Senate passes measure to ensure federal hiring preference for reservists

The Senate on Tuesday unanimously approved a measure designed to ensure that reserve troops released from active duty after overseas deployments are eligible for veterans preference in federal hiring.

The Reservist Access to Veterans Preference Act passed as an amendment to the fiscal 2006 National Defense Authorization Act (S. 1042), and is intended to clarify the law that gives veterans special preference in federal hiring.

The Defense bill cleared the Senate Tuesday by a vote of 98-0.

The amendment, endorsed by the Reserve Officers Association, was sponsored by Sens. Saxby Chambliss, R-Ga., Johnny Isakson, R-Ga., and Richard Durbin, D-Ill.

According to Chambliss's spokeswoman AnnieLaurie Walters, the current wording of the law and the Office of Personnel Management's implementing rules are ambiguous, resulting in inconsistent application across agencies. The alleged confusion has resulted in the denial of veterans preference to qualified reservists and National Guard members, according to Walters.

Currently, OPM's VetGuide requires that a veteran be "separated from active duty in the Armed Forces with an honorable or general discharge," in order to receive the preference.

Some federal agencies have failed to consider qualified reservists for jobs requiring veterans preference because they have a release from active duty, rather than a "discharge" certificate, Walters said.

OPM Director Linda Springer wrote in a Nov. 8 letter to Durbin that the agency always has had a policy that reservists who have been separated or discharged are qualified for the veterans preference.

"Should you wish to clarify the current statutory language, we believe that your proposed legislative language would address this issue consistent with our long-standing policy and guidance to agencies," Springer wrote.

"Veterans preference has been and continues to be available to members of the National Guard and Reserves," said Michael Orenstein, an OPM spokesman. OPM and the administration "fully support this ideal," he said.

"The bottom line is that National Guard and reserve members are eligible for veterans preference," Orenstein said.

The amendment would remove the term "separated from" from the law's definition of eligible veterans, and would replace it with "discharged or released from active duty."