[Congressional Record Volume 157, Number 172 (Thursday, November 10, 2011)]
[Senate]
[Pages S7384-S7385]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA:
  S. 1859. A bill to provide that section 3330a, 3330b, and 3330c of 
title 5, United States Code, relating to administrative and judicial 
redress and remedies for preference eligibles, shall apply with respect 
to the Federal Aviation Administration and the Transportation Security 
Administration; to the Committee on Veterans' Affairs.
  Mr. AKAKA. Mr. President, I rise today to introduce legislation that 
will provide certain of our Nation's veterans with the ability to 
enforce their statutorily protected veterans' preference rights in the 
Federal Government.
  The Veterans' Preference Act, which became law in 1944, was intended 
to provide a preference in hiring in the Executive Branch to returning 
servicemembers who acquired valuable skills during their service in the 
Second World War. Before signing this legislation into law, President 
Franklin D. Roosevelt referred to the great responsibility our Nation 
owes its veterans:

       I believe that the Federal Government, functioning in its 
     capacity as an employer, should take the lead in assuring 
     those who are in the armed forces, that when they return, 
     special consideration will be given to them in their efforts 
     to obtain employment. It is absolutely impossible to take 
     millions of our young men out of their normal pursuits for 
     the purpose of fighting to preserve the Nation, and then 
     expect them to resume their normal activities without having 
     any special consideration shown them.

  By 1998, it had become clear that providing veterans with a 
preference in hiring was an effective way to attract and retain 
qualified veterans in government service. However, it was apparent that 
veterans needed a mechanism to enforce their veterans' preference 
rights where an agency was not applying the law as Congress intended. 
Recognizing this need, Congress enacted the Veterans Employment 
Opportunities Act, which created a mechanism

[[Page S7385]]

for preference eligible veterans to appeal violations of their 
veterans' preference rights to the Department of Labor, the Merit 
Systems Protection Board, and Federal court. The Veterans Employment 
Opportunities Act also extended veterans' preference rights to 
reductions in force in the Federal Government.
  It has come to my attention that, unfortunately, not all of our 
veterans have the ability to enforce their rights under the Veterans 
Employment Opportunities Act. Last year, in a case called Morse v. 
Merit Systems Protection Board, the United States Court of Appeals for 
the Federal Circuit ruled that preference eligible applicants and 
employees at the Federal Aviation Administration and the Transportation 
Security Administration are not covered by the Veterans Employment 
Opportunities Act, and thus do not have the same appeal rights as most 
other applicants and employees in the Federal Government. The court's 
ruling is puzzling because applicants and employees at both of these 
Federal agencies have veterans' preference rights under current Federal 
law, but it may reflect a drafting error in the Veterans Employment 
Opportunities Act. At a time when thousands of our servicemembers are 
returning home and seeking employment in the Federal Government, we 
must correct this unacceptable result.
  Recently, our country observed the 10th anniversary of the tragic 
attacks of September 11, 2001. Since that horrific day, more than 5 
million Americans have served in our military, with more than 2 million 
Americans serving in warzones. As these servicemembers return home, we 
must be mindful of our sacred commitment to assist those who serve our 
country and later seek employment in the Federal Government. 
Specifically, we must ensure that all of our federal agencies are 
honoring the sacrifice made by servicemembers and their families by 
complying with veterans' preference laws.
  Accordingly, I am introducing legislation to correct the problem 
recently brought to light by the Morse decision by providing 
preference-eligible applicants and employees at the Federal Aviation 
Administration and the Transportation Security Administration with 
rights under the Veterans Employment Opportunities Act. I look forward 
to working with my colleagues to pass this important legislation, and 
more fully honoring the commitment of our Nation's veterans.
  I urge my colleagues to support this important legislation.
  Mr. Pesident, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1859

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. ADMINISTRATIVE AND JUDICIAL REDRESS AND REMEDIES 
                   FOR PREFERENCE ELIGIBLES.

       Section 3330a of title 5, United States Code, is amended by 
     adding at the end the following:
       ``(f) For purposes of this section and sections 3330b and 
     3330c, the Federal Aviation Administration and the 
     Transportation Security Administration are agencies. This 
     section and sections 3330b and 3330c shall apply to any 
     individual who is a preference eligible with respect to the 
     Federal Aviation Administration and the Transportation 
     Security Administration.''.

                          ____________________