (A) thereof) is entitled to appeal to the Merit Systems Protection Board under section 7701 any failure to comply with the requirements of this subsection.

‘(3) For purposes of this subsection, the term ‘preference eligible’ includes a preference eligible serving in or under the United States Postal Service.’.

(b) Technical Amendment- The first sentence of section 3501(b) of such title is amended by striking ‘and section 3504’ and inserting ‘, section 3502(g)(3), and section 3504’.