[Congressional Record Volume 144, Number 140 (Thursday, October 8, 1998)]
[House]
[Pages H10185-H10190]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VETERANS EMPLOYMENT OPPORTUNITIES ACT OF 1998
Mr. MICA. Mr. Speaker, I move to suspend the rules and pass the
Senate 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 Clerk read as follows:
S. 1021
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.
[[Page H10186]]
``(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. 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
[[Page H10187]]
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).''.
(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.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida (Mr. Mica) and the gentleman from Maryland (Mr. Cummings) each
will control 20 minutes.
The Chair recognizes the gentleman from Florida (Mr. Mica).
General Leave
Mr. MICA. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
on S. 1021, the Senate bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Mr. MICA. Mr. Speaker, I yield myself such time as I may consume.
My colleagues, I am very pleased to be here this evening. It has
taken us two Congresses, but this House is finally in a position to
legislate long overdue relief for the men and women who have defended
our Nation.
This process began in the last Congress when I was pleased to
introduce H.R. 3586, the Veterans Employment Opportunities Act of 1996.
The House passed that bill twice, once as a stand-alone bill and once
as an amendment to a Senate bill, S. 8668. Unfortunately, the other
body did not act on either of those bills before that Congress
adjourned.
On the first day of this Congress, Mr. Speaker, I introduced
essentially the same bill, H.R. 240, the Veterans Employment Act of
1997. The House passed H.R. 240 on April 9, 1997. The Senate has passed
the bill before us today, S. 1021, which was a companion bill to H.R.
240, introduced by Senators Hagel and Cleland, two very distinguished
Vietnam veterans.
Mr. Speaker, there are many to thank for their hard work and
leadership on this bipartisan issue. I want to particularly point out
and thank for their strong support the current chairman of the
committee, the gentleman from Indiana (Mr. Dan Burton), and former
chairman Bill Clinger, both of whom led the Committee on Government
Reform and Oversight during this Congress and the last one.
I also want to take a moment to thank for their leadership the
distinguished gentleman from Arizona (Mr.
[[Page H10188]]
Stump), the chairman of the House Committee on Veterans' Affairs, and
the distinguished gentleman from Indiana (Mr. Steve Buyer), who chaired
the Subcommittee on Education, Training, Employment and Housing, during
the last Congress.
And I must give special appreciation to the gentleman from New York
(Mr. Solomon), who has been a strong and tireless supporter of this
legislation and a tremendous fighter for our veterans. I appreciate
both his support and his leadership.
I also want to thank three gentlemen on the other side of the aisle
who have served as ranking members of the Subcommittee on Civil Service
during my tenure as chairman. First, unquestionably, we thank for his
leadership the gentleman from Maryland (Mr. Elijah Cummings), who has
done a tremendous job working with me hand-in-hand during the past
years. Also, I want to thank former ranking members, one from
Pennsylvania, Mr. Tim Holden, and the distinguished gentleman from
Virginia (Mr. Moran), both of whom have supported this legislation, and
I thank them for their untiring leadership.
Mr. Speaker, this bill does not resolve all of the problems relating
to veterans preference in our Federal workplace. It does not contain
all the protections for veterans that were in the bill that the House
passed. Nonetheless, Mr. Speaker, there are some very important
protections in this legislation.
Foremost among them is the creation of an effective and user-friendly
redress system for our veterans who believe their rights have been
violated. This has been sought by our veterans for many, many years.
In addition, veterans entitled to preference and other veterans who
have 3 years of honorable service in the military will receive expanded
opportunities to compete for Federal jobs.
{time} 2310
Very often, Mr. Speaker, Federal agencies will only allow current
civilian employees to apply for vacancies. Veterans who do not work for
the Federal Government are barred from even competing on their merits
for these jobs. That will change when this legislation is enacted.
Under this bill whenever an agency opens the competition to civilian
employees outside of its own workforce, it must also allow these
qualified veterans to compete.
S. 1021 is a significant step forward for our veterans. It opens many
jobs that were previously closed to them. It also advances the
principle of open competition for Federal jobs. Most important, this
provision recognizes that the men and women who served in our armed
forces have indeed served as Federal employees and it honors and
recognizes that service.
Like the House bill, S. 1021 also makes the violation of veterans'
preference laws a prohibited personnel practice. This means that
bureaucrats who violate veterans' rights do so at their own peril. They
can be subjected in fact to disciplinary action before the Merit
Systems Protection Board under this legislation.
Mr. Speaker, this bill also expands veterans' employment
opportunities with Federal contractors and it also prohibits Federal
agencies from contracting with companies that have not complied with
the Department of Labor reporting requirements with respect to hiring
Vietnam-era, Persian Gulf and our disabled veterans. The House bill
contained no similar provisions. These are welcome additions that
certainly embody the spirit of the House bill. They will open new job
opportunities for our veterans, particularly our Persian Gulf veterans.
