[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

[[Page H10189]]

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

[[Page H10190]]

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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