Calendar No. 592

105TH CONGRESS

2D SESSION S. 1021

[Report No. 105–340]

A BILL

To amend title 5, United States Code, to provide

the competitive service, and for other purposes.erence eligibles applying for certain positions inthat consideration may not be denied to prefSEPTEMBER 21, 1998

Reported with an amendment
II

Calendar No. 592

105TH CONGRESS

2D SESSION S. 1021

[Report No. 105–340]

To amend title 5, United States Code, to provide that consideration may

not be denied to preference eligibles applying for certain positions in

the competitive service, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 16, 1997

Mr. HAGEL (for himself, Mr. CLELAND, Mr. HUTCHINSON, Mr. DORGAN, Mr.

BURNS, Mr. ROTH, Mr. FAIRCLOTH, Mr. HELMS, Mr. MOYNIHAN, Ms.

LANDRIEU, Mr. REID, Mr. CAMPBELL, Mr. MCCAIN, Mr. BIDEN, Mr.

LOTT, Mr. KERREY, Mr. INHOFE, Mr. WARNER, Mr. DASCHLE, Mrs.

MURRAY, Mr. TORRICELLI, Mr. FRIST, Mrs. HUTCHISON, Mr. BINGAMAN, Mr. DEWINE, and Ms. SNOWE) introduced the following bill; which

was read twice and referred to the Committee on Veterans’ Affairs

SEPTEMBER 21, 1998

Reported by Mr. SPECTER, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To amend title 5, United States Code, to provide that consideration may not be denied to preference eligibles applying

for certain positions in the competitive service, and for

other purposes.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Veterans Employment

5 Opportunities Act of 1997’’.

6 SEC. 2. EQUAL ACCESS FOR VETERANS.

7 (a) COMPETITIVE SERVICE.—Section 3304 of title 5,

8 United States Code, is amended by adding at the end the

9 following:

10 ‘‘(f)(1) No preference eligible, and no individual

11 (other than a preference eligible) who has been separated

12 from the armed forces under honorable conditions after

13 3 or more years of active service, shall be denied the op14 portunity to compete for an announced vacant position

15 within an agency, in the competitive service or the ex16 cepted service, by reason of—

17 ‘‘(A) not having acquired competitive status; or

18 ‘‘(B) not being an employee of such agency.

19 ‘‘(2) Nothing in this subsection shall prevent an agen20 cy from filling a vacant position (whether by appointment

21 or otherwise) solely from individuals on a priority place22 ment list consisting of individuals who have been sepa23 rated from the agency due to a reduction in force and sur24 plus employees (as defined under regulations prescribed

25 by the Office).’’.
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1 (b) CIVIL SERVICE EMPLOYMENT INFORMATION.—

2 (1) VACANT POSITIONS.—Section 3327(b) of

3 title 5, United States Code, is amended by striking

4 ‘‘and’’ at the end of paragraph (1), by redesignating

5 paragraph (2) as paragraph (3), and by inserting

6 after paragraph (1) the following:

7 ‘‘(2) each vacant position in the agency for

8 which competition is restricted to individuals having

9 competitive status or employees of such agency, ex10 cluding any position under paragraph (1), and’’.

11 (2) ADDITIONAL INFORMATION.—Section 3327

12 of title 5, United States Code, is amended by adding

13 at the end the following:

14 ‘‘(c) Any notification provided under this section

15 shall, for all positions under subsection (b)(1) as to which

16 section 3304(f) applies and for all positions under sub17 section (b)(2), include a notation as to the applicability

18 of section 3304(f) with respect thereto.

19 ‘‘(d) In consultation with the Secretary of Labor, the

20 Office shall submit to Congress and the President, no less

21 frequently than every 2 years, a report detailing, with re22 spect to the period covered by such report—

23 ‘‘(1) the number of positions listed under this

24 section during such period;
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1 ‘‘(2) the number of preference eligibles and

2 other individuals described in section 3304(f)(1) re3 ferred to such positions during such period; and

4 ‘‘(3) the number of preference eligibles and

5 other individuals described in section 3304(f)(1) ap6 pointed to such positions during such period.’’.

7 (c) GOVERNMENTWIDE LISTS.—

8 (1) VACANT POSITIONS.—Section 3330(b) of

9 title 5, United States Code, is amended to read as

10 follows:

11 ‘‘(b) The Office of Personnel Management shall cause

12 to be established and kept current—

13 ‘‘(1) a comprehensive list of all announcements

14 of vacant positions (in the competitive service and

15 the excepted service, respectively) within each agency

16 that are to be filled by appointment for more than

17 1 year and for which applications are being or will

18 soon be accepted from outside the agency’s work

19 force; and

20 ‘‘(2) a comprehensive list of all announcements

21 of vacant positions within each agency for which ap22 plications are being or will soon be accepted and for

23 which competition is restricted to individuals having

24 competitive status or employees of such agency, ex-
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1 cluding any position required to be listed under

2 paragraph (1).’’.

3 (2) ADDITIONAL INFORMATION.—Section

4 3330(c) of title 5, United States Code, is amended

5 by striking ‘‘and’’ at the end of paragraph (2), by

6 redesignating paragraph (3) as paragraph (4), and

7 by inserting after paragraph (2) the following:

8 ‘‘(3) for all positions under subsection (b)(1) as

9 to which section 3304(f) applies and for all positions

10 under subsection (b)(2), a notation as to the applica11 bility of section 3304(f) with respect thereto; and’’.

12 (3) CONFORMING AMENDMENT.—Section

13 3330(d) of title 5, United States Code, is amended

14 by striking ‘‘The list’’ and inserting ‘‘Each list

15 under subsection (b)’’.

16 (d) PROVISIONS RELATING TO THE UNITED STATES

17 POSTAL SERVICE.—

18 (1) IN GENERAL.—Subsection (a) of section

19 1005 of title 39, United States Code, is amended by

20 adding at the end the following:

21 ‘‘(5)(A) The provisions of section 3304(f) of title 5

22 shall apply with respect to the Postal Service in the same

23 manner and under the same conditions as if the Postal

24 Service were an agency within the meaning of such provi25 sions.
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1 ‘‘(B) Nothing in this subsection shall be considered

2 to require the application of section 3304(f) of title 5 in

3 the case of any individual who is not an employee of the

4 Postal Service if—

5 ‘‘(i) the vacant position involved is to be filled

6 pursuant to a collective-bargaining agreement;

7 ‘‘(ii) the collective-bargaining agreement re8 stricts competition for such position to individuals

9 employed in a bargaining unit or installation within

10 the Postal Service in which the position is located;

11 ‘‘(iii) the collective-bargaining agreement pro12 vides that the successful applicant shall be selected

13 on the basis of seniority or qualifications; and

14 ‘‘(iv) the position to be filled is within a bar15 gaining unit.

16 ‘‘(C) The provisions of this paragraph shall not be

17 modified by any program developed under section 1004

18 of this title or any collective-bargaining agreement entered

19 into under chapter 12 of this title.’’.

