[Senate Report 111-374]
[From the U.S. Government Publishing Office]
111th Congress
2d Session SENATE Report
111-374
_______________________________________________________________________
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
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 3650
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
December 17, 2010.--Ordered to be printed
_________
99-010 U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 2010
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
JOSEPH I. LIEBERMAN, Connecticut, Chairman
CARL LEVIN, Michigan SUSAN M. COLLINS, Maine
DANIEL K. AKAKA, Hawaii TOM COBURN, Oklahoma
THOMAS R. CARPER, Delaware SCOTT P. BROWN, Massachusetts
MARK L. PRYOR, Arkansas JOHN McCAIN, Arizona
MARY L. LANDRIEU, Louisiana GEORGE V. VOINOVICH, Ohio
CLAIRE McCASKILL, Missouri JOHN ENSIGN, Nevada
JON TESTER, Montana LINDSEY GRAHAM, South Carolina
CHRISTOPHER A. COONS, Delaware MARK KIRK, Illinois
Michael L. Alexander, Staff Director
Kevin J. Landy, Chief Counsel
Lawrence B. Novey, Senior Counsel
Brandon L. Milhorn, Minority Staff Director and Chief Counsel
Amanda Wood, Minority Director for Governmental Affairs
Trina Driessnack Tyrer, Chief Clerk
111th Congress Report
SENATE
2nd Session 111-374
======================================================================
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
_______
December 17, 2010.--Ordered to be printed
_______
Mr. Lieberman, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 3650]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 3650) 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, reports favorably thereon without amendment and
recommends that the bill do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................1
III. Legislative History..............................................2
IV. Section-by-Section Analysis......................................3
V. Estimated Cost of Legislation....................................3
VI. Evaluation of Regulatory Impact..................................4
VII. Changes in Existing Law..........................................4
I. Purpose and Summary
Under current statute, mothers of certain permanently
disabled or deceased veterans receive a preference in obtaining
appointment to the civil service if such mothers are widowed,
divorced, or separated, or also if they are married to a
husband who is permanently disabled. S. 3650 would extend
eligibility for the preference to include fathers along with
mothers and to include unmarried mothers or fathers along with
those who are widowed, divorced, or separated.
II. Background and Need for the Legislation
Veterans of the Armed Forces have been given preference in
gaining appointment to federal employment ever since the Civil
War era, and veterans' preference in its current form was
enacted in the Veterans' Preference Act of 1944.\1\ Generally,
veterans who are disabled or who served during specified
wartimes or military campaigns are entitled to a preference in
obtaining appointment to the civil service from competitive
lists and in retention in the civil service during a reduction
in force.\2\ The 1944 Act also provided a preference in
obtaining civil service appointment to wives of disabled
veterans and to widows of deceased veterans.
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\1\See U.S. Office of Personnel Management (OPM); Staffing,
Recruiting, Examining, and Assessment Policy, VetGuide, http://opm.gov/
staffingPortal/Vetguide.asp.
\2\See id.
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In January 1948, Congress extended the hiring preference to
widowed, divorced, or legally separated mothers of veterans who
died in active duty in wartime or who suffer from a service-
connected permanent and total disability.\3\ In reporting the
legislation, the House Committee on Post Office and Civil
Service explained--
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\3\Public Law 80-396 (1948).
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It is the opinion of this committee that the debt of
gratitude owed by the United States to the widowed
mothers of ex-servicemen who lost their lives on active
duty, and to the widowed mothers of ex-servicemen who
are permanently and totally disabled, is immeasurable,
but such widowed mothers warrant the same consideration
now given to wives and unmarried widows of certain ex-
servicemen.\4\
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\4\Committee on Post Office and Civil Service, Report to accompany
H.R. 1426, Extending Veterans' Preference Benefits to Widowed Mothers
of Certain Ex-Servicemen, H.R. Rep. No. 697, 80th Congress, 1st Session
(June 25, 1947).
