[House Report 114-263]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-263
======================================================================
GOLD STAR FATHERS ACT OF 2015
_______
September 18, 2015.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Chaffetz, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
[To accompany S. 136]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred the bill (S. 136) to amend chapter 21 of title 5,
United States Code, to provide that fathers of certain
permanently disabled or deceased veterans shall be included
with mothers of such veterans as preference eligibles for
treatment in the civil service, having considered the same,
report favorably thereon without amendment and recommend that
the bill do pass.
CONTENTS
Page
Committee Statement and Views.................................... 2
Section-by-Section............................................... 3
Explanation of Amendments........................................ 3
Committee Consideration.......................................... 3
Roll Call Votes.................................................. 3
Application of Law to the Legislative Branch..................... 3
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 4
Statement of General Performance Goals and Objectives............ 4
Duplication of Federal Programs.................................. 4
Disclosure of Directed Rule Makings.............................. 4
Federal Advisory Committee Act................................... 4
Unfunded Mandate Statement....................................... 4
Earmark Identification........................................... 4
Committee Estimate............................................... 4
Budget Authority and Congressional Budget Office Cost Estimate... 5
Changes in Existing Law Made by the Bill as Reported............. 5
Committee Statement and Views
PURPOSE AND SUMMARY
The Gold Star Fathers Act of 2015, S. 136, would extend to
fathers federal hiring preferences available to mothers of
certain permanently disabled or deceased veterans.
BACKGROUND AND NEED FOR LEGISLATION
Under current law, mothers of certain permanently disabled
or deceased veterans receive preference in appointments for
civil service positions if such mothers are widowed, divorced,
or separated or if the husband of such mother is totally or
permanently disabled.
S. 136 provides that fathers of certain permanently
disabled or deceased veterans shall be included with mothers of
such veterans in order to receive treatment as preference
eligible in civil service appointments.
Finally, S. 136 also extends preference in appointments to
parents who never married along with those that are widowed,
divorced or legally separated.
LEGISLATIVE HISTORY
S. 136, Gold Star Fathers Act of 2015, was introduced on
January 8, 2015, by Sen. Ron Wyden (D-OR) and referred to the
Senate Committee on Homeland Security and Governmental Affairs.
On March 4, 2015, the Senate Committee on Homeland Security and
Governmental Affairs ordered S. 136 reported favorably, without
amendment. On May 11, 2015, S. 136 passed the Senate without
amendment by Unanimous Consent. On May 12, 2015, S. 136 was
referred to the Committee on Oversight and Government Reform.
Similar legislation, H.R. 1222, was introduced on March 3,
2015, by Rep. Elizabeth H. Esty (D-CT), and referred to the
Committee on Oversight and Government Reform.
The legislation has passed the Senate on two prior
occasions: in the 113th Congress (S. 2323) and in the 111th
Congress (S. 3650).
In the 113th Congress, the Gold Star Fathers Act of 2014,
S. 2323, was introduced by Sen. Sherrod Brown (D-OH) on May 13,
2014, and referred to the Senate Committee on Homeland Security
and Governmental Affairs. S. 2323 was reported by the Senate
Committee on Homeland Security and Governmental Affairs,
without amendment, on August 26, 2014. On September 10, 2014,
S. 2323 passed the Senate by Unanimous Consent. The bill was
referred to the Committee on Oversight and Government Reform on
September 11, 2014. Similar legislation, H.R. 1832, was
introduced by Rep. Timothy H. Bishop (D-NY), on May 6, 2014,
and referred to the Committee on Oversight and Government
Reform.
In the 112th Congress, the Gold Star Fathers Act of 2011,
S. 514, was introduced by Sen. Ron Wyden (D-OR) on March 8,
2011, and referred to the Senate Committee on Homeland Security
and Governmental Affairs. Similar legislation, H.R. 4312, was
introduced by Rep. Timothy H. Bishop and referred to the
Committee on Oversight and Government Reform.
In the 111th Congress, the Jessica Ann Ellis Gold Star
Fathers Act of 2010, S. 3650, was introduced by Sen. Ron Wyden
(D-OR) and referred to the Senate Committee on Homeland
Security and Governmental Affairs. The bill was reported by the
Committee on Homeland Security and Governmental Affairs on
November 18, 2010, without amendment, and passed the Senate
with amendments on November 19, 2010. S. 3650 was referred to
the Committee on Oversight and Government Reform on November
29, 2010.