20 (2) CONFORMING AMENDMENT.—The first sen21 tence of section 1005(a)(2) of title 39, United States

22 Code, is amended by striking ‘‘title.’’ and inserting

23 ‘‘title, subject to paragraph (5) of this subsection.’’.
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1 SEC. 3. SPECIAL PROTECTIONS FOR PREFERENCE ELIGI2 BLES IN REDUCTIONS IN FORCE.

3 (a) IN GENERAL.—Section 3502 of title 5, United

4 States Code, as amended by section 1034 of the National

5 Defense Authorization Act for Fiscal Year 1996 (Public

6 Law 104–106; 110 Stat. 430), is amended by adding at

7 the end the following:

8 ‘‘(g)(1) A position occupied by a preference eligible

9 shall not be placed in a single-position competitive level

10 if the preference eligible is qualified to perform the essen11 tial functions of any other position at the same grade (or

12 occupational level) in the competitive area. In such cases,

13 the preference eligible shall be entitled to be placed in an14 other competitive level for which such preference eligible

15 is qualified. If the preference eligible is qualified for more

16 than one competitive level, such preference eligible shall

17 be placed in the competitive level containing the most posi18 tions.

19 ‘‘(2) For purposes of paragraph (1)—

20 ‘‘(A) a preference eligible shall be considered

21 qualified to perform the essential functions of a posi22 tion if, by reason of experience, training, or edu23 cation (and, in the case of a disabled veteran, with

24 reasonable accommodation), a reasonable person

25 could conclude that the preference eligible would be
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1 able to perform those functions successfully within a

2 period of 150 days; and

3 ‘‘(B) a preference eligible shall not be consid4 ered unqualified solely because such preference eligi5 ble does not meet the minimum qualification require6 ments relating to previous experience in a specified

7 grade (or occupational level), if any, that are estab8 lished for such position by the Office of Personnel

9 Management or the agency.

10 ‘‘(h) In connection with any reduction in force, a

11 preference eligible whose current or most recent perform12 ance rating is at least fully successful (or the equivalent)

13 shall have, in addition to such assignment rights as are

14 prescribed by regulation, the right, in lieu of separation,

15 to be assigned to any position within the agency conduct16 ing the reduction in force—

17 ‘‘(1) for which such preference eligible is quali18 fied under subsection (g)(2)—

19 ‘‘(A) that is within the preference eligible’s

20 commuting area and at the same grade (or oc21 cupational level) as the position from which the

22 preference eligible was released, and that is

23 then occupied by an individual, other than an24 other preference eligible, who was placed in

25 such position (whether by appointment or oth-
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1 erwise) within 6 months before the reduction in

2 force if, within 12 months prior to the date on

3 which such individual was so placed in such po4 sition, such individual had been employed in the

5 same competitive area as the preference eligible;

6 or

7 ‘‘(B) that is within the preference eligible’s

8 competitive area and that is then occupied by

9 an individual, other than another preference eli10 gible, who was placed in such position (whether

11 by appointment or otherwise) within 6 months

12 before the reduction in force; or

13 ‘‘(2) for which such preference eligible is quali14 fied that is within the preference eligible’s competi15 tive area and that is not more than 3 grades (or pay

16 levels) below that of the position from which the

17 preference eligible was released, except that, in the

18 case of a preference eligible with a compensable

19 service-connected disability of 30 percent or more,

20 this paragraph shall be applied by substituting ‘5

21 grades’ for ‘3 grades’.

22 In the event that a preference eligible is entitled to assign23 ment to more than 1 position under this subsection, the

24 agency shall assign the preference eligible to any such po25 sition requiring no reduction (or, if there is no such posi-
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1 tion, the least reduction) in basic pay. A position shall not,

2 with respect to a preference eligible, be considered to sat3 isfy the requirements of paragraph (1) or (2), as applica4 ble, if it does not last for at least 12 months following

5 the date on which such preference eligible is assigned to

6 such position under this subsection.

7 ‘‘(i) A preference eligible may challenge the classifica8 tion of any position to which the preference eligible asserts

9 assignment rights (as provided by, or prescribed by regula10 tions described in, subsection (h)) in an action before the

11 Merit Systems Protection Board.

12 ‘‘(j)(1) Not later than 90 days after the date of the

13 enactment of the Veterans Employment Opportunities Act

14 of 1997, each Executive agency shall establish an agency15 wide priority placement program to facilitate employment

16 placement for employees who—

17 ‘‘(A)(i) are scheduled to be separated from serv18 ice due to a reduction in force under—

19 ‘‘(I) regulations prescribed under this sec20 tion; or

21 ‘‘(II) procedures established under section

22 3595; or

23 ‘‘(ii) are separated from service due to such a

24 reduction in force; and
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1 ‘‘(B)(i) have received a rating of at least fully

2 successful (or the equivalent) as the last perform3 ance rating of record used for retention purposes; or

4 ‘‘(ii) occupy positions excluded from a perform5 ance appraisal system by law, regulation, or admin6 istrative action taken by the Office of Personnel

7 Management.

8 ‘‘(2)(A) Each agencywide priority placement program

9 under this subsection shall include provisions under which

10 a vacant position shall not (except as provided in this

11 paragraph or any other statute providing the right of re12 employment to any individual) be filled by the appoint13 ment or transfer of any individual from outside of that

14 agency (other than an individual described in subpara15 graph (B)) if—

16 ‘‘(i) there is then available any individual de17 scribed in subparagraph (B) who is qualified for the

18 position; and

19 ‘‘(ii) the position—

20 ‘‘(I) is at the same grade or pay level (or

21 the equivalent) or not more than 3 grades (or

22 grade intervals) below that of the position last

23 held by such individual before placement in the

24 new position;
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1 ‘‘(II) is within the same commuting area

2 as the individual’s last-held position (as referred

3 to in subclause (I)) or residence; and

4 ‘‘(III) has the same type of work schedule

5 (whether full-time, part-time, or intermittent)

6 as the position last held by the individual.

7 ‘‘(B) For purposes of an agencywide priority place8 ment program, an individual shall be considered to be de9 scribed in this subparagraph if such individual—

10 ‘‘(i)(I) is an employee of such agency who is

11 scheduled to be separated, as described in paragraph

12 (1)(A)(i); or

13 ‘‘(II) is an individual who became a former em14 ployee of such agency as a result of a separation, as

15 described in paragraph (1)(A)(ii), excluding any in16 dividual who separated voluntarily under subsection

17 (f); and

18 ‘‘(ii) satisfies clause (i) or (ii) of paragraph

19 (1)(B).

20 ‘‘(3)(A) If after a reduction in force the agency has

21 no positions of any type within the local commuting areas

22 specified in this subsection, the individual may designate

23 a different local commuting area where the agency has

24 continuing positions in order to exercise reemployment

25 rights under this subsection. An agency may determine
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1 that such designations are not in the interest of the Gov2 ernment for the purpose of paying relocation expenses

3 under subchapter II of chapter 57.

4 ‘‘(B) At its option, an agency may administratively

5 extend reemployment rights under this subsection to in6 clude other local commuting areas.

