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PROTECTING THE RIGHTS OF THOSE WHO PRO-

TECT US: PUBLIC SECTOR COMPLIANCE WITH
THE UNIFORMED SERVICES EMPLOYMENT AND
REEMPLOYMENT RIGHTS ACT AND IMPROVE-
MENT OF THE SERVICEMEMBERS CIVIL RELIEF
ACT

HEARING

BEFORE THE

COMMITTEE ON VETERANS' AFFAIRS

HOUSE OF REPRESENTATIVES

ONE HUNDRED EIGHTH CONGRESS

SECOND SESSION

JUNE 23, 2004

Printed for the use of the Committee on Veterans' Affairs

Serial No. 108–46

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CHRISTOPHER H. SMITH, New Jersey, Chairman MICHAEL BILIRAKIS, Florida

LANE EVANS, Illinois TERRY EVERETT, Alabama

BOB FILNER, California STEVE BUYER, Indiana

LUIS V. GUTIERREZ, Illinois JACK QUINN, New York

CORRINE BROWN, Florida CLIFF STEARNS, Florida

VIC SNYDER, Arkansas JERRY MORAN, Kansas

CIRO D. RODRIGUEZ, Texas RICHARD H. BAKER, Louisiana

MICHAEL H. MICHAUD, Maine ROB SIMMONS, Connecticut

DARLENE HOOLEY, Oregon HENRY E. BROWN, JR., South Carolina TED STRICKLAND, Ohio JEFF MILLER, Florida

SHELLEY BERKLEY, Nevada JOHN BOOZMAN, Arkansas

TOM UDALL, New Mexico JEB BRADLEY, New Hampshire

SUSAN A. DAVIS, California BOB BEAUPREZ, Colorado

TIM RYAN, Ohio GINNY BROWN-WAITE, Florida

STEPHANIE HERSETH, South Dakota RICK RENZI, Arizona TIM MURPHY, Pennsylvania

PATRICK E. RYAN, Chief Counsel and Staff Director

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CONTENTS

Page

Blair, Dan J., Deputy Director, Office of Personnel Management, accompanied

by Michael Mahoney, Staffing Group Manager, Office of Personnel Manage-

ment

Prepared statement of Mr. Blair

Bloch, Scott J., Special Counsel, U.S. Office of Special Counsel

Prepared statement of Mr. Bloch

Bradley, Hon. Jeb, a Representative in Congress from the State of New

Hampshire

Prepared statement of Congressman Bradley

Brown-Waite, Hon. Ginny, a Representative in Congress from the State of

Florida

Prepared statement of Congresswoman Brown-Waite

Burris, Jason, Corporal, Oregon National Guard

Prepared statement of Mr. Burris

, , '

Service, Department of Labor

Prepared statement of Mr. Ciccolella

Cox, Col. Brarry, Director, Military Member Support and Ombudsman Serv-
ices, National Committee for Employer Support of the Guard and Reserve

Prepared statement of Colonel Cox

Duehring, Craig W., Principal Deputy Assistant Secretary of Defense for

Reserve Affairs, Department of Defense

Prepared statement of Secretary Duehring

Iglesias, David C., United States Attorney, District of Mexico, Department

of Justice

Prepared statement of Captain Iglesias

Kaplan, Judithe Hanover, Former Colonel, U.S. Air Force Reserve

Prepared statement of Dr. Kaplan
Kimmel, Tammy M., military spouse, Killeen, TX

Prepared statement of Ms. Kimmel

McGovern, Hon. James P., a Representative in Congress from the State

of Massachusetts

Prepared statement of Congressman McGovern

Moakler, Kathleen B., Deputy Director, Government Relations, The National

Military Family Association

66

167

64
159

59
141

16

120

13

116

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Page

206

Moakler, Kathleen B., Deputy Director, Government Relations, The National
Military Family Association—Continued

Prepared statement of Ms. Moakler
Norton, Col. Robert F., U.S. Army (ret.), Deputy Director, Government Rela-
tions, The Military Officers Association of America