Section-by-Section
Section 1. Short title
Designates the short title of the bill as the ``Gold Star
Fathers Act of 2015''.
Section 2. Preference eligible treatment for fathers of certain
permanently disabled or deceased veterans
This section amends title 5 of the United States Code
sections 2108(3)(F) and (G) to establish that the mothers and
fathers of certain deceased and totally disabled veterans may
be eligible for preference in civil service hiring if certain
conditions are met. It also amends these paragraphs to extend
the preference to a parent who was never married.
This section modifies title 5 of the United States Code
sections 2108(3)(F) and (G) by amending the phrase ``the mother
of an individual'' to ``the parent of an individual'' and the
phrase ``her husband'' to ``the spouse of that parent''.
Section 3. Effective date
This section provides that the amendments made by S. 136
will take effect 90 days after the date of enactment.
Explanation of Amendments
No amendments were offered during Full Committee
consideration of S. 136.
Committee Consideration
On July 22, 2015, the Committee met in open session and
ordered reported favorably the bill, S. 136, by voice vote, a
quorum being present.
Roll Call Votes
No recorded votes were taken during Full Committee
consideration of S. 136.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
This bill extends preference in civil service appointments to
fathers of certain permanently disabled or deceased veterans.
As such this bill does not relate to employment or access to
public services and accommodations.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
2(b)(1) of rule X of the Rules of the House of Representatives,
the Committee's oversight findings and recommendations are
reflected in the descriptive portions of this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goal or objective of the bill is to amend chapter 21 of title
5, United States Code, to provide that fathers of certain
permanently disabled or deceased veterans shall be included
with mothers of such veterans as preference eligibles for
treatment in the civil service.
Duplication of Federal Programs
No provision of this bill establishes or reauthorizes a
program of the federal government known to be duplicative of
another federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that enacting this bill does not
direct the completion of any specific rule makings within the
meaning of 5 U.S.C. Sec. 551.
Federal Advisory Committee Act
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of 5 U.S.C. App., Section 5(b).
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandate Reform Act, P.L. 104-4) requires a statement as to
whether the provisions of the reported include unfunded
mandates. In compliance with this requirement, the Committee
has received a letter from the Congressional Budget Office
included herein.
Earmark Identification
This bill does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
Committee Estimate
Clause 3(d)(1) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
this bill. However, clause 3(d)(2)(B) of that rule provides
that this requirement does not apply when the Committee has
included in its report a timely submitted cost estimate of the
bill prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974.
Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause 3(c)(3) of rule XIII of the Rules of
the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following cost estimate for this bill from the Director of
Congressional Budget Office:
S. 136--Gold Star Fathers Act of 2015
S. 136 would expand preferred eligibility for federal jobs
to the fathers of certain permanently disabled or deceased
veterans. CBO estimates that implementing the legislation would
not have a significant effect on the federal budget. Enacting
S. 136 would not affect direct spending or revenues; therefore,
pay-as-you-go procedures do not apply.
Under current law, mothers of certain veterans are eligible
to claim preferences for civil service positions if their
children are permanently disabled or deceased. S. 136 would
expand that preference to include such veterans' fathers. We
estimate that the legislation would not have a significant
budgetary effect because, while it would expand the pool of
people eligible for federal job preferences, it would not
change the total number of federal jobs available or the
salaries paid to federal employees.
S. 136 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
On March 11, 2015, CBO transmitted a cost estimate for S.
136 as ordered reported by the Senate Committee on Homeland
Security and Governmental Affairs on March 4, 2015. The two
versions of the legislation are identical, and the CBO cost
estimates are the same.
