[Congressional Record Volume 142, Number 114 (Tuesday, July 30, 1996)]
[House]
[Pages H8762-H8768]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             VETERANS EMPLOYMENT OPPORTUNITIES ACT OF 1996

  Mr. MICA. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 3586) to amend title 5, United States Code, to strengthen 
veterans' preference, to increase employment opportunities for 
veterans, and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 3586

       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 1996''.

     SEC. 2. EQUAL ACCESS FOR VETERANS.

       (a) Competitive Service.--Section 3304 of title 5, United 
     States Code, is amended by adding at the end the following:
       ``(f)(1) No preference eligible, and no individual (other 
     than a preference eligible) who has been separated from the 
     armed forces under honorable conditions after 3 or more years 
     of active service, shall be denied the opportunity to compete 
     for an announced vacant position within an agency, in the 
     competitive service or the excepted service, by reason of--
       ``(A) not having acquired competitive status; or
       ``(B) not being an employee of such agency.
       ``(2) Nothing in this subsection shall prevent an agency 
     from filling a vacant position (whether by appointment or 
     otherwise) solely from individuals on a priority placement 
     list consisting of individuals who have been separated from 
     the agency due to a reduction in force and surplus employees 
     (as defined under regulations prescribed by the Office).''.
       (b) Civil Service Employment Information.--
       (1) Vacant positions.--Section 3327(b) of title 5, United 
     States Code, is amended by striking ``and'' at the end of 
     paragraph (1), by redesignating paragraph (2) as paragraph 
     (3), and by inserting after paragraph (1) the following:
       ``(2) each vacant position in the agency for which 
     competition is restricted to individuals having competitive 
     status or employees of such agency, excluding any position 
     under paragraph (1), and''.
       (2) Additional information.--Section 3327 of title 5, 
     United States Code, is amended by adding at the end the 
     following:
       ``(c) Any notification provided under this section shall, 
     for all positions under subsection (b)(1) as to which section 
     3304(f) applies and for all positions under subsection 
     (b)(2), include a notation as to the applicability of section 
     3304(f) with respect thereto.
       ``(d) In consultation with the Secretary of Labor, the 
     Office shall submit to Congress and the President, no less 
     frequently than every 2 years, a report detailing, with 
     respect to the period covered by such report--
       ``(1) the number of positions listed under this section 
     during such period;
       ``(2) the number of preference eligibles and other 
     individuals described in section 3304(f)(1) referred to such 
     positions during such period; and
       ``(3) the number of preference eligibles and other 
     individuals described in section 3304(f)(1) appointed to such 
     positions during such period.''.
       (c) Governmentwide Lists.--
       (1) Vacant positions.--Section 3330(b) of title 5, United 
     States Code, is amended to read as follows:
       ``(b) The Office of Personnel Management shall cause to be 
     established and kept current--
       ``(1) a comprehensive list of all announcements of vacant 
     positions (in the competitive service and the excepted 
     service, respectively) within each agency that are to be 
     filled by appointment for more than 1 year and for which 
     applications are being or will soon be accepted from outside 
     the agency's work force; and
       ``(2) a comprehensive list of all announcements of vacant 
     positions within each agency for which applications are being 
     or will soon be accepted and for which competition is 
     restricted to individuals having competitive status or 
     employees of such agency, excluding any position required to 
     be listed under paragraph (1).''.
       (2) Additional information.--Section 3330(c) of title 5, 
     United States Code, is amended by striking ``and'' at the end 
     of paragraph (2), by redesignating paragraph (3) as paragraph 
     (4), and by inserting after paragraph (2) the following:
       ``(3) for all positions under subsection (b)(1) as to which 
     section 3304(f) applies and for all positions under 
     subsection (b)(2), a notation as to the applicability of 
     section 3304(f) with respect thereto; and''.
       (3) Conforming amendment.--Section 3330(d) of title 5, 
     United States Code, is amended by striking ``The list'' and 
     inserting ``Each list under subsection (b)''.

     SEC. 3. SPECIAL PROTECTIONS FOR PREFERENCE ELIGIBLES IN 
                   REDUCTIONS IN FORCE.