Prepared statement of Colonel Norton Quinn, Pat, Lieutenant Governor of Illinois

Prepared statement of Lieutenant Governor Quinn, with attachments
Saunders, Margot, Managing Attorney, National Consumer Law Center

Prepared statement of Ms. Saunders
Slaughter, Hon. Louise M., a Representative in Congress from the State

of New York
Van Sickle, Harry, Commissioner, Union County, Pennsylvania and Chair

of the Labor and Employment Steering Committee of the National Association of Counties (NAČO)

Prepared statement of Mr. Van Sickle

77 198

73 176

81 213

61

75 182

MATERIAL SUBMITTED FOR THE RECORD

87

90

93

Bills:

H.R. 4477, a bill to amend the Uniform Services Employment and Reem

ployment Rights Act of 1994 to require employers to post a notice of the rights and duties that apply under that Act H.R. 3779, a bill to amend the Servicemembers Civil Relief Act to prevent

the disruption of the education of children who change residence based

on the military service of their parents Draft bills:

H.R. , a bill to amend chapter 43 of title 38, United States Code,

to extend the period for which an individual may elect to continue employer-sponsored health care coverage under the Uniform Services Employment and Reemployment Rights Act of 1994, and for other purposes H.R. a bill to amend the Servicemembers Civil Relief Act to make

certain improvements and technical corrections to that Act Statement:

Sarah J. Hayhurst, Army spouse

Dennis W. Archer, President, American Bar Association Reports:

“Agencies without policies regarding Federal Employees Health Benefits

(FEHB) premium payment for Reserves and Guardsmen, submitted

by Mr. Bloch “Veterans' Employment Audit Report,” prepared by Office of Personnel

Management, June 2004, submitted by Mr. Bloch Survey report:

“Has the Deployment of Reserves Affected Your County?” June, 2004,

submitted by Mr. Van Sickle Written committee questions and their responses:

Chairman Smith to Department of Defense

95

111 172

29

31

187

219

PROTECTING THE RIGHTS OF THOSE WHO
PROTECT US: PUBLIC SECTOR COMPLIANCE
WITH THE UNIFORMED SERVICES EMPLOY-
MENT AND REEMPLOYMENT RIGHTS ACT
AND
IMPROVEMENT

OF

THE SERVICEMEMBERS CIVIL RELIEF ACT

Wednesday, June 23, 2004

U.S. HOUSE OF REPRESENTATIVES,
COMMITTEE ON VETERANS' AFFAIRS,

Washington, D.C. The committee met, pursuant to notice, at 10:05 a.m., in room 334, Cannon House Office Building, Hon. Christopher Smith (chairman of the committee) presiding.

Present: Representatives Smith, Quinn, Brown, Boozman, Bradley, Beauprez, Brown-Waite, Evans, Hooley, Strickland, Udall, Davis, and Herseth.

OPENING STATEMENT OF CHAIRMAN SMITH The CHAIRMAN. The hearing will come to order.

Good morning, ladies and gentlemen. Today's hearing is entitled “Protecting the Rights of Those Who Protect Us.” We'll examine how well the Uniformed Services Employment and Reemployment Rights Act, commonly known as USERRA, as well as the Servicemembers Civil Relief Act, are operating to protect our servicemembers called to active duty.

These two major Federal statutes are designed to protect the legal, financial, and job rights of active duty Guard and Reserve members of our armed forces that could be adversely affected by their service.

Both of these laws are particularly important to our nations Reserve and Guard members more than 153,000 of whom have been called to active duty in the war on terrorism. It is worth noting that many of these brave men and women are also first responders in their civilian jobs, including police, firefighters and emergency medical personnel.

We must ensure that the laws designed to protect them are complete, effective and, perhaps most important, faithfully executed and enforced. With thousands of Reserve and Guard members returning from active duty every month, we need to be certain that USERRA is doing the job Congress intended.

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