[Congressional Record Volume 144, Number 34 (Tuesday, March 24, 1998)]
[House]
[Pages H1396-H1399]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     USERRA AMENDMENTS ACT OF 1998

  Mr. STUMP. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 3213) to amend title 38, United States Code, to clarify 
enforcement of veterans' employment and reemployment rights with 
respect to a State as an employer or a private employer, to extend 
veterans' employment and reemployment rights to members of the 
uniformed services employed abroad by United States companies, and for 
other purposes, as amended.
  The Clerk read as follows:

                               H.R. 3213

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``USERRA Amendments Act of 
     1998''.

     SEC. 2. ENFORCEMENT OF RIGHTS WITH RESPECT TO A STATE AS AN 
                   EMPLOYER.

       (a) In General.--Section 4323 of title 38, United States 
     Code, is amended to read as follows:

     ``Sec. 4323. Enforcement of rights with respect to a State or 
       private employer

       ``(a) Action for Relief.--(1) A person who receives from 
     the Secretary a notification pursuant to section 4322(e) of 
     this title of an unsuccessful effort to resolve a complaint 
     relating to a State (as an employer) or a private employer 
     may request that the Secretary refer the complaint to the 
     Attorney General. If the Attorney General is reasonably 
     satisfied that the person on whose behalf the complaint is 
     referred is entitled to the rights or benefits sought, the 
     Attorney General may appear on behalf of, and act as attorney 
     for, the person on whose behalf the complaint is submitted 
     and commence an action for relief under this chapter for such 
     person. In the case of such an action against a State (as an 
     employer), the action shall be brought in the name of the 
     United States as the plaintiff in the action.
       ``(2) A person may commence an action for relief with 
     respect to a complaint against a State (as an employer) or a 
     private employer if the person--
       ``(A) has chosen not to apply to the Secretary for 
     assistance under section 4322(a) of this title;
       ``(B) has chosen not to request that the Secretary refer 
     the complaint to the Attorney General under paragraph (1); or
       ``(C) has been refused representation by the Attorney 
     General with respect to the complaint under such paragraph.
       ``(b) Jurisdiction.--(1) In the case of an action against a 
     State (as an employer) or a private employer commenced by the 
     United States, the district courts of the United States shall 
     have jurisdiction over the action.
       ``(2) In the case of an action against a State (as an 
     employer) by a person, the action may be brought in a State 
     court of competent jurisdiction in accordance with the laws 
     of the State.
       ``(3) In the case of an action against a private employer 
     by a person, the district courts of the United States shall 
     have jurisdiction of the action.
       ``(c) Venue.--(1) In the case of an action by the United 
     States against a State (as an employer), the action may 
     proceed in the United States district court for any district 
     in which the State exercises any authority or carries out any 
     function.
       ``(2) In the case of an action against a private employer, 
     the action may proceed in the United States district court 
     for any district in which the private employer of the person 
     maintains a place of business.
       ``(d) Remedies.--(1) In any action under this section, the 
     court may award relief as follows:
       ``(A) The court may require the employer to comply with the 
     provisions of this chapter.
       ``(B) The court may require the employer to compensate the 
     person for any loss of wages or benefits suffered by reason 
     of such employer's failure to comply with the provisions of 
     this chapter.
       ``(C) The court may require the employer to pay the person 
     an amount equal to the amount referred to in subparagraph (B) 
     as liquidated damages, if the court determines that the 
     employer's failure to comply with the provisions of this 
     chapter was willful.
       ``(2)(A) Any compensation awarded under subparagraph (B) or 
     (C) of paragraph (1) shall be in addition to, and shall not 
     diminish, any of the other rights and benefits provided for 
     under this chapter.
       ``(B) In the case of an action commenced in the name of the 
     United States for which the relief includes compensation 
     awarded under subparagraph (B) or (C) of paragraph (1), such 
     compensation shall be held in a special deposit account and 
     shall be paid, on order of the Attorney General, directly to 
     the person. If the compensation is not paid to the person 
     because of inability to do so within a period of three years, 
     the compensation shall be covered into the Treasury of the 
     United States as miscellaneous receipts.
       ``(3) A State shall be subject to the same remedies, 
     including prejudgment interest, as may be imposed upon any 
     private employer under this section.
       ``(e) Equity Powers.--The court may use its full equity 
     powers, including temporary or permanent injunctions, 
     temporary restraining orders, and contempt orders, to 
     vindicate fully the rights or benefits of persons under this 
     chapter.
       ``(f) Standing.--An action under this chapter may be 
     initiated only by a person claiming rights or benefits under 
     this chapter under subsection (a) or by the United States 
     under subsection (a)(1).
       ``(g) Respondent.--In any action under this chapter, only 
     an employer or a potential employer, as the case may be, 
     shall be a necessary party respondent.
       ``(h) Fees, Court Costs.--(1) No fees or court costs may be 
     charged or taxed against any person claiming rights under 
     this chapter.
       ``(2) In any action or proceeding to enforce a provision of 
     this chapter by a person under subsection (a)(2) who obtained 
     private counsel for such action or proceeding, the court may 
     award any such person who prevails in