7 ‘‘(4)(A) In selecting employees for positions under

8 this subsection, the agency shall place qualified present

9 and former employees in retention order by veterans’ pref10 erence subgroup and tenure group.

11 ‘‘(B) An agency may not pass over a qualified present

12 or former employee to select an individual in a lower veter13 ans’ preference subgroup within the tenure group, or in

14 a lower tenure group.

15 ‘‘(C) Within a subgroup, the agency may select a

16 qualified present or former employee without regard to the

17 individual’s total creditable service.

18 ‘‘(5) An individual is eligible for reemployment prior19 ity under this subsection for 2 years from the effective

20 date of the reduction in force from which the individual

21 will be, or has been, separated under this section or section

22 3595, as the case may be.

23 ‘‘(6) An individual loses eligibility for reemployment

24 priority under this subsection when the individual—

25 ‘‘(A) requests removal in writing;
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1 ‘‘(B) accepts or declines a bona fide offer under

2 this subsection or fails to accept such an offer within

3 the period of time allowed for such acceptance; or

4 ‘‘(C) separates from the agency before being

5 separated under this section or section 3595, as the

6 case may be.

7 A present or former employee who declines a position with

8 a representative rate (or equivalent) that is less than the

9 rate of the position from which the individual was sepa10 rated under this section retains eligibility for positions

11 with a higher representative rate up to the rate of the indi12 vidual’s last position.

13 ‘‘(7) Whenever more than one individual is qualified

14 for a position under this subsection, the agency shall select

15 the most highly qualified individual, subject to paragraph

16 (4).

17 ‘‘(8) The Office of Personnel Management shall issue

18 regulations to implement this subsection.’’.

19 (b) APPLICABILITY.—

20 (1) IN GENERAL.—Subject to paragraph (2),

21 the amendments made by this section shall apply

22 with respect to—

23 (A) reductions in force taking effect after

24 the end of the 90-day period beginning on the

25 date of the enactment of this Act; or
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1 (B) in the case of the Department of De2 fense, reductions in force taking effect after the

3 end of the 1-year period beginning on the date

4 of the enactment of this Act.

5 (2) ONGOING REDUCTIONS IN FORCE.—If an

6 agency has given written notice of a reduction in

7 force to any of its employees within a competitive

8 area, in accordance with section 3502(d)(1)(A) of

9 title 5, United States Code, before the effective date

10 under subparagraph (A) or (B) of paragraph (1), as

11 applicable, then, for purposes of determining the

12 rights of any employee within such area in connec13 tion with such reduction in force, the amendments

14 made by this section shall be treated as if they had

15 never been enacted. Nothing in the preceding sen16 tence shall affect any rights under a priority place17 ment program under section 3502(j) of title 5,

18 United States Code, as amended by this section.

19 SEC. 4. IMPROVED REDRESS FOR VETERANS.

20 (a) IN GENERAL.—Subchapter I of chapter 33 of title

21 5, United States Code, is amended by adding at the end

22 the following:

23 ‘‘§ 3330a. Administrative redress

24 ‘‘(a)(1) Any preference eligible or other individual de25 scribed in section 3304(f)(1) who alleges that an agency
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1 has violated such individual’s rights under any statute or

2 regulation relating to veterans’ preference, or any right

3 afforded such individual by section 3304(f), may file a

4 complaint with the Secretary of Labor.

5 ‘‘(2) A complaint under this subsection must be filed

6 within 60 days after the date of the alleged violation, and

7 the Secretary shall process such complaint in accordance

8 with sections 4322 (a) through (e)(1) and 4326 of title

9 38.

10 ‘‘(b)(1) If the Secretary of Labor is unable to resolve

11 the complaint within 60 days after the date on which it

12 is filed, the complainant may elect to appeal the alleged

13 violation to the Merit Systems Protection Board in accord14 ance with such procedures as the Merit Systems Protec15 tion Board shall prescribe, except that in no event may

16 any such appeal be brought—

17 ‘‘(A) before the 61st day after the date on

18 which the complaint is filed under subsection (a); or

19 ‘‘(B) later than 15 days after the date on which

20 the complainant receives notification from the Sec21 retary of Labor under section 4322(e)(1) of title 38.

22 ‘‘(2) An appeal under this subsection may not be

23 brought unless—
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1 ‘‘(A) the complainant first provides written no2 tification to the Secretary of Labor of such com3 plainant’s intention to bring such appeal; and

4 ‘‘(B) appropriate evidence of compliance with

5 subparagraph (A) is included (in such form and

6 manner as the Merit Systems Protection Board may

7 prescribe) with the notice of appeal under this sub8 section.

9 ‘‘(3) Upon receiving notification under paragraph

10 (2)(A), the Secretary of Labor shall not continue to inves11 tigate or further attempt to resolve the complaint to which

12 such notification relates.

13 ‘‘(c) This section shall not be construed to prohibit

14 a preference eligible from appealing directly to the Merit

15 Systems Protection Board from any action which is ap16 pealable to the Board under any other law, rule, or regula17 tion, in lieu of administrative redress under this section.

18 ‘‘§ 3330b. Judicial redress

19 ‘‘(a) In lieu of continuing the administrative redress

20 procedure provided under section 3330a(b), a preference

21 eligible or other individual described in section 3304(f)(1)

22 may elect, in accordance with this section, to terminate

23 those administrative proceedings and file an action with

24 the appropriate United States district court not later than

25 60 days after the date of the election.
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1 ‘‘(b) An election under this section may not be

2 made—

3 ‘‘(1) before the 121st day after the date on

4 which the appeal is filed with the Merit Systems

5 Protection Board under section 3330a(b); or

6 ‘‘(2) after the Merit Systems Protection Board

7 has issued a judicially reviewable decision on the

8 merits of the appeal.

9 ‘‘(c) An election under this section shall be made, in

10 writing, in such form and manner as the Merit Systems

11 Protection Board shall by regulation prescribe. The elec12 tion shall be effective as of the date on which it is received,

13 and the administrative proceeding to which it relates shall

14 terminate immediately upon the receipt of such election.

15 ‘‘§ 3330c. Remedy

16 ‘‘(a) If the Merit Systems Protection Board (in a pro17 ceeding under section 3330a) or a court (in a proceeding

18 under section 3330b) determines that an agency has vio19 lated a right described in section 3330a, the Board or

20 court (as the case may be) shall order the agency to com21 ply with such provisions and award compensation for any

22 loss of wages or benefits suffered by the individual by rea23 son of the violation involved. If the Board or court deter24 mines that such violation was willful, it shall award an

25 amount equal to backpay as liquidated damages.
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1 ‘‘(b) A preference eligible or other individual de2 scribed in section 3304(f)(1) who prevails in an action

3 under section 3330a or 3330b shall be awarded reasonable

4 attorney fees, expert witness fees, and other litigation ex5 penses.’’.

6 (b) CLERICAL AMENDMENT.—The table of sections

7 at the beginning of chapter 33 of title 5, United States

8 Code, is amended by adding after the item relating to sec9 tion 3330 the following:

‘‘3330a. Administrative redress.