       Section 3502 of title 5, United States Code, as amended by 
     section 1034 of the National Defense Authorization Act for 
     Fiscal Year 1996 (Public Law 104-106; 110 Stat. 430), is 
     amended by adding at the end the following:
       ``(g)(1) A position occupied by a preference eligible shall 
     not be placed in a single-position competitive level if the 
     preference eligible is qualified to perform the essential 
     functions of any other position at the same grade (or 
     occupational level) in the competitive area. In such cases, 
     the preference eligible shall be entitled to be placed in 
     another competitive level for which such preference eligible 
     is qualified. If the preference eligible is qualified for 
     more than one competitive level, such preference eligible 
     shall be placed in the competitive level containing the most 
     positions.
       ``(2) For purposes of paragraph (1)--
       ``(A) a preference eligible shall be considered qualified 
     to perform the essential functions of a position if, by 
     reason of experience, training, or education (and, in the 
     case of a disabled veteran, with reasonable accommodation), a 
     reasonable person could conclude that the preference eligible 
     would be able to perform those functions successfully within 
     a period of 150 days; and
       ``(B) a preference eligible shall not be considered 
     unqualified solely because such preference eligible does not 
     meet the minimum qualification requirements relating to 
     previous experience in a specified grade (or occupational 
     level), if any, that are established for such position by the 
     Office of Personnel Management or the agency.
       ``(h) In connection with any reduction in force, a 
     preference eligible whose current or most recent performance 
     rating is at least fully successful (or the equivalent) shall 
     have, in addition to such assignment rights as are prescribed 
     by regulation, the right, in lieu of separation, to be 
     assigned to any position within the agency conducting the 
     reduction in force--
       ``(1) for which such preference eligible is qualified under 
     subsection (g)(2)--
       ``(A) that is within the preference eligible's commuting 
     area and at the same grade (or occupational level) as the 
     position from which the preference eligible was released, and 
     that is then occupied by an individual, other than another 
     preference eligible, who was placed in such position (whether 
     by appointment or otherwise) within 6 months before the 
     reduction in force if, within 12 months prior to the date on 
     which such individual was so placed in such position, such 
     individual had been employed in the same competitive area as 
     the preference eligible; or
       ``(B) that is within the preference eligible's competitive 
     area and that is then occupied by an individual, other than 
     another preference eligible, who was placed in such position 
     (whether by appointment or otherwise) within 6 months before 
     the reduction in force; or
       ``(2) for which such preference eligible is qualified that 
     is within the preference eligible's competitive area and that 
     is not more than 3 grades (or pay levels) below that of the 
     position from which the preference eligible was released, 
     except that, in the case of a preference eligible with a 
     compensable service-connected disability of 30 percent or 
     more, this paragraph shall be applied by substituting `5 
     grades' for `3 grades'.

     In the event that a preference eligible is entitled to 
     assignment to more than 1 position under this subsection, the 
     agency shall assign the preference eligible to any such 
     position requiring no reduction (or, if there is no such 
     position, the least reduction) in basic

[[Page H8763]]

     pay. A position shall not, with respect to a preference 
     eligible, be considered to satisfy the requirements of 
     paragraph (1) or (2), as applicable, if it does not last for 
     at least 12 months following the date on which such 
     preference eligible is assigned to such position under this 
     subsection.
       ``(i) A preference eligible may challenge the 
     classification of any position to which the preference 
     eligible asserts assignment rights (as provided by, or 
     prescribed by regulations described in, subsection (h)) in an 
     action before the Merit Systems Protection Board.
       ``(j)(1) Not later than 3 months after the date of the 
     enactment of this subsection, each Executive agency shall 
     establish an agencywide priority placement program to 
     facilitate employment placement for employees who--
       ``(A)(i) are scheduled to be separated from service due to 
     a reduction in force under--
       ``(I) regulations prescribed under this section; or
       ``(II) procedures established under section 3595; or
       ``(ii) are separated from service due to such a reduction 
     in force; and
       ``(B)(i) have received a rating of at least fully 
     successful (or the equivalent) as the last performance rating 
     of record used for retention purposes; or
       ``(ii) occupy positions excluded from a performance 
     appraisal system by law, regulation, or administrative action 
     taken by the Office of Personnel Management.
       ``(2)(A) Each agencywide priority placement program under 
     this subsection shall include provisions under which a vacant 
     position shall not (except as provided in this paragraph or 
     any other statute providing the right of reemployment to any 
     individual) be filled by the appointment or transfer of any 
     individual from outside of that agency (other than an 
     individual described in subparagraph (B)) if--
       ``(i) there is then available any individual described in 
     subparagraph (B) who is qualified for the position; and
       ``(ii) the position--
       ``(I) is at the same grade or pay level (or the equivalent) 
     or not more than 3 grades (or grade intervals) below that of 
     the position last held by such individual before placement in 
     the new position;
       ``(II) is within the same commuting area as the 
     individual's last-held position (as referred to in subclause 
     (I)) or residence; and
       ``(III) has the same type of work schedule (whether full-
     time, part-time, or intermittent) as the position last held 
     by the individual.
       ``(B) For purposes of an agencywide priority placement 
     program, an individual shall be considered to be described in 
     this subparagraph if such individual--
       ``(i)(I) is an employee of such agency who is scheduled to 
     be separated, as described in paragraph (1)(A)(i); or
       ``(II) is an individual who became a former employee of 
     such agency as a result of a separation, as described in 
     paragraph (1)(A)(ii), excluding any individual who separated 
     voluntarily under subsection (f); and
       ``(ii) satisfies clause (i) or (ii) of paragraph (1)(B).
       ``(3)(A) If after a reduction in force the agency has no 
     positions of any type within the local commuting areas 
     specified in this subsection, the individual may designate a 
     different local commuting area where the agency has 
     continuing positions in order to exercise reemployment rights 
     under this subsection. An agency may determine that such 
     designations are not in the interest of the Government for 
     the purpose of paying relocation expenses under subchapter II 
     of chapter 57.
       ``(B) At its option, an agency may administratively extend 
     reemployment rights under this subsection to include other 
     local commuting areas.
       ``(4)(A) In selecting employees for positions under this 
     subsection, the agency shall place qualified present and 
     former employees in retention order by veterans' preference 
     subgroup and tenure group.
       ``(B) An agency may not pass over a qualified present or 
     former employee to select an individual in a lower veterans' 
     preference subgroup within the tenure group, or in a lower 
     tenure group.
       ``(C) Within a subgroup, the agency may select a qualified 
     present or former employee without regard to the individual's 
     total creditable service.
       ``(5) An individual is eligible for reemployment priority 
     under this subsection for 2 years from the effective date of 
     the reduction in force from which the individual will be, or 
     has been, separated under this section or section 3595, as 
     the case may be.