[[Page H1397]]

     such action or proceeding reasonable attorney fees, expert 
     witness fees, and other litigation expenses.
       ``(i) Inapplicability of State Statute of Limitations.--No 
     State statute of limitations shall apply to any proceeding 
     under this chapter.
       ``(j) Definition.--In this section, the term `private 
     employer' includes a political subdivision of a State.''.
       (b) Effective Date.--(1) Section 4323 of title 38, United 
     States Code, as amended by subsection (a), shall apply to 
     actions commenced under chapter 43 of such title on or after 
     the date of the enactment of this Act, and shall apply to 
     actions commenced under such chapter before the date of the 
     enactment of this Act that are not final on the date of the 
     enactment of this Act, without regard to when the cause of 
     action accrued.
       (2) In the case of any such action against a State (as an 
     employer) in which a person, on the day before the date of 
     the enactment of this Act, is represented by the Attorney 
     General under section 4323(a)(1) of such title as in effect 
     on such day, the court shall upon motion of the Attorney 
     General, substitute the United States as the plaintiff in the 
     action pursuant to such section as amended by subsection (a).

     SEC. 3. PROTECTION OF EXTRATERRITORIAL EMPLOYMENT AND 
                   REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED 
                   SERVICES.

       (a) Definition of Employee.--Section 4303(3) of title 38, 
     United States Code, is amended by adding at the end the 
     following: ``Such term includes any person who is a citizen, 
     national, or permanent resident alien of the United States 
     employed in a workplace in a foreign country by an employer 
     that is an entity incorporated or otherwise organized in the 
     United States or that is controlled by an entity organized in 
     the United States, within the meaning of section 4319(c) of 
     this title.''.
       (b) Foreign Countries.--Subchapter II of chapter 43 of such 
     title is amended by inserting after section 4318 the 
     following new section:

     ``Sec. 4319. Employment and reemployment rights in foreign 
       countries

       ``(a) Liability of Controlling U.S. Employer of Foreign 
     Entity.--If an employer controls an entity that is 
     incorporated or otherwise organized in a foreign country, any 
     denial of employment, reemployment, or benefit by such entity 
     shall be presumed to be by such employer.
       ``(b) Inapplicability to Foreign Employer.--This subchapter 
     does not apply to foreign operations of an employer that is a 
     foreign person not controlled by an United States employer.
       ``(c) Determination of Controlling Employer.--For the 
     purpose of this section, the determination of whether an 
     employer controls an entity shall be based upon the 
     interrelations of operations, common management, centralized 
     control of labor relations, and common ownership or financial 
     control of the employer and the entity.
       ``(d) Exemption.--Notwithstanding any other provision of 
     this subchapter, an employer, or an entity controlled by an 
     employer, may--
       ``(1) discriminate within the meaning of section 4311 of 
     this title;
       ``(2) deny reemployment rights within the meaning of 
     section 4312, 4313, 4314, or 4315 of this title; or
       ``(3) deny benefits within the meaning of section 4316, 
     4317, or 4318 of this title,
     with respect to an employee in a workplace in a foreign 
     country, if compliance with any such section would cause such 
     employer, or such entity controlled by an employer, to 
     violate the law of the foreign country in which the workplace 
     is located.''.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of chapter 43 of such title is amended by inserting 
     after the item relating to section 4318 the following new 
     item:

``4319. Employment and reemployment rights in foreign countries.''.

       (d) Effective Date.--The amendments made by this section 
     shall apply only with respect to conduct occurring after the 
     date of the enactment of this Act.

