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[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1021 Reported in Senate (RS)]

                                                       Calendar No. 592

105th CONGRESS

  2d Session

                                S. 1021

                          [Report No. 105-340]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 21, 1998

                       Reported with an amendment
                                                       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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Veterans Employment 
Opportunities Act of 1997''.</DELETED>

<DELETED>SEC. 2. EQUAL ACCESS FOR VETERANS.</DELETED>

<DELETED>    (a) Competitive Service.--Section 3304 of title 5, United 
States Code, is amended by adding at the end the following:</DELETED>
<DELETED>    ``(f)(1) No preference eligible, and no individual (other 
than a preference eligible) who has been separated from the armed 
forces under honorable conditions after 3 or more years of active 
service, shall be denied the opportunity to compete for an announced 
vacant position within an agency, in the competitive service or the 
excepted service, by reason of--</DELETED>
        <DELETED>    ``(A) not having acquired competitive status; 
        or</DELETED>
        <DELETED>    ``(B) not being an employee of such 
        agency.</DELETED>
<DELETED>    ``(2) Nothing in this subsection shall prevent an agency 
from filling a vacant position (whether by appointment or otherwise) 
solely from individuals on a priority placement list consisting of 
individuals who have been separated from the agency due to a reduction 
in force and surplus employees (as defined under regulations prescribed 
by the Office).''.</DELETED>
<DELETED>    (b) Civil Service Employment Information.--</DELETED>
        <DELETED>    (1) Vacant positions.--Section 3327(b) of title 5, 
        United States Code, is amended by striking ``and'' at the end 
        of paragraph (1), by redesignating paragraph (2) as paragraph 
        (3), and by inserting after paragraph (1) the 
        following:</DELETED>
        <DELETED>    ``(2) each vacant position in the agency for which 
        competition is restricted to individuals having competitive 
        status or employees of such agency, excluding any position 
        under paragraph (1), and''.</DELETED>
        <DELETED>    (2) Additional information.--Section 3327 of title 
        5, United States Code, is amended by adding at the end the 
        following:</DELETED>
<DELETED>    ``(c) Any notification provided under this section shall, 
for all positions under subsection (b)(1) as to which section 3304(f) 
applies and for all positions under subsection (b)(2), include a 
notation as to the applicability of section 3304(f) with respect 
thereto.</DELETED>
<DELETED>    ``(d) In consultation with the Secretary of Labor, the 
Office shall submit to Congress and the President, no less frequently 
than every 2 years, a report detailing, with respect to the period 
covered by such report--</DELETED>
        <DELETED>    ``(1) the number of positions listed under this 
        section during such period;</DELETED>
        <DELETED>    ``(2) the number of preference eligibles and other 
        individuals described in section 3304(f)(1) referred to such 
        positions during such period; and</DELETED>
        <DELETED>    ``(3) the number of preference eligibles and other 
        individuals described in section 3304(f)(1) appointed to such 
        positions during such period.''.</DELETED>
<DELETED>    (c) Governmentwide Lists.--</DELETED>
        <DELETED>    (1) Vacant positions.--Section 3330(b) of title 5, 
        United States Code, is amended to read as follows:</DELETED>
<DELETED>    ``(b) The Office of Personnel Management shall cause to be 
established and kept current--</DELETED>
        <DELETED>    ``(1) a comprehensive list of all announcements of 
        vacant positions (in the competitive service and the excepted 
        service, respectively) within each agency that are to be filled 
        by appointment for more than 1 year and for which applications 
        are being or will soon be accepted from outside the agency's 
        work force; and</DELETED>
        <DELETED>    ``(2) a comprehensive list of all announcements of 
        vacant positions within each agency for which applications are 
        being or will soon be accepted and for which competition is 
        restricted to individuals having competitive status or 
        employees of such agency, excluding any position required to be 
        listed under paragraph (1).''.</DELETED>
        <DELETED>    (2) Additional information.--Section 3330(c) of 
        title 5, United States Code, is amended by striking ``and'' at 
        the end of paragraph (2), by redesignating paragraph (3) as 
        paragraph (4), and by inserting after paragraph (2) the 
        following:</DELETED>
        <DELETED>    ``(3) for all positions under subsection (b)(1) as 
        to which section 3304(f) applies and for all positions under 
        subsection (b)(2), a notation as to the applicability of 
        section 3304(f) with respect thereto; and''.</DELETED>
        <DELETED>    (3) Conforming amendment.--Section 3330(d) of 
        title 5, United States Code, is amended by striking ``The 
        list'' and inserting ``Each list under subsection 
        (b)''.</DELETED>
<DELETED>    (d) Provisions Relating to the United States Postal 
Service.--</DELETED>
        <DELETED>    (1) In general.--Subsection (a) of section 1005 of 
        title 39, United States Code, is amended by adding at the end 
        the following:</DELETED>
<DELETED>    ``(5)(A) The provisions of section 3304(f) of title 5 
shall apply with respect to the Postal Service in the same manner and 
under the same conditions as if the Postal Service were an agency 
within the meaning of such provisions.</DELETED>
<DELETED>    ``(B) Nothing in this subsection shall be considered to 
require the application of section 3304(f) of title 5 in the case of 
any individual who is not an employee of the Postal Service if--
</DELETED>
        <DELETED>    ``(i) the vacant position involved is to be filled 
        pursuant to a collective-bargaining agreement;</DELETED>
        <DELETED>    ``(ii) the collective-bargaining agreement 
        restricts competition for such position to individuals employed 
        in a bargaining unit or installation within the Postal Service 
        in which the position is located;</DELETED>
        <DELETED>    ``(iii) the collective-bargaining agreement 
        provides that the successful applicant shall be selected on the 
        basis of seniority or qualifications; and</DELETED>
        <DELETED>    ``(iv) the position to be filled is within a 
        bargaining unit.</DELETED>
<DELETED>    ``(C) The provisions of this paragraph shall not be 
modified by any program developed under section 1004 of this title or 
any collective-bargaining agreement entered into under chapter 12 of 
this title.''.</DELETED>
        <DELETED>    (2) Conforming amendment.--The first sentence of 
        section 1005(a)(2) of title 39, United States Code, is amended 
        by striking ``title.'' and inserting ``title, subject to 
        paragraph (5) of this subsection.''.</DELETED>

