Veterans Employment Opportunities Act of 1998
PL 105-339 (S.1021), enacted 10/31/1998

112 STAT. 3182 
PUBLIC LAW 105-339—OCT. 31, 1998 
Public Law 105-339 
105th Congress 
Oct. 31, 1998 
[S. 1021] 
Veterans 
Eraplo3nnent 
Opportumties 
Act of 1998. 
5 use 2101 note. 
An Act 
Deadline. 
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, 
SECTION 1. SHORT TITLE. 
Tliis Act may be cited as the "Veterans Emplosntnent Opportuni-
ties Act of 1998". 
SEC. 2. ACCESS FOR VETERANS. 
Section 3304 of title 5, United States Code, is amended by 
adding at the end the following: 
"(f)(1) Preference eligibles or veterans who have been separated 
from the armed forces under honorable conditions after 3 years 
or more of active service may not be denied the opportunity to 
compete for vacant positions for which ihe agency making the 
announcement will accept appHcations from individuals outside its 
own workforce under merit promotion procedures. 
"(2) This subsection shall not be construed to confer an entitle-
ment to veterans' preference that is not otherwise required by 
law. 
"(3) The area of consideration for all merit promotion announce-
ments which include consideration of individuals of the Federal 
workforce shall indicate that preference eligibles and veterans who 
have been separated from the armed forces under honorable condi-
tions after 3 years or more of active service are eUgible to apply. 
The announcements shall be publicized in accordance with section 
3327. 
"(4) The Office of Personnel Management shall establish an 
appointing authority to appoint such preference eligibles and veter-
ans. . 
SEC. 3. IMPROVED REDRESS FOR PREFERENCE EUGOBLES. 
(a) IN GENERAL.—Subchs^ter I of chapter 33 of title 5, United 
States Code, is amended by adding at the end the following: 
^§ 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 Sec-
retary of Labor. 
"(2XA) A complaint under this subsection must be filed within 
60 days after the date of the alleged violation. 
PUBLIC LAW 105-339—OCT. 31, 1998 
112 STAT. 3183 
"(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 assist-
ance 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 reason-
able 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 testi-
mony 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 Attor-
ney 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 Courts. 
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 investiga-
tion under this subsection and the district courts shall have jurisdic-
tion 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 
Notification. 
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 
Secretarys 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 com-
plaint 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— 
112 STAT. 3184 
PUBLIC LAW 105-339—OCT. 31, 1998 
"(A) the complainant first provides written notification to 
the Secretary of such complaingmt'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 pref-
erence eligible fi*om appealing directly to the Merit Systems Protec-
tion Board fi'om 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 imder 
any other law, rule, or regulation. 
^§ 3330b. Preference eligibles; judicial redress 
Deadline. 
"(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 sifter the date of the election. 
"(b) An election imder 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 judicisilly reviewable decision on the merits of the appeal. 
Regulations. 
"(c) An election under this section shall be made, in writing, 
in such form and manner as the Merit Systems Protection Board 
Effective date. 
shall bv regulation prescribe. The election shall be effective as 
of the oate on which it is received, and the administrative proceed-
ing to which it relates shall terminate immediately upon the receipt 
of such election. 
"§ 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 com-
pensation 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 begin-
ning 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.". 
PUBLIC LAW 105-339—OCT. 31, 1998 
112 STAT. 3185 
SEC. 
4
. 
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 Enforce-
ment Administration Senior Executive Service, or the General 
Accounting Office;" and inserting "or the Federal Bureau of Inves-
tigation 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: 
*
*
§ 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 £iny other position if, with respect to such position, the Presi-
dent 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" £ina "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 para-
graph (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 
Notification. 
2 use 1316a. 
112 STAT. 3186 
PUBLIC LAW 105-339—OCT. 31, 1998 
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 sub-
section. 
(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 Con-
gress 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 posi-
tion (within the meaning of section 3132(a)(2) of title 5, 
United States Code). 
(6) EFFECTIVE DATE.—Paragraphs (2) and (3) shall be effec-
tive as of the effective date of the regulations under paragraph 
(4). 
28 u s e 601 note. 
(d) JUDICIAL BRANCH APPOINTMENTS.— 
Procedures. 
(1) IN GENERAL.—Subject to paragraphs (2) and (3), the 
Judicial Conference of the United States shall prescribe proce-
dures to provide for— 
(A) veterans' preference 
in the 
consideration of 
applicants for employment, and in the conduct of any reduc-
tions 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 eligi-
bles 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; 
PUBLIC LAW 105-339—OCT. 31, 1998 
112 STAT. 3187 
(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 
hsted 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. 5. VETERANS' PREFERENCE REQUIRED FOR REDUCTIONS IN 49 USC 106 note. 
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. 6. FAILURE 
TO 
COMPLY 
WITH 
VETERANS' 
PREFERENCE 
REQUIREMENTS TO BE TREATED AS A PROHIBITED PERSON-
NEL 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 vetersins' 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' pref-
erence 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 
112 STAT. 3188 
PUBLIC LAW 105-339—OCT. 31, 1998 
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 subpara-
graphs. 
"(2) Notwithstanding any other provision of this title, no author-
ity to order corrective action shall be available in connection with 
a prohibited personnel practice described in subsection (b)(ll). Noth-
ing 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 prac-
tice' means any action described in subsection (b).". 
5 use 2302 note. 
(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. 7. 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)— 
(A) by striking out "$10,000" and inserting in lieu 
thereof "$25,000"; and 
(B) by striking out "special disabled veterans and veter-
ans of the Vietnam era" and inserting in lieu thereof "spe-
cial disabled veterans, veterans of the Vietnam era, and 
any other veterans who served on active duty during a 
war or in a campaign or expedition for which a campaign 
badge has been authorized"; 
(2) in subsection (b), by striking out "special disabled vet-
eran or veteran of the Vietnam era" and inserting in lieu 
thereof "veteran covered by the first sentence of subsection 
(a)"; and 
(3) in subsection (d)(1), by striking out "veterans of the 
Vietnam era or special disabled veterans both places it appears 
PUBLIC LAW 105-339—OCT. 31, 1998 
112 STAT. 3189 
and inserting in lieu thereof "special disabled veterans, veterans 
of the Vietnam era, or other veterans who served on active 
duty during a war or in a campaign or expedition for which 
a campaign badge has been authorized". 
(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: 
''§ 1354. Limitation on use of appropriated funds for contracts 
with entities not meeting veterans' emplojmient 
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 contrac-
tor did not submit such report. 
"(2) Paragraph (1) shall cease to apply with respect to a contrac-
tor 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 make available in a database Records. 
a list of the contractors that have complied with the provisions 
of such section 4212(d).". 
(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 meet-
ing veterans' employment reporting requirements.". 
SEC. 8. 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 section 7(a)(3) of this Act, 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 
112 STAT. 3190 
PUBLIC LAW 105-339—OCT. 31, 1998 
(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.". 
Approved October 31, 1998. 
LEGISLATIVE HISTORY—S. 1021 (H.R. 240): 
HOUSE REPORTS: No. 105-40, Pt. 1 accompanying H.R. 240 (Coram, on Govern-
ment Reform and Oversight). 
SENATE REPORTS: No. 105-340 (Coram, on Veterans' Affairs). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
Oct. 5, considered and passed Senate. 
Oct. 8, considered and passed House.