However, just today the Society for Human Resource Management and other
employer organizations have raised certain questions about the
potential burden that may be imposed on employers by section 8 of the
bill, this provision that I said was included by the other body.
Mr. Speaker, this is a question that should carefully be examined by,
among others, the Committee on Education and the Workforce which has
jurisdiction over the office of Federal contract compliance programs.
Mr. Speaker, I include for the Record a letter I received today from
the Society for Human Resource Management.
Society for
Human Resource Management,
Alexandria, VA, October 8, 1998.
U.S. House of Representatives,
Washington, DC.
Dear Member of Congress: On behalf of the Society for Human
Resource Management (SHRM), I am writing to express concerns
regarding Section 8 of S. 1021, the Veterans Employment
Opportunities Act, entitled, ``Requirement for Additional
Information in Annual Reports from Federal Contractors in
Veterans Employment''. This provision was not included in the
House-passed bill or in the original Senate legislation. We
understand that the full House is likely to consider S. 1021
by suspending the rules later today.
SHRM is the leading voice of the human resource profession,
representing more than 104,000 human resource professionals
and student members from across the country and around the
globe.
Currently, a federal contractor is required to report the
total number of veterans whom the contractor employs on a
particular date. S. 1021, Section 8, would further require
federal contractors to report the maximum and the minimum
number of all employees during the entire one year period
covered by the report. The bill would prohibit federal
agencies from obligating or expending funds to enter into a
contract with a contractor who has not complied with
reporting requirements.
The reporting requirements proposed in Section 8 do not
currently exist under any federal statute. Information for
all employees in the entire workforce, from every payroll
period would need to be captured, stored, analyzed and
extrapolated to determine the minimum and maximum number of
employees for the entire year.
Changes to the current reporting requirements for the VETS-
100 report would represent a major effort and expense for
federal contractors. New surveying of the current workforce
would be required. Internal procedures and forms associated
with the hiring process would have to be changed to reflect
the new categories of veterans. Processes would need to be
implemented to insure that each employee provides a response,
even if that response is that he or she does not wish to
self-identify. In addition, historical data that currently
resides in computer systems would need to be altered.
This requirement raises a whole host of unanswered
questions, including, how ``employees'' will be defined and
what constitutes a reported work site. While it may be
assumed that the same definition of what constitutes a
reported work site would apply to this new mandate, the
legislation does not specifically address that issue.
Employers are already confronting significant and costly
changes to their Human Resource Information Systems (HRIS)
because of a whole host of increased reporting requirements.
For example, changes to the 2000 Census will require
significant changes to employers' collection reporting
processes for employee information. The Office of Federal
Contract Compliance Programs (OFCCP) is also reportedly
actively considering changes to its reporting requirements.
The cumulative impact of these changes in unbearable.
We recognize the importance of protecting American Veterans
and the underlying legislation, but hope that you will
understand these practical concerns and the impact that
Section 8 will have on reporting processes for all federal
contractors in the private sector. Please contact Deanna
Gelak, Director of Government Affairs if you would like to
further discuss these issues and the need to further examine
the employment implications of Section 8 of S. 1021 in the
next Congressional session.
Sincerely,
Susan R. Meisinger, SPHR,
Senior Vice President.
Mr. Speaker, in short and finally, S. 1021 is a good bill. It is a
strong bipartisan measure that in fact will benefit our veterans. I
urge all Members to support it.
Unfortunately our Federal workplace has become a barrier to
employment opportunity where veterans sometimes are the very last hired
and the first fired. This bill changes that practice. This is the most
important and significant veterans legislation to pass Congress in
nearly a decade. This effort in fact culminates years of efforts by
numerous veterans service organizations to recognize Federal service as
Federal employment by our veterans.
Mr. Speaker, I reserve the balance of my time.
Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today to express my strong support for S. 1021,
the Veterans Employment Opportunity Act. I would first like to
congratulate the chairman of the Subcommittee on Civil Service the
gentleman from Florida (Mr. Mica) for his leadership and his spirit of
bipartisanship in an effort to expand and strengthen veterans'
preference. I also want to thank the chairman of the committee the
gentleman from Indiana (Mr. Burton) and our ranking member of the
Committee on Government Reform and Oversight the gentleman from
California (Mr. Waxman) for their cooperation in making
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this moment possible as we present this legislation tonight.