<DELETED>SEC. 3. SPECIAL PROTECTIONS FOR PREFERENCE ELIGIBLES IN 
              REDUCTIONS IN FORCE.</DELETED>

<DELETED>    (a) In General.--Section 3502 of title 5, United States 
Code, as amended by section 1034 of the National Defense Authorization 
Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 430), is 
amended by adding at the end the following:</DELETED>
<DELETED>    ``(g)(1) A position occupied by a preference eligible 
shall not be placed in a single-position competitive level if the 
preference eligible is qualified to perform the essential functions of 
any other position at the same grade (or occupational level) in the 
competitive area. In such cases, the preference eligible shall be 
entitled to be placed in another competitive level for which such 
preference eligible is qualified. If the preference eligible is 
qualified for more than one competitive level, such preference eligible 
shall be placed in the competitive level containing the most 
positions.</DELETED>
<DELETED>    ``(2) For purposes of paragraph (1)--</DELETED>
        <DELETED>    ``(A) a preference eligible shall be considered 
        qualified to perform the essential functions of a position if, 
        by reason of experience, training, or education (and, in the 
        case of a disabled veteran, with reasonable accommodation), a 
        reasonable person could conclude that the preference eligible 
        would be able to perform those functions successfully within a 
        period of 150 days; and</DELETED>
        <DELETED>    ``(B) a preference eligible shall not be 
        considered unqualified solely because such preference eligible 
        does not meet the minimum qualification requirements relating 
        to previous experience in a specified grade (or occupational 
        level), if any, that are established for such position by the 
        Office of Personnel Management or the agency.</DELETED>
<DELETED>    ``(h) In connection with any reduction in force, a 
preference eligible whose current or most recent performance rating is 
at least fully successful (or the equivalent) shall have, in addition 
to such assignment rights as are prescribed by regulation, the right, 
in lieu of separation, to be assigned to any position within the agency 
conducting the reduction in force--</DELETED>
        <DELETED>    ``(1) for which such preference eligible is 
        qualified under subsection (g)(2)--</DELETED>
                <DELETED>    ``(A) that is within the preference 
                eligible's commuting area and at the same grade (or 
                occupational level) as the position from which the 
                preference eligible was released, and that is then 
                occupied by an individual, other than another 
                preference eligible, who was placed in such position 
                (whether by appointment or otherwise) within 6 months 
                before the reduction in force if, within 12 months 
                prior to the date on which such individual was so 
                placed in such position, such individual had been 
                employed in the same competitive area as the preference 
                eligible; or</DELETED>
                <DELETED>    ``(B) that is within the preference 
                eligible's competitive area and that is then occupied 
                by an individual, other than another preference 
                eligible, who was placed in such position (whether by 
                appointment or otherwise) within 6 months before the 
                reduction in force; or</DELETED>
        <DELETED>    ``(2) for which such preference eligible is 
        qualified that is within the preference eligible's competitive 
        area and that is not more than 3 grades (or pay levels) below 
        that of the position from which the preference eligible was 
        released, except that, in the case of a preference eligible 
        with a compensable service-connected disability of 30 percent 
        or more, this paragraph shall be applied by substituting `5 
        grades' for `3 grades'.</DELETED>
<DELETED>In the event that a preference eligible is entitled to 
assignment to more than 1 position under this subsection, the agency 
shall assign the preference eligible to any such position requiring no 
reduction (or, if there is no such position, the least reduction) in 
basic pay. A position shall not, with respect to a preference eligible, 
be considered to satisfy the requirements of paragraph (1) or (2), as 
applicable, if it does not last for at least 12 months following the 
date on which such preference eligible is assigned to such position 
under this subsection.</DELETED>
<DELETED>    ``(i) A preference eligible may challenge the 
classification of any position to which the preference eligible asserts 
assignment rights (as provided by, or prescribed by regulations 
described in, subsection (h)) in an action before the Merit Systems 
Protection Board.</DELETED>
<DELETED>    ``(j)(1) Not later than 90 days after the date of the 
enactment of the Veterans Employment Opportunities Act of 1997, each 
Executive agency shall establish an agencywide priority placement 
program to facilitate employment placement for employees who--
</DELETED>
        <DELETED>    ``(A)(i) are scheduled to be separated from 
        service due to a reduction in force under--</DELETED>
                <DELETED>    ``(I) regulations prescribed under this 
                section; or</DELETED>
                <DELETED>    ``(II) procedures established under 
                section 3595; or</DELETED>
        <DELETED>    ``(ii) are separated from service due to such a 
        reduction in force; and</DELETED>
        <DELETED>    ``(B)(i) have received a rating of at least fully 
        successful (or the equivalent) as the last performance rating 
        of record used for retention purposes; or</DELETED>
        <DELETED>    ``(ii) occupy positions excluded from a 
        performance appraisal system by law, regulation, or 
        administrative action taken by the Office of Personnel 
        Management.</DELETED>
<DELETED>    ``(2)(A) Each agencywide priority placement program under 
this subsection shall include provisions under which a vacant position 
shall not (except as provided in this paragraph or any other statute 
providing the right of reemployment to any individual) be filled by the 
appointment or transfer of any individual from outside of that agency 
(other than an individual described in subparagraph (B)) if--</DELETED>
        <DELETED>    ``(i) there is then available any individual 
        described in subparagraph (B) who is qualified for the 
        position; and</DELETED>
        <DELETED>    ``(ii) the position--</DELETED>
                <DELETED>    ``(I) is at the same grade or pay level 
                (or the equivalent) or not more than 3 grades (or grade 
                intervals) below that of the position last held by such 
                individual before placement in the new 
                position;</DELETED>
                <DELETED>    ``(II) is within the same commuting area 
                as the individual's last-held position (as referred to 
                in subclause (I)) or residence; and</DELETED>
                <DELETED>    ``(III) has the same type of work schedule 
                (whether full-time, part-time, or intermittent) as the 
                position last held by the individual.</DELETED>
<DELETED>    ``(B) For purposes of an agencywide priority placement 
program, an individual shall be considered to be described in this 
subparagraph if such individual--</DELETED>
        <DELETED>    ``(i)(I) is an employee of such agency who is 
        scheduled to be separated, as described in paragraph (1)(A)(i); 
        or</DELETED>
        <DELETED>    ``(II) is an individual who became a former 
        employee of such agency as a result of a separation, as 
        described in paragraph (1)(A)(ii), excluding any individual who 
        separated voluntarily under subsection (f); and</DELETED>
        <DELETED>    ``(ii) satisfies clause (i) or (ii) of paragraph 
        (1)(B).</DELETED>
<DELETED>    ``(3)(A) If after a reduction in force the agency has no 
positions of any type within the local commuting areas specified in 
this subsection, the individual may designate a different local 
commuting area where the agency has continuing positions in order to 
exercise reemployment rights under this subsection. An agency may 
determine that such designations are not in the interest of the 
Government for the purpose of paying relocation expenses under 
subchapter II of chapter 57.</DELETED>
<DELETED>    ``(B) At its option, an agency may administratively extend 
reemployment rights under this subsection to include other local 
commuting areas.</DELETED>
<DELETED>    ``(4)(A) In selecting employees for positions under this 
subsection, the agency shall place qualified present and former 
employees in retention order by veterans' preference subgroup and 
tenure group.</DELETED>
<DELETED>    ``(B) An agency may not pass over a qualified present or 
former employee to select an individual in a lower veterans' preference 
subgroup within the tenure group, or in a lower tenure group.</DELETED>
<DELETED>    ``(C) Within a subgroup, the agency may select a qualified 
present or former employee without regard to the individual's total 
creditable service.</DELETED>
<DELETED>    ``(5) An individual is eligible for reemployment priority 
under this subsection for 2 years from the effective date of the 
reduction in force from which the individual will be, or has been, 
separated under this section or section 3595, as the case may 
be.</DELETED>
<DELETED>    ``(6) An individual loses eligibility for reemployment 
priority under this subsection when the individual--</DELETED>
        <DELETED>    ``(A) requests removal in writing;</DELETED>
        <DELETED>    ``(B) accepts or declines a bona fide offer under 
        this subsection or fails to accept such an offer within the 
        period of time allowed for such acceptance; or</DELETED>
        <DELETED>    ``(C) separates from the agency before being 
        separated under this section or section 3595, as the case may 
        be.</DELETED>
<DELETED>A present or former employee who declines a position with a 
representative rate (or equivalent) that is less than the rate of the 
position from which the individual was separated under this section 
retains eligibility for positions with a higher representative rate up 
to the rate of the individual's last position.</DELETED>
<DELETED>    ``(7) Whenever more than one individual is qualified for a 
position under this subsection, the agency shall select the most highly 
qualified individual, subject to paragraph (4).</DELETED>
<DELETED>    ``(8) The Office of Personnel Management shall issue 
regulations to implement this subsection.''.</DELETED>
<DELETED>    (b) Applicability.--</DELETED>
        <DELETED>    (1) In general.--Subject to paragraph (2), the 
        amendments made by this section shall apply with respect to--
        </DELETED>
                <DELETED>    (A) reductions in force taking effect 
                after the end of the 90-day period beginning on the 
                date of the enactment of this Act; or</DELETED>
                <DELETED>    (B) in the case of the Department of 
                Defense, reductions in force taking effect after the 
                end of the 1-year period beginning on the date of the 
                enactment of this Act.</DELETED>
        <DELETED>    (2) Ongoing reductions in force.--If an agency has 
        given written notice of a reduction in force to any of its 
        employees within a competitive area, in accordance with section 
        3502(d)(1)(A) of title 5, United States Code, before the 
        effective date under subparagraph (A) or (B) of paragraph (1), 
        as applicable, then, for purposes of determining the rights of 
        any employee within such area in connection with such reduction 
        in force, the amendments made by this section shall be treated 
        as if they had never been enacted. Nothing in the preceding 
        sentence shall affect any rights under a priority placement 
        program under section 3502(j) of title 5, United States Code, 
        as amended by this section.</DELETED>

