President Signs USERRA Protections for TSA Employees into Law

The president signed H.R. 3670 into law recently to force the Transportation Security Administration to comply with the Uniformed Servicemembers Employment and Reemployment Rights Act, or USERRA. The VFW, which called attention to the problem and helped to introduce the legislation, applauded the bill’s signing.

“This new law not only offers piece-of-mind to service members already employed by TSA, but it also ensures that TSA can be an attractive employer to potential workers who possess the kinds of skills TSA needs to fulfill their mission," said VFW Executive Director Bob Wallace. "We thank the president, as well as leaders in the House and Senate, for continuing to make the well-being of our service members and veterans a priority."

Congress established TSA in the wake of 9/11 to strengthen security for American air travelers. In an effort to quickly mobilize the new agency and its thousands of employees, Congress designated transportation security officers, or TSOs, as a special class of employee considered vital to national security, and therefore exempt from certain labor laws like USERRA. However, the agency remained exempt from complying with USERRA more than 10 years later.

In an effort to offer reasonable protections to members of the National Guard and Reserve who may seek employment with TSA, VFW worked diligently with the offices of Rep. Tim Walz, D-Minn., and Sen. Joe Lieberman, I-Conn., over the past year to introduce and pass legislation that would finally close this loophole.

The VFW testified in support of H.R. 3670 before the House VA Subcommittee on Economic Opportunity in March, and VFW legislative associate Daniel Elkins, who currently serves in the National Guard, spearheaded efforts to find cosponsors for the bill, ultimately pushing the legislation across the goal line.

To read the official White House announcement of the bill signing, click here.

To read the official notice of the new law, P.L. 112-171, click here.

At a time when Americans criticize Congress for stalling on legislation, VFW advocacy efforts have resulted in dozens of new provisions becoming law, including the "VOW to Hire Heroes Act of 2011,", a comprehensive veterans' jobs bill, and the "Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012," an omnibus veterans' benefits package that finally resolved the years-old debate on how to care for service members and military families exposed to toxic water at Camp Lejeune.

But your VFW is not done. When Congress returns from the August recess, we will continue to push for more pending veterans' reforms, which we will highlight on this blog in the coming weeks. Check back regularly for updates.

Senate Passes USERRA Protections for TSA Employees; Bill Awaits President's Signature

This week the Senate hotlined the final version of H.R. 3670, a bill which will force the Transportation Security Administration, to comply with the Uniformed Servicemembers Employment and Reemployment Rights Act, or USERRA. The VFW played a lead role in mustering support for the common sense legislation in both the House and Senate, and applauded its final passage.

“Once we learned that a loophole exempted TSA from complying with service members’ employment rights, our advocates worked hard to fix it to protect the employment rights of Guard and Reservists who work for the agency " said VFW Executive Director Bob Wallace. “The bill passed by the Senate today not only offers piece-of-mind to the service members working for TSA, but it also ensures that TSA will be an attractive employer to potential workers with the unique skills they need to fulfill their mission. We applaud Senator Joe Lieberman, Congressman Tim Walz, and the more than 60 bipartisan cosponsors in both the House and Senate for standing up for the rights of our citizen-soldiers, and we urge the president to quickly sign this responsible piece of legislation into law.”

In the aftermath of 9/11, Congress established TSA in an effort to strengthen security protocols for air travelers. In order to quickly stand up the new agency and its thousands of requisite employees, Congress gave TSA administrators broad authority to hire, fire and promote officers to meet the demand. As a result of this broad authority, transportation security officers, or TSOs, were included in a select category of federal employees considered vital to national security, and therefore exempt from labor laws like USERRA.

More than 10 years after the establishment of TSA, the agency remained exempt from complying with USERRA, and the VFW sought to finally close this loophole, offering reasonable protections to members of the National Guard and Reserve who may seek employment with TSA.

Rep. Tim Walz, D-Minn., introduced H.R. 3670 in the House, and Sen. Joe Lieberman, I-Conn., introduced the companion bill, S. 1990, in the Senate.