‘‘3330b. Judicial redress.

‘‘3330c. Remedy.’’.

10 SEC. 5. EXTENSION OF VETERANS’ PREFERENCE.

11 (a) AMENDMENT TO TITLE 5, UNITED STATES

12 CODE.—Paragraph (3) of section 2108 of title 5, United

13 States Code, is amended by striking ‘‘the Federal Bureau

14 of Investigation and Drug Enforcement Administration

15 Senior Executive Service, or the General Accounting Of16 fice;’’ and inserting ‘‘or the Federal Bureau of Investiga17 tion and Drug Enforcement Administration Senior Execu18 tive Service;’’.

19 (b) AMENDMENTS TO TITLE 3, UNITED STATES

20 CODE.—

21 (1) IN GENERAL.—Chapter 2 of title 3, United

22 States Code, is amended by adding at the end the

23 following:
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1 ‘‘§ 115. Veterans’ preference

2 ‘‘(a) Subject to subsection (b), appointments under

3 sections 105, 106, and 107 shall be made in accordance

4 with section 2108, and sections 3309 through 3312, of

5 title 5.

6 ‘‘(b) Subsection (a) shall not apply to any appoint7 ment to a position the rate of basic pay for which is at

8 least equal to the minimum rate established for positions

9 in the Senior Executive Service under section 5382 of title

10 5 and the duties of which are comparable to those de11 scribed in section 3132(a)(2) of such title or to any other

12 position if, with respect to such position, the President

13 makes certification—

14 ‘‘(1) that such position is—

15 ‘‘(A) a confidential or policy-making posi16 tion; or

17 ‘‘(B) a position for which political affili18 ation or political philosophy is otherwise an im19 portant qualification; and

20 ‘‘(2) that any individual selected for such posi21 tion is expected to vacate the position at or before

22 the end of the President’s term (or terms) of office.

23 Each individual appointed to a position described in the

24 preceding sentence as to which the expectation described

25 in paragraph (2) applies shall be notified as to such expec-
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1 tation, in writing, at the time of appointment to such posi2 tion.’’.

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of chapter 2 of title 3, United

5 States Code, is amended by adding at the end the

6 following:

‘‘115. Veterans’ preference.’’.

7 (c) LEGISLATIVE BRANCH APPOINTMENTS.—

8 (1) DEFINITIONS.—For the purposes of this

9 subsection, the terms ‘‘employing office’’, ‘‘covered

10 employee’’, and ‘‘Board’’ shall each have the mean11 ing given such term by section 101 of the Congres12 sional Accountability Act of 1995 (2 U.S.C. 1301).

13 (2) RIGHTS AND PROTECTIONS.—The rights

14 and protections established under section 2108, sec15 tions 3309 through 3312, and subchapter I of chap16 ter 35, of title 5, United States Code, shall apply to

17 covered employees.

18 (3) REMEDIES.—

19 (A) IN GENERAL.—The remedy for a viola20 tion of paragraph (2) shall be such remedy as

21 would be appropriate if awarded under applica22 ble provisions of title 5, United States Code, in

23 the case of a violation of the relevant cor24 responding provision (referred to in paragraph

25 (2)) of such title.
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1 (B) PROCEDURE.—The procedure for con2 sideration of alleged violations of paragraph (2)

3 shall be the same as apply under section 401 of

4 the Congressional Accountability Act of 1995

5 (and the provisions of law referred to therein)

6 in the case of an alleged violation of part A of

7 title II of such Act.

8 (4) REGULATIONS TO IMPLEMENT SUB9 SECTION.—

10 (A) IN GENERAL.—The Board shall, pur11 suant to section 304 of the Congressional Ac12 countability Act of 1995 (2 U.S.C. 1384), issue

13 regulations to implement this subsection.

14 (B) AGENCY REGULATIONS.—The regula15 tions issued under subparagraph (A) shall be

16 the same as the most relevant substantive regu17 lations (applicable with respect to the executive

18 branch) promulgated to implement the statu19 tory provisions referred to in paragraph (2) ex20 cept insofar as the Board may determine, for

21 good cause shown and stated together with the

22 regulation, that a modification of such regula23 tions would be more effective for the implemen24 tation of the rights and protections under this

25 subsection.
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1 (C) COORDINATION.—The regulations

2 issued under subparagraph (A) shall be consist3 ent with section 225 of the Congressional Ac4 countability Act of 1995 (2 U.S.C. 1361).

5 (5) APPLICABILITY.—Notwithstanding any

6 other provision of this subsection, the term ‘‘covered

7 employee’’ shall not, for purposes of this subsection,

8 include an employee—

9 (A) whose appointment is made by the

10 President with the advice and consent of the

11 Senate;

12 (B) whose appointment is made by a Mem13 ber of Congress or by a committee or sub14 committee of either House of Congress; or

15 (C) who is appointed to a position, the du16 ties of which are equivalent to those of a Senior

17 Executive Service position (within the meaning

18 of section 3132(a)(2) of title 5, United States

19 Code).

20 (6) EFFECTIVE DATE.—Paragraphs (2) and (3)

21 shall be effective as of the effective date of the regu22 lations under paragraph (4).

23 (d) JUDICIAL BRANCH APPOINTMENTS.—
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1 (1) IN GENERAL.—Subject to paragraphs (2)

2 through (4), the Judicial Conference of the United

3 States shall prescribe regulations to provide for—

4 (A) veterans’ preference in the consider5 ation of applicants for employment, and in the

6 conduct of any reductions in force, within the

7 judicial branch; and

8 (B) redress procedures for alleged viola9 tions of any rights provided for under subpara10 graph (A).

11 (2) REGULATIONS TO BE BASED ON EXISTING

12 PROVISIONS.—Under the regulations—

13 (A) a preference eligible (as defined by sec14 tion 2108 of title 5, United States Code) shall

15 be afforded preferences similar to those under

16 sections 3309 through 3312, and subchapter I

17 of chapter 35, of such title 5; and

18 (B) the redress procedures provided for

19 shall be similar to those under the amendments

20 made by section 4.

21 (3) EXCLUSIONS.—Nothing in the regulations

22 shall apply with respect to—

23 (A) an appointment made by the Presi24 dent, with the advice and consent of the Senate;

25 (B) an appointment as a judicial officer;
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1 (C) an appointment as a law clerk or sec2 retary to a justice or judge of the United

3 States; or

4 (D) an appointment to a position, the du5 ties of which are equivalent to those of a Senior

6 Executive Service position (within the meaning

7 of section 3132(a)(2) of title 5, United States

8 Code).

9 (4) CONSULTATION.—The regulations under

10 this subsection shall be prescribed by the Judicial

11 Conference of the United States, in consultation

12 with—

13 (A) the largest congressionally chartered

14 veterans’ service organization;

15 (B) 2 congressionally chartered veterans’

16 service organizations that represent former non17 commissioned officers;

18 (C) a congressionally chartered veterans’

19 service organization that represents veterans

20 who have fought in foreign wars;

21 (D) a congressionally chartered veterans’

22 service organization that represents veterans

23 with service-connected disabilities;
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1 (E) a congressionally chartered veterans’

2 service organization that represents veterans of

3 the Vietnam era; and

4 (F) a congressionally chartered veterans’

5 service organization that represents veterans of

6 World War II, the Korean conflict, the Vietnam

7 era, and the Persian Gulf War.

