[Congressional Record Volume 144, Number 137 (Monday, October 5, 1998)]
[Senate]
[Pages S11506-S11511]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             VETERANS EMPLOYMENT OPPORTUNITIES ACT OF 1998

  Mr. GRAMS. Mr. President, I ask unanimous consent that the Senate now 
proceed to the consideration of calendar No. 592, S. 1021.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       A bill (S. 1021) 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.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the 
bill, which had been reported from the Committee on Veterans' Affairs, 
with an amendment to strike all after the enacting clause and inserting 
in lieu thereof the following:

     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

[[Page S11507]]

     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--

[[Page S11508]]

       (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.''.


                           Amendment No. 3738

                    (Purpose: To improve the bill.)

  Mr. GRAMS. Mr. President, Senator Specter has an amendment at the 
desk, and I ask for its consideration.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Minnesota [Mr. Grams] for Mr. Specter, 
     proposes an amendment numbered 3738.

  Mr. GRAMS. Mr. President, I ask unanimous consent that reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 31, between lines 3 and 4, insert the following:

     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 the 
     agency making the announcement will accept applications from 
     individuals outside its own workforce under merit promotion 
     procedures.
       ``(2) This subsection shall not be construed to confer an 
     entitlement to veterans' preference that is not otherwise 
     required by law.
       ``(3) The area of consideration for all merit promotion 
     announcements 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 conditions after 3 years or more of 
     active service are eligible to apply. The announcements shall 
     be publicized in accordance with section 3327.
       ``(4) The Office of Personnel and Management shall 
     establish an appointing authority to appoint such preference 
     eligibles and veterans.''.
       On page 31, line 4, strike out ``SEC. 2.'' and insert in 
     lieu thereof ``SEC. 3.''.
       On page 36, line 14, strike out ``SEC. 3.'' and insert in 
     lieu thereof ``SEC. 4.''.
       On page 43, line 4, strike out ``SEC. 4.'' and insert in 
     lieu thereof ``SEC. 5.''.
       On page 43, line 17, strike out ``SEC. 5.'' and insert in 
     lieu thereof ``SEC. 6.''.
       On page 46, line 18, strike out ``SEC. 6.'' and insert in 
     lieu thereof ``SEC. 7.''.

[[Page S11509]]

       On page 46, strike out line 23 and all that follows through 
     page 47, line 20, and insert in lieu thereof the following:
       (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 
     veterans of the Vietnam era'' and inserting in lieu thereof 
     ``special 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 
     veteran 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 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''.
       On page 48, strike out lines 15 through 17 and insert in 
     lieu thereof the following:
       ``(b) The Secretary of Labor shall make available in a 
     database a list of the contractors that have complied with 
     the provisions of such section 4212(d).''.
       On page 49, line 1, strike out ``SEC. 7.'' and insert in 
     lieu thereof ``SEC. 8.''.
       On page 49, line 5, strike out ``6(a)(3)'' and insert in 
     lieu thereof ``section 7(a)(3) of this Act''.

  Mr. GRAMS. Mr. President, I ask unanimous consent that the amendment 
be agreed to.
  The amendment (No. 3738) was agreed to.
  Mr. GRAMS. I ask unanimous consent that the committee amendment, as 
amended, be agreed to, the bill be considered read the third time and 
passed, the motion to reconsider be laid upon the table, and that any 
statements relating to the bill appear at the appropriate place in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment, as amended, was agreed to.
  The bill (S. 1021), as amended, was considered read the third time 
and passed, as follows:

                                S. 1021

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Veterans Employment 
     Opportunities 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 the 
     agency making the announcement will accept applications from 
     individuals outside its own workforce under merit promotion 
     procedures.
       ``(2) This subsection shall not be construed to confer an 
     entitlement to veterans' preference that is not otherwise 
     required by law.
       ``(3) The area of consideration for all merit promotion 
     announcements 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 conditions after 3 years or more of 
     active service are eligible to apply. The announcements shall 
     be publicized in accordance with section 3327.
       ``(4) The Office of Personnel and Management shall 
     establish an appointing authority to appoint such preference 
     eligibles and veterans.''.

     SEC. 3. 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.

[[Page S11510]]

       ``(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. 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 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. 5. 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. 6. 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).''.

[[Page S11511]]

       (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. 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 
     veterans of the Vietnam era'' and inserting in lieu thereof 
     ``special 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 
     veteran 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 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:

     ``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 make available in a 
     database 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 meeting 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
       (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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