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AVAILABLE from DOCUMENT RESUME Hearing on USERRA DOCUMENT RESUME ED 404 468 CE 073 404 TITLE Hearing on USERRA, Veterans' Preference in the VA Education Services Draft Discussion Bill. Hearing before the Subcommittee on Education, Training, Employment and Housing of the Committee on Veterans' Affairs, House of Representatives, One Hundred Fourth Congress, Second Session. INSTITUTION Congress of the U.S., Washington, D.C. House Committee on Veterans' Affairs. REPORT NO ISBN-0-16-053858-0 PUB DATE 30 May 96 NOTE 187p.; Serial No. 104-23. Contains small type. AVAILABLE FROMU.S. Government Printing Office, Superintendent of Documents, Congressional Sales Office, Washington, DC 20402. PUB TYPE Legal/Legislative/Regulatory Materials (090) EDRS PRICE MF01/PC08 Plus Postage. DESCRIPTORS Adults; *Compliance (Legal); Employer Attitudes; *Employment Problems; Employment Qualifications; Federal Government; Federal Legislation; Government Employees; Hearings; *Personnel Selection; *Public Agencies; *Reduction in Force; State Government; *Veterans IDENTIFIERS Congress 104th ABSTRACT This document records oral and written testimony given at a hearing before a subcommittee of the U.S. House of Representatives Committee on Veterans' Affairs. The testimony pertains to veterans' preferences in hiring in the federal government and problems veterans are having in being reemployed after stints of active duty or during reductions in force (RIFs) at federal agencies. Those testifying included members of the House of Representatives, representatives of veterans' organizations, and officials of the Clinton Administration. According to the House members and the representatives of veterans' organizations, veterans have been faring badly in applications for employment and in protection against RIFs because bureaucrats do not support veterans and do not follow the law. The legislators have proposed bills that would provide for redress for veterans hurt by bureaucrats' failure to follow the law of preference in hiring. Administration officials, however, pointed out statistics that show that hiring of veterans has increased greatly during the past several years and that veterans have fared much better than nonveterans during RIFs. (KC) *********************************************************************** Reproductions supplied by EDRS are the best that can be made from the original document. *********************************************************************** HEARING ON USERRA, VETERANS' PREFERENCE IN THE VA EDUCATION SERVICES DRAFT DIS- CUSSION BILL HEARING BEFORE THE SUBCOMMITTEE ON EDUCATION, TRAINING, EMPLOYMENT AND HOUSING OF THE COMMITTEE ON VETERANS' AFFAIRS HOUSE OF REPRESENTATIVES cD, ONE HUNDRED FOURTH CONGRESS SECOND SESSION MAY 30, 1996 Printed for the use of the Committee on Veterans' Affairs Serial No. 104-23 U.S. DEPARTMENT OFEDUCATION Office or Educational Research and Improvement EDUCATIONAL RESOURCES INFORMATION CENTER (ERIC) is document has been 9 received from the personreproduced as originating it. or organization O Minor changes have been reproduction Quality made to improve Points of new or opinionsstated in this docu- ment do not necessarilyrepresent official OERI position or policy U.S. GOVERNMENT PRINTING OFFICE 26-280 CC WASHINGTON : 1996 For sale by the U.S. Government Printing Office Superintendent of Documents, Congressional Sales Office, Washington,DC 20402 ISBN 0-16-053858-0 BEST COPY AVATIABLE 2 COMMITTEE ON VETERANS' AFFAIRS BOB STUMP,Arizona, Chairman CHRISTOPHER H. SMITH, New Jersey G.V. (SONNY) MONTGOMERY, Mississippi MICHAELBILIRAKIS,Florida LANE EVANS, Illinois FLOYD SPENCE, South Carolina JOSEPH P. KENNEDY II, Massachusetts TIM HUTCHINSON, Arizona CHET EDWARDS, Texas TERRY EVERETT, Alabama MAXINE WATERS, California STEVE BUYER, Indiana BOB CLEMENT, Tennessee JACK QUINN, New York BOB FILNER, California SPENCER BACHUS, Alabama FRANK TEJEDA, Texas CLIFF STEARNS, Florida LUIS V. GUTIERREZ, Illinois BOB NEY, Ohio SCOTTY BAESLER, Kentucky JON FOX, Pennsylvania SANFORD BISHOP, Georgia MIKE FLANAGAN, Illinois JAMES E. CLYBURN, South Carolina BOB BARR, Georgia CORRINE BROWN, Florida JERRY WELLER, Illinois MIKE DOYLE, Pennsylvania J.D. HAYWORTH, Arkansas FRANK MASCARA, Pennsylvania WES COOLEY, Oregon DAN SCHAEFER, Colorado CARL D. COMMENATOR, Chief Counsel and Staff Director SUBCOMMITTEE ON EDUCATION, TRAINING, EMPLOYMENT AND HOUSING STEVE BUYER, Indiana, Chairman BOB BARR, Georgia BOB FILNER, California WES COOLEY, Oregon MAXINE WATERS, California TIM HUTCHINSON, Arizona JAMES E. CLYBURN, South Carolina DAN SCHAEFER, Colorado FRANK MASCARA, Pennsylvania CONTENTS Page OPENING STATEMENTS Chairman Buyer 1 Hon. Bob Filner 2 Hon. Wes Cooley 3 Prepared statement of Congressman Cooley 76 Hon. Frank Mascara 13 WITNESSES Crandell, Bill, Deputy