Page:United States Statutes at Large Volume 110 Part 3.djvu/1011

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PUBLIC LAW 104-201—SEPT. 23, 1996 110 STAT. 2741 (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "1599c. Veterans' preference requirements: Department of Defense failure to comply treated as a prohibited personnel practice.". (b) APPLICABILITY OF TITLE 5 PROCEDURES AND SANCTIONS.— Paragraph (1) of section 2302(a) of title 5, United States Code, is amended to read as follows: "(1) For purposes of this title, 'prohibited personnel practice' means the following: "(A) Any action described in subsection (b) of this section. "(B) Any action or failure to act that is designated as a prohibited personnel action under section 1599c(a) of title 10.". (c) REPORTING REQUIREMENT. — Not later than six months after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a written report on— (1) the implementation of— (A) section 1599c of title 10, United States Code, as added by subsection (a); and (B) subparagraph (B) of section 2302(a)(1) of title 5, United States Code, as added by subsection (b); and (2) the administration of veterans' preference requirements by the Department of Defense generally. SEC. 1616. PILOT PROGRAMS FOR DEFENSE EMPLOYEES CONVERTED 5 USC 8331 note. TO CONTRACTOR EMPLOYEES DUE TO PRIVATIZATION AT CLOSED MILITARY INSTALLATIONS. (a) PILOT PROGRAMS AUTHORIZED.— (1) The Secretary of Defense, after consultation with the Director of the Office of Personnel Management, may establish one or more pilot programs under which Federal retirement benefits are provided in accordance with this section to persons who convert from Federal employment to employment by a Department of Defense contractor in connection with the privatization of the performance of functions at selected military installations being closed under the base closure and realignment process. (2) The Secretary of Defense shall select the military installations to be covered by a pilot program under this section. (b) ELIGIBLE CONVERTED EMPLOYEES.— (1) A person is a converted employee eligible for Federal retirement benefits under this section if the person is a former employee of the Department of Defense (other than a temporary employee) who— (A) while employed by the Department of Defense at a military installation selected to participate in a pilot program, performed a function that was recommended, in a report of the Defense Base Closure and Realignment Commission submitted to the President under the Defense Base Closure and Realignment Act of 1990 (title XXIX of Public Law 101- 510; 10 U.S.C. 2687 note), to be privatized for performance by a defense contractor at the same installation or in the vicinity of the installation; (B) while so employed, separated from Federal service after being notified that the employee would be separated in a reduction in force resulting from such privatization; (C) at the time separated from Federal service, was covered under the Civil Service Retirement System, but was not eligible