[Congressional Record (Bound Edition), Volume 153 (2007), Part 2]
[Extensions of Remarks]
[Pages 2695-2696]
[From the U.S. Government Publishing Office, www.gpo.gov]




        INTRODUCTION OF THE VETERANS REASSIGNMENT PROTECTION ACT

                                 ______
                                 

                         HON. STEPHANIE HERSETH

                            of south dakota

                    in the house of representatives

                       Tuesday, January 30, 2007

  Ms. HERSETH. Madam Speaker, today I am pleased to introduce the 
Veterans Reassignment Protection Act of 2007. This bill would ensure 
the application of veterans' preference protections to Federal and 
postal employees who are the unfortunate victims of downsizing actions 
that threaten to unfairly and involuntarily reassign them to locations 
far from their homes.
  I have drafted this legislation to directly address the actions of 
some Federal agencies that are attempting to circumvent the application 
of certain employment preferences to military veterans in their ranks. 
These Federal entities in the course of downsizing actions, under the 
authority of so-called ``repositioning rules,'' are seeking to deny the 
longstanding employment preference entitlements Congress has conferred 
upon eligible veterans in connection with reduction-in-force actions. 
If traditional veterans' preference rights were available, veterans 
would likely remain employed in comparable positions in the same 
geographic area when a downsizing action occurred.
  Since the time of the Civil War, veterans of our Armed Forces have 
been given some degree of preference in hiring and other personnel 
actions by the Federal Government. Recognizing their sacrifice, 
Congress has enacted laws to prevent veterans from being penalized for 
their time in military service. Veterans' employment preferences 
recognize the economic loss and sacrifice suffered by citizens who have 
served their country in uniform, restore veterans to a favorable 
competitive position in Government employment, and acknowledge the 
larger obligation owed to disabled veterans.
  The blatant actions of some Federal agencies to circumvent preference 
eligible protections in the course of downsizing actions must be ended, 
especially in light of legal challenges by involuntarily reassigned 
employees that have generally been resolved in favor of their employing 
agency because of a loophole in the law that requires preference 
eligible veterans to accept involuntary reassignment or be 
administratively discharged for the refusal. My legislation would close 
that loophole. The Veterans Reassignment Protection Act would ensure 
the application of veterans' preference rights to employees who are 
involuntarily reassigned in the course of reorganizations or transfers 
of function within their agency, regardless of the characterization of 
such personnel actions by their agency.
  I introduced similar legislation late in the 109th Congress, which 
was endorsed by the American Legion, Veterans of Foreign Wars, the 
National Association of Postal Supervisors, and the National 
Association of Postmasters of the United States. I appreciate the 
continued support of these groups and look forward

[[Page 2696]]

to the added endorsements of additional veteran service organizations 
and others.
  The rights and protections of our Nation's military veterans, 
especially in light of their continuing sacrifices in Iraq, Afghanistan 
and other dangerous lands, should not permit the unfair and wrongheaded 
employment policies by the Federal Government to stand. I am proud to 
support the selfless and patriotic sacrifice of our Nation's military 
veterans, and I urge the swift consideration and passage by the 
Congress of this necessary and important legislation.

                          ____________________