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The House Post Office and Civil Service Committee further
explained that it supported the bill ``[a]fter considering . .
. the moral obligation this Government has to the widowed
mothers of our ex-servicemen who lost their lives in the
service of our country, or who were permanently disabled while
serving their country.''\5\ In 1950, Congress further extended
the hiring preference to cover mothers of certain deceased or
permanently disabled service member whose husbands also are
totally and permanently disabled.\6\ Mothers entitled to the
preference who pass a civil service examination gain 10
additional points added to their score.\7\
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\5\Id.
\6\Public Law 81-887 (Dec. 27, 1950). The laws making mothers of
veterans eligible for hiring preference have been codified at 5 U.S.C.
Sec. Sec. 2108(3)(F)-(G).
\7\See OPM Vetguide, note 1 above.
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The loss suffered by fathers of disabled or deceased
veterans warrants no less consideration than does the loss
suffered by mothers, and the debt of gratitude owed by the
United States to such fathers is equally immeasurable. In the
approximately six decades since Congress granted the preference
to mothers of certain veterans, our society and economy have
undergone profound transformations, and the Nation has become
far more aware of the importance of equal opportunity and non-
discrimination. In that light, no basis remains for a statute
that grants preference to mothers of veterans but not to
fathers of veterans, or that grants preference to veterans'
parents who are widowed, divorced, or separated, but not to
those who are otherwise unmarried.
III. Legislative History
Senator Ron Wyden introduced S. 3650 on July 26, 2010, and
the bill was referred to the Committee on Homeland Security and
Governmental Affairs on the same day. On July 28, 2010, the
Committee ordered the bill to be reported favorably to the
Senate without amendment by a unanimous voice vote. Members
present were Senators Lieberman, Levin, Akaka, Carper, Pryor,
Landrieu, McCaskill, Tester, Kaufman, Collins, and McCain.
IV. Section-by-Section Analysis
Section 1. Short title
This section provides a short title by which the bill may
be cited.
Section 2. Preference eligible treatment for fathers of certain
permanently disabled or deceased veterans
5 U.S.C. Sec. 2108(3)(F) and (G) now establish that the
mothers of certain deceased and totally disabled veterans may
be eligible for preference in civil service hiring if certain
conditions are met. Section 2 of S. 3650 would amend
subparagraphs (F) and (G) so that either parent of a veteran
can qualify for the preference.
Also, Sec. 2108(3)(F) and (G) now specifies that mothers
may be eligible for a preference only if, among other
conditions, they are widowed, divorced, or separated. Section 2
of S. 3650 would amend subparagraphs (F) and (G) so that a
parent who was never married may also qualify for a preference.
Section 3. Effective date
This section provides that the amendment made by the bill
will take effect 90 days after the date of enactment.
V. Estimated Cost of the Legislation
August 6, 2010.
Hon. Joseph I. Lieberman,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 3650, the Jessica
Ann Ellis Gold Star Fathers Act of 2010.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 3650--Jessica Ann Ellis Gold Star Fathers Act of 2010
S. 3650 would expand preferred eligibility for federal jobs
to the fathers of certain permanently disabled or deceased
veterans. CBO estimates that implementing the legislation would
have no significant impact on the federal budget. Enacting the
bill 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. 3650 would
expand that preference to include veterans' fathers. We
estimate that the legislation would have no 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. 3650 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.
The CBO staff contact for this estimate is Matthew
Pickford. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
VI. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the committee has
considered the regulatory impact of this bill and determined
that the bill will have no regulatory impact. The Congressional
Budget Office states that the bill 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.
VII. Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, 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: GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III--EMPLOYEES
CHAPTER 21--DEFINITIONS
SEC. 2108. VETERAN; DISABLED VETERAN; PREFERENCE ELIGIBLE.
For the purpose of this title--
* * * * * * *
(3) ``preference eligible'' means, except as provided
in paragraph (4) of this section--
* * * * * * *
[(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; and
(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;]
(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 him 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