<DELETED>SEC. 4. IMPROVED REDRESS FOR VETERANS.</DELETED>

<DELETED>    (a) In General.--Subchapter I of chapter 33 of title 5, 
United States Code, is amended by adding at the end the 
following:</DELETED>
<DELETED>``Sec. 3330a. Administrative redress</DELETED>
<DELETED>    ``(a)(1) Any preference eligible or other individual 
described in section 3304(f)(1) who alleges that an agency has violated 
such individual's rights under any statute or regulation relating to 
veterans' preference, or any right afforded such individual by section 
3304(f), may file a complaint with the Secretary of Labor.</DELETED>
<DELETED>    ``(2) A complaint under this subsection must be filed 
within 60 days after the date of the alleged violation, and the 
Secretary shall process such complaint in accordance with sections 4322 
(a) through (e)(1) and 4326 of title 38.</DELETED>
<DELETED>    ``(b)(1) If the Secretary of Labor is unable to resolve 
the complaint within 60 days after the date on which it is filed, the 
complainant may elect to appeal the alleged violation to the Merit 
Systems Protection Board in accordance with such procedures as the 
Merit Systems Protection Board shall prescribe, except that in no event 
may any such appeal be brought--</DELETED>
        <DELETED>    ``(A) before the 61st day after the date on which 
        the complaint is filed under subsection (a); or</DELETED>
        <DELETED>    ``(B) later than 15 days after the date on which 
        the complainant receives notification from the Secretary of 
        Labor under section 4322(e)(1) of title 38.</DELETED>
<DELETED>    ``(2) An appeal under this subsection may not be brought 
unless--</DELETED>
        <DELETED>    ``(A) the complainant first provides written 
        notification to the Secretary of Labor of such complainant's 
        intention to bring such appeal; and</DELETED>
        <DELETED>    ``(B) appropriate evidence of compliance with 
        subparagraph (A) is included (in such form and manner as the 
        Merit Systems Protection Board may prescribe) with the notice 
        of appeal under this subsection.</DELETED>
<DELETED>    ``(3) Upon receiving notification under paragraph (2)(A), 
the Secretary of Labor shall not continue to investigate or further 
attempt to resolve the complaint to which such notification 
relates.</DELETED>
<DELETED>    ``(c) This section shall not be construed to prohibit a 
preference eligible from appealing directly to the Merit Systems 
Protection Board from any action which is appealable to the Board under 
any other law, rule, or regulation, in lieu of administrative redress 
under this section.</DELETED>
<DELETED>``Sec. 3330b. Judicial redress</DELETED>
<DELETED>    ``(a) In lieu of continuing the administrative redress 
procedure provided under section 3330a(b), a preference eligible or 
other individual described in section 3304(f)(1) may elect, in 
accordance with this section, to terminate those administrative 
proceedings and file an action with the appropriate United States 
district court not later than 60 days after the date of the 
election.</DELETED>
<DELETED>    ``(b) An election under this section may not be made--
</DELETED>
        <DELETED>    ``(1) before the 121st day after the date on which 
        the appeal is filed with the Merit Systems Protection Board 
        under section 3330a(b); or</DELETED>
        <DELETED>    ``(2) after the Merit Systems Protection Board has 
        issued a judicially reviewable decision on the merits of the 
        appeal.</DELETED>
<DELETED>    ``(c) An election under this section shall be made, in 
writing, in such form and manner as the Merit Systems Protection Board 
shall by regulation prescribe. The election shall be effective as of 
the date on which it is received, and the administrative proceeding to 
which it relates shall terminate immediately upon the receipt of such 
election.</DELETED>
<DELETED>``Sec. 3330c. Remedy</DELETED>
<DELETED>    ``(a) If the Merit Systems Protection Board (in a 
proceeding under section 3330a) or a court (in a proceeding under 
section 3330b) determines that an agency has violated a right described 
in section 3330a, the Board or court (as the case may be) shall order 
the agency to comply with such provisions and award compensation for 
any loss of wages or benefits suffered by the individual by reason of 
the violation involved. If the Board or court determines that such 
violation was willful, it shall award an amount equal to backpay as 
liquidated damages.</DELETED>
<DELETED>    ``(b) A preference eligible or other individual described 
in section 3304(f)(1) who prevails in an action under section 3330a or 
3330b shall be awarded reasonable attorney fees, expert witness fees, 
and other litigation expenses.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections at the 
beginning of chapter 33 of title 5, United States Code, is amended by 
adding after the item relating to section 3330 the following:</DELETED>

<DELETED>``3330a. Administrative redress.
<DELETED>``3330b. Judicial redress.
<DELETED>``3330c. Remedy.''.