The spirit of cooperation on both sides of the aisle has been
critical in bringing forward this important legislation. S. 1021
improves the ability of veterans to compete during the Federal hiring
process, extends veterans' preference to all branches of the Federal
Government, and instructs the Secretary of Labor to maintain a database
of contractors who have filed reports on the number of veterans they
have hired. The bill also makes knowing violations of veterans'
preference laws a prohibited personnel practice. Finally, it makes
improvements in the system for investigating and redressing violations
of veterans preference whenever they occur.
The Federal Government is the Nation's leader in veterans'
employment, with 27 percent of the Federal workforce made up of
veterans. 506,939 veterans were employed by the government as of
September 30, 1996. Compared to the private sector, the Federal
Government employs two times the percentage of veterans. Yet testimony
in previous Civil Service Subcommittee hearings has revealed that
veterans' preference in the Federal workforce is sometimes ignored or
circumvented and that its continued viability in the workplace is
threatened on several fronts.
For example, a 1992 General Accounting Office study of veterans'
preference revealed that certificates, that is the list of candidates
from which agencies may hire, headed by a veteran entitled to
preference were returned unused at almost 1.4 times the return rate of
certificates headed by nonveterans. According to another GAO study,
one-quarter of selecting officials who returned a certificate unused to
their personnel office in 1992 did so when they could not hire the
candidate they wanted because a preference-eligible veteran was ranked
higher.
Mr. Speaker, the Congress has repeatedly declared that our veterans
deserve special consideration in Federal employment decisions because
of their vital contributions to our Nation's security. This bill
continues that tradition.
Mr. Speaker, S. 1021 is a good bipartisan bill that strengthens
veterans' preference in the Federal Government. It will give our
veterans the help they deserve in obtaining and retaining civilian
employment within the Federal Government. Our veterans have given so
much to allow us to live the wonderful lives that we live. They have
given so much of their lives to make it possible for us to have the
freedom that we have. Therefore, I urge all my colleagues to support
this very important legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. MICA. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Maryland (Mrs. Morella), a tireless worker and advocate on behalf of
our veterans and our Federal employees.
Mrs. MORELLA. I thank the gentleman for yielding me this time, Mr.
Speaker. I must say, I am so pleased to see this bill come back under
suspension because, as was mentioned, this will be the fourth time
around. Twice during the 104th Congress did we pass it in this House
and last year in the 105th Congress, and now as we are in our waning
days of the 105th Congress, it has come back from the Senate slightly
changed but one that will indeed enhance veterans employment
opportunities, something that is quite needed.
I want to commend the gentleman from Florida (Mr. Mica). He has been
there from the very start. Really it has been his concept that he
developed and he crafted, and he has kind of guided it through so many
years where there have been tremendous difficulties. And so
congratulations to the gentleman from Florida (Mr. Mica) on a great
job. He has already indicated our commendation to the chairman of the
committee and the ranking member and also the ranking member of the
subcommittee the gentleman from Maryland (Mr. Cummings) who is here and
the others who have cared about this particular issue.
Basically what it does is it simply, I guess I would call it a bill
that enhances and enforces employment opportunities for veterans. It
does not do anything about special, I will not say efforts but special
privileges for them, but it gives them what they deserve, to make sure
that they are getting equal access, a kind of a fair, level playing
field and fairness in employment. I like the fact that it sets up also
an accountability concept where, for instance, Federal agencies will
notify OPM, the Office of Personnel Management and U.S. employment
offices of each vacant position for which competition would include
those individuals having competitive service which means our veterans.
So that is the kind of accountability. And the fact that violations of
veterans' preferences would be prohibited under personnel policies and
especially the redress mechanism, to ensure that veterans' rights are
protected.
{time} 2320
So I am pleased, Mr. Speaker, that this bill is finally getting
through under suspension, and it is important because it makes us
remember the veterans who have given so much to us and so much to this
country. They deserve no less. And so I support S. 1021.
Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume.
I just want to say we have no speakers, Mr. Speaker, but I just
wanted to pause to again express my appreciation to our entire
subcommittee and our committee for all that has been done for our
veterans. They are very, very important people, and I know in my State
of Maryland when I visit with veterans and they come to visit me, I am
constantly reminded of the role that they play in making our lives the
best that they can be. So, Mr. Speaker, since we have no further
speakers, again I want to thank the gentleman from Florida (Mr. Mica)
him for his cooperation.
Mr. Speaker, I yield back the balance of my time.
Mr. MICA. Mr. Speaker, I yield myself such time as I may consume.
I have no further speakers, but I would like to take this opportunity
to close. Mr. Speaker, this legislation indeed is a significant step
forward for all of America's veterans. That is why all of the major
veterans service organizations in the United States support this bill.