8 (5) DEFINITIONS.—For purposes of this sub9 section—

10 (A) the term ‘‘judicial officer’’ means a

11 justice, judge, or magistrate judge listed in sub12 paragraph (A), (B), (F), or (G) of section

13 376(a)(1) of title 28, United States Code; and

14 (B) the term ‘‘justice or judge of the

15 United States’’ has the meaning given such

16 term by section 451 of such title 28.

17 (6) SUBMISSION TO CONGRESS; EFFECTIVE

18 DATE.—

19 (A) SUBMISSION TO CONGRESS.—Within 5

20 months after the date of the enactment of this

21 Act, the Judicial Conference of the United

22 States shall submit a copy of the regulations

23 prescribed under this subsection to the Commit24 tee on Government Reform and Oversight and

25 the Committee on the Judiciary of the House of
27

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1 Representatives and the Committee on Govern2 mental Affairs and the Committee on the Judi3 ciary of the Senate.

4 (B) EFFECTIVE DATE.—The regulations

5 prescribed under this subsection shall take ef6 fect 6 months after the date of the enactment

7 of this Act.

8 SEC. 6. VETERANS’ PREFERENCE REQUIRED FOR REDUC9 TIONS IN FORCE IN THE FEDERAL AVIATION

10 ADMINISTRATION.

11 Section 347(b) of the Department of Transportation

12 and Related Agencies Appropriations Act, 1996 (109 Stat.

13 460) is amended by striking ‘‘and’’ at the end of para14 graph (6), by striking the period at the end of paragraph

15 (7) and inserting ‘‘; and’’, and by adding at the end the

16 following:

17 ‘‘(8) sections 3501–3504, as such sections re18 late to veterans’ preference.’’.

19 SEC. 7. DEFINITIONAL AMENDMENT.

20 Subparagraph (A) of section 2108(1) of title 5,

21 United States Code, is amended by inserting ‘‘during a

22 military operation in a qualified hazardous duty area

23 (within the meaning of the first 2 sentences of section 1(b)

24 of Public Law 104–117) and in accordance with require25 ments that may be prescribed in regulations of the Sec-
28

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1 retary of Defense,’’ after ‘‘for which a campaign badge

2 has been authorized,’’.

3 SEC. 8. FAILURE TO COMPLY WITH VETERANS’ PREF4 ERENCE REQUIREMENTS TO BE TREATED AS

5 A PROHIBITED PERSONNEL PRACTICE FOR

6 CERTAIN PURPOSES.

7 (a) IN GENERAL.—Subsection (b) of section 2302 of

8 title 5, United States Code, is amended—

9 (1) by striking ‘‘or’’ at the end of paragraph

10 (10);

11 (2) by redesignating paragraph (11) as para12 graph (12); and

13 (3) by inserting after paragraph (10) the fol14 lowing:

15 ‘‘(11)(A) knowingly take, recommend, or ap16 prove any personnel action if the taking of such ac17 tion would violate a veterans’ preference require18 ment; or

19 ‘‘(B) knowingly fail to take, recommend, or ap20 prove any personnel action if the failure to take such

21 action would violate a veterans’ preference require22 ment; or’’.

23 (b) DEFINITION; LIMITATION.—Section 2302 of title

24 5, United States Code, is amended by adding at the end

25 the following:
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1 ‘‘(e)(1) For the purpose of this section, the term ‘vet2 erans’ preference requirement’ means any of the following

3 provisions of law:

4 ‘‘(A) Sections 2108, 3305(b), 3309, 3310,

5 3311, 3312, 3313, 3314, 3315, 3316, 3317(b),

6 3318, 3320, 3351, 3352, 3363, 3501, 3502(b),

7 3504, and 4303(e) and (with respect to a preference

8 eligible referred to in section 7511(a)(1)(B)) sub9 chapter II of chapter 75 and section 7701.

10 ‘‘(B) Sections 943(c)(2) and 1784(c) of title 10.

11 ‘‘(C) Section 1308(b) of the Alaska National

12 Interest Lands Conservation Act.

13 ‘‘(D) Section 301(c) of the Foreign Service Act

14 of 1980.

15 ‘‘(E) Sections 106(f), 7281(e), and 7802(5) of

16 title 38.

17 ‘‘(F) Section 1005(a) of title 39.

18 ‘‘(G) Any other provision of law that the Direc19 tor of the Office of Personnel Management des20 ignates in regulations as being a veterans’ preference

21 requirement for the purposes of this subsection.

22 ‘‘(H) Any regulation prescribed under sub23 section (b) or (c) of section 1302 and any other reg24 ulation that implements a provision of law referred

25 to in any of the preceding subparagraphs.
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1 ‘‘(2) Notwithstanding any other provision of this title,

2 no authority to order corrective action shall be available

3 in connection with a prohibited personnel practice de4 scribed in subsection (b)(11). Nothing in this paragraph

5 shall be considered to affect any authority under section

6 1215 (relating to disciplinary action).’’.

7 (c) REPEALS.—

8 (1) PROVISIONS OF TITLE 10, UNITED STATES

9 CODE.—Section 1599c of title 10, United States

10 Code, and the item relating to such section in the

11 table of sections at the beginning of chapter 81 of

12 such title are repealed.

13 (2) SECTION 2302(a)(1) OF TITLE 5, UNITED

14 STATES CODE.—Subsection (a)(1) of section 2302 of

15 title 5, United States Code, is amended to read as

16 follows:

17 ‘‘(a)(1) For the purpose of this title, ‘prohibited per18 sonnel practice’ means any action described in subsection

19 (b).’’.

20 (d) SAVINGS PROVISION.—This section shall be treat21 ed as if it had never been enacted for purposes of any

22 personnel action (within the meaning of section 2302 of

23 title 5, United States Code) preceding the date of the en24 actment of this Act.
31

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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Veterans Employment

3 Opportunities Act of 1998’’.

4 SEC. 2. IMPROVED REDRESS FOR PREFERENCE ELIGIBLES.

5 (a) IN GENERAL.—Subchapter I of chapter 33 of title

6 5, United States Code, is amended by adding at the end

7 the following:

8 ‘‘§ 3330a. Preference eligibles; administrative redress

9 ‘‘(a)(1) A preference eligible who alleges that an agency

10 has violated such individual’s rights under any statute or

11 regulation relating to veterans’ preference may file a com12 plaint with the Secretary of Labor.

13 ‘‘(2)(A) A complaint under this subsection must be

14 filed within 60 days after the date of the alleged violation.

15 ‘‘(B) Such complaint shall be in writing, be in such

16 form as the Secretary may prescribe, specify the agency

17 against which the complaint is filed, and contain a sum18 mary of the allegations that form the basis for the com19 plaint.