     SEC. 4. COMPLAINTS RELATING TO REEMPLOYMENT OF MEMBERS OF THE 
                   UNIFORMED SERVICES IN FEDERAL SERVICE.

       (a) In General.--The first sentence of paragraph (1) of 
     section 4324(c) of title 38, United States Code, is amended 
     by inserting before the period at the end the following: ``, 
     without regard as to whether the complaint accrued before, 
     on, or after October 13, 1994''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to all complaints filed with the Merit Systems 
     Protection Board on or after October 13, 1994.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Arizona (Mr. Stump) and the gentleman from Illinois (Mr. Evans) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Arizona (Mr. Stump).
  (Mr. STUMP asked and was given permission to revise and extend his 
remarks.)


                             General Leave

  Mr. STUMP. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
on H.R. 3213.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Arizona?
  There was no objection.
  Mr. STUMP. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 3213 clarifies enforcement of the Uniformed 
Services Employment and Reemployment Rights Act with respect to State 
governments. It would also include U.S. employers in foreign countries 
under the provisions of this act. Many committee members from both 
sides of the aisle contributed to this bill and their efforts are 
appreciated.
  Mr. Speaker, I reserve the balance of my time.
  Mr. EVANS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I wish to thank the chairman of the full committee for 
his bipartisan work again on this important bill to restore and 
strengthen the employment and reemployment rights of those who have 
served in our country's Armed Forces.
  I also want to thank the gentleman from California (Mr. Filner), the 
ranking member of the Subcommittee on Benefits, for introducing this 
legislation last year. The bill brought to our attention the need to 
restore the employment and reemployment rights of State employees 
following a 1996 subcommittee decision that had the effect of 
terminating their rights.
  I also want to thank the gentleman from New York (Mr. Quinn), 
chairman of the subcommittee, for introducing this bill before us 
today, H.R. 3213, which incorporates several important provisions to 
protect the rights of our servicemembers. Federal law must assure that 
the appropriate remedies are available when violations of employment or 
reemployment rights to servicemembers threaten our Nation's ability to 
obtain and attract a strong military force.
  Federal law protecting employment and reemployment rights for 
servicemembers has been in effect since the days before World War II. 
By passing this bill, we are fulfilling our duty to provide for the 
common defense of our Nation. With the need to utilize the resources of 
the National Guard and Reserves to meet our Total Force military 
responsibilities, it is essential that those who volunteer to serve our 
country be protected by adequate safeguards of their right to obtain 
and retain suitable civilian employment.
  I want to thank my colleagues again, especially the gentleman from 
New York (Mr. Quinn), the gentleman from California (Mr. Filner), and 
the chairman for their hard work that they put in in bringing this bill 
to the floor today.
  Mr. Speaker, I wish to thank the Chairman of the Full Committee for 
his bipartisan work on this important bill to restore and strengthen 
the employment and re-employment rights of those who have served our 
country in the Armed Forces. I wish to thank the Ranking Democratic 
Member of the Subcommittee on Benefits, Mr. Filner for introducing H.R. 
166 last year. This bill brought to our attention the need to restore 
the employment and re-employment rights of State employees following a 
1996 Subcommittee decision that had the effect of terminating their 
rights.
  I also wish to thank the Chairman of the Subcommittee on Benefits, 
Mr. Quinn for introducing the bill before us, H.R. 3213, which 
incorporates several important provisions to protect the rights of our 
servicemembers. Federal law must assure that appropriate remedies are 
available when violations of the employment or re-employment rights of 
servicemembers threaten our nation's ability to attain and maintain a 
strong military force.
  This bill will correct several deficiencies in present law. 
Specifically, this bill will provide remedies for violations of 
employment and re-employment rights of servicemembers by:
  Providing the federal government with a means of enforcing 
servicemembers' employment and re-employment rights in federal court;
  Providing a remedy for servicemembers who are employed in foreign 
lands by United States corporations; and
  Providing for review of certain complaints involving violation of 
servicemembers' rights by federal employers.
  The need for this legislation became apparent after the Supreme 
Court's 1996 ruling in Seminole Tribe of Florida v. Florida, 116 S. Ct. 
1114, that Congress was precluded by the Eleventh amendment from 
providing a federal forum for suits under laws enacted pursuant to

