[Congressional Record (Bound Edition), Volume 156 (2010), Part 4]
[House]
[Pages 4515-4516]
[From the U.S. Government Publishing Office, www.gpo.gov]




            NATIONAL GUARD EMPLOYMENT PROTECTION ACT OF 2010

  Mr. FILNER. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 1879) to amend title 38, United States Code, to provide for 
employment and reemployment rights for certain individuals ordered to 
full-time National Guard duty, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1879

       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 ``National Guard Employment 
     Protection Act of 2010''.

     SEC. 2. REEMPLOYMENT RIGHTS FOLLOWING CERTAIN NATIONAL GUARD 
                   DUTY.

       (a) Reemployment Rights.--Section 4312(c)(4) of title 38, 
     United States Code, is amended--
       (1) by striking ``or'' at the end of subparagraph (D);
       (2) by striking the period at the end of subparagraph (E) 
     and inserting ``; or''; and
       (3) by adding at the end the following new subparagraph:
       ``(F) ordered to full-time National Guard duty under the 
     provisions of section 502(f) of title 32 when the period of 
     duty is expressly designated in writing by the Secretary of 
     Defense as covered by this subparagraph.''.
       (b) Effective Date.--Subparagraph (F) of section 4312(c)(4) 
     of title 38, United States Code, as added by subsection (a), 
     shall apply with respect to an individual ordered to full-
     time National Guard duty under section 502(f) of title 32, 
     United States Code, on or after September 11, 2001, and shall 
     entitle such individual to rights and benefits under chapter 
     43 of title 38 of such Code on or after that date.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Filner) and the gentleman from Florida (Mr. Stearns) 
each will control 20 minutes.
  The Chair recognizes the gentleman from California.
  Mr. FILNER. Madam Speaker, I yield myself such time as I may consume.
  I would like to thank Congressman Mike Coffman of Colorado who is 
here with us for introducing the National Guard Employment Protection 
Act of 2010. One of the protections provided by the Uniformed Services 
Employment and Reemployment Rights Act, or USERRA, is to require 
employers to support a servicemember's absence for up to 5 years if 
called to active military duty. At the time when USERRA was enacted 
into law back in 1994, Congress intended to minimize the disruption to 
the lives of servicemembers as well as to their employers and prohibit 
discrimination against persons because of their service in the 
military.
  Unfortunately, current statute does not provide National Guard 
members who are ordered to full-time active duty with the same 
protections. This is especially disheartening at a time when our Guard 
is called up to active duty in support of missions to secure the 
homeland or provide relief abroad. And of course since 9/11, the Guard 
has been doing almost half of the fighting in Iraq and Afghanistan. 
Many of them are bumping against the 5-year USERRA protection for their 
civilian jobs, and H.R. 1879 seeks to address this inequity and extend 
reemployment rights for those ordered to full-time National Guard duty.
  Congressman Harry Teague of New Mexico worked with Congressman 
Coffman to add a provision to allow the Secretary of Defense to 
designate which duties qualify. So I would like to thank the gentleman 
from Colorado and the gentleman from New Mexico for their bipartisan 
efforts on this important bill. It is time, Madam Speaker, that 
Congress ensures that members of the National Guard are afforded the 
employment protections they deserve. I urge all my colleagues to join 
me in support of this legislation.
  I reserve the balance of my time.
  Mr. STEARNS. Madam Speaker, I rise in support of H.R. 1879, as 
amended.
  This bill amends title 38 United States Code to provide for 
employment and reemployment rights for certain individuals ordered to 
full-time National Guard duty. Madam Speaker, it's well known that the 
National Guard and Reserve units have carried a

[[Page 4516]]

