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PROTECTING THE RIGHTS OF THOSE WHO PRO-
TECT US: PUBLIC SECTOR COMPLIANCE WITH
Printed for the use of the Committee on Veterans' Affairs
Serial No. 108–46
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 2005
For sale by the Superintendent of Documents, U.S. Government Printing Office
Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402-0001
COMMITTEE ON VETERANS AFFAIRS
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
STEPHANIE HERSETH, South Dakota
Blair, Dan J., Deputy Director, Office of Personnel Management, accompanied
by Michael Mahoney, Staffing Group Manager, Office of Personnel Manage-
Prepared statement of Mr. Blair
Prepared statement of Mr. Bloch
Prepared statement of Congressman Bradley
Prepared statement of Congresswoman Brown-Waite
Ciccolella, Charles, Deputy Assistant Secretary, Veterans' Employment and
Prepared statement of Mr. Ciccolella
Prepared statement of Colonel Cox
Kaplan, Judithe Hanover, Former Colonel, U.S. Air Force Reserve
Prepared statement of Dr. Kaplan
Prepared statement of Ms. Kimmel
Moakler, Kathleen B., Deputy Director, Government Relations, The National
Prepared statement of Ms. Moakler
Prepared statement of Colonel Norton
Prepared statement of Lieutenant Governor Quinn, with attachments
Prepared statement of Ms. Saunders
H.R. 4477, a bill to amend the Uniform Services Employment and Reem-
“Veterans' Employment Audit Report,” prepared by Office of Personnel
Management, June 2004, submitted by Mr. Bloch
PROTECTING THE RIGHTS OF THOSE WHO
THE SERVICEMEMBERS CIVIL RELIEF ACT
Wednesday, June 23, 2004
U.S. HOUSE OF REPRESENTATIVES,
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 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.