20 ‘‘(3) The Secretary shall, upon request, provide tech21 nical assistance to a potential complainant with respect to

22 a complaint under this subsection.

23 ‘‘(b)(1) The Secretary of Labor shall investigate each

24 complaint under subsection (a).

25 ‘‘(2) In carrying out any investigation under this sub26 section, the Secretary’s duly authorized representatives
32

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1 shall, at all reasonable times, have reasonable access to, for

2 purposes of examination, and the right to copy and receive,

3 any documents of any person or agency that the Secretary

4 considers relevant to the investigation.

5 ‘‘(3) In carrying out any investigation under this sub6 section, the Secretary may require by subpoena the attend7 ance and testimony of witnesses and the production of docu8 ments relating to any matter under investigation. In case

9 of disobedience of the subpoena or contumacy and on request

10 of the Secretary, the Attorney General may apply to any

11 district court of the United States in whose jurisdiction

12 such disobedience or contumacy occurs for an order enforc13 ing the subpoena.

14 ‘‘(4) Upon application, the district courts of the

15 United States shall have jurisdiction to issue writs com16 manding any person or agency to comply with the subpoena

17 of the Secretary or to comply with any order of the Sec18 retary made pursuant to a lawful investigation under this

19 subsection and the district courts shall have jurisdiction to

20 punish failure to obey a subpoena or other lawful order of

21 the Secretary as a contempt of court.

22 ‘‘(c)(1)(A) If the Secretary of Labor determines as a

23 result of an investigation under subsection (b) that the ac24 tion alleged in a complaint under subsection (a) occurred,

25 the Secretary shall attempt to resolve the complaint by mak-
33

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1 ing reasonable efforts to ensure that the agency specified

2 in the complaint complies with applicable provisions of

3 statute or regulation relating to veterans’ preference.

4 ‘‘(B) The Secretary of Labor shall make determina5 tions referred to in subparagraph (A) based on a preponder6 ance of the evidence.

7 ‘‘(2) If the efforts of the Secretary under subsection (b)

8 with respect to a complaint under subsection (a) do not re9 sult in the resolution of the complaint, the Secretary shall

10 notify the person who submitted the complaint, in writing,

11 of the results of the Secretary’s investigation under sub12 section (b).

13 ‘‘(d)(1) If the Secretary of Labor is unable to resolve

14 a complaint under subsection (a) within 60 days after the

15 date on which it is filed, the complainant may elect to ap16 peal the alleged violation to the Merit Systems Protection

17 Board in accordance with such procedures as the Merit Sys18 tems Protection Board shall prescribe, except that in no

19 event may any such appeal be brought—

20 ‘‘(A) before the 61st day after the date on which

21 the complaint is filed; or

22 ‘‘(B) later than 15 days after the date on which

23 the complainant receives written notification from the

24 Secretary under subsection (c)(2).
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1 ‘‘(2) An appeal under this subsection may not be

2 brought unless—

3 ‘‘(A) the complainant first provides written noti4 fication to the Secretary of such complainant’s inten5 tion to bring such appeal; and

6 ‘‘(B) appropriate evidence of compliance with

7 subparagraph (A) is included (in such form and

8 manner as the Merit Systems Protection Board may

9 prescribe) with the notice of appeal under this sub10 section.

11 ‘‘(3) Upon receiving notification under paragraph

12 (2)(A), the Secretary shall not continue to investigate or

13 further attempt to resolve the complaint to which the notifi14 cation relates.

15 ‘‘(e)(1) This section shall not be construed to prohibit

16 a preference eligible from appealing directly to the Merit

17 Systems Protection Board from any action which is appeal18 able to the Board under any other law, rule, or regulation,

19 in lieu of administrative redress under this section.

20 ‘‘(2) A preference eligible may not pursue redress for

21 an alleged violation described in subsection (a) under this

22 section at the same time the preference eligible pursues re23 dress for such violation under any other law, rule, or regu24 lation.
35

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1 ‘‘§ 3330b. Preference eligibles; judicial redress

2 ‘‘(a) In lieu of continuing the administrative redress

3 procedure provided under section 3330a(d), a preference eli4 gible may elect, in accordance with this section, to termi5 nate those administrative proceedings and file an action

6 with the appropriate United States district court not later

7 than 60 days after the date of the election.

8 ‘‘(b) An election under this section may not be made—

9 ‘‘(1) before the 121st day after the date on which

10 the appeal is filed with the Merit Systems Protection

11 Board under section 3330a(d); or

12 ‘‘(2) after the Merit Systems Protection Board

13 has issued a judicially reviewable decision on the

14 merits of the appeal.

15 ‘‘(c) An election under this section shall be made, in

16 writing, in such form and manner as the Merit Systems

17 Protection Board shall by regulation prescribe. The election

18 shall be effective as of the date on which it is received, and

19 the administrative proceeding to which it relates shall ter20 minate immediately upon the receipt of such election.

21 ‘‘§ 3330c. Preference eligibles; remedy

22 ‘‘(a) If the Merit Systems Protection Board (in a pro23 ceeding under section 3330a) or a court (in a proceeding

24 under section 3330b) determines that an agency has vio25 lated a right described in section 3330a, the Board or court

26 (as the case may be) shall order the agency to comply with
36

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1 such provisions and award compensation for any loss of

2 wages or benefits suffered by the individual by reason of

3 the violation involved. If the Board or court determines that

4 such violation was willful, it shall award an amount equal

5 to backpay as liquidated damages.

6 ‘‘(b) A preference eligible who prevails in an action

7 under section 3330a or 3330b shall be awarded reasonable

8 attorney fees, expert witness fees, and other litigation ex9 penses.’’.

10 (b) CLERICAL AMENDMENT.—The table of sections at

11 the beginning of chapter 33 of title 5, United States Code,

12 is amended by adding after the item relating to section 3330

13 the following:

‘‘3330a. Preference eligibles; administrative redress.

‘‘3330b. Preference eligibles; judicial redress.

‘‘3330c. Preference eligibles; remedy.’’.

14 SEC. 3. EXTENSION OF VETERANS’ PREFERENCE.

15 (a) AMENDMENT TO TITLE 5, UNITED STATES

16 CODE.—Paragraph (3) of section 2108 of title 5, United

17 States Code, is amended by striking ‘‘the Federal Bureau

18 of Investigation and Drug Enforcement Administration

19 Senior Executive Service, or the General Accounting Of20 fice;’’ and inserting ‘‘or the Federal Bureau of Investigation

21 and Drug Enforcement Administration Senior Executive

22 Service;’’.

23 (b) AMENDMENTS TO TITLE 3, UNITED STATES

24 CODE.—
37

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1 (1) IN GENERAL.—Chapter 2 of title 3, United

2 States Code, is amended by adding at the end the fol3 lowing:

4 ‘‘§ 115. Veterans’ preference

5 ‘‘(a) Subject to subsection (b), appointments under sec6 tions 105, 106, and 107 shall be made in accordance with

7 section 2108, and sections 3309 through 3312, of title 5.