significant load in the wars in Iraq and Afghanistan. Many of these 
units have served multiple combat tours, and others have provided 
homeland security services, such as maintaining an airborne alert here 
in the D.C. area. Additionally, Guard units have performed heroically 
at times when natural disasters like Hurricane Katrina devastated New 
Orleans.
  As a result of these demands, many of the members of the Guard have 
accumulated significant active duty time and are now in danger of 
exceeding the 5-year limit on active duty that is protected under the 
Uniform Services Employment and Reemployment Rights Act, or USERRA. So 
I'm pleased that our colleague Mike Coffman from Colorado has taken the 
action to recognize that active duty performed under title 32 should be 
added to the types of duties exempted from the 5-year limit. I also 
thank Chairman Herseth Sandlin and Ranking Member Boozman of the 
Subcommittee on Economic Opportunity for their bipartisan work, as well 
as Chairman Filner for bringing this bill to the floor.
  With that, Madam Speaker, I yield such time as he may consume to Mr. 
Coffman, a fellow veteran who served in the Army and the Marines in the 
first gulf war and second gulf war in Iraq.
  Mr. COFFMAN of Colorado. I thank the gentleman from Florida.
  Madam Speaker, I am proud to stand before you today in strong support 
of H.R. 1879, the National Guard Employment Protection Act. I created 
this legislation in order to extend the same reemployment rights for 
all of our National Guard personnel regardless of whether they are 
assigned to a homeland security mission or deployed overseas to Iraq or 
Afghanistan. Under current law, the members of the National Guard who 
are called up for active duty in support of homeland security missions 
inside the United States are not provided the same reemployment rights 
to their civilian occupations that other members of the National Guard 
and Reserve have when they are called to active duty for overseas 
military assignments.
  There is no doubt that the soldiers and the airmen serving in the 
National Guard must have the same reemployment rights irrespective of 
where they are ordered to serve. The bill recognizes that those who are 
called up for homeland security missions can face the same hardships 
and challenges in trying to return to their civilian employment as 
someone who has been away from their civilian occupation due to an 
overseas military assignment.
  With the passage of H.R. 1879, National Guard members will no longer 
have to worry about being put into a position where they are forced to 
choose between retaining their civilian employment or serving our 
Nation in a critical homeland security mission.
  Mr. STEARNS. Madam Speaker, I urge my colleagues to support H.R. 
1879, as amended, the National Guard Employment Protection Act of 2010.
  I have no further requests for time, so I yield back the balance of 
my time.


                             General Leave

  Mr. FILNER. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on H.R. 1879, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Ms. JACKSON LEE of Texas. Madam Speaker, I rise in support of H.R. 
1879, ``National Guard Employment Protection Act,'' a bill that amends 
title 38, United States Code, to provide for employment and 
reemployment rights for certain individuals ordered to full-time 
National Guard duty.
  In these challenging economic times, with returning veterans 
experiencing unemployment rates in the double digits, we must do more 
to provide for our veterans' basic needs. This legislation shows that 
the U.S. is grateful for our veterans' service. Just as the military 
pledges to leave no soldier behind on the battlefield, this nation will 
leave no veteran behind when they come home.
  National Guard is America's oldest armed force--dating back to 1636--
and the only branch that serves both the Federal and State governments. 
The Guard answers to both the president of the United States and the 
governors of their respective states and territories. This means that 
the National Guard can be mobilized any time natural disasters or other 
emergencies occur within America's borders, and also serve alongside 
U.S. combat forces in other parts of the world.
  The Guard's roots go back to North America's earliest colonial 
militias: farmers, shopkeepers and everyday citizens willing to put 
their lives on hold and pick up their weapons to defend their 
communities and their country. Today, Citizen-Soldiers live, work and 
go to school in cities and towns all across America and its 
territories. And just as they have for over 370 years, the men and 
women of the National Guard are trained, willing and proud to assist 
their neighbors during emergencies, and to protect their nation 
whenever they are called.
  This bill allows us to show our appreciation and honor the service of 
veterans who have served in the National Guard. These veterans have 
given great contributions and made incredible personal sacrifices so 
that all of us in this country might live in a safe and secure nation 
and world.
  Madam Speaker, whether it is the ultimate sacrifice of life or the 
loss of limb or the loss of time with family and friends, we owe our 
veterans an enormous outstanding debt of gratitude. The debt of 
gratitude we owe to the soldiers, sailors, marines, and airmen who 
answered their nation's call and made supreme sacrifices can never be 
repaid. But the nation can follow President Lincoln's admonition to 
`care for him who has borne the battle, and for his [family].' Indeed, 
it is the least we can do.
  It is out of my profound respect and gratitude for all who wear and 
have worn the uniform of the United States that I continue to work so 
to support legislation that will ensure that veterans receive the 
health care, job opportunities, housing assistance, and educational 
benefits they deserve. As their slogan says, ``Always ready, always 
there. That is the National Guard.'' Now, it is time for us to be there 
for them.
  Madam Speaker, I am honored to express my strong support for this 
bill and I urge my colleagues to join me in doing what is only right--
taking care of and honoring our heroes who serve to protect us.
  Mr. FILNER. I want to urge everybody to support this important 
legislation.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Filner) that the House suspend the rules 
and pass the bill, H.R. 1879, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. FILNER. Madam Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

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