ticularly if we have some indicia of discrimination, such as this having occurred in the past, statements of animus, which we are familiar with, do occur. And as one of the witnesses previously said, in the interview she had with the private sector, they literally said if I had to choose between you and someone who's not a reservist, I would pick the non-reservist. So people sometimes will stumble into those statements of animus that help you prosecute. But we do not have any cases pending of that nature. In terms of the education process, our office does quite a bit of education and outreach in the federal workforce regarding the rights that employees have both to personnel managers as well as to workers. And up until the time that I joined the agency, I do not believe we were doing any outreach in the area of USERRA. We have started including that in every outreach, to talk about USERRA and how we enforce those rights and a very brief overview of those rights.

We are also interested in doing more targeted outreach in the USERRA area where we actually do the whole presentation concerning that issue.

The CHAIRMAN. Well, I thank you for your leadership in beginning that initiative. Maybe one way of targeting that, and you probably have already thought of this, might be to look at those areas where there have been problems, like the San Diego VA, where there have been a couple of cases of reemployment problems, that may suggest a lack of sensitivity to hiring a guardsman or reservist because at the other end, there's a discrimination or a lack of compliance with the law. It might just highlight some problem areas. I just suggest that.

Mr. BLOCH. I think that's an excellent idea.

The CHAIRMAN. Thank you for taking the lead on that. We do appreciate it. Mr. Blair?

Mr. BLAIR. I think that since I began my tenure at the Office of Personnel Management, one of the issues which has received the most heightened attention is making sure that we follow the laws that dictate veterans preference, and I think this hearing today also sensitizes us to the USERRA issues that are going to be coming up, especially as more guardsmen and reservists return from active duty to employment.

We've been engaging in extensive outreach to the veterans organizations over the past two-and-a-half years. I chair quarterly meetings with the veterans service organizations, in which we have oftentimes open and frank discussions for a whole host of issues affecting Federal employment. I think that this is going to be part of our continuing agenda.

We've also conducted hiring fairs across the country in which we've highlighted what we've been working on with veterans' issues, and USERRA has been part of that. Just this past month we had a meeting with the veterans service organizations, and the chief human capital officers across Government up at Walter Reed, and we discussed veterans' issues as well.

But I think the most important issue that you just raised is making sure that employees know about that. And although it may not be explicitly written, this would appear to be an issue of merit and something that the merit system principle should at least cover in

And at OPM, employees are given this little card, and I keep it on my identification card, of the merit system principles and what the violations and what those principles are. So we're all well aware and understand the need to educate and continue to educate the workforce on what these rights are.

The CHAIRMAN. Let me just ask you, Mr. Blair, one final question if I could. What kind of flexibility have you seen within the various agencies where we do have a number of servicemen and women returning who have been disabled. And, obviously, they will make claims, hopefully they'll make claim before the VA for compensation. The number of men and women coming back missing an arm or a leg or both is appalling. And, obviously, it is difficult if their job required a certain skill and capability and they have less than that to give.

When they are reintegrated, how flexible are you finding the agencies to make sure that a job similar of value and compensation is awaiting them upon their return?

Mr. BLAIR. I'm not aware of any specific cases to date, but I will say that there's a Presidential initiative to extend and reach out to people with disabilities, and it has been a priority for us to reach out to veterans groups, and we've been going to VA hospitals. We've been at Walter Reed. Just yesterday we had staff down at the Hampton VA, making sure the veterans that were coming back in were aware of their rights and what they could do.

And so I think you bring up a very important point. Our current laws give disabled veterans a preference in hiring, and that's something that we will continue to uphold and enforce.

The CHAIRMAN. As well as reintegration?

Mr. BLAIR. Pardon?

The CHAIRMAN. Not just in hiring, but also in reintegration? You know, reemployment when they return?

Mr. BLAIR. Exactly.

The CHAIRMAN. If you could be on the lookout for that, because I could see how if someone's capabilities have been so diminished they're getting a 50 percent disability compensation rating, and all of a sudden they find, there's no longer a place for them, that would be appalling. But I thank you for being aware of that.

Mr. BLAIR. Thank you.

The CHAIRMAN. Without any further questions, thank you so much for honorable and very distinguished service.

Mr. BLAIR. Thank you. Appreciate it.