[[Page H1398]]

the Commerce Clause of the United States Constitution. Although the 
authority for laws involving veterans benefits is derived from the War 
Powers clause, several courts have held the reasoning of the Seminole 
Tribe case precludes federal court jurisdiction of claims to enforce 
federal rights of State employees under the Uniformed Service 
Employment and Re-employment Rights Act (USERRA).
  Federal law protecting employment and re-employment rights of 
servicemembers has been in effect since 1940. No claim of Eleventh 
amendment immunity from suit to enforce those rights in federal court 
had been granted until after the Supreme Court's Seminole Tribe 
decision. Several courts have now ruled that the Eleventh amendment 
bars suit to enforce the present law governing the employment and re-
employment rights of State employees.
  By passing this bill, we are fulfilling our Constitutional duty to 
``provide for the common Defence'' of our nation. With the need to 
utilize the resources of the National Guard and Reserves to meet our 
Total Force military responsibilities, it is essential that those who 
volunteer to serve our country be protected by adequate safeguards of 
their right to obtain and retain suitable civilian employment.
  The United States has a strong national interest in assuring that its 
military readiness will not be undermined by policies and practices 
which can deter competent and qualified citizens from military service, 
including the Guard and Reserve. This bill assures that the federal 
government's interest in protecting the employment and re-employment 
rights of our military personnel can be fully exercised in those cases 
where the employer is a State government. The ability of the United 
States to attract and retain the competent and qualified personnel 
necessary to meet our national security interests will be undermined 
absent a remedy which the federal government can pursue for egregious 
violations of veterans' rights.
  This bill would permit the United States to bring such an action, 
thereby protecting the federal government's responsibility to provide 
for the national defense.
  In addition, this bill extends the protection of employment and re-
employment rights to veterans who are employed in foreign lands by 
United States corporations. In EEOC v. Arabian American Oil Co., 111 S. 
Ct. 1227 (1991), the Supreme Court considered the issue of the 
extraterritorial application of Title VII of the Civil Rights Act of 
1964 and held that there is a presumption against such application of 
U.S. laws. The Court also noted that the presumption can be overcome by 
a clear expression of congressional intent to apply a particular 
statute outside the United States. This clear expression is desirable 
in order to fully apply the universal coverage principle that has been 
inherent in veterans' employment and re-employment rights since the 
law's inception.
  Finally the bill provides specific authority to the Federal Merit 
Protection Board to hear certain complaints involving federal 
employers, regardless of when the complaint arose. The basis for this 
change is the case of Monsivais v. Department of Justice (Three Rivers 
Bureau of Prisons). Mr. Monsivais had been charged with being absent 
from work without leave due to his participation in required military 
training after the Bureau of Prisons had refused his request for a 
military leave of absence. On March 17, 1997, the Office of the Special 
Counsel determined that even though the Bureau of Prison's alleged 
violations were prohibited under the prior version of the law, the 
Veteran's Reemployment Rights Act (VRRA), it was unable to represent 
Mr. Monsivais because the alleged violation of the law arose under the 
statute which preceded the enactment of USERRA on October 13, 1994. 
Because the VRRA did not provide for enforcement by the Office of the 
Special Counsel, there was no forum to address this violation. The 
provisions of this bill will allow for representation by the Office of 
the Special Counsel of persons before the Merit Systems Protection 
Board for pre-USERRA causes of action which are alleged to be 
violations of the VRRA statute. Jurisdiction of the Merit Systems 
Protection Board is extended to all claims filed with the Board after 