<DELETED>SEC. 5. EXTENSION OF VETERANS' PREFERENCE.</DELETED>

<DELETED>    (a) Amendment to Title 5, United States Code.--Paragraph 
(3) of section 2108 of title 5, United States Code, is amended by 
striking ``the Federal Bureau of Investigation and Drug Enforcement 
Administration Senior Executive Service, or the General Accounting 
Office;'' and inserting ``or the Federal Bureau of Investigation and 
Drug Enforcement Administration Senior Executive Service;''.</DELETED>
<DELETED>    (b) Amendments to Title 3, United States Code.--</DELETED>
        <DELETED>    (1) In general.--Chapter 2 of title 3, United 
        States Code, is amended by adding at the end the 
        following:</DELETED>
<DELETED>``Sec. 115. Veterans' preference</DELETED>
<DELETED>    ``(a) Subject to subsection (b), appointments under 
sections 105, 106, and 107 shall be made in accordance with section 
2108, and sections 3309 through 3312, of title 5.</DELETED>
<DELETED>    ``(b) Subsection (a) shall not apply to any appointment to 
a position the rate of basic pay for which is at least equal to the 
minimum rate established for positions in the Senior Executive Service 
under section 5382 of title 5 and the duties of which are comparable to 
those described in section 3132(a)(2) of such title or to any other 
position if, with respect to such position, the President makes 
certification--</DELETED>
        <DELETED>    ``(1) that such position is--</DELETED>
                <DELETED>    ``(A) a confidential or policy-making 
                position; or</DELETED>
                <DELETED>    ``(B) a position for which political 
                affiliation or political philosophy is otherwise an 
                important qualification; and</DELETED>
        <DELETED>    ``(2) that any individual selected for such 
        position is expected to vacate the position at or before the 
        end of the President's term (or terms) of office.</DELETED>
<DELETED>Each individual appointed to a position described in the 
preceding sentence as to which the expectation described in paragraph 
(2) applies shall be notified as to such expectation, in writing, at 
the time of appointment to such position.''.</DELETED>
        <DELETED>    (2) Clerical amendment.--The table of sections at 
        the beginning of chapter 2 of title 3, United States Code, is 
        amended by adding at the end the following:</DELETED>

<DELETED>``115. Veterans' preference.''.
<DELETED>    (c) Legislative Branch Appointments.--</DELETED>
        <DELETED>    (1) Definitions.--For the purposes of this 
        subsection, the terms ``employing office'', ``covered 
        employee'', and ``Board'' shall each have the meaning given 
        such term by section 101 of the Congressional Accountability 
        Act of 1995 (2 U.S.C. 1301).</DELETED>
        <DELETED>    (2) Rights and protections.--The rights and 
        protections established under section 2108, sections 3309 
        through 3312, and subchapter I of chapter 35, of title 5, 
        United States Code, shall apply to covered employees.</DELETED>
        <DELETED>    (3) Remedies.--</DELETED>
                <DELETED>    (A) In general.--The remedy for a 
                violation of paragraph (2) shall be such remedy as 
                would be appropriate if awarded under applicable 
                provisions of title 5, United States Code, in the case 
                of a violation of the relevant corresponding provision 
                (referred to in paragraph (2)) of such title.</DELETED>
                <DELETED>    (B) Procedure.--The procedure for 
                consideration of alleged violations of paragraph (2) 
                shall be the same as apply under section 401 of the 
                Congressional Accountability Act of 1995 (and the 
                provisions of law referred to therein) in the case of 
                an alleged violation of part A of title II of such 
                Act.</DELETED>
        <DELETED>    (4) Regulations to implement subsection.--
        </DELETED>
                <DELETED>    (A) In general.--The Board shall, pursuant 
                to section 304 of the Congressional Accountability Act 
                of 1995 (2 U.S.C. 1384), issue regulations to implement 
                this subsection.</DELETED>
                <DELETED>    (B) Agency regulations.--The regulations 
                issued under subparagraph (A) shall be the same as the 
                most relevant substantive regulations (applicable with 
                respect to the executive branch) promulgated to 
                implement the statutory provisions referred to in 
                paragraph (2) except insofar as the Board may 
                determine, for good cause shown and stated together 
                with the regulation, that a modification of such 
                regulations would be more effective for the 
                implementation of the rights and protections under this 
                subsection.</DELETED>
                <DELETED>    (C) Coordination.--The regulations issued 
                under subparagraph (A) shall be consistent with section 
                225 of the Congressional Accountability Act of 1995 (2 
                U.S.C. 1361).</DELETED>
        <DELETED>    (5) Applicability.--Notwithstanding any other 
        provision of this subsection, the term ``covered employee'' 
        shall not, for purposes of this subsection, include an 
        employee--</DELETED>
                <DELETED>    (A) whose appointment is made by the 
                President with the advice and consent of the 
                Senate;</DELETED>
                <DELETED>    (B) whose appointment is made by a Member 
                of Congress or by a committee or subcommittee of either 
                House of Congress; or</DELETED>
                <DELETED>    (C) who is appointed to a position, the 
                duties of which are equivalent to those of a Senior 
                Executive Service position (within the meaning of 
                section 3132(a)(2) of title 5, United States 
                Code).</DELETED>
        <DELETED>    (6) Effective date.--Paragraphs (2) and (3) shall 
        be effective as of the effective date of the regulations under 
        paragraph (4).</DELETED>
<DELETED>    (d) Judicial Branch Appointments.--</DELETED>
        <DELETED>    (1) In general.--Subject to paragraphs (2) through 
        (4), the Judicial Conference of the United States shall 
        prescribe regulations to provide for--</DELETED>
                <DELETED>    (A) veterans' preference in the 
                consideration of applicants for employment, and in the 
                conduct of any reductions in force, within the judicial 
                branch; and</DELETED>
                <DELETED>    (B) redress procedures for alleged 
                violations of any rights provided for under 
                subparagraph (A).</DELETED>
        <DELETED>    (2) Regulations to be based on existing 
        provisions.--Under the regulations--</DELETED>
                <DELETED>    (A) a preference eligible (as defined by 
                section 2108 of title 5, United States Code) shall be 
                afforded preferences similar to those under sections 
                3309 through 3312, and subchapter I of chapter 35, of 
                such title 5; and</DELETED>
                <DELETED>    (B) the redress procedures provided for 
                shall be similar to those under the amendments made by 
                section 4.</DELETED>
        <DELETED>    (3) Exclusions.--Nothing in the regulations shall 
        apply with respect to--</DELETED>
                <DELETED>    (A) an appointment made by the President, 
                with the advice and consent of the Senate;</DELETED>
                <DELETED>    (B) an appointment as a judicial 
                officer;</DELETED>
                <DELETED>    (C) an appointment as a law clerk or 
                secretary to a justice or judge of the United States; 
                or</DELETED>
                <DELETED>    (D) an appointment to a position, the 
                duties of which are equivalent to those of a Senior 
                Executive Service position (within the meaning of 
                section 3132(a)(2) of title 5, United States 
                Code).</DELETED>
        <DELETED>    (4) Consultation.--The regulations under this 
        subsection shall be prescribed by the Judicial Conference of 
        the United States, in consultation with--</DELETED>
                <DELETED>    (A) the largest congressionally chartered 
                veterans' service organization;</DELETED>
                <DELETED>    (B) 2 congressionally chartered veterans' 
                service organizations that represent former 
                noncommissioned officers;</DELETED>
                <DELETED>    (C) a congressionally chartered veterans' 
                service organization that represents veterans who have 
                fought in foreign wars;</DELETED>
                <DELETED>    (D) a congressionally chartered veterans' 
                service organization that represents veterans with 
                service-connected disabilities;</DELETED>
                <DELETED>    (E) a congressionally chartered veterans' 
                service organization that represents veterans of the 
                Vietnam era; and</DELETED>
                <DELETED>    (F) a congressionally chartered veterans' 
                service organization that represents veterans of World 
                War II, the Korean conflict, the Vietnam era, and the 
                Persian Gulf War.</DELETED>
        <DELETED>    (5) Definitions.--For purposes of this 
        subsection--</DELETED>
                <DELETED>    (A) the term ``judicial officer'' means a 
                justice, judge, or magistrate judge listed in 
                subparagraph (A), (B), (F), or (G) of section 376(a)(1) 
                of title 28, United States Code; and</DELETED>
                <DELETED>    (B) the term ``justice or judge of the 
                United States'' has the meaning given such term by 
                section 451 of such title 28.</DELETED>
        <DELETED>    (6) Submission to congress; effective date.--
        </DELETED>
                <DELETED>    (A) Submission to congress.--Within 5 
                months after the date of the enactment of this Act, the 
                Judicial Conference of the United States shall submit a 
                copy of the regulations prescribed under this 
                subsection to the Committee on Government Reform and 
                Oversight and the Committee on the Judiciary of the 
                House of Representatives and the Committee on 
                Governmental Affairs and the Committee on the Judiciary 
                of the Senate.</DELETED>
                <DELETED>    (B) Effective date.--The regulations 
                prescribed under this subsection shall take effect 6 
                months after the date of the enactment of this 
                Act.</DELETED>