       ``(6) An individual loses eligibility for reemployment 
     priority under this subsection when the individual--
       ``(A) requests removal in writing;
       ``(B) accepts or declines a bona fide offer under this 
     subsection or fails to accept such an offer within the period 
     of time allowed for such acceptance, or
       ``(C) separates from the agency before being separated 
     under this section or section 3595, as the case may be.
     A present or former employee who declines a position with a 
     representative rate (or equivalent) that is less than the 
     rate of the position from which the individual was separated 
     under this section retains eligibility for positions with a 
     higher representative rate up to the rate of the individual's 
     last position.
       ``(7) Whenever more than one individual is qualified for a 
     position under this subsection, the agency shall select the 
     most highly qualified individual, subject to paragraph (4).
       ``(8) The Office of Personnel Management shall issue 
     regulations to implement this subsection.''.

     SEC. 4. IMPROVED REDRESS FOR VETERANS.

       (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. Administrative redress

       ``(a)(1) Any preference eligible or other individual 
     described in section 3304(f)(1) who alleges that an agency 
     has violated such individual's rights under any statute or 
     regulation relating to veterans' preference, or any right 
     afforded such individual by section 3304(f), may file a 
     complaint with the Secretary of Labor.
       ``(2) A complaint under this subsection must be filed 
     within 60 days after the date of the alleged violation, and 
     the Secretary shall process such complaint in accordance with 
     sections 4322 (a) through (e)(1) and 4326 of title 38.
       ``(b)(1) If the Secretary of Labor is unable to resolve the 
     complaint within 60 days after the date on which it is filed, 
     the complainant may elect to appeal the alleged violation to 
     the Merit Systems Protection Board in accordance with such 
     procedures as the Merit Systems Protection Board shall 
     prescribe, except that in no event may any such appeal be 
     brought--
       ``(A) before the 61st day after the date on which the 
     complaint is filed under subsection (a); or
       ``(B) later than 15 days after the date on which the 
     complainant receives notification from the Secretary of Labor 
     under section 4322(e)(1) of title 38.
       ``(2) An appeal under this subsection may not be brought 
     unless--
       ``(A) the complainant first provides written notification 
     to the Secretary of Labor 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 of Labor shall not continue to investigate or 
     further attempt to resolve the complaint to which such 
     notification relates.
       ``(c) This section shall not be construed to prohibit a 
     preference eligible from appealing directly to the Merit 
     Systems Protection Board from any action which is appealable 
     to the Board under any other law, rule, or regulation, in 
     lieu of administrative redress under this section.

     ``Sec. 3330b. Judicial redress

       ``(a) In lieu of continuing the administrative redress 
     procedure provided under section 3330a(b), a preference 
     eligible or other individual described in section 3304(f)(1) 
     may elect, in accordance with this section, to terminate 
     those administrative proceedings and file an action with the 
     appropriate United States district court not later than 60 
     days after the date of the election.
       ``(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(b); 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. 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 or other individual described 
     in section 3304(f)(1) who prevails in an action under section 
     3330a or 3330b shall be awarded reasonable attorney fees, 
     expert witness fees, and other litigation expenses.''.
       (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. Administrative redress.
``3330b. Judicial redress.
``3330c. Remedy.''.

     SEC. 5. 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;''.

[[Page H8764]]

       (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 ``employing office'', ``covered employee'', and 
     ``Board'' shall each have the meaning given such term by 
     section 101 of the Congressional Accountability Act of 1995 
     (2 U.S.C. 1301).
       (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 paragraph (2), appointments to 
     positions in the judicial branch of the Government shall be 
     made in accordance with section 2108, and sections 3309 
     through 3312, of title 5, United States Code.
       (2) Reductions in force.--Subject to paragraph (2), 
     reductions in force in the judicial branch of the Government 
     shall provide preference eligibles with protections 
     substantially similar to those provided under subchapter I of 
     chapter 35 of title 5, United States Code.
       (3) Exclusions.--Paragraphs (1) and (2) shall not apply 
     to--
       (A) an appointment made by the President, with the advice 
     and consent of the Senate;
       (B) an appointment as a judicial officer;
       (C) an appointment as a law clerk or secretary to a justice 
     or judge of the United States; or
       (D) an appointment to a position, the duties of which are 
     equivalent to those of a Senior Executive Service position 
     (within the meaning of section 3132(a)(2) of title 5, United 
     States Code).
       (4) Redress procedures.--The Judicial Conference of the 
     United States shall prescribe regulations under which redress 
     procedures (substantially similar to the procedures 
     established by the amendments made by section 4) shall be 
     available for alleged violations of any rights provided by 
     this subsection.
       (5) Definitions.--For purposes of this subsection--
       (A) the term ``judicial officer'' means a justice, judge, 
     or magistrate judge listed in subparagraph (A), (B), (F), or 
     (G) of section 376(a)(1) of title 28, United States Code; and
       (B) the term ``justice or judge of the United States'' has 
     the meaning given such term by section 451 of such title 28.