October 13, 1994 regardless of whether the action complained of 
occurred before, on, or after that date.
  I thank my colleagues, especially Mr. Quinn, Chairman of the 
Subcommittee on Benefits and Mr. Filner the Ranking Member of that 
subcommittee for their hard work in bringing this bill to the floor and 
recommend its passage.
  Mr. Speaker, I reserve the balance of my time.
  Mr. STUMP. Mr. Speaker, I yield such time as he may consume to the 
gentleman from New York (Mr. Quinn), the chairman of the Subcommittee 
on Benefits, for further explanation of H.R. 3213.
  Mr. QUINN. Mr. Speaker, for the record, I just want to mention that 
USERRA, the Uniformed Services Employment and Reemployment Rights Act, 
is the continuation of policy which was originally enacted in 1940 
Public Law 76-96. Its purpose is to provide persons who serve for a 
limited period in the U.S. Armed Forces the right to return to civilian 
employment. This law applies to all employers, regardless of their 
size. It is particularly important today to persons serving in the 
Guard and Reserve.
  This bill would substitute the United States for an individual 
veteran as the plaintiff in enforcement actions in cases where the 
Attorney General believes that a State has not complied with USERRA. 
Since the Attorney General, through U.S. Attorneys, is already involved 
in enforcing this law, this will not impose any new duties on the 
Department of Justice. Individuals not represented by the Attorney 
General would be able to bring enforcement actions in State court.
  The bill also makes a technical change to USERRA suggested by the 
Department of Labor concerning overseas employees of U.S. companies and 
another needed change affecting Federal employee enforcement rights 
that was discovered as a result of hearings held some 2 years ago.
  In summary, Mr. Speaker, we are looking at State employees to be 
granted the same rights under USERRA as any other veteran or member of 
the Guard and Reserve who works in the private sector or the Federal 
Government.
  I want to suggest to our colleagues that we support 3213. And 
finally, as others have, thanks to the ranking member of the committee, 
the gentleman from California (Mr. Filner); of course, the gentleman 
from Illinois (Mr. Evans), the ranking member of the full committee; 
and the gentleman from Arizona (Mr. Stump), the chairman, for their 
cooperation with the subcommittee in bringing the hearings together and 
also in bringing the bill to the floor today.
  Mr. EVANS. Mr. Speaker, I yield 3 minutes to the gentleman from 
California (Mr. Filner).
  Mr. FILNER. Mr. Speaker, I thank the gentleman for yielding me the 
time; and I thank the gentleman from New York (Mr. Quinn) for working 
so closely with the members of the subcommittee to make sure that after 
the problem was identified, we came up with the consensus rather 
quickly to solve it for the men and women in our armed forces.
  Mr. Speaker, I am pleased also to be an original cosponsor of H.R. 
3213, what we call the USERRA Amendments Act of 1998. The measure is 
similar to H.R. 166, the Veterans' Job Protection Act that I introduced 
at the beginning of this Congress. It was clear to me that the 1996 
Supreme Court decision that was referred to by Chairman Quinn would 
adversely affect members of the uniformed services employed by State 
governments and that legislation would be required to fix the problem.
  H.R. 3213 will accomplish this goal and restore the employment and 
reemployment protections that have been provided for over 50 years to 
State employees who are also citizen-soldiers. There have already been 
at least two court decisions that rule against the veterans involved, 
so I am pleased that the House is now acting on this matter.
  Mr. Speaker, since colonial days, the citizen-soldier has been one of 
America's oldest and most venerated military traditions; and members of 
the Reserve and National Guard are a critical component of our national 
defense. Since the adoption of the Total Force Policy in 1973, which 
recognized that all of America's military should be readily available 
to provide for the common defense, these men and women have been tasked 
with greater responsibility for nearly every phase of military 
preparedness.

