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S 1021 - 105

Veterans Employment Opportunities Act of 1998

Became Public Law No: 105-339.

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Defense
4 evidence matches
Impact 100% Confidence 92%

Armed Forces and National Security

Armed Forces and National Security

Veterans Employment Opportunities Act of 1998 Became Public Law No: 105-339. Armed Forces and National Security

Labor and employment
1 evidence matches
Impact 81% Confidence 75%

Veterans Employment Opportunities Act of 1998 Became Public Law No: 105-339. Armed Forces and National Security

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Summary

35 Passed Senate amended Jan 11, 2001

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.

01 Reported to Senate with amendment(s) Jan 11, 2001

Veterans Employment Opportunities Act of 1998 - Authorizes a veterans' 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 $10,000 or more any veteran who served in active duty in the Southwest Asia theater of operations (Persian Gulf) during the period beginning on August 2, 1990, and ending on January 2, 1992. 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 inclusion within such report of information concerning the maximum and minimum number of employees of such contractor during the period covered.

00 Introduced in Senate Jan 11, 2001

Veterans Employment Opportunities Act of 1997 - Provides that a veterans' preference eligible (PE) or an individual who has been separated from military service under honorable conditions after three or more years of active duty shall not be denied the opportunity to compete for a vacant position within a Federal agency, either in the competitive or excepted service, by reason of: (1) not having acquired competitive status; or (2) not being an employee of such agency. Requires each agency to notify the Office of Personnel Management (OPM) and U.S. employment offices of each vacant position for which competition is restricted to employees or individuals having competitive service. Requires OPM, at least every two years, to submit to the Congress and the President a report detailing for the prior period the number of such vacant positions in the Federal Government and the number of PE or separated individuals referred or appointed to such positions. Directs OPM to establish and keep current a comprehensive list of all announcements of vacant positions within each agency for which competition is so restricted. Applies such PE requirements to the Postal Service, with exceptions for certain collective bargaining positions. Prohibits, during a Federal reduction in force (RIF), a position occupied by a PE from being placed in a single-position competitive level if the PE is qualified to perform the essential functions of any other position at the same grade in the competitive area (defined as being able to perform such functions within 150 days). Entitles a PE whose current or latest performance rating is at least fully successful to be assigned during a RIF to any position for which he or she is qualified that is within: (1) the PE's commuting area and is currently occupied by an individual placed in such position within six months before the RIF; or (2) the PE's competitive area and is not more than three grades below the position from which the PE was released (with an exception). Authorizes a PE to challenge the classification of any position to which the PE asserts assignment rights in an action before the Merit Systems Protection Board. Requires each agency to establish an agency-wide priority placement program to facilitate employment placement for PEs who are scheduled to be or who are separated from service due to a RIF and who have received a rating of at least fully successful at their last performance evaluation or who occupy positions excluded from a performance appraisal system. Allows an individual to designate a different local commuting area in order to exercise reemployment rights if there are no alternative positions within the most local area. Requires an agency to place qualified present and former employees in retention order by PE subgroup and tenure group. Makes an individual eligible for reemployment for two years after a RIF. Provides conditions under which an individual loses eligibility for such reemployment. Provides administrative and judicial redress and remedies for any PE or other individual who alleges that an agency has violated such individual's veterans' preference or related rights. Extends the veterans' preference to: (1) employment within the General Accounting Office; (2) appointments made to the Office of the President (with an exception when the President certifies that the position is a confidential, policy-making, or political position); and (3) appointments to the legislative branch (with specified exclusions). Establishes administrative remedies and procedures for PE and separated individuals with respect to appointments within the legislative or judicial branches of the Federal Government. Requires the Judicial Conference of the United States to prescribe regulations to provide for: (1) veterans' preference in the consideration of applicants for employment, and in the conduct of any RIF, within the judicial branch; and (2) redress procedures for alleged violations of any rights of such individuals. Requires the Conference to: (1) consult with specified congressionally chartered veterans' service organizations when considering such regulations; and (2) provide specified congressional committees with a copy of such regulations. Extends the veterans' preference to RIFs in the Federal Aviation Administration. Includes among PE veterans those who served during a military operation in a qualified hazardous duty area under requirements prescribed by the Secretary of Defense. 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 PE requirement.

Sponsors

Timeline

Oct 31, 1998

Signed by President.

Oct 31, 1998

Signed by President.

Oct 31, 1998

Became Public Law No: 105-339.

Oct 31, 1998

Became Public Law No: 105-339.

Oct 20, 1998

Presented to President.

Oct 20, 1998

Presented to President.

Oct 8, 1998

Mr. Mica moved to suspend the rules and pass the bill.

Oct 8, 1998

Considered under suspension of the rules. (consideration: CR H10185-10190)

Oct 8, 1998

DEBATE - The House proceeded with forty minutes of debate.

Oct 8, 1998

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.

Oct 8, 1998

On motion to suspend the rules and pass the bill Agreed to by voice vote.

Oct 8, 1998

Motion to reconsider laid on the table Agreed to without objection.

Oct 6, 1998

Received in the House.

Oct 6, 1998

Message on Senate action sent to the House.

Oct 6, 1998

Held at the desk.

Oct 5, 1998

Measure laid before Senate by unanimous consent. (consideration: CR S11506-11509)

Oct 5, 1998

Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.

Oct 5, 1998

Passed Senate with an amendment by Unanimous Consent.

Sep 21, 1998

Committee on Veterans Affairs. Reported to Senate by Senator Specter with an amendment in the nature of a substitute. With written report No. 105-340.

Sep 21, 1998

Committee on Veterans Affairs. Reported to Senate by Senator Specter with an amendment in the nature of a substitute. With written report No. 105-340.

Sep 21, 1998

Placed on Senate Legislative Calendar under General Orders. Calendar No. 592.

Jul 28, 1998

Committee on Veterans Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.

Mar 24, 1998

Committee on Veterans Affairs. Hearings held. Hearings printed: S.Hrg. 105-949.

Jul 16, 1997

Introduced in Senate

Jul 16, 1997

Sponsor introductory remarks on measure. (CR S7603-7604)

Jul 16, 1997

Read twice and referred to the Committee on Veterans Affairs.

House Votes

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Amendments

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