1996 US Code
Title 10 - ARMED FORCES
Subtitle A - General Military Law
PART II - PERSONNEL
CHAPTER 81 - CIVILIAN EMPLOYEES
Sec. 1599c - Veterans’ preference requirements: Department of Defense failure to comply treated as a prohibited personnel practice

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§1599c. Veterans’ preference requirements: Department of Defense failure to comply treated as a prohibited personnel practice

(a) Prohibited Personnel Practice.—It is a prohibited personnel practice for a person referred to in subsection (b) who has authority described in that subsection—

(1) knowingly to take, recommend, or approve any personnel action with respect to such authority if the taking of such action violates a veterans’ preference; or

(2) knowingly to fail to take, recommend, or approve any personnel action with respect to such authority, if the failure to take such action violates a veterans’ preference.

(b) Persons Covered.—Subsection (a) applies with respect to—

(1) an officer or employee of the Department of Defense who has authority to take, direct others to take, recommend, or approve a personnel action with respect to an employee of the Department of Defense; and

(2) a member of the armed forces who has such authority.

(c) Veterans’ Preference Defined.—(1) In this section, the term “veterans’ preference” means any of the following provisions of law:

(A) Sections 2108, 3305(b), 3309, 3310, 3311, 3312, 3313, 3314, 3315, 3316, 3317(b), 3318, 3320, 3351, 3352, 3363, 3501, 3502(b), 3504, and 4303(e) of title 5 and (with respect to a preference eligible referred to in section 7511(a)(1)(B) of such title) subchapter II of chapter 75 and section 7701 of such title.

(B) Sections 943(c)(2) and 1784(c) of this title.

(C) Section 1308(b) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3198(b)).

(D) Section 301(c) of the Foreign Service Act of 1980 (22 U.S.C. 3941(c)).

(E) Section 3(a)(11) of the Administrative Office of the United States Courts Personnel Act of 1990 (28 U.S.C. 602 note).

(F) Sections 106(f),1 7281(e), and 7802(5) of title 38.

(G) Section 1005(a) of title 39.

(H) Any other provision of law that the Director of the Office of Personnel Management designates in regulations as being a veterans’ preference for the purposes of this section.

(2) For the purposes of this section, such term includes any regulation prescribed under subsection (b) or (c) of section 1302 of title 5 and any other regulation that implements a provision of law referred to in paragraph (1).

(d) Personnel Action Defined.—In this section, the term “personnel action” has the meaning given that term in section 2302 of title 5.

(Added Pub. L. 104–201, div. A, title XVI, §1615(a)(1), Sept. 23, 1996, 110 Stat. 2740.)

References in Text

Section 3(a)(11) of the Administrative Office of the United States Courts Personnel Act of 1990, referred to in subsec. (c)(1)(E), is section 3(a)(11) of Pub. L. 101–474, which is set out in a note under section 602 of Title 28, Judiciary and Judicial Procedure.

Section Referred to in Other Sections

This section is referred to in title 5 section 2302.