     SEC. 6. 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 by striking ``and'' at the end of paragraph (6), by 
     striking the period at the end of paragraph (7) and inserting 
     ``; and'', and by adding at the end the following:
       ``(8) sections 3501-3504, as such sections relate to 
     veterans' preference.''.

     SEC. 7. DEFINITIONAL AMENDMENT.

       Subparagraph (A) of section 2108(1) of title 5, United 
     States Code, is amended by inserting ``during a military 
     operation in a qualified hazardous duty area (within the 
     meaning of the first 2 sentences of section 1(b) of Public 
     Law 104-117) and in accordance with requirements that may be 
     prescribed in regulations of the Secretary of Defense,'' 
     after ``for which a campaign badge has been authorized,''.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Florida [Mr. Mica] and the gentleman from Virginia [Mr. Moran] each 
will control 20 minutes.
  The Chair recognizes the gentleman from Florida [Mr. Mica].
  Mr. MICA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, as chairman of the House Subcommittee on Civil Service, 
one of my major concerns during my tenure has been the problem of the 
status of veterans in our Federal work force and their treatment. 
Because of that concern, our subcommittee held a hearing on April 30, 
1996, to examine the status of veterans' preference in the Federal work 
force.
  Unfortunately, Mr. Speaker, that hearing revealed ample reason for 
all of us to be concerned about the state of veterans' preference, 
particularly in our Federal workplace. The testimony at our hearing 
showed that veterans' preference in the Federal work force is often 
ignored or circumvented. Its continued viability is in fact threatened 
by several recent developments, most notably the introduction of single 
person competition during reductions in force in our Federal 
Government.
  But perhaps most important, Mr. Speaker, the hearing revealed a 
widespread agreement in the veterans' community that veterans do not 
have an adequate redress mechanism. In fact, both the American Legion 
and the Disabled American Veterans identified this as the No. 1 
problem, the major problem Congress should solve.
  As the House considers this legislation, Mr. Speaker, it is important 
for us to remember the veterans' preference is not a gift. It is in 
fact a right and an opportunity that our veterans deserve. Congress has 
a moral obligation to recognize the sacrifices of the men and women of 
our Armed Forces who have served their country. We called upon them to 
serve in war and defend this Nation. Now we offer them this opportunity 
to serve their Nation in peace.

                              {time}  1300

  This bill, the Veterans' Employment Opportunity Act of 1996, is 
necessary to ensure that this Nation fulfills that moral obligation. 
That promise of veterans' preference is indeed a reality in our Federal 
workplace. It is also the product of a lot of hard work by Members on 
both sides of the aisle, and this in fact is a truly bipartisan effort.
  I want to take a moment and thank, first of all, the distinguished 
gentleman from Virginia [Mr. Moran], who is the ranking member on the 
Subcommittee on Civil Service of the Committee on Government Reform and 
Oversight, for his hard work and efforts in making this bill a reality.
  I would also especially like to thank my good friend, the gentleman 
from Indiana, the Honorable Steve Buyer,

[[Page H8765]]

