Madam Chairwoman Herseth Sandlin, Ranking Member Boozman, and distinguished members of the Subcommittee:

Thank you for the opportunity to discuss employment and reemployment concerns resulting from deployments and multiple deployments of Active and Reserve Forces. 

The mission of the Veterans Employment and Training Service (VETS) is to provide veterans and transitioning service members with the resources and services to succeed in the 21st century workforce. One of the most important ways that we meet that mission is by providing employment protections for service members as well as National Guard (NG) and Reserve Component (RC) members through the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).  

Congress enacted USERRA to protect the employment rights of the men and women who leave their jobs while serving as members of our active military, National Guard and Reserve.  USERRA authorizes the Secretary of Labor (in consultation with the Secretary of Defense) to prescribe rules implementing the law as it applies to private, state and local employers.  On December 19, 2005, VETS issued regulations to implement USERRA as it relates to those covered employers.  These milestone regulations established the rules these covered employers must follow as well as spell out the legal rights for eligible service members.

Since the onset of military operations in Afghanistan and Iraq, over 1.6 million members of the active duty military have served in these two theaters.  In addition, many of the nation’s National Guard units and Reservists have also been called to active duty in support of the Global War on Terror and have served in these theaters or elsewhere.

In fact, the Department of Defense (DoD) reports that over 600,000 National Guard and Reserve mobilizations have occurred since September 11, 2001.  This represents the largest deployment of the National Guard in the past half century.

What Returning Veterans Face When They Come Home

These deployments create significant challenges for service members and their families.  Many members of the National Guard and Reserve are married and employed.  Long tours of duty overseas interrupt their normal roles as workers, parents and members of the community.  Lengthy tours of duty also challenge employers as they deal with these absences and with the reintegration of service members back into the workforce. In addition, some National Guard and Reserve members are self-employed or own a small business.  Extended deployments may mean they face special problems, including economic losses or other adverse effects.

To put this into perspective, each year, nearly 320,000 military members return to civilian status—either through retirement, voluntary separation from active duty, demobilization or discharge from the National Guard or Reserve, or as a result of a discharge due to disability.

Service Members Need Good Information and Assistance When They Return to Their Civilian Lives and Jobs

Service members transitioning to civilian life from active duty must have good information as well as the tools and skills to enable a smooth transition back to civilian life.  This information and assistance comes from many sources.

DoD and each of the military services strive to assist service members as they separate from active duty or demobilize and return to their civilian life and jobs.  Active duty members participate in formal separation counseling and transition assistance programs when they are preparing for discharge.  National Guard and Reserve commanders provide information and assistance to their members when they demobilize, so their members know how and where they can receive help if they need it. States also assist.  Most states have created programs to increase public support and awareness of returning service members.  Services include outreach and family support activities, financial assistance such as emergency funds, educational assistance, mental health and other comprehensive services and assistance to augment the services provided by the federal government, including the Transition Assistance Program (TAP).  TAP consists of comprehensive three-day workshops which are provided at selected military installations nationwide. Workshop attendees learn about job searches, career decision-making, current occupational and labor market conditions, and resume and cover letter preparation and interviewing techniques. Participants also are provided with an evaluation of their employability relative to the job market and receive information on the most current veterans’ benefits.  DOL has also offered to provide TAP employment workshops to returning National Guard and Reserve members.  

Protecting Service Members’ Employment

One of our Department’s top priorities is protecting our military members’ jobs when they’re called up to serve.  We work hand in hand with DoD and Justice (DOJ), and the Office of Special Counsel (OSC) to enforce USERRA.  

The Uniformed Services Employment and Reemployment Rights Act 

USERRA protects the public and private sector civilian job rights and benefits of veterans and members of the armed forces, including National Guard and Reserve members.  The law prohibits employer discrimination due to military obligations and provides reemployment rights to returning service members.  DOL’s Veterans’ Employment and Training Service (VETS) not only investigates complaints by service members and veterans, it also administers a comprehensive outreach, education, and technical assistance program here in the United States and around the world.