<DELETED>SEC. 6. VETERANS' PREFERENCE REQUIRED FOR REDUCTIONS IN FORCE 
              IN THE FEDERAL AVIATION ADMINISTRATION.</DELETED>

<DELETED>    Section 347(b) of the Department of Transportation and 
Related Agencies Appropriations Act, 1996 (109 Stat. 460) is amended by 
striking ``and'' at the end of paragraph (6), by striking the period at 
the end of paragraph (7) and inserting ``; and'', and by adding at the 
end the following:</DELETED>
        <DELETED>    ``(8) sections 3501-3504, as such sections relate 
        to veterans' preference.''.</DELETED>

<DELETED>SEC. 7. DEFINITIONAL AMENDMENT.</DELETED>

<DELETED>    Subparagraph (A) of section 2108(1) of title 5, United 
States Code, is amended by inserting ``during a military operation in a 
qualified hazardous duty area (within the meaning of the first 2 
sentences of section 1(b) of Public Law 104-117) and in accordance with 
requirements that may be prescribed in regulations of the Secretary of 
Defense,'' after ``for which a campaign badge has been 
authorized,''.</DELETED>

<DELETED>SEC. 8. FAILURE TO COMPLY WITH VETERANS' PREFERENCE 
              REQUIREMENTS TO BE TREATED AS A PROHIBITED PERSONNEL 
              PRACTICE FOR CERTAIN PURPOSES.</DELETED>

<DELETED>    (a) In General.--Subsection (b) of section 2302 of title 
5, United States Code, is amended--</DELETED>
        <DELETED>    (1) by striking ``or'' at the end of paragraph 
        (10);</DELETED>
        <DELETED>    (2) by redesignating paragraph (11) as paragraph 
        (12); and</DELETED>
        <DELETED>    (3) by inserting after paragraph (10) the 
        following:</DELETED>
        <DELETED>    ``(11)(A) knowingly take, recommend, or approve 
        any personnel action if the taking of such action would violate 
        a veterans' preference requirement; or</DELETED>
        <DELETED>    ``(B) knowingly fail to take, recommend, or 
        approve any personnel action if the failure to take such action 
        would violate a veterans' preference requirement; 
        or''.</DELETED>
<DELETED>    (b) Definition; Limitation.--Section 2302 of title 5, 
United States Code, is amended by adding at the end the 
following:</DELETED>
<DELETED>    ``(e)(1) For the purpose of this section, the term 
`veterans' preference requirement' means any of the following 
provisions of law:</DELETED>
        <DELETED>    ``(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) and (with respect to a 
        preference eligible referred to in section 7511(a)(1)(B)) 
        subchapter II of chapter 75 and section 7701.</DELETED>
        <DELETED>    ``(B) Sections 943(c)(2) and 1784(c) of title 
        10.</DELETED>
        <DELETED>    ``(C) Section 1308(b) of the Alaska National 
        Interest Lands Conservation Act.</DELETED>
        <DELETED>    ``(D) Section 301(c) of the Foreign Service Act of 
        1980.</DELETED>
        <DELETED>    ``(E) Sections 106(f), 7281(e), and 7802(5) of 
        title 38.</DELETED>
        <DELETED>    ``(F) Section 1005(a) of title 39.</DELETED>
        <DELETED>    ``(G) Any other provision of law that the Director 
        of the Office of Personnel Management designates in regulations 
        as being a veterans' preference requirement for the purposes of 
        this subsection.</DELETED>
        <DELETED>    ``(H) Any regulation prescribed under subsection 
        (b) or (c) of section 1302 and any other regulation that 
        implements a provision of law referred to in any of the 
        preceding subparagraphs.</DELETED>
<DELETED>    ``(2) Notwithstanding any other provision of this title, 
no authority to order corrective action shall be available in 
connection with a prohibited personnel practice described in subsection 
(b)(11). Nothing in this paragraph shall be considered to affect any 
authority under section 1215 (relating to disciplinary 
action).''.</DELETED>
<DELETED>    (c) Repeals.--</DELETED>
        <DELETED>    (1) Provisions of title 10, united states code.--
        Section 1599c of title 10, United States Code, and the item 
        relating to such section in the table of sections at the 
        beginning of chapter 81 of such title are repealed.</DELETED>
        <DELETED>    (2) Section 2302(a)(1) of title 5, united states 
        code.--Subsection (a)(1) of section 2302 of title 5, United 
        States Code, is amended to read as follows:</DELETED>
<DELETED>    ``(a)(1) For the purpose of this title, `prohibited 
personnel practice' means any action described in subsection 
(b).''.</DELETED>
<DELETED>    (d) Savings Provision.--This section shall be treated as 
if it had never been enacted for purposes of any personnel action 
(within the meaning of section 2302 of title 5, United States Code) 
preceding the date of the enactment of this Act.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Employment Opportunities 
Act of 1998''.