chairman of the Subcommittee on Education, Training, Employment and 
Housing of the Committee on Veterans' Affairs. He and his staff have 
worked very hard and long on this bill and cooperated with our 
subcommittee, and I appreciate their many valuable contributions as 
well as the outstanding leadership that he and his subcommittee have 
provided on this and other legislation relating to veterans' issues.
  I also want to take a moment and thank Chairman Stump of the 
Committee on Veterans' Affairs. The gentleman from Arizona has been 
outstanding in both his cooperation and leadership of all veterans' 
issues.
  I also want to pay particular attention and due credit to the 
gentleman from Pennsylvania, Mr. Jon Fox. Mr. Fox has been a leader in 
veterans' legislation, particularly the veterans' preference 
legislation, and in fact wanted to extend the provisions of this act 
beyond what we are doing today. I give him full credit.
  Mr. Speaker, I would also just take a personal moment and recognize 
my brother, who served on the other side of the aisle for 10 years on 
the Veterans' Committee. Dan Mica showed his dedication to veterans. 
Part of the commitment of both of the Mica brothers is that 24 years 
ago this month our father died in a crowded veterans' hospital, so we 
both have a deep commitment to seeing that our veterans are not only 
remembered, but also that we honor the rights and obligations that they 
are due.
  Mr. Speaker, before I address some of the provisions of this bill in 
detail, I would like to give a thumbnail sketch of what this bill does 
for veterans. This bill does in fact provide veterans with an 
effective, user-friendly redress system. It extends veterans' 
preference to certain jobs in the legislative branch, also in the 
judiciary branch, and also at the White House.
  This bill removes artificial barriers that often bar our service men 
and women from competing for Federal jobs. These individuals should be 
able to compete for jobs for which they qualify, just like other 
Federal employees. This bill provides enhanced protections to veterans 
in a reduction in force. This legislation requires Federal agencies to 
establish priority placement programs for employees affected by a RIF, 
or reduction in force. Federal agencies must give veterans' preference 
when rehiring employees.
  This legislation also requires the FAA to apply veterans' preference 
in any reduction in force, and this legislation provides veterans' 
preference for service in Bosnia, Croatia, and Macedonia while it is a 
qualified hazardous duty area, by definition.
  Mr. Speaker, those are some of the provisions of our bill. I am 
pleased to present this legislation to the House, and I reserve the 
balance of my time.
  Mr. MORAN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of this bill, H.R. 3586. The goal of 
our veterans' preference laws is very simple. We want to afford 
individuals who have served our country in times of war an opportunity 
to continue their public service through Federal employment. Veterans' 
preference does not entitle a veteran to a Federal job but, rather, it 
gives him or her an advantage in seeking employment. This has always 
been a bipartisan goal and it is supported by the Congress and the 
White House.
  It is in this bipartisan spirit that the gentleman from Florida [Mr. 
Mica] and I have brought forward this bill. Since 1865 the Federal 
Government has been a leader in offering job opportunities to veterans. 
This has been true regardless of who has been in the White House.
  As a percentage of the work force, there are more veterans in the 
Federal work force today than there are in the private work force. 
There is also a higher representation of disabled veterans and a higher 
representation of veterans who are 30 percent or more disabled in the 
Federal work force.
  Since the Subcommittee on Civil Service of the Committee on 
Government Reform and Oversight began work on this legislation 3 months 
ago, we have had some criticism. I do not think that the criticism that 
was directed at this administration is justified by the facts.
  While it is true that the absolute number of veterans in the Federal 
work force is declining, it is also true that this trend began in 1984. 
The reduction in the number of federally employed veterans does not 
represent any insidious effort by any administration to diminish 
veterans' preference, but it reflects the simple fact that the largest 
group of veterans, those from World War II and the Korean War, are now 
ready for retirement.
  More than 59 percent of all veterans in this country are between 55 
and 64. The number of Americans who served in Vietnam, Grenada, Panama, 
and the Persian Gulf simply are not large enough to replace their 
predecessors. We do not have to look farther than the U.S. Senate to 
see the example of a World War II veteran retiring and replaced by a 
nonveteran. It is happening all over.
  Despite the absolute decrease in the number of veterans, it should be 
said that the Clinton administration has done an excellent job in 
recruiting veterans. The percentage of veterans in the Federal work 
force declined throughout the 1980's, but it stabilized since President 
Clinton was elected. In fact, the percentages of veterans as new hires 
is actually increasing. Since 1992, the percentage of veterans hired 
has gone from 23.6 percent of new hires to 33.3 percent. One out of 
every three new hires is a veteran.
  But the Federal Government is not hiring, it is firing. We are 
downsizing. Therefore, the focus of veterans' preference has shifted 
toward ways to protect veterans during a RIF. The focus now is how to 
give veterans the opportunity to retain their existing Federal jobs 
when their agency and the Federal Government as a whole is cutting 
employment.
  Again, this is not an entitlement that we are passing today. We do 
not intend to ensure that no veteran ever gets riffed. Rather, this 
legislation contains a series of protections that give veterans an 
advantage over other Federal employees in retaining their jobs. This 
legislation closes a number of loopholes through which agencies might 
try to circumvent the current veterans' preference laws.

  The bill allows veterans and those who have served in the military 
the opportunity to compete for a greater number of existing Federal 
jobs. The bill also gives veterans greater protections in RIF's. It 
seeks to prevent agencies from manipulating Federal RIF laws to 
unfairly, improperly target veterans.
  While it is important to remember that none of the current 
flexibilities have ever actually been used to target veterans, in fact, 
veterans have disproportionately benefited from the Clinton 
administration's use of flexible hiring and RIF, some in the veterans' 
community have expressed concerns. So this bill addresses their 
concerns and ensures that in the future the Clinton administration will 
maintain its commitment to veterans.
  The bill also gives veterans a forum for redress if they believe that 
their veterans' preference rights have been violated. This new appeals 
process is more generous than that enjoyed by any other Federal 
employee and is built around the popular and very successful Uniformed 
Services Employment and Reemployment Rights Act of 1994. The acronym is 
USERRA law. It has been working well and we are going to duplicate it.
  Finally, the legislation extends for the first time veterans' 
preference to the nonpolitical jobs in the White House, the Congress, 
and the judiciary. I had a number of concerns with the legislation as 
originally drafted. I wanted to ensure that we do not unduly impede the 
operations of the agencies in getting the most qualified people as we 
attempt to close loopholes in veterans' preference, but downsizing is 
always difficult and only can be done correctly if Congress grants the 
agency a high degree of flexibility.
  I also wanted to ensure that the redress system was fair and 
effective. The last thing we need is an overly burdensome and 
complicated redress system that encourages frivolous and meritless 
appeals. No one can be served rightly by such a system.
  The chairman of the subcommittee and I have worked closely on this 
legislation. We have made some significant improvements to the original 
bill. These changes do not weaken the bill but, rather, they ensure 
that it will work and that our goals will be administratively 
achievable. These consensus modifications have been incorporated in the 
bipartisan substitute offered in