Director, Government Relations, Vietnam Veterans of America 27 Prepared statement of Mr. Crandell 137 Dollarhide, Ms. Celia, Director of Education Services, Department of Veterans Affairs 44 Prepared statement of Ms. Dollarhide 158 Drach, Ronald, National Employment Director, Disabled American Veterans 22 Prepared statement of Mr. Drach, with attachment, 91 Kahn, Gerald, Veterans Economic Action Coalition 26 Prepared statement of Mr. Kahn 117 King, Hon. James B., Director, Office of Personnel Management accompanied by Mr. Leonard Klein, Associate Director for Employment Service 39 Prepared statement of Mr. King 153 Mica, Hon. John L., a Representative in Congress from the State of Florida 4 Prepared statement of Chairman Mica 77 Naschinski, Emil, National Economic Commission, The American Legion 24 Prepared statement of Mr. Naschinski, with attachments, 101 Siegel, Jonathan R., Associate Professor of Law, George Washington Univer- sity Law School 14 Prepared statement of Mr. Siegel 82 Taylor, Jr., Hon. Preston M., Assistant Secretary of Labor, Veterans Employ- ment and Training 38 Prepared statement of Mr. Taylor 144 MATERIAL SUBMITTED FOR THE RECORD Discussion draft: H.R. a bill to amend 38, United States Code, to improve veterans education benefits, and for other purposes 71 Report: FY 1995 Report to Congress on the Employment and Reemployment Rights of members of the uniformed services, prepared by U.S. Depart- ment of Labor 63 Statements: Hon. Bob Stump, chairman, House Committee on Veterans' Affairs 61 Veterans of Foreign Wars 161 Non Commissioned Officers Association 164 Summary of Veterans Education Benefits Discussion Draft 69 Tables: Status of demonstration projectsactive and potential, requested by cer- tain agencies for approval, submitted by Office of Personnel Manage- ment 181 Written committee questions and their responses: Chairman Buyer to Office of Personnel Management 171 4 HEARING ON USERRA, VETERANS' PREF- ERENCE IN THE VA EDUCATION SERVICES DRAFT DISCUSSION ILL THURSDAY, MAY 30, 1996 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON EDUCATION, TRAINING, EMPLOYMENT AND HOUSING, COMMITTEE ON VETERANS' AFFAIRS, Washington, DC. The subcommittee met, pursuant to call, at 10 a.m. in room 334, Cannon House Office Building, Hon. Steve Buyer, (chairman of the subcommittee) presiding. Present:RepresentativesBuyer,Barr,Cooley,Hutchinson, Schaefer, Filner, Clyburn and Mascara. OPENING STATEMENT OF CHAIRMAN BUYER. Mr. BUYER. Today, we've asked interested parties to present their views on how we're doing in the areas of veterans' preference and in the Uniformed Services Employment and Reemployment Rights Act, commonly called USERRA. We also have a draft bill that would make other changes in how VA administers its edu- cation programs. I recently had the privilege of testifying on veterans' preference before the Subcommittee on Civil Service. In that testimony, I began by saying this is a bipartisan issue and I believe we should continue in that fashion. Federal agencies have long abused, I be- lieve, veterans' preference in hiring, promotion and retention. Today, we'll see a piece of a videotape that shows they also violate the rights of veterans under USERRA. In my testimony, I made the point that I view the entrenched bureaucracy as the main source of the problem. There are thousands of managers and per- sonnel that would like nothing better than to see veterans, in fact, go away. They resent their presence in the organization for a num- ber of reasons. Maybe it's because these managers didn'tserve and are embarrassed by the presence of those who did. Maybe it's be- cause there are questions of women and minorities more repre- sentive as a growing proportion of the veterans. And maybe it's be- cause they have other diversity goals which they believe take prec- edence over veterans. Maybe they resent the unusually small dis- ruptions that are caused by periods of active duty. For whatever reason, I believe it can not continue. Our career civil servants must be made to follow the law, and their political bosses should be edu- (1) 5 2 cated to watch closely for these unacceptable personnel practices. I believe there are no other choices. Therefore, the issue that comes before us today is how do we structure a redress mechanism that will allow veterans to effec- tively pursue their claims of violations of veterans' preference stat- utes? Because most of that legislation lies within the jurisdiction of title 5 and the Subcommittee on Civil Service, I have asked the Chairman, John Mica, to appear today to give us their ideas on how this may best be approached. Before he begins, I would like to recognize the Ranking Member for any remarks he may have here today. OPENING STATEMENT OF HON. BOB FILNER Mr. FILNER. Thank you, Mr. Chairman. Certainly
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