The CHAIRMAN. I'd like to welcome our fourth panel to the witness table, beginning with the Honorable David Iglesias, who is the United States Attorney for the District of New Mexico. Mr. Iglesias has served on active duty as a Navy JAG officer between 1985 and 1988 at the Pentagon and Naval Legal Service Office, Washington, D.C.

Mr. Iglesias is a captain in a Naval reserve JAG Corps and was named Reserve Offices of the Year, U.S. Special Operations Command, 2001.

I also want to observe that Capt. Iglesias is going on duty, tomorrow, and we thank him for his service to the nation in both of his capacities.

We will then hear from Mr. Charles Ciccolella, who is the Deputy Assistant Secretary for Veterans' Employment and Training Service, VETS, in the U.S. Department of Labor. VETS is the agency responsible for helping veterans secure employment and protecting their rights and benefits.

We then will hear from the Honorable Craig W. Duehring, who is the Principal Deputy Assistant Secretary of Defense for Reserve Affairs. As Principal Deputy, he serves as the senior deputy to the Assistant Secretary of Defense for Reserve Affairs in policy development and overall supervision of the reserve forces of the armed forces of the United States.

And finally, we'll hear from Colonel Brarry A. Cox, who is the Director of Ombudsman Services for the National Committee for Employer Support of the Guard and Reserve. Col. Cox holds a Bachelor of Arts degree from the University of Charleston and a Master of Science degree in management.

Capt. Iglesias, if you could begin.

STATEMENTS OF DAVID C. IGLESIAS, UNITED STATES ATTORNEY, DISTRICT OF MEXICO, DEPARTMENT OF JUSTICE; CHARLES CICCOLELLA, DEPUTY ASSISTANT SECRETARY, VETERANS' EMPLOYMENT AND TRAINING SERVICE, DEPARTMENT OF LABOR; CRAIG W. DUEHRING, PRINCIPAL DEPUTY ASSISTANT SECRETARY OF DEFENSE FOR RESERVE AFFAIRS, DEPARTMENT OF DEFENSE; AND COL. BRARRY COX, DIRECTOR, MILITARY MEMBER SUPPORT AND OMBUDSMAN SERVICES, NATIONAL COMMITTEE FOR EMPLOYER SUPPORT OF THE GUARD AND RESERVE

STATEMENT OF DAVID C. IGLESIAS

Mr. IGLESIAS. Thank you very much. Mr. Chairman, Mr. Ranking Member, members of the committee, and a special hello to a former boss of mine, Congressman Tom Udall of New Mexico. I want to thank you for the opportunity to appear and discuss DOJ's representation of servicemembers pursuant to USERRA.

My name is David C. Iglesias, the U.S. Attorney for the District of New Mexico. I'm also a captain in the U.S. Naval Reserve JAG Corps, with four years active duty and 15 years of reserve experi

ence.

I was voluntarily mobilized to Bahrain in the Persian Gulf in late 1999 in support of Operation Southern Watch. In fact, I'll be leaving, as you mentioned, Mr. Chairman, for my two weeks of annual duty tomorrow.

Four members of the eight drilling reservists in my office have been mobilized since 9/11, one stateside, two to Afghanistan and one is on his way to the Persian Gulf. Two of them are still on active duty. USERRA provides the fundamental right to reinstatement to civilian employment following noncareer military service. USERRA also contains broad antidiscrimination laws which prohibits discrimination or acts of reprisal against an employee or prospective employee based on past, current or future military obliga

tions.

This committee's interest in this important area is especially timely in light of the large number of reserve and guard personnel

serving on active duty in Southwest Asia and elsewhere. According to the ESGR, more than 385,000 guard and reserve personnel have been mobilized since 9/11, and as of June 15th of this year, more than 156,000 guard and reserve members are still on active duty. Members of the uniformed services alleging a violation of USERRA may request representation by DOJ, provided that the member first submits a complaint to the Department of Labor's Veterans Employment and Training Service, commonly called VETS, and VETS is unable to successfully resolve it.

Upon the request of a complainant, DOL refers claims to DOJ in two cases. First, where it concludes the claim is meritorious but cannot resolve it administratively; and second, where it determines that the claim lacks merit by the servicemember nevertheless asks that it be referred.

DOJ's Civil Division serves as a gateway for DOL's USERRA referrals. based on its review of the investigative file, DOL memoranda and its own analysis, the Civil Division either forwards the case to a United States Attorney's Office for appropriate action or declines representation and returns the matter to the Labor Department because the claim lacks merit.