[[Page H8766]]

committee and the manager's amendment which will be offered here on the 
floor.
  We could not, however, agree on two major amendments offered for 
inclusion in the manager's amendment. While I appreciate the spirit in 
which these amendments were offered, I could not accept any proposal 
that would have watered down the preference that is enjoyed by those 
who actually served in the Persian Gulf war or reservists who 
experienced combat.
  In addition, I could not accept any amendment that would worsen the 
already complicated and overly burdensome Federal appeals process. 
Again, I appreciate Chairman Mica's leadership in bringing this 
legislation to the floor, and I appreciate his willingness to continue 
to work on this issue in a bipartisan and a constructive manner.
  Mr. Speaker, I reserve the balance of my time.
  Mr. MICA. Mr. Speaker, I yield 2 minutes to the distinguished 
gentleman from Arizona [Mr. Stump], chairman of the Committee on 
Veterans' Affairs.
  (Mr. STUMP asked and was given permission to revise and extend his 
remarks.)
  Mr. STUMP. Mr. Speaker, I thank the gentleman for yielding time to 
me.
  Mr. Speaker, I would like to congratulate the subcommittee chairman, 
the gentleman from Florida, Mr. Mica, and the ranking member, the 
gentleman from Virginia, Jim Moran, for bringing this important bill to 
the floor. Most people have classified this bill as being the best for 
veterans' employment probably since the 1940's.
  As we reorganize government to run in a more businesslike and cost-
effective manner, veterans need to receive the protection they are 
entitled to because of their service. The provisions of this bill will 
bring veterans' employment enforcement into the sunshine of public 
scrutiny and make it easier for veterans to obtain justice.
  I strongly urge my colleagues to support H.R. 3586.
  Mr. MORAN. Mr. Speaker, it is my honor to yield such time as he may 
consume to the gentleman from Mississippi, the Honorable Major General 
``Sonny'' Montgomery, the representative of America's veterans.
  (Mr. MONTGOMERY asked and was given permission to revise and extend 
his remarks.)
  Mr. MONTGOMERY. Mr. Speaker, I do not know what to say, but I want to 
thank the gentleman from Virginia for his kind remarks, and for 
yielding me this time.
  Mr. Speaker, H.R. 3586 is a bill that would enhance veterans' 
employment opportunities in the Federal Government. Eligible veterans 
seeking Federal jobs would be able to compete for jobs that are now 
closed to them. Those veterans covered by the veterans' preference who 
already work for the Federal Government would, for the first time, have 
access to an effective appeals system if they believe their preference 
rights have been violated.
  This bill brings together the efforts of all members and staff of the 
Civil Service Committee, the Office of Personnel Management, and 
several veterans' service organizations.
  Mr. Speaker, I want to thank the gentleman from Virginia [Mr. Moran] 
and the gentleman from Florida [Mr. Mica] for their hard work and their 
subcommittees' work. The gentleman's brother did serve on our committee 
for many years. I thank the gentlemen on behalf of our Nation's 
veterans.
  Mr. Speaker, I urge my colleagues to support this legislation.
  Mr. MICA. Mr. Speaker, it is my pleasure to yield 3 minutes to the 
distinguished gentleman from New York [Mr. Solomon], the chairman of 
the Committee on Rules and a real friend of veterans of this Nation.
  Mr. SOLOMON. I thank the gentleman for yielding time to me, Mr. 
Speaker, and I also want to commend him and the gentleman from Virginia 
[Mr. Moran], the gentleman for Arizona [Mr. Stump], the gentleman from 
Mississippi [Mr. Montgomery], and the gentleman from Indiana [Mr. 
Buyer].
  Mr. Speaker, let me just say to the chairman of the subcommittee that 
I served with his brother. He and I came here together. He was from the 
other side of the aisle, but I can say he was an outstanding member. He 
stood up and fought for the veterans of this Nation. I also served with 
him on the Committee on Foreign Affairs for 10 years as well, and he 
was an outstanding member.
  Mr. Speaker, let me say there are some disturbing trends going on in 
this country and within this very Government with regard to veterans' 
employment. It is hard for me to believe and impossible to understand, 
but there is even more proof that veterans are being discriminated 
against when it comes to finding jobs. If Members do not believe it, 
just go out and ask any number of them.
  That is why this bill is so terribly important. It provides some real 
teeth to the veterans' preference laws when it comes to hiring, when it 
comes to reductions in force, and promotions within the Federal 
Government. I commend the chairman of the subcommittee, the gentleman 
from Florida, Chairman Mica, for taking the time to recognize these 
real problems.
  By defining failure to comply with these laws as a prohibited 
personnel practice, managers and supervisors who hire and fire 
throughout this Government will fully understand that this Congress is 
committed to helping our veterans readjust and reenter civilian life. 
Not only that, but this Government will finally have the added benefit 
of capitalizing on the invaluable service and experience American 
veterans have to offer.
  I am also pleased because this bill will apply these veterans' 
preference laws to hiring within the White House and this Congress as 
well. I think we can all agree that the perspective of veterans is 
underrepresented these days. That is why we fought so hard to obtain 
the Department of Veterans' Affairs as a Cabinet-level secretary, to 
sit there next to the President when we are discussing these terribly 
vital issues.
  Again, I want to commend the chairman for bringing this vital 
legislation to the floor. It is badly needed. One more time, I will 
just say that not only do veterans sacrifice when they put on that 
uniform, but they suffer financially as well. They are always 4 years 
behind their peers going to college, stepping into the civilian work 
force, and all through life they are penalized for that. This simply 
gives them a job preference to help them catch up a little bit. That is 
why it is so terribly important. I commend the gentlemen for bringing 
this to the floor.

