Summary: S.1021 — 105th Congress (1997-1998)All Information (Except Text)

Bill summaries are authored by CRS.

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Passed Senate amended (10/05/1998)

Veterans Employment Opportunities Act of 1998 - Amends Federal employment provisions to prohibit veterans' preference eligibles or veterans who have been separated from military service under honorable conditions after three years or more of active service from being 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. Requires such announcements to indicate that such preference eligibles or veterans are so eligible. Directs the Office of Personnel Management to establish an appointing authority to appoint such preference eligibles and veterans.

Authorizes a preference eligible who alleges that an agency has violated his or her employment rights to file a complaint with the Secretary of Labor, requiring such complaint to be filed within 60 days of the alleged violation.

Requires the Secretary to investigate each such complaint and to resolve complaints found to be legitimate by ensuring agency compliance with the appropriate preference eligible statute or regulation. Provides that, if the Secretary is unable to resolve a complaint within 60 days, then the complainant may elect to appeal the alleged violation to the Merit Systems Protection Board (Board). Authorizes a preference eligible, in lieu of a Board proceeding, to elect to terminate further administrative proceedings and file an action with the appropriate U.S. district court.

Provides that, if the Board or a court determines that an agency has violated a preference eligible right, it shall order the agency to comply with the appropriate statute or regulation and award compensation for wages or benefits lost due to such violation.

Applies preference eligible requirements to: (1) the General Accounting Office; and (2) positions within the staff of the President, Vice President, and Domestic Policy Staff and Office of Administration. Provides exceptions for (2), above, with respect to positions which are confidential or policy-making positions and positions for which political affiliation or philosophy is an important qualification when, in either case, the individual selected is expected to vacate the position at or before the end of that President's term(s) of office.

Extends the veterans' preference to appointments to the legislative branch, with specified exclusions.

Requires the Judicial Conference of the United States to prescribe procedures for: (1) veterans' preference in the consideration of applicants for employment within the judicial branch; and (2) redress for alleged violations of such requirements. Provides exclusions. Requires the Conference to provide specified congressional committees with a copy of such procedures.

Amends the Department of Transportation and Related Agencies Appropriations Act, 1996 to apply veterans' preference requirements to reductions in force in the Federal Aviation Administration.

Prohibits any employee authorized to take personnel actions from knowingly taking, or failing to take, any personnel action if such taking or failure would violate a preference eligible requirement.

Includes within a veterans' employment preference under Federal procurement contracts of $25,000 (currently $10,000) or more any veteran who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized. Prohibits an agency from obligating or expending appropriated funds to enter into such a contract with a contractor who did not comply with certain reporting requirements regarding the use of such preference for contracts awarded in a previous fiscal year. Requires the Secretary to make available in a database a list of contractors that have complied with such reporting requirements. Requires the inclusion within such report of information concerning the maximum and minimum number of employees of such contractor during the period covered.