SEC. 2. IMPROVED REDRESS FOR PREFERENCE ELIGIBLES.

    (a) In General.--Subchapter I of chapter 33 of title 5, United 
States Code, is amended by adding at the end the following:
``Sec. 3330a. Preference eligibles; administrative redress
    ``(a)(1) A preference eligible who alleges that an agency has 
violated such individual's rights under any statute or regulation 
relating to veterans' preference may file a complaint with the 
Secretary of Labor.
    ``(2)(A) A complaint under this subsection must be filed within 60 
days after the date of the alleged violation.
    ``(B) Such complaint shall be in writing, be in such form as the 
Secretary may prescribe, specify the agency against which the complaint 
is filed, and contain a summary of the allegations that form the basis 
for the complaint.
    ``(3) The Secretary shall, upon request, provide technical 
assistance to a potential complainant with respect to a complaint under 
this subsection.
    ``(b)(1) The Secretary of Labor shall investigate each complaint 
under subsection (a).
    ``(2) In carrying out any investigation under this subsection, the 
Secretary's duly authorized representatives shall, at all reasonable 
times, have reasonable access to, for purposes of examination, and the 
right to copy and receive, any documents of any person or agency that 
the Secretary considers relevant to the investigation.
    ``(3) In carrying out any investigation under this subsection, the 
Secretary may require by subpoena the attendance and testimony of 
witnesses and the production of documents relating to any matter under 
investigation. In case of disobedience of the subpoena or contumacy and 
on request of the Secretary, the Attorney General may apply to any 
district court of the United States in whose jurisdiction such 
disobedience or contumacy occurs for an order enforcing the subpoena.
    ``(4) Upon application, the district courts of the United States 
shall have jurisdiction to issue writs commanding any person or agency 
to comply with the subpoena of the Secretary or to comply with any 
order of the Secretary made pursuant to a lawful investigation under 
this subsection and the district courts shall have jurisdiction to 
punish failure to obey a subpoena or other lawful order of the 
Secretary as a contempt of court.
    ``(c)(1)(A) If the Secretary of Labor determines as a result of an 
investigation under subsection (b) that the action alleged in a 
complaint under subsection (a) occurred, the Secretary shall attempt to 
resolve the complaint by making reasonable efforts to ensure that the 
agency specified in the complaint complies with applicable provisions 
of statute or regulation relating to veterans' preference.
    ``(B) The Secretary of Labor shall make determinations referred to 
in subparagraph (A) based on a preponderance of the evidence.
    ``(2) If the efforts of the Secretary under subsection (b) with 
respect to a complaint under subsection (a) do not result in the 
resolution of the complaint, the Secretary shall notify the person who 
submitted the complaint, in writing, of the results of the Secretary's 
investigation under subsection (b).
    ``(d)(1) If the Secretary of Labor is unable to resolve a complaint 
under subsection (a) within 60 days after the date on which it is 
filed, the complainant may elect to appeal the alleged violation to the 
Merit Systems Protection Board in accordance with such procedures as 
the Merit Systems Protection Board shall prescribe, except that in no 
event may any such appeal be brought--
            ``(A) before the 61st day after the date on which the 
        complaint is filed; or
            ``(B) later than 15 days after the date on which the 
        complainant receives written notification from the Secretary 
        under subsection (c)(2).
    ``(2) An appeal under this subsection may not be brought unless--
            ``(A) the complainant first provides written notification 
        to the Secretary of such complainant's intention to bring such 
        appeal; and
            ``(B) appropriate evidence of compliance with subparagraph 
        (A) is included (in such form and manner as the Merit Systems 
        Protection Board may prescribe) with the notice of appeal under 
        this subsection.
    ``(3) Upon receiving notification under paragraph (2)(A), the 
Secretary shall not continue to investigate or further attempt to 
resolve the complaint to which the notification relates.
    ``(e)(1) This section shall not be construed to prohibit a 
preference eligible from appealing directly to the Merit Systems 
Protection Board from any action which is appealable to the Board under 
any other law, rule, or regulation, in lieu of administrative redress 
under this section.
    ``(2) A preference eligible may not pursue redress for an alleged 
violation described in subsection (a) under this section at the same 
time the preference eligible pursues redress for such violation under 
any other law, rule, or regulation.
``Sec. 3330b. Preference eligibles; judicial redress
    ``(a) In lieu of continuing the administrative redress procedure 
provided under section 3330a(d), a preference eligible may elect, in 
accordance with this section, to terminate those administrative 
proceedings and file an action with the appropriate United States 
district court not later than 60 days after the date of the election.
    ``(b) An election under this section may not be made--
            ``(1) before the 121st day after the date on which the 
        appeal is filed with the Merit Systems Protection Board under 
        section 3330a(d); or
            ``(2) after the Merit Systems Protection Board has issued a 
        judicially reviewable decision on the merits of the appeal.
    ``(c) An election under this section shall be made, in writing, in 
such form and manner as the Merit Systems Protection Board shall by 
regulation prescribe. The election shall be effective as of the date on 
which it is received, and the administrative proceeding to which it 
relates shall terminate immediately upon the receipt of such election.
``Sec. 3330c. Preference eligibles; remedy
    ``(a) If the Merit Systems Protection Board (in a proceeding under 
section 3330a) or a court (in a proceeding under section 3330b) 
determines that an agency has violated a right described in section 
3330a, the Board or court (as the case may be) shall order the agency 
to comply with such provisions and award compensation for any loss of 
wages or benefits suffered by the individual by reason of the violation 
involved. If the Board or court determines that such violation was 
willful, it shall award an amount equal to backpay as liquidated 
damages.
    ``(b) A preference eligible who prevails in an action under section 
3330a or 3330b shall be awarded reasonable attorney fees, expert 
witness fees, and other litigation expenses.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 33 of title 5, United States Code, is amended by adding after 
the item relating to section 3330 the following:

``3330a. Preference eligibles; administrative redress.
``3330b. Preference eligibles; judicial redress.
``3330c. Preference eligibles; remedy.''.