They and the 12 million veterans they represent know how much veterans
will benefit when we pass this legislation this evening. I thank these
organizations and the many, many veterans who have contacted me and
other Members for their very strong support, active participation and
hard work to make this legislation possible. Their efforts were
indispensable.
Mr. Speaker, America owes a very great and deep debt of gratitude to
the men and women who have kept our Nation free and strong and who
fought our battles and served in lonely and harsh outposts around the
world to preserve the peace. This bill will not repay that debt. No
measure this Congress can enact will ever fully repay that debt. But S.
1021 is a down payment and, in fact, a good one.
The gentleman from Arizona (Mr. Stump) has called my bill the most
significant advance in veterans' preference in 50 years. That can also
be said of this legislation, S. 1021. The relief and benefit it will
bring to those who have served our Nation under arms is long overdue.
This bill commands the support of every Member of the House.
So in closing I urge my colleagues to pass this legislation this
evening so it can be made the law of the land. We can do no less for
those who have done so much.
Mr. SESSIONS. Mr. Speaker, I am proud to give my support for S. 1021,
the Veterans Employment Act of 1998. As a member of the Government
Reform and Oversight Committee, I actively supported and voted for
passage of H.R. 240, the Veterans Employment Opportunities Act of 1997.
I am pleased to see the successful negotiations between the House and
Senate have allowed a vote on this important reform of the federal
employment hiring system.
This legislation equalizes the treatment of military and civilian
employees when seeking employment within the federal government. The
bill provides preference to our veterans--the same preference that
civilian employees currently receive in the federal employment system.
I supported this effort to instill fairness in the employment process
and reward those veterans who provided us with our most sacred
principle--freedom.
I am very pleased that we are going to pass this bill today and
encourage all of my colleagues to vote for its passage.
Mr. STUMP. Mr. Speaker, I rise today to voice my support for S. 1021,
the Veterans Employment Opportunities Act of 1998. This
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bill originated in the House as H.R. 240 under the guidance of
Representative John Mica, Chairman of the Subcommittee on Civil
Service, and passed the House on April 9, 1997. S. 1021 provides
improvements to veterans' preference and employment opportunities and
strengthens veterans' employment rights with federal contractors.
Mr. Speaker, through veterans' preference, wartime and disabled
veterans get a small advantage competing for federal jobs, along with
promotion and retention protection. To date, veterans comprise 27.6
percent of the federal workforce. The bill in its entirety demonstrates
the commitment of the Congress to America's 26 million veterans that
preference for federal jobs is an important way to share the sacrifices
of war.
I'd like to thank Chairman Specter of the Senate Veterans Affairs
Committee for two provisions in particular. Section 6 expands and
improves veterans' employment under federal contracts, and expands the
definition of who is a `covered veteran' by including veterans who
served on active duty during a war or in a campaign or expedition for
which a campaign badge has been awarded. Section 7 requires federal
contractors to include the maximum number and the minimum number of
employees in their annual reports on veteran's employment. Both of
these provisions are designed to afford additional protection to
preference eligible veterans employed by Federal contractors.
This bill is the most significant improvement in veterans' preference
in my memory and it deserves the strong support of the House. I urge my
colleagues to support S. 1021.
Finally, Mr. Speaker, on behalf of all veterans, I'd like to express
my thanks and sincere appreciation to Chairman John Mica as well the
Ranking Member, Elijah Cummings, and all of their staff for the
commitment that they continue to show to our men and women who have
proudly served our country in the U.S. Armed Forces.
Mr. PAPPAS. Mr. Speaker, I rise today to support our veterans by
calling for the passage of the S. 1021, the Veterans Employment
Opportunity Act of 1998. Last year, the House did the right thing by
passing H.R. 240 introduced by Representative Mica. This legislation is
the Senate's long awaited companion bill and, while I wish it had gone
further in its protection of veterans from Reductions In Force,
nonetheless it also deserves our passage today.
For too long many of our nation's veterans have been neglected by our
own government when it comes to obtaining federal employment. Our
nation's veterans, who served so selflessly and risked their lives,
face unnecessary restrictions that preclude them from federal
employment. All they simply desire is the opportunity to continue
serving their nation.
As the result of this legislation, veterans can apply for federal
jobs on a more competitive basis at a time when their employment within
the federal workforce is declining and approaching an historically low
level.
This is a bipartisan bill and one that reflects the interests of the
people who have served our country so courageously. I am proud that
this legislation has the support of the American Legion. I commend Mr.
Mica for his work and urge my colleagues to support it.
Mr. MICA. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Blunt). The question is on the motion
offered by the gentleman from Florida (Mr. Mica) that the House suspend
the rules and pass the Senate bill, H.R. S. 1021.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate bill was passed.
A motion to reconsider was laid on the table.
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