Federal Manager's Daily Report

Newly offered bipartisan legislation (HR-3007 and S-1424) would guarantee that veterans would have the same rights to appeal FAA hiring decisions that apply at other agencies.

“While the FAA is legally required to give veterans’ preference in hiring decisions, the FAA is exempt from the vast majority of federal civil service personnel provisions included in Title 5 of the U.S. Code,” sponsors said on introducing the bill. “As a result the loophole, the Merit Systems Protection Board and the United States Court of Appeals for the Federal Circuit have concluded that although FAA employees enjoy veterans’ preference rights, FAA employees do not have access to any enforcement mechanisms.”

“These mechanisms include jurisdictional appeals and remedial provisions, as well as hiring preferences for military spouses, spouses of disabled veterans, and survivors of veterans. The Federal Circuit Court considered this loophole to be a legislative oversight, but one that only Congress can remedy,” they said.

The bill also would extend hiring preferences for military spouses, spouses of disabled veterans, and survivors of veterans.