8 ‘‘(b) Subsection (a) shall not apply to any appoint9 ment to a position the rate of basic pay for which is at

10 least equal to the minimum rate established for positions

11 in the Senior Executive Service under section 5382 of title

12 5 and the duties of which are comparable to those described

13 in section 3132(a)(2) of such title or to any other position

14 if, with respect to such position, the President makes certifi15 cation—

16 ‘‘(1) that such position is—

17 ‘‘(A) a confidential or policy-making posi18 tion; or

19 ‘‘(B) a position for which political affili20 ation or political philosophy is otherwise an im21 portant qualification; and

22 ‘‘(2) that any individual selected for such posi23 tion is expected to vacate the position at or before the

24 end of the President’s term (or terms) of office.
38

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1 Each individual appointed to a position described in the

2 preceding sentence as to which the expectation described in

3 paragraph (2) applies shall be notified as to such expecta4 tion, in writing, at the time of appointment to such posi5 tion.’’.

6 (2) CLERICAL AMENDMENT.—The table of sec7 tions at the beginning of chapter 2 of title 3, United

8 States Code, is amended by adding at the end the fol9 lowing:

‘‘115. Veterans’ preference.’’.

10 (c) LEGISLATIVE BRANCH APPOINTMENTS.—

11 (1) DEFINITIONS.—For the purposes of this sub12 section, the terms ‘‘covered employee’’ and ‘‘Board’’

13 shall each have the meaning given such term by sec14 tion 101 of the Congressional Accountability Act of

15 1995 (2 U.S.C. 1301).

16 (2) RIGHTS AND PROTECTIONS.—The rights and

17 protections established under section 2108, sections

18 3309 through 3312, and subchapter I of chapter 35,

19 of title 5, United States Code, shall apply to covered

20 employees.

21 (3) REMEDIES.—

22 (A) IN GENERAL.—The remedy for a viola23 tion of paragraph (2) shall be such remedy as

24 would be appropriate if awarded under applica25 ble provisions of title 5, United States Code, in
39

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1 the case of a violation of the relevant correspond2 ing provision (referred to in paragraph (2)) of

3 such title.

4 (B) PROCEDURE.—The procedure for con5 sideration of alleged violations of paragraph (2)

6 shall be the same as apply under section 401 of

7 the Congressional Accountability Act of 1995

8 (and the provisions of law referred to therein) in

9 the case of an alleged violation of part A of title

10 II of such Act.

11 (4) REGULATIONS TO IMPLEMENT SUB12 SECTION.—

13 (A) IN GENERAL.—The Board shall, pursu14 ant to section 304 of the Congressional Account15 ability Act of 1995 (2 U.S.C. 1384), issue regula16 tions to implement this subsection.

17 (B) AGENCY REGULATIONS.—The regula18 tions issued under subparagraph (A) shall be the

19 same as the most relevant substantive regulations

20 (applicable with respect to the executive branch)

21 promulgated to implement the statutory provi22 sions referred to in paragraph (2) except insofar

23 as the Board may determine, for good cause

24 shown and stated together with the regulation,

25 that a modification of such regulations would be
40

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1 more effective for the implementation of the

2 rights and protections under this subsection.

3 (C) COORDINATION.—The regulations issued

4 under subparagraph (A) shall be consistent with

5 section 225 of the Congressional Accountability

6 Act of 1995 (2 U.S.C. 1361).

7 (5) APPLICABILITY.—Notwithstanding any other

8 provision of this subsection, the term ‘‘covered em9 ployee’’ shall not, for purposes of this subsection, in10 clude an employee—

11 (A) whose appointment is made by the

12 President with the advice and consent of the Sen13 ate;

14 (B) whose appointment is made by a Mem15 ber of Congress or by a committee or subcommit16 tee of either House of Congress; or

17 (C) who is appointed to a position, the du18 ties of which are equivalent to those of a Senior

19 Executive Service position (within the meaning

20 of section 3132(a)(2) of title 5, United States

21 Code).

22 (6) EFFECTIVE DATE.—Paragraphs (2) and (3)

23 shall be effective as of the effective date of the regula24 tions under paragraph (4).

25 (d) JUDICIAL BRANCH APPOINTMENTS.—
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1 (1) IN GENERAL.—Subject to paragraphs (2) and

2 (3), the Judicial Conference of the United States shall

3 prescribe procedures to provide for—

4 (A) veterans’ preference in the consideration

5 of applicants for employment, and in the con6 duct of any reductions in force, within the judi7 cial branch; and

8 (B) redress for alleged violations of any

9 rights provided for under subparagraph (A).

10 (2) PROCEDURES.—Under the procedures, a

11 preference eligible (as defined by section 2108 of title

12 5, United States Code) shall be afforded preferences in

13 a manner and to the extent consistent with pref14 erences afforded to preference eligibles in the executive

15 branch.

16 (3) EXCLUSIONS.—Nothing in the procedures

17 shall apply with respect to an applicant or em18 ployee—

19 (A) whose appointment is made by the

20 President with the advice and consent of the Sen21 ate;

22 (B) whose appointment is as a judicial offi23 cer;
42

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1 (C) whose appointment is required by stat2 ute to be made by or with the approval of a

3 court or judicial officer; or

4 (D) whose appointment is to a position, the

5 duties of which are equivalent to those of a Sen6 ior Executive Service position (within the mean7 ing of section 3132(a)(2) of title 5, United States

8 Code).

9 (4) DEFINITIONS.—For purposes of this sub10 section, the term ‘‘judicial officer’’ means a justice,

11 judge, or magistrate judge listed in subparagraph (A),

12 (B), (F), or (G) of section 376(a)(1) of title 28,

13 United States Code.

14 (5) SUBMISSION TO CONGRESS; EFFECTIVE

15 DATE.—

16 (A) SUBMISSION TO CONGRESS.—Not later

17 than 12 months after the date of enactment of

18 this Act, the Judicial Conference of the United

19 States shall submit a copy of the procedures pre20 scribed under this subsection to the Committee

21 on Government Reform and Oversight and the

22 Committee on the Judiciary of the House of Rep23 resentatives and the Committee on Governmental

24 Affairs and the Committee on the Judiciary of

25 the Senate.
43

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1 (B) EFFECTIVE DATE.—The procedures pre2 scribed under this subsection shall take effect 13

3 months after the date of enactment of this Act.

4 SEC. 4. VETERANS’ PREFERENCE REQUIRED FOR REDUC5 TIONS IN FORCE IN THE FEDERAL AVIATION

6 ADMINISTRATION.

7 Section 347(b) of the Department of Transportation

8 and Related Agencies Appropriations Act, 1996 (109 Stat.

9 460) is amended—

10 (1) by striking ‘‘and’’ at the end of paragraph

11 (6);

12 (2) by striking the period at the end of para13 graph (7) and inserting ‘‘; and’’; and

14 (3) by adding at the end the following:

15 ‘‘(8) sections 3501–3504, as such sections relate

16 to veterans’ preference.’’.