VETS works closely with DoD’s Office of the Assistant Secretary for Reserve Affairs’ Employer Support of the Guard and Reserve (ESGR) to ensure that service members are briefed on their USERRA rights before and after they are mobilized.  We conduct continuous USERRA outreach and education to inform service members and employers on their rights and responsibilities under the law.  Since most complaints result from a misunderstanding of the USERRA obligations and rights, we took an important step in 2005 to make it easier to understand the law by promulgating clear, easy-to-understand regulations in question-and-answer format.  From the terrorist attacks on September 11, 2001, through the end of March 2008, VETS has provided USERRA assistance to over 535,000service members, employers and others.  This includes 341 USERRA mobilization and demobilization briefings given to 267,000 service members. The 2006 Status of Forces Survey reported that National Guard and Reserve Component members received an average of two USERRA briefings each, and only seven percent claimed to have experienced USERRA-related problems.  We believe that this low rate of reported USERRA problems is due, in part, to our extensive outreach and education; the agency’s user-friendly 2005 regulations; the collaborative efforts of DOL, DOJ, OSC and ESGR; and to the tremendous support the vast majority of employers show for the Nation’s men and women in uniform. 

Our record in enforcing USERRA shows that we vigorously investigate complaints, and when employers do not comply with the law we make every effort to bring them into compliance.  VETS does this through a nation-wide network of over 100 highly-skilled federal employees who are veterans employment specialists.  Almost all are veterans themselves.  They are trained to meet the many workplace employment needs of today’s service members. VETS’ federal employment specialists are located where veterans need them most, and they are in all 50 states, the District of Columbia, and Puerto Rico.  These specialists conduct outreach and provide technical assistance to employers, service members, veterans, and veterans' organizations on employment and reemployment issues at the national, state and local levels, including at locations where service members are demobilized.  

VETS teams with ESGR, the OSC, and DOJ to ensure the employment rights and benefits for returning service members are protected.  ESGR engages in a number of efforts to ensure employer support for the Guard and Reserve is sustained.  ESGR also reinforces the relationship between employers and employees through informal USERRA mediation.  DOJ and the OSC help enforce USERRA by representing USERRA complainants when DOL is unable to resolve the complaint and/or when the service member or veteran requests their case be referred.

VETS has a decades-long history of protecting the rights and interests of American service men and women employed in both the public and private sectors by investigating complaints under USERRA and its predecessor laws.  Complaints under the Veterans’ Reemployment rights Act (VRRA), the predecessor to USERRA (USERRA was enacted into law by Public Law 103-353, October 13, 1994) peaked in 1991 following mobilizations for Operation Desert Storm, when claims topped 2,500.   After 9/11, USERRA complaints rose again, from approximately 900 per year to approximately 1,500 in FY 2004 and FY 2006.  Complaints in FY 2007 decreased to 1,365.  As the chart below shows, complaints during the Global War on Terror have never approached the Desert Storm high.  Once again, we attribute much of this result to VETS’ comprehensive outreach and education efforts; our work with DOD and DOJ; the 2005 regulations; and, the strong support of those who employ our Nation’s service members.  In our view, the enactment of USERRA in 1994 also played a role, as the statute provided stronger protections and other improvements that resulted in a better understanding of the job rights and benefits of veterans and members of the armed forces.

 USERRA AND VRRA CASES OPENED

(NOTE:  VRRA cases are those prior to the enactment of USERRA on October 13, 1994)

VETS is committed to continuous improvement of our USERRA investigative processes and our reporting to Congress on investigations.  As a result of that commitment, we have made a number of investments to our USERRA program, and more are planned.  For example:

We have established a corps of Senior Investigators and stationed one in each of our Regions.  The Senior Investigators are highly specialized experts who are in constant contact with the VETS National Office and with their respective Regional Solicitor’s offices, and provide training and support to investigators in the field.

• In February 2008, VETS implemented a new USERRA Operations Manual, and all of our investigative staff has been trained on its use.  The new manual is electronic and provides search functions to enable investigators to quickly locate appropriate procedures and pertinent sections of law and regulation.  The new manual clarifies procedures for notifying claimants of their right to referral, and for recording the appropriate case outcomes in the VETS investigative database.  
• In order to continue to ensure the privacy of our electronic investigative data, VETS moved its investigative database out of a secure contractor facility to its current location in the Department behind the DOL firewall.  
• VETS is enhancing and expanding its investigator training, to include classroom, on-line distance learning, and regional training seminars. 
• VETS has implemented new procedures for enumerating cases reported to Congress in order to eliminate any duplication.  
• In order to ensure that every case is looked at by at least two individuals, VETS is requiring that each USERRA case is reviewed by a higher-level supervisor before a claimant is notified of the results of our investigation.
• We are evaluating currently available systems that would enable us to move to complete electronic case management.  This would facilitate higher-level reviews within VETS to assist our investigators and improve communications on specific cases between VETS and our Solicitor’s office and between our Solicitor’s office and DOJ and OSC.
• VETS is conducting an evaluation of the USERRA investigative process to examine the current process and identify program improvement strategies to increase efficiency and effectiveness.