                              {time}  1515

  We all remember the crucial role members of the Guard and Reserves 
played in the successful conduct of the Persian Gulf War and the 
sacrifices these individuals made to serve their country. Literally 
hundreds of thousands of our citizen soldiers, many with little more 
than 48 hours' notice, left their families and their jobs to answer 
their country's call to arms. Because the law protects veterans' 
reemployment rights, these brave men and women were able to contribute 
enormously to the Gulf War effort with the

[[Page H1399]]

assurance that their civilian employment would be available to them 
following their military service.
  Mr. Speaker, as a result of the Supreme Court decision in 1996, 
members of the Guard and Reserves who are State employees were no 
longer to have that job protection provided for all other members of 
the uniformed services. The enactment of H.R. 3213 will restore this 
very important protection. I urge all my colleagues to support this 
legislation.
  Mr. STUMP. Mr. Speaker, I yield 2 minutes to the gentleman from New 
York (Mr. Quinn), the chairman of the Subcommittee on Benefits.
  Mr. QUINN. Mr. Speaker, I appreciate the gentleman yielding me this 
time to sort of speak a little bit out of turn, not on the topic of 
this bill but there is another bill that we were going to discuss today 
and we have not included it. That is H.R. 3039, the bill we call the 
Veterans Transitional Housing bill. We are not dealing with it today 
and will not until later this year because the Committee on the Budget 
has asked for more time to review the bill, which makes sense to me.
  Mr. Speaker, we said in both the hearing which we held here in 
Washington and in a hearing held in Buffalo, New York late last year 
that a lot of Americans, indeed a lot of veterans are not aware that of 
all the homeless people in this country, fully one-third of them are 
veterans, people who have served their country at various points in our 
history and in their past. As we try to do whatever we can to bring 
services together to deal with this homelessness, particularly as it 
deals with veterans, there are a number of other Members here and 
certainly those on the committee who are concerned that this 
transitional housing bill, H.R. 3039, does come up later this year, 
possibly in May or June. I want to make certain the Committee on the 
Budget knows we will be working with them in every way possible to 
bring the bill up later this year.
  Mr. EVANS. Mr. Speaker, I yield 3 minutes to the gentleman from Texas 
(Mr. Rodriguez), a very able member of our committee.
  Mr. RODRIGUEZ. Mr. Speaker, I rise in strong support of this bill 
which would advance the protections of the landmark Uniformed Services 
Employment and Reemployment Rights Act. Since 1940, USERRA has been the 
source of employment protection and remedies for veterans and 
reservists against all employers, government and private. Veterans and 
members of the armed services have had to fight for some of these 
rights in the courts. This bill addresses the problems which employees 
have faced against individual State employers and U.S. employers which 
control a foreign entity. I wish to focus on the provisions of H.R. 
3213, which would expand veterans and uniformed service employment 
rights to employees in a foreign country working for an entity 
controlled by a U.S. company. Let me give my colleagues an example. We 
have individuals in the maquiladoras right across the border in Mexico. 
If they are called into the service of this country, we want to make 
sure that those individuals will be able to keep their jobs when they 
return. This bill provides that if a U.S. employer controls that 
overseas entity where the reservist works, then any denial of 
employment, reemployment or benefits by that foreign entity will be 
actionable against the U.S. employer. Foreign countries should not 
worry about this law imposing on their sovereignty, since the bill 
specifically does not apply when employer compliance would violate the 
law of the foreign country in which the workplace is located.
  Mr. Speaker, I also would add that every effort needs to be made to 
assure that these individuals that have given of themselves and that 
are called to defend this country and called to serve this country, to 
make sure when they get back that that particular job is there waiting 
for them. I welcome this legislation and commend the House for its 
swift passage. I want to thank both the chairman and the ranking member 
of the committee for their work on this measure.
  Mr. EVANS. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. STUMP. Mr. Speaker, I yield myself such time as I may consume. 
Once again I would like to thank the gentleman from New York (Mr. 
Quinn) and the gentleman from California (Mr. Filner), chairman and 
ranking member of the Subcommittee on Benefits as well as the gentleman 
from Illinois (Mr. Evans), the ranking Democrat on the full committee 
for all their contributions to this bill. Once again this is a 
bipartisan bill. I urge all Members to support it.
  Mr. GILMAN. Mr. Speaker, I rise today in strong support of H.R. 3213, 
a bill to clarify the enforcement of veterran's employment rights. This 
legislation clarifies the enforcement of veteran's employment rights in 
regards to state employers and extends these rights to veterans 
employed overseas by American companies.
  More specifically, this bill makes certain procedural changes to the 
enforcement of the Uniformed Services Employment and Reemployment 
Rights Act (USERRA) in response to a 1996 Supreme Court decision which 
held that the 11th amendment precluded congressionally authorized suits 
by private parties against nonconsenting states.
  In response to this decision, this bill substitutes the United States 
for an individual veteran as the plaintiff in enforcement actions in 
cases where the attorney general believes that a state has not complied 
with USERRA law.
  Furthermore, this bill applies USERRA law to U.S. employers in 
foreign countries. It does allow an exception when employer compliance 
would violate the law of the country where the workplace is located. It 
also requires direct payment of any claim compensation which is 
considered lost wages, benefits, or liquidated damages and clarifies 
that the merit systems protection board has jurisdiction to hear 
complaints brought by federal employees without regard to when the 
complaint was filed.
  Mr. Speaker, one of the most important benefits to those who serve in 
our nation's military is veterans preference in future employment once 
they have left the armed forces. This legislation helps make this 
benefit more available to our veterans, who have earned it through 
their service to their country.
  I urge my colleagues to join in supporting this worthwhile measure.
  Mr. STUMP. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Foley). The question is on the motion 
offered by the gentleman from Arizona (Mr. Stump) that the House 
suspend the rules and pass the bill, H.R. 3213, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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