                              {time}  1315

  Mr. MORAN. Mr. Speaker, I yield such time as he may consume to the 
gentleman from California [Mr. Filner], from the heartland of America's 
veterans who has fought his way into the hearts of all those veterans 
in his district.
  Mr. FILNER. Mr. Speaker, I rise in strong support of H.R. 3586, the 
Veterans' Employment Opportunities Act of 1996. This bill would broaden 
and strengthen veterans' preference in Federal employment, and I 
congratulate John Mica, chairman of the Government Reform Subcommittee 
on Civil Service, and Jim Moran, the ranking member on that 
subcommittee, for developing this measure.
  For too long our veterans have not had an effective means of redress 
when they believe their rights under civil service law have been 
violated. I am particularly pleased that section 4 of H.R. 3586 would 
correct this problem. I know that representatives from several of the 
veterans' service organizations, and Office of Personnel Management 
staff, helped design the appeal mechanism in H.R. 3586, and I want to 
thank all of them for their good, creative work on this issue.
  It is important to point out that the civil service system has worked 
very well for veterans in recent years. For example, an average of 18.5 
percent of new fulltime hires were veterans during fiscal years 1990, 
1991, and 1992. During fiscal years 1993, 1994, and 1995, that figure 
increased by more than 50 percent to 31.1 percent. Nonetheless, even 
the best, most supportive system can be improved, and I urge my 
colleagues to support H.R. 3586.
  Mr. MICA. Mr. Speaker, I yield 2 minutes to the distinguished 
gentleman from Virginia [Mr. Davis], also a member of our subcommittee 
and chairman of the Subcommittee on the District of Columbia of the 
Committee on Government Reform and Oversight.
  Mr. DAVIS. I thank my friend for yielding me this time.

[[Page H8767]]