SEC. 3. EXTENSION OF VETERANS' PREFERENCE.

    (a) Amendment to Title 5, United States Code.--Paragraph (3) of 
section 2108 of title 5, United States Code, is amended by striking 
``the Federal Bureau of Investigation and Drug Enforcement 
Administration Senior Executive Service, or the General Accounting 
Office;'' and inserting ``or the Federal Bureau of Investigation and 
Drug Enforcement Administration Senior Executive Service;''.
    (b) Amendments to Title 3, United States Code.--
            (1) In general.--Chapter 2 of title 3, United States Code, 
        is amended by adding at the end the following:
``Sec. 115. Veterans' preference
    ``(a) Subject to subsection (b), appointments under sections 105, 
106, and 107 shall be made in accordance with section 2108, and 
sections 3309 through 3312, of title 5.
    ``(b) Subsection (a) shall not apply to any appointment to a 
position the rate of basic pay for which is at least equal to the 
minimum rate established for positions in the Senior Executive Service 
under section 5382 of title 5 and the duties of which are comparable to 
those described in section 3132(a)(2) of such title or to any other 
position if, with respect to such position, the President makes 
certification--
            ``(1) that such position is--
                    ``(A) a confidential or policy-making position; or
                    ``(B) a position for which political affiliation or 
                political philosophy is otherwise an important 
                qualification; and
            ``(2) that any individual selected for such position is 
        expected to vacate the position at or before the end of the 
        President's term (or terms) of office.
Each individual appointed to a position described in the preceding 
sentence as to which the expectation described in paragraph (2) applies 
shall be notified as to such expectation, in writing, at the time of 
appointment to such position.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 2 of title 3, United States Code, is 
        amended by adding at the end the following:

``115. Veterans' preference.''.
    (c) Legislative Branch Appointments.--
            (1) Definitions.--For the purposes of this subsection, the 
        terms ``covered employee'' and ``Board'' shall each have the 
        meaning given such term by section 101 of the Congressional 
        Accountability Act of 1995 (2 U.S.C. 1301).
            (2) Rights and protections.--The rights and protections 
        established under section 2108, sections 3309 through 3312, and 
        subchapter I of chapter 35, of title 5, United States Code, 
        shall apply to covered employees.
            (3) Remedies.--
                    (A) In general.--The remedy for a violation of 
                paragraph (2) shall be such remedy as would be 
                appropriate if awarded under applicable provisions of 
                title 5, United States Code, in the case of a violation 
                of the relevant corresponding provision (referred to in 
                paragraph (2)) of such title.
                    (B) Procedure.--The procedure for consideration of 
                alleged violations of paragraph (2) shall be the same 
                as apply under section 401 of the Congressional 
                Accountability Act of 1995 (and the provisions of law 
                referred to therein) in the case of an alleged 
                violation of part A of title II of such Act.
            (4) Regulations to implement subsection.--
                    (A) In general.--The Board shall, pursuant to 
                section 304 of the Congressional Accountability Act of 
                1995 (2 U.S.C. 1384), issue regulations to implement 
                this subsection.
                    (B) Agency regulations.--The regulations issued 
                under subparagraph (A) shall be the same as the most 
                relevant substantive regulations (applicable with 
                respect to the executive branch) promulgated to 
                implement the statutory provisions referred to in 
                paragraph (2) except insofar as the Board may 
                determine, for good cause shown and stated together 
                with the regulation, that a modification of such 
                regulations would be more effective for the 
                implementation of the rights and protections under this 
                subsection.
                    (C) Coordination.--The regulations issued under 
                subparagraph (A) shall be consistent with section 225 
                of the Congressional Accountability Act of 1995 (2 
                U.S.C. 1361).
            (5) Applicability.--Notwithstanding any other provision of 
        this subsection, the term ``covered employee'' shall not, for 
        purposes of this subsection, include an employee--
                    (A) whose appointment is made by the President with 
                the advice and consent of the Senate;
                    (B) whose appointment is made by a Member of 
                Congress or by a committee or subcommittee of either 
                House of Congress; or
                    (C) who is appointed to a position, the duties of 
                which are equivalent to those of a Senior Executive 
                Service position (within the meaning of section 
                3132(a)(2) of title 5, United States Code).
            (6) Effective date.--Paragraphs (2) and (3) shall be 
        effective as of the effective date of the regulations under 
        paragraph (4).
    (d) Judicial Branch Appointments.--
            (1) In general.--Subject to paragraphs (2) and (3), the 
        Judicial Conference of the United States shall prescribe 
        procedures to provide for--
                    (A) veterans' preference in the consideration of 
                applicants for employment, and in the conduct of any 
                reductions in force, within the judicial branch; and
                    (B) redress for alleged violations of any rights 
                provided for under subparagraph (A).
            (2) Procedures.--Under the procedures, a preference 
        eligible (as defined by section 2108 of title 5, United States 
        Code) shall be afforded preferences in a manner and to the 
        extent consistent with preferences afforded to preference 
        eligibles in the executive branch.
            (3) Exclusions.--Nothing in the procedures shall apply with 
        respect to an applicant or employee--
                    (A) whose appointment is made by the President with 
                the advice and consent of the Senate;
                    (B) whose appointment is as a judicial officer;
                    (C) whose appointment is required by statute to be 
                made by or with the approval of a court or judicial 
                officer; or
                    (D) whose appointment is to a position, the duties 
                of which are equivalent to those of a Senior Executive 
                Service position (within the meaning of section 
                3132(a)(2) of title 5, United States Code).
            (4) Definitions.--For purposes of this subsection, the term 
        ``judicial officer'' means a justice, judge, or magistrate 
        judge listed in subparagraph (A), (B), (F), or (G) of section 
        376(a)(1) of title 28, United States Code.
            (5) Submission to congress; effective date.--
                    (A) Submission to congress.--Not later than 12 
                months after the date of enactment of this Act, the 
                Judicial Conference of the United States shall submit a 
                copy of the procedures prescribed under this subsection 
                to the Committee on Government Reform and Oversight and 
                the Committee on the Judiciary of the House of 
                Representatives and the Committee on Governmental 
                Affairs and the Committee on the Judiciary of the 
                Senate.
                    (B) Effective date.--The procedures prescribed 
                under this subsection shall take effect 13 months after 
                the date of enactment of this Act.