17 SEC. 5. FAILURE TO COMPLY WITH VETERANS’ PREF18 ERENCE REQUIREMENTS TO BE TREATED AS

19 A PROHIBITED PERSONNEL PRACTICE FOR

20 CERTAIN PURPOSES.

21 (a) IN GENERAL.—Subsection (b) of section 2302 of

22 title 5, United States Code, is amended—

23 (1) by striking ‘‘or’’ at the end of paragraph

24 (10);
44

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1 (2) by redesignating paragraph (11) as para2 graph (12); and

3 (3) by inserting after paragraph (10) the follow4 ing:

5 ‘‘(11)(A) knowingly take, recommend, or approve

6 any personnel action if the taking of such action

7 would violate a veterans’ preference requirement; or

8 ‘‘(B) knowingly fail to take, recommend, or ap9 prove any personnel action if the failure to take such

10 action would violate a veterans’ preference require11 ment; or’’.

12 (b) DEFINITION; LIMITATION.—Section 2302 of title 5,

13 United States Code, is amended by adding at the end the

14 following:

15 ‘‘(e)(1) For the purpose of this section, the term ‘veter16 ans’ preference requirement’ means any of the following

17 provisions of law:

18 ‘‘(A) Sections 2108, 3305(b), 3309, 3310, 3311,

19 3312, 3313, 3314, 3315, 3316, 3317(b), 3318, 3320,

20 3351, 3352, 3363, 3501, 3502(b), 3504, and 4303(e)

21 and (with respect to a preference eligible referred to

22 in section 7511(a)(1)(B)) subchapter II of chapter 75

23 and section 7701.

24 ‘‘(B) Sections 943(c)(2) and 1784(c) of title 10.
45

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1 ‘‘(C) Section 1308(b) of the Alaska National In2 terest Lands Conservation Act.

3 ‘‘(D) Section 301(c) of the Foreign Service Act of

4 1980.

5 ‘‘(E) Sections 106(f), 7281(e), and 7802(5) of

6 title 38.

7 ‘‘(F) Section 1005(a) of title 39.

8 ‘‘(G) Any other provision of law that the Direc9 tor of the Office of Personnel Management designates

10 in regulations as being a veterans’ preference require11 ment for the purposes of this subsection.

12 ‘‘(H) Any regulation prescribed under subsection

13 (b) or (c) of section 1302 and any other regulation

14 that implements a provision of law referred to in any

15 of the preceding subparagraphs.

16 ‘‘(2) Notwithstanding any other provision of this title,

17 no authority to order corrective action shall be available

18 in connection with a prohibited personnel practice described

19 in subsection (b)(11). Nothing in this paragraph shall be

20 considered to affect any authority under section 1215 (relat21 ing to disciplinary action).’’.

22 (c) REPEALS.—

23 (1) SECTION 1599c OF TITLE 10, UNITED STATES

24 CODE.—
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1 (A) REPEAL.—Section 1599c of title 10,

2 United States Code, is repealed.

3 (B) CLERICAL AMENDMENT.—The table of

4 sections at the beginning of chapter 81 of such

5 title is amended by striking out the item relating

6 to section 1599c.

7 (2) SECTION 2302(a)(1) OF TITLE 5, UNITED

8 STATES CODE.—Subsection (a)(1) of section 2302 of

9 title 5, United States Code, is amended to read as fol10 lows:

11 ‘‘(a)(1) For the purpose of this title, ‘prohibited per12 sonnel practice’ means any action described in subsection

13 (b).’’.

14 (d) SAVINGS PROVISION.—This section shall be treated

15 as if it had never been enacted for purposes of any personnel

16 action (within the meaning of section 2302 of title 5, United

17 States Code) preceding the date of enactment of this Act.

18 SEC. 6. EXPANSION AND IMPROVEMENT OF VETERANS’ EM19 PLOYMENT EMPHASIS UNDER FEDERAL CON20 TRACTS.

21 (a) COVERED VETERANS.—Section 4212 of title 38,

22 United States Code, is amended—

23 (1) in subsection (a), by striking out ‘‘special

24 disabled veterans and veterans of the Vietnam era’’

25 and inserting in lieu thereof ‘‘special disabled veter-
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1 ans, veterans of the Vietnam era, and covered veterans

2 of the Persian Gulf War’’;

3 (2) in subsection (b), by striking out ‘‘special

4 disabled veteran or veteran of the Vietnam era’’ and

5 inserting in lieu thereof ‘‘special disabled veteran, vet6 eran of the Vietnam era, or covered veteran of the

7 Persian Gulf War’’;

8 (3) in subsection (d)(1), by striking out ‘‘veter9 ans of the Vietnam era or special disabled veterans’’

10 both places it appears and inserting in lieu thereof

11 ‘‘special disabled veterans, veterans of the Vietnam

12 era, or covered veterans of the Persian Gulf War’’;

13 and

14 (4) by adding at the end the following:

15 ‘‘(e) For purposes of this section, the term ‘covered vet16 eran of the Persian Gulf War’ means any veteran who

17 served in the active military, naval, or air service in the

18 Southwest Asia theater of operations during the period be19 ginning on August 2, 1990, and ending on January 2,

20 1992.’’.

21 (b) PROHIBITION ON CONTRACTING WITH ENTITIES

22 NOT MEETING REPORTING REQUIREMENTS.—(1) Sub23 chapter III of chapter 13 of title 31, United States Code,

24 is amended by adding at the end the following:
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1 ‘‘§ 1354. Limitation on use of appropriated funds for

2 contracts with entities not meeting veter3 ans’ employment reporting requirements

4 ‘‘(a)(1) Subject to paragraph (2), no agency may obli5 gate or expend funds appropriated for the agency for a fis6 cal year to enter into a contract described in section

7 4212(a) of title 38 with a contractor from which a report

8 was required under section 4212(d) of that title with respect

9 to the preceding fiscal year if such contractor did not sub10 mit such report.

11 ‘‘(2) Paragraph (1) shall cease to apply with respect

12 to a contractor otherwise covered by that paragraph on the

13 date on which the contractor submits the report required

14 by such section 4212(d) for the fiscal year concerned.

15 ‘‘(b) The Secretary of Labor shall take appropriate ac16 tions to notify agencies in a timely manner of the contrac17 tors covered by subsection (a).’’.

18 (2) The table of sections at the beginning of chapter

19 13 of such title is amended by adding at the end the follow20 ing:

‘‘1354. Limitation on use of appropriated funds for contracts with entities not

meeting veterans’ employment reporting requirements.’’.
49

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1 SEC. 7. REQUIREMENT FOR ADDITIONAL INFORMATION IN

2 ANNUAL REPORTS FROM FEDERAL CONTRAC3 TORS ON VETERANS EMPLOYMENT.

4 Section 4212(d)(1) of title 38, United States Code, as

5 amended by 6(a)(3), is further amended—

6 (1) by striking out ‘‘and’’ at the end of subpara7 graph (A);

8 (2) by striking out the period at the end of sub9 paragraph (B) and inserting in lieu thereof ‘‘; and’’;

10 and

11 (3) by adding at the end the following:

12 ‘‘(C) the maximum number and the minimum

13 number of employees of such contractor during the pe14 riod covered by the report.’’.