The CBO staff contact for this estimate is Matthew
Pickford. The estimate was approved by Theresa Gullo, Assistant
Director for Budget Analysis.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
SUBPART A--GENERAL PROVISIONS
* * * * * * *
CHAPTER 21--DEFINITIONS
* * * * * * *
Sec. 2108. Veteran; disabled veteran; preference eligible
For the purpose of this title--
(1) ``veteran'' means an individual who--
(A) served on active duty in the armed forces
during a war, in a campaign or expedition for
which a campaign badge has been authorized, or
during the period beginning April 28, 1952, and
ending July 1, 1955;
(B) served on active duty as defined by
section 101(21) of title 38 at any time in the
armed forces for a period of more than 180
consecutive days any part of which occurred
after January 31, 1955, and before October 15,
1976, not including service under section
12103(d) of title 10 pursuant to an enlistment
in the Army National Guard or the Air National
Guard or as a Reserve for service in the Army
Reserve, Navy Reserve, Air Force Reserve,
Marine Corps Reserve, or Coast Guard Reserve;
(C) served on active duty as defined by
section 101(21) of title 38 in the armed forces
during the period beginning on August 2, 1990,
and ending on January 2, 1992; or
(D) served on active duty as defined by
section 101(21) of title 38 at any time in the
armed forces for a period of more than 180
consecutive days any part of which occurred
during the period beginning on September 11,
2001, and ending on the date prescribed by
Presidential proclamation or by law as the last
date of Operation Iraqi Freedom;
and, except as provided under section 2108a, who has
been discharged or released from active duty in the
armed forces under honorable conditions;
(2) ``disabled veteran'' means an individual who has
served on active duty in the armed forces, (except as
provided under section 2108a) has been separated
therefrom under honorable conditions, and has
established the present existence of a service-
connected disability or is receiving compensation,
disability retirement benefits, or pension because of a
public statute administered by the Department of
Veterans Affairs or a military department;
(3) ``preference eligible'' means, except as provided
in paragraph (4) of this section or section 2108a(c)--
(A) a veteran as defined by paragraph (1)(A)
of this section;
(B) a veteran as defined by paragraph (1)(B),
(C), or (D) of this section;
(C) a disabled veteran;
(D) the unmarried widow or widower of a
veteran as defined by paragraph (1)(A) of this
section;
(E) the wife or husband of a service-
connected disabled veteran if the veteran has
been unable to qualify for any appointment in
the civil service or in the government of the
District of Columbia;
[(F) the mother of an individual who lost his
life under honorable conditions while serving
in the armed forces during a period named by
paragraph (1)(A) of this section, if--
[(i) her husband is totally and
permanently disabled;
[(ii) she is widowed, divorced, or
separated from the father and has not
remarried; or
[(iii) she has remarried but is
widowed, divorced, or legally separated
from her husband when preference is
claimed;
[(G) the mother of a service-connected
permanently and totally disabled veteran, if--
[(i) her husband is totally and
permanently disabled;
[(ii) she is widowed, divorced, or
separated from the father and has not
remarried; or
[(iii) she has remarried but is
widowed, divorced, or legally separated
from her husband when preference is
claimed; and]
(F) the parent of an individual who lost his
or her life under honorable conditions while
serving in the armed forces during a period
named by paragraph (1)(A) of this section, if--
(i) the spouse of that parent is
totally and permanently disabled; or
(ii) that parent, when preference is
claimed, is unmarried or, if married,
legally separated from his or her
spouse;
(G) the parent of a service-connected
permanently and totally disabled veteran, if--
(i) the spouse of that parent is
totally and permanently disabled; or
(ii) that parent, when preference is
claimed, is unmarried or, if married,
legally separated from his or her
spouse; and
(H) a veteran who was discharged or released
from a period of active duty by reason of a
sole survivorship discharge (as that term is
defined in section 1174(i) of title 10);
but does not include applicants for, or members of, the
Senior Executive Service, the Defense Intelligence
Senior Executive Service, the Senior Cryptologic
Executive Service, or the Federal Bureau of
Investigation and Drug Enforcement Administration
Senior Executive Service;
(4) except for the purposes of chapters 43 and 75 of
this title, ``preference eligible'' does not include a
retired member of the armed forces unless--
(A) the individual is a disabled veteran; or
(B) the individual retired below the rank of
major or its equivalent; and
(5) ``retired member of the armed forces'' means a
member or former member of the armed forces who is
entitled, under statute, to retired, retirement, or
retainer pay on account of service as a member.
* * * * * * *
[all]