[Congressional Record Volume 143, Number 46 (Thursday, April 17, 1997)]
[Extensions of Remarks]
[Page E692]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             VETERANS EMPLOYMENT OPPORTUNITIES ACT OF 1997

                                 ______
                                 

                               speech of

                           HON. JOHN L. MICA

                               of florida

                    in the house of representatives

                        Wednesday, April 9, 1997

  Mr. MICA. Mr. Speaker, I would like to clarify for the record the 
proper interpretation of this legislation as it relates to the 
judiciary. First, let me address the issue of assigning numerical 
ratings to applicants who are veterans. As amended, H.R. 240 does not 
require the judicial branch to employ a numerical rating system or 
assign numerical points to veterans. Nor does this legislation in any 
way authorize executive branch agencies to adjudicate complaints within 
the judiciary. All that H.R. 240 requires of the judicial branch is to 
provide the same degree of protection.
  Second, concern was expressed about the appropriateness of the use of 
the term ``regulation'' for the judicial branch. Its use is 
appropriate. Although many of the statutes in title 28 regarding the 
judiciary and judicial procedures use terms such as ``guidelines'' or 
``procedures,'' a number also explicitly refer to ``regulations'' 
issued by the Judicial Conference. For example, 28 U.S.C. 
Sec. Sec. 153(b), 155(b), 375(h), 1869(k). The use of this term in H.R. 
240 is consistent with these statues. To be sure, it is not the intent 
of this bill to require the Judicial Conference to follow 
Administrative Procedure Act--like procedures to which they are not 
otherwise subject.
  Third, questions have been raised regarding the impact of the 
provision in this legislation that requires consultation with veterans' 
service organizations. This provision will not impair the independence 
of the judiciary. It is my understanding that the judicial branch 
already consults from time to time with various types of groups such as 
practitioners who routinely appear before the courts, through the 
Judicial Conference and through various circuit conferences. Veterans' 
service organizations have a keen understanding regarding veterans' 
employment problems and could offer valuable assistance to the Judicial 
Conference in formulating its policies. Finally, all that is required 
by this provision is consultation not agreement. None of these 
organizations would have veto power over any regulations promulgated by 
the judiciary under this provision of the bill.
  Mr. Speaker, this concludes my remarks. As previously noted, my 
purpose in addressing the above issues is to present the proper 
interpretation of these provisions for the record.

                          ____________________