1. Short title
This Act may be cited as the “Military Reserve Jobs Act”.
Military Reserve Jobs Act
A BILL
To amend title 5, United States Code, to improve the hiring of veterans by the Federal Government and State governments, and for other purposes.
2. Preference eligibility for members of reserve components of the armed forces appointed to competitive service; clarification of appeal rights
in paragraph (3)—
in subparagraph (G)(iii), by striking “and” at the end;
by inserting the following after subparagraph (H):
“(I) an individual who is a member of a reserve component of the armed forces:
“(i) who has—
“(I) successfully completed officer candidate training or entry level and skill training; and
“(II) incurred, or is performing, an initial period of obligated service in a reserve component of the armed forces of not less than 6 consecutive years; or
“(ii) who has completed at least 10 years of service in a reserve component of the armed forces in each of which the individual was credited with at least 50 points under section 12732 of title 10 toward the computation of years of service under section 12732 of title 10 for purposes of eligibility for retired pay under chapter 1223 of title 10; and
“(J) an individual who is—
“(i) retired from service in a reserve component of the armed forces; and
“(ii) eligible for, but has not yet commenced receipt of, retired pay for non-regular service under chapter 1223 of title 10;”
in paragraph (4)—
in subparagraph (A), by striking “or” at the end;
in subparagraph (B), by striking “and” at the end and inserting “or”; and
by adding at the end the following:
“(C) the individual is a retiree described in paragraph (3)(J);”
in paragraph (5) by striking “and” at the end; and
by adding at the end the following:
“(6) entry level and skill training has the meaning given that term in section 3301(2) of title 38; and
“(7) reserve component of the armed forces means a reserve component specified in section 101(27) of title 38.”
Tiered hiring preference for members of reserve components of the armed forces— Section 3309 of title 5, United States Code, is amended—
in paragraph (1), by striking “and” at the end; and
by striking paragraph (2) and inserting the following:
“(2) a preference eligible under subparagraph (A), (B), or (J) of section 2108(3) of this title—5 points;
“(3) a preference eligible under section 2108(3)(I)(ii) of this title—4 points; and
“(4) a preference eligible under section 2108(3)(I)(i) of this title—3 points.”
Clarification of appeal rights—
in subsection (a)(1)(A), by inserting “, including a preference eligible appointed pursuant to section 7401 of title 38 or otherwise employed by the Veterans Health Administration of the Department of Veterans Affairs,” after “A preference eligible”; and
in subsection (d)(1), by inserting “, including a complaint so filed by a preference eligible appointed pursuant to section 7401 of title 38 or otherwise employed by the Veterans Health Administration,” after “If the Secretary of Labor is unable to resolve a complaint under subsection (a)”.
Coordination rule— Section 3330a of title 5, United States Code, is amended by adding at the end the following new subsection:
“(f) If any part of this section is deemed to be inconsistent with any provision of chapter 74 of title 38, this section shall be deemed to supersede, override or otherwise modify such provision of chapter 74 of title 38.”