Protecting the Employment Rights of Servicemembers in Arkansas

From the start of the Global War on Terror, we observed an initial increase in USERRA complaints in Arkansas, including 17 in FY 2002, 22 in FY 2003, and 30 in FY 2004, although complaints have steadily declined over the past few years.  In FY 2005, complaints dropped down to 27, and in FY 2006 complaints dropped down to 17, a decrease of nearly 40 percent.  In addition to everything that VETS has done to work with both service members and employers alike to decrease the number of USERRA complaints, the State of Arkansas has been a more than willing partner in these efforts.

The State of Arkansas has a recently signed Memorandum of Understanding (MOU) between the Adjutant General of the Arkansas National Guard, the Director of the Arkansas Department of Workforce Services and the Assistant Secretary of Labor for Veterans’ Employment & Training.  This MOU outlines the new proactive reintegration program for National Guard and Reserve Members returning to Arkansas as well as the continuum of care needed to support a normal life after redeployment for our soldiers and families.

The new reintegration program provides the following schedule of services:

• A first meeting is held 30-days after demobilization.  This is a one-day event, coordinated by the Reintegration working group, held offsite within the local community with family members and support activities.  This event gives the opportunity for families to come together and meet one-on-one with a number of agencies.  Booths available to assist the Soldiers and families are: Military One Source, ESGR, VET Center, Judge Advocate General, Department of Education, Department of Veterans Affairs, Chaplain, the Arkansas Employment Agency, and Military and Family Life Consultant (MFLC).  The intent is to offer any services that a soldier or family might need to assist the soldier with reintegrating into normal life.  
• A second meeting is held 60 days after demobilization.  This is a two-day event, coordinated by the reintegration working group, held offsite at a retreat-type setting with family members and appropriate support activities.  
• A third meeting is held 90 days after demobilization.  This is a two-day event at the Guard unit’s local Armory.  It includes follow-up briefings by Post-Deployment Health Reassessment (PDHRA), and VA Dental in-processing.

So far in Fiscal Year (FY) 2008, DOL/VETS has participated in two joint Reintegration Briefings with approximately 90 returning National Guard soldiers in attendance.  At each of these briefings, DOL/VETS has provided information on employment and reemployment, and we have teamed with the Arkansas Department of Workforce Services to ensure all returning service members are fully aware of their rights and that they know where and how they can get help if they need it.  The Arkansas National Guard Transition Assistance Advisor, Ms. Barbara Lee, is preparing a schedule for the return of the 39th Brigade, approximately 3,000 soldiers, at the end of this year or early next year.  VETS will be there on-site to provide those returning service members information on their rights under USERRA.  

Enforcement is a major focus of VETS, and potential violations of USERRA are taken very seriously.  VETS has made it easier for a service member to determine if he or she has a valid complaint and if so, to file a USERRA complaint online through our interactive USERRA elaws Advisor.  The Advisor leads the user through a series of questions and based on the responses, provides the individual with customized information on his or her eligibility, rights and responsibilities under the law.  The elaws Advisor is available at www.dol.gov/elaws/userra.htm.

Conclusion

The United States has the best, most capable, most technologically advanced military in the world.  The dedication to service and the willingness of our military to sacrifice in order to support our national security is extremely important.  The men and women in uniform are the guarantors of our freedom and preserve our way of life.  Our service members are known for their intelligence, strong work ethic, loyalty, discipline, and leadership abilities.  They have the highly sought after marketable professional qualities. Our country is a better and safer place because of them.  

DOL takes seriously its responsibilities for assisting our veterans, especially those returning from Iraq and Afghanistan, in: returning to their previous employment; finding good new jobs and careers; and protecting their job rights.  These brave men and women are protecting our national security and we must do everything we can to help protect their economic and job security. 

Thank you for allowing me to testify before this Subcommittee today.  I am prepared to respond to your questions.