  Mr. Speaker, I want to thank the gentleman from Florida [Mr. Mica] 
and the gentleman from Virginia [Mr. Moran] for getting this bill in 
shape to bring it to the floor. This gives equal and expanded access 
for Federal jobs to veterans. It provides veterans who have been 
honorably discharged after 3 years equal access to compete for vacant 
positions. Such has not been the case in the past.
  I think President Clinton put it well in his Memorial Day address 
this year at Arlington National Cemetery when he said: ``let us also 
remember to honor those who served in times of peace, who preserve the 
peace, protect our interests and project our values. Though they are 
the best-trained, best-equipped military in the world, they, too face 
their share of dangers.''
  This legislation in section 2 will provide for those who are 
honorably discharged after 3 years of service that they cannot be 
prevented from competing for Government jobs because they do not have 
status or are nonemployees of the hiring agency.
  This also removes artificial barriers that bar preference eligibles 
from competing for Federal jobs. It extends veterans preference to 
nonpolitical jobs at the White House and in the legislative and 
judicial branches.
  It is important that we here set the example in the legislative 
branch and at the White House as well for the same kind of rules that 
we are applying throughout the Federal bureaucracy. It requires OPM to 
create and maintain a comprehensive list of all vacant position 
announcements inside and outside the employing agency.
  There are also some special protections for veterans built into this 
when agencies are conducting reductions in force. This prevents 
agencies from stripping veterans of their preference during a RIF. It 
prohibits agencies from placing preference eligibles in single-position 
competitive levels. It provides enhanced assignment rights for 
preference eligibles, and it requires the Federal Aviation 
Administration to apply veterans preference in a reduction in force.
  Finally, for the first time this establishes an effective user-
friendly redress system for veterans who believe their rights have been 
violated. There is one thing we heard in the testimony, that the 
current system is not working, it is not operating. I think the 
veterans groups have been working for years to get Congress to 
establish this system. This year under the leadership of the gentleman 
from Florida, Chairman Mica, we have brought it to the floor. I rise in 
support.
  Mr. MICA. Mr. Speaker, I yield 3 minutes to the gentleman from 
Indiana [Mr. Buyer], the distinguished chairman of the Subcommittee on 
Education, Training, Employment and Housing of the Committee on 
Veterans' Affairs who has been a national leader for veterans.
  Mr. BUYER. Mr. Speaker, I want to thank the chairman personally. 
There has been work from my subcommittee and his subcommittee on this 
issue. I want to congratulate the chairman; also Mr. Moran, the ranking 
member; and all members of the subcommittee for what I view are 
magnificent works for this very important piece of legislation.
  Mr. Speaker, I had the honor of testifying before the chairman's 
committee. I am doubly pleased that some of the points brought out from 
the hearing are in fact in this bill. It was a joy to work with the 
chairman.
  Mr. Speaker, the gentleman from Arizona [Mr. Stump], the chairman of 
the Committee on Veterans' Affairs, has already addressed some of the 
important provisions with regard to discriminated or aggrieved 
veterans, they need a recourse for their grievances, and that of a new 
administrative and judicial method for veterans to pursue their 
employment claims.
  I also want to lay out some facts. I know that the gentleman from 
Virginia [Mr. Moran] had said that some of those criticisms with regard 
to the administration are unfounded.
  To those who feel that veterans do not need protections provided to 
them in this bill, let me just quote an internal memo from Postmaster 
General Mr.. Marvin Runyon to his Board of Governors. Mr. Runyon stated 
that veterans preference will ``have a detrimental impact on the Postal 
Service.'' It will ``tie our hands''; and it would ``be costly and make 
our personnel decisions more difficult and onerous.''
  Finally, recognizing the average American's support for veterans, he 
says, ``This is a difficult issue to oppose publicly, especially in an 
election year.''
  That is the Postmaster General. We could go down the line, I guess, 
perhaps, and talk about others.
  The Postmaster, though, almost got it right, but I would offer this: 
I would say that this is an issue that should never be opposed, whether 
it is an election year or not. Veterans preference must remain the 
cornerstone of Federal employment simply because it is the right thing 
to do and it is an earned benefit. Veterans preference knows no color 
or gender or ethnic origin, whether a person is a Christian, a Jew, a 
Muslim, or even an atheist. It is based on what is becoming a novel 
idea in the country, and it should not be, but a willingness to 
sacrifice one's life for the country.
  I challenge anyone to point out a more appropriate group of citizens 
to receive some small advantage in securing and maintaining Federal 
employment. This bill will do much to reverse what I call a growing 
antiveteran culture among the bureaucrats.
  There is no doubt that women and minorities have long suffered 
employment discrimination in both the Federal and private sector. I am 
proud to note that our military forces have been in the forefront of 
promoting women and minorities among all ranks. But it is time for 
Federal hiring managers to put veterans first and stop balancing the 
scales of the goals of diversity on the backs of veterans.
  I would also note that some statistics were quoted for 1990, 1991, 
and 1992 and we are saying, we have increased veterans hiring in 1993, 
1994, and 1995. I think America should recognize that that was over the 
same time period that we brought down our military forces by over 27 
percent. Let us be careful in the cheerleading.
  Mr. Speaker, I want to thank both gentlemen for their work on this 
bill. It is a very good bill.
  Mr. MORAN. Mr. Speaker, I yield myself such time as I may consume to 
respond to the gentleman's points.
  As I said in my comments, this should not be a political issue. There 
is bipartisan support for this bill as there always has been for 
veterans preference and veterans benefits. The point was made that Mr. 
Runyon, the head of the Postal Service, had criticisms of this bill. 
But I would inform the gentleman from Indiana that Mr. Runyon is not a 
presidential appointee. He is not a Clinton appointee. There is no 
Clinton appointee who has said anything of the like.
  The reality is that the decline in veterans preferential hiring 
occurred during the 1980's. Since the gentleman has brought the issue 
up, since the Clinton administration took over, it has increased from 
26 percent to 33 percent. Those are facts. But the major, overwhelming 
fact is that there simply are not as many veterans around, the average 
age is 59, for obvious reasons, because that is when most people fought 
in World War II and the Korean War; so you are going to have a decline.
  What matters is the percentage of new hires. Since the Clinton 
administration took over, one out of every three new hires is a 
veteran.
  I just do not think we can support those numbers. I feel compelled to 
take some issue with the point that the gentleman attempted to make.
  Mr. Speaker, I reserve the balance of my time.
  Mr. MICA. Mr. Speaker, I yield 1 minute to the gentleman from Indiana 
[Mr. Buyer].
  Mr. BUYER. Mr. Speaker, just to respond to my colleague from 
Virginia, I lay the blame for a lot of this at the feet of a culture 
within the bureaucracy, whether it is a political appointee or not a 
political appointee. That is what this bill is trying to get at.
  I do recall in the hearing in testimony before the gentleman that 
there were only 4 percent of the hirings of veterans in the Executive 
Office of the President. When the President makes a decision for powers 
and influence of positions and they are going not to veterans, then I 
have a concern and a fear of what that means down range into the 
bureaucratic culture.
  I lay the blame at the bureaucracies, whether it is a political 
appointee or not. I think this is a good bill, and I appreciate the 
work on the bill by the gentleman from Virginia [Mr. Moran].

[[Page H8768]]

  Mr. MORAN. Mr. Speaker, I yield myself such time as I may consume, 
just to say I do agree with the gentleman who just spoke that this is a 
good and appropriate bill.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. MICA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, in closing I want to again thank many individuals, the 
gentleman from Virginia [Mr. Moran], the gentleman from Indiana [Mr. 
Buyer], the gentleman from Arizona [Mr. Stump], the gentleman from New 
York [Mr. Solomon], the gentleman from Pennsylvania [Mr. Fox], and all 
those others who have provided leadership and cooperation so that we 
could make this bill a reality.
  Mr. Speaker, the Veterans' Employment Opportunities Act of 1996 
provides much needed protection to our veterans. It provides an 
effective redress system, and it expands job opportunities for those 
who have served this Nation honorably in our Armed Forces. I urge my 
colleagues to join me in passing this important bill today.
  Finally, Mr. Speaker, I would like to recognize the service of the 
distinguished gentleman from Mississippi, Mr. Sonny Montgomery, who 
will be leaving this body soon. He has chaired the Committee on 
Veterans' Affairs over many years and led the Nation's efforts to 
recognize and serve its veterans.
  Mr. Speaker, I urge again the passage of this legislation for all our 
veterans.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  The SPEAKER pro tempore (Mr. Ewing). The question is on the motion 
offered by the gentleman from Florida [Mr. Mica] that the House suspend 
the rules and pass the bill, H.R. 3586, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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