SEC. 4. VETERANS' PREFERENCE REQUIRED FOR REDUCTIONS IN FORCE IN THE 
              FEDERAL AVIATION ADMINISTRATION.

    Section 347(b) of the Department of Transportation and Related 
Agencies Appropriations Act, 1996 (109 Stat. 460) is amended--
            (1) by striking ``and'' at the end of paragraph (6);
            (2) by striking the period at the end of paragraph (7) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(8) sections 3501-3504, as such sections relate to 
        veterans' preference.''.

SEC. 5. FAILURE TO COMPLY WITH VETERANS' PREFERENCE REQUIREMENTS TO BE 
              TREATED AS A PROHIBITED PERSONNEL PRACTICE FOR CERTAIN 
              PURPOSES.

    (a) In General.--Subsection (b) of section 2302 of title 5, United 
States Code, is amended--
            (1) by striking ``or'' at the end of paragraph (10);
            (2) by redesignating paragraph (11) as paragraph (12); and
            (3) by inserting after paragraph (10) the following:
            ``(11)(A) knowingly take, recommend, or approve any 
        personnel action if the taking of such action would violate a 
        veterans' preference requirement; or
            ``(B) knowingly fail to take, recommend, or approve any 
        personnel action if the failure to take such action would 
        violate a veterans' preference requirement; or''.
    (b) Definition; Limitation.--Section 2302 of title 5, United States 
Code, is amended by adding at the end the following:
    ``(e)(1) For the purpose of this section, the term `veterans' 
preference requirement' 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) and (with respect to a preference 
        eligible referred to in section 7511(a)(1)(B)) subchapter II of 
        chapter 75 and section 7701.
            ``(B) Sections 943(c)(2) and 1784(c) of title 10.
            ``(C) Section 1308(b) of the Alaska National Interest Lands 
        Conservation Act.
            ``(D) Section 301(c) of the Foreign Service Act of 1980.
            ``(E) Sections 106(f), 7281(e), and 7802(5) of title 38.
            ``(F) Section 1005(a) of title 39.
            ``(G) Any other provision of law that the Director of the 
        Office of Personnel Management designates in regulations as 
        being a veterans' preference requirement for the purposes of 
        this subsection.
            ``(H) Any regulation prescribed under subsection (b) or (c) 
        of section 1302 and any other regulation that implements a 
        provision of law referred to in any of the preceding 
        subparagraphs.
    ``(2) Notwithstanding any other provision of this title, no 
authority to order corrective action shall be available in connection 
with a prohibited personnel practice described in subsection (b)(11). 
Nothing in this paragraph shall be considered to affect any authority 
under section 1215 (relating to disciplinary action).''.
    (c) Repeals.--
            (1) Section 1599c of title 10, united states code.--
                    (A) Repeal.--Section 1599c of title 10, United 
                States Code, is repealed.
                    (B) Clerical amendment.--The table of sections at 
                the beginning of chapter 81 of such title is amended by 
                striking out the item relating to section 1599c.
            (2) Section 2302(a)(1) of title 5, united states code.--
        Subsection (a)(1) of section 2302 of title 5, United States 
        Code, is amended to read as follows:
    ``(a)(1) For the purpose of this title, `prohibited personnel 
practice' means any action described in subsection (b).''.
    (d) Savings Provision.--This section shall be treated as if it had 
never been enacted for purposes of any personnel action (within the 
meaning of section 2302 of title 5, United States Code) preceding the 
date of enactment of this Act.

SEC. 6. EXPANSION AND IMPROVEMENT OF VETERANS' EMPLOYMENT EMPHASIS 
              UNDER FEDERAL CONTRACTS.

    (a) Covered Veterans.--Section 4212 of title 38, United States 
Code, is amended--
            (1) in subsection (a), by striking out ``special disabled 
        veterans and veterans of the Vietnam era'' and inserting in 
        lieu thereof ``special disabled veterans, veterans of the 
        Vietnam era, and covered veterans of the Persian Gulf War'';
            (2) in subsection (b), by striking out ``special disabled 
        veteran or veteran of the Vietnam era'' and inserting in lieu 
        thereof ``special disabled veteran, veteran of the Vietnam era, 
        or covered veteran of the Persian Gulf War'';
            (3) in subsection (d)(1), by striking out ``veterans of the 
        Vietnam era or special disabled veterans'' both places it 
        appears and inserting in lieu thereof ``special disabled 
        veterans, veterans of the Vietnam era, or covered veterans of 
        the Persian Gulf War''; and
            (4) by adding at the end the following:
    ``(e) For purposes of this section, the term `covered veteran of 
the Persian Gulf War' means any veteran who served in the active 
military, naval, or air service in the Southwest Asia theater of 
operations during the period beginning on August 2, 1990, and ending on 
January 2, 1992.''.
    (b) Prohibition on Contracting With Entities Not Meeting Reporting 
Requirements.--(1) Subchapter III of chapter 13 of title 31, United 
States Code, is amended by adding at the end the following:
``Sec. 1354. Limitation on use of appropriated funds for contracts with 
              entities not meeting veterans' employment reporting 
              requirements
    ``(a)(1) Subject to paragraph (2), no agency may obligate or expend 
funds appropriated for the agency for a fiscal year to enter into a 
contract described in section 4212(a) of title 38 with a contractor 
from which a report was required under section 4212(d) of that title 
with respect to the preceding fiscal year if such contractor did not 
submit such report.
    ``(2) Paragraph (1) shall cease to apply with respect to a 
contractor otherwise covered by that paragraph on the date on which the 
contractor submits the report required by such section 4212(d) for the 
fiscal year concerned.
    ``(b) The Secretary of Labor shall take appropriate actions to 
notify agencies in a timely manner of the contractors covered by 
subsection (a).''.
    (2) The table of sections at the beginning of chapter 13 of such 
title is amended by adding at the end the following:

``1354. Limitation on use of appropriated funds for contracts with 
                            entities not meeting veterans' employment 
                            reporting requirements.''.

SEC. 7. REQUIREMENT FOR ADDITIONAL INFORMATION IN ANNUAL REPORTS FROM 
              FEDERAL CONTRACTORS ON VETERANS EMPLOYMENT.

    Section 4212(d)(1) of title 38, United States Code, as amended by 
6(a)(3), is further amended--
            (1) by striking out ``and'' at the end of subparagraph (A);
            (2) by striking out the period at the end of subparagraph 
        (B) and inserting in lieu thereof ``; and''; and
            (3) by adding at the end the following:
            ``(C) the maximum number and the minimum number of 
        employees of such contractor during the period covered by the 
        report.''.
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