LEGISLATION I am also pleased to present the Department's views on two introduced bills and a draft bill, which pertain primarily to protecting the employment rights of service members. Safeguarding Schoolchildren of Deployed Soldiers Act of 2004 H.R. 3779, the "Safeguarding Schoolchildren of Deployed Soldiers Act of 2004," would 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. The Department defers to the Department of Defense for comment. Patriotic Employer Act of 2004 H.R. 4477, the "Patriotic Employer Act of 2004," would amend USERRA to require employers to post a notice of the rights and duties that apply under that Act. The Department is always interested in finding new and effective ways to convey the rights and responsibilities of employers under USERRA. As part of its ongoing compliance assistance efforts, the Department continues to reach out to employers and, as such, is not opposed to this bill. USERRA Health Care Coverage Extension Act of 2004 Section 2 of the draft bill, “USERRA Health Care Coverage Extension Act of 2004,” would extend the period of USERRA continuation coverage from 18 to 24 months for service members who elect such coverage, which would align this coverage period with the length of time reservists can be mobilized under the current mobilization authority. The bill provides that the 24-month period applies to all continuation coverage elections occurring on or after the date of enactment. The Department supports the intent of this bill and would be pleased to work with the Committee on any technical issues. In Section 3, the bill would reinstate the requirement to report on certain cases and complaints in consultation with the U.S. Attorney General and the U.S. Special Counsel. In the past, the Department found this requirement to be useful. As such, the Department has no objection to the reinstatement of these reporting requirements. The Department would defer to the Attorney General and the Special Counsel for their respective views on the implementation of this provision. CONCLUSION We remain committed to informing employers about USERRA and continuing our mission of protecting the reemployment rights of our service members, including the 76 service members employed by this Department. Mr. Chairman and members of the Committee, this concludes my statement. I will be happy to answer any questions. TESTIMONY CRAIG W. DUEHRING PRINCIPAL DEPUTY ASSISTANT SECRETARY OF DEFENSE RESERVE AFFAIRS BEFORE THE COMMITTEE ON VETERANS' AFFAIRS THE SERVICEMEMBERS LEGAL PROTECTION ACT OF 2004 DRAFT BILL THE SAFEGUARDING SCHOOLCHILDREN OF DEPLOYED SOLDIERS ACT OF 2004 H.R. 3779 THE USERRA HEALTH CARE COVERAGE EXPANSION ACT OF 2004 DRAFT BILL THE PATRIOTIC EMPLOYER ACT OF 2004 H.R. 4477 JUNE 23, 2004 FOR OFFICIAL USE ONLY UNTIL RELEASED BY THE COMMITTEE Previously, Duehring served on the Bush-Cheney Transition Team and the Department of Defense Transition Team. He was the executive director of the Patrick Henry Center for Individual Liberty, a non-profit 501 (c)(3) educational and charitable foundation located in Fairfax, Virginia. Duehring was the endorsed Republican candidate for the Minnesota 2nd Congressional District in 1998. He is a 28-year military veteran, retiring as a colonel in the U.S. Air Force in February 1996. His final military assignment was as the U.S. Air Attaché to the Republic of Indonesia. He is a decorated combat pilot, completing over 800 missions during the Vietnam War as a Forward Air Controller. Duehring has flown more than a dozen types of aircraft, amassing over 1,200 hours in the A-10 Thunderbolt II. His military awards and decorations include the Silver Star, the Defense Superior Service Medal, two Distinguished Flying Crosses, three Meritorious Service Medals, 27 Air Medals, two Air Force Commendation Medals, the Vietnamese Cross of Gallantry (individual award), and the Vietnamese Staff Service Honor Medal (1st Class). Duehring is also a recipient of the Air Force's highest individual award for leadership in the senior officer category, the Lance P. Sijan (SIGH-john) Award. Duehring holds a bachelor of science in History and Sociology from Minnesota State University at Mankato, and a master of science in Counseling and Guidance from Troy State University. He is a native of Mankato, Minnesota. Mr. Chairman and members of the Committee, thank you for giving me the opportunity to come before you this morning to discuss several proposed improvements to the Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA). The Department of Defense supports enactment of the Servicemembers Legal Protection Act of 2004, which would amend several provisions of the SCRA to reflect our experience with the SCRA during its first six months. Each proposed amendment in the draft bill addresses a problem that has been encountered by servicemembers and brought to the attention of the Department through the legal assistance programs of the Military Services. Legal assistance attorneys play a key role in ensuring that servicemembers are able to fully exercise the rights and protections afforded by the SCRA, and we have been attentive to their experiences during this initial shakedown period under the new law. The Department passed on its concerns and recommendations to your staff, and you have responded expeditiously with this draft bill and this hearing. I commend and thank the Committee and its staff for this impressive responsiveness to the needs of our servicemembers. Section 2 of the draft bill would amend the SCRA by defining the term “judgment" to include any judgment, decree, order, or ruling, final or temporary. Defining this term, which is used in several key provisions of the Act, will ensure that servicemembers are not excluded from any of the Act's rights or protections, such as the section 201 |