When we return a claim, DOL informs the servicemember of our decision against representation, reminds the claimant that he or she remains free to pursue the claim through private counsel.

When the Civil Division refers a claim to a United States Attorney's Office, the United States Attorney assigns the matter to an AUSA or an Assistant U.S. Attorney, who reviews the investigative file, DOL memoranda and then interviews the claimant and potential witnesses. The AUSA may recommend that the United States Attorney decline to represent the servicemember because further review and investigation demonstrates that the claim lacks merit. When representation is provided, the AUSA will typically contact the employer and attempt to resolve the matter without litigation. If this proves impossible, the AUSA will file a complaint against the employer in federal district court.

One type of case is somewhat unusual. That's a suit against the state. Recent case law curtailed employee suits against state governments based on federal law because of immunity provisions in the Eleventh Amendment of the Constitution. That's the Velasquez v. Frapwell case, a 1998 7th Circuit case. In response, Congress amended USERRA in 1998 to allow DOJ to sue states in the name of the United States on behalf of state employees, or in the alternative, USERRA allows a servicemember represented by private counsel to sue in his or her own name in state court in accordance with state law.

The number of USERRA claims DOL referred to DOJ annually has increased approximately 20 percent since 9/11. During fiscal year 2002, DOJ received 52 cases. Fourteen of those were referred to United States Attorneys, 38 returned to DOL because the facts were insufficient for action. During fiscal year 2003, DOJ received 53 cases. Twelve were referred to United States Attorneys, 41 were returned to DOL due to lack of merit. By way of comparison during fiscal years 2001 and 2000, DOJ received 45 and 43 cases, respectively.

Of the 105 cases DOJ received during fiscal years 2002 and 2003, 16, or approximately 15 percent, involved claims against states. DOJ recognizes the important role it plays in enforcing USERRA. We're committed to working closely with DOL in these matters and to representing USERRA claimants vigorously. In addition to promptly processing USERRA referrals, the Civil Division and the United States Attorneys have taken the following steps in this

area:

Several United States Attorneys, including myself, have conducted press conferences, lectured at chambers of commerce meetings, posted web site links to USERRA, written op ed pieces and in general gotten the word out both to the business community and the guard and reserve communities that DOJ is taking this issue seriously.

Second, the most recent addition of DOJ's Federal Civil Practice Manual, which came out in February of 2003, includes a new chapter on USERRA. Approximately four United States Attorneys are drilling reservists. Three more are retired from active duty, the guard and reserve. Several more are prior active duty veterans.

In June of 2003, lawyers from DOJ and DOL presented a Justice Television Network program entitled "A Practical Legal Guide to USERRA for AUSAs.” This was broadcast to all United States Attorneys offices.

In conclusion, Mr. Chairman, I want to thank this committee for protecting the rights of those citizen soldiers, sailors, airmen and marines who fight to protect us. Why do they do it? Author Stephen Ambrose wrote words about World War II GIs which are still true. He wrote: "At the core, American citizen soldiers knew the difference between right and wrong, and they didn't want to live in a world in which wrong prevailed, so they fought and won, and we all of us living and yet to be born must be forever profoundly grateful."

Thank you for this opportunity. I look forward to your questions. [The prepared statement of Captain Iglesias appears on p. 141.] The CHAIRMAN. Capt. Iglesias, thank you so much for your testimony. And if I could just go out of order for one minute. We've been joined by Louise Slaughter, who was scheduled to speak in an earlier panel, the first panel, but business on the floor precluded that. If she could join us now and perhaps make her presentation, and then we'll go right back to Panel 4, if you don't mind.

The podium works, so if you want to go right there, sure.

STATEMENT OF HON. LOUISE M. SLAUGHTER, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW YORK

you

Ms. SLAUGHTER. Thank you. Please excuse me. I really thank for your kindness to let me come late, but there are only three of us on Rules Committee, which was just meeting. This is a very important matter to me, and I really thank you for the opportunity to come before this distinguished group.

I want to talk about H.R. 3779, which is The Safeguarding Schoolchildren of Deployed Soldiers Act. I was pleased to introduce this legislation along with Congresswoman Brown-Waite.

According to the Department of Defense figures, there are currently 200,000 American troops serving in the Middle East, includ