The VFW testified in support of H.R. 3670 before the House VA Subcommittee on Economic Opportunity in March, and VFW legislative associate Daniel Elkins, who currently serves in the National Guard, spearheaded efforts to find cosponsors for the bill, ultimately pushing the legislation across the goal line.

The bill now awaits the president's signature. Your VFW will continue to keep tabs on H.R. 3670 as it moves closer to becoming law. Check back regularly for updates.

Watch: VFW Testifies on Veterans’ Economic Opportunity Bills

Update: The archived webcast from today's hearing is now available by clicking here. 

This morning, your VFW testified before the House Veterans Affairs Subcommittee on Economic Opportunity on four pieces of pending legislation designed to protect service members’ financial interests and offer improved employment opportunities and protections for veterans.

The started at 10 a.m. in the committee’s chambers, room 334 of the Cannon House Office Building. To view a full list of witnesses and to read their prepared remarks, click here.

VFW Deputy Legislative Director Ryan Gallucci testified before the subcommittee, lending the VFW’s support to bills improving protections for military home owners, H.R. 4740 and H.R. 5747, and a bill that seeks to close licensing gaps for veterans, H.R. 4115.

The VFW worked closely with the American Legion to push for H.R. 4115, the HIRE at HOME Act, which was introduced by Rep. Steve Stivers, R-Ohio, and would mandate that states consider military training and experience when issuing licenses for medical professionals and truck drivers. The VFW suggested that the subcommittee should add language similar to the Senate companion bill, which would outline how states would report on licensing gaps from veteran applicants, and how Department of Labor would subsequently share that information with the Pentagon in an effort to eliminate such gaps.

The VFW also applauded Reps. Elijah Cummings, D-Md., and Duncan Hunter, R-Calif., for introducing their bills to improve the Servicemembers Civil Relief Act, or SCRA. Cummings' bill, H.R. 5747, would strengthen foreclosure protections and enforcement for deployed service members, surviving spouses and disabled veterans, which Hunter's bill, H.R. 4740, would allow military families to refinance mortgages on homes they own at old duty stations, even though it is no longer a primary residence.

Gallucci also voiced the VFW’s concerns on the proposal in H.R. 3860 to exclude large businesses from claiming financial hardship exemptions under the Uniformed Servicemembers Employment and Reemployment Rights Act, or USERRA, explaining that such a drastic change could prevent service members and veterans from finding employment.

The VFW's position was at odds with other panelists from the American Legion and the Reserve Officers Assocation, but Gallucci stressed that poor enforcement of current policy was actually what prevented service members covered under USERRA from returning to their jobs.

Gallucci also pointed to a recent study from the Center for a New American Security, which reported that employers sometimes do not make the distinction between veterans and service members with Guard and Reserve obligations, and that legal obligations tied to deployments -- specifically USERRA -- may actually prevent companies from even allowing veterans in the door.

Your VFW will continue to follow each of these bills as they move through the House. Check back regularly for updates.

(Image: VFW Deputy Legislative Director Ryan Gallucci, left, testifies before the House VA Subcommittee on Economic Opportunity alongside American Legion National Economic Division Associate Director Steve Gonzalez and Reserve Officers Association Executive Director, retired Major Gen. Drew Davis. Photo by Jimmy Petersen.)

House Passes VFW-supported Bill to Protect TSA's Guard and Reserve Employees

This week, your VFW is one step closer to better protecting the reemployment rights of Guard and Reservists who are employed at the Transportation Security Administration, which was exempt from complying with the Uniformed Services Employment and Reemployment Rights Act when it was created in the aftermath of 9/11.

On Wednesday evening, retired Army National Guard sergeant major and now Rep. Tim Walz, D-Minn., spoke passionately on the House floor in favor of his bill, H.R. 3670, which would close the USERRA loophole at TSA, and bring the agency into compliance with every other public and private employer that employs America's citizen-soldiers. His bill quickly passed, which now means that moving its companion bill, S. 1990, through the Senate floor is the final step. S. 1990 was introduced by Sen. Joe Lieberman, I-Conn.

"VFW became aware of a little-known loophole last September that allowed TSA to be exempt from USERRA," said VFW legislative associate Daniel Elkins, who helped to introduce and muster support for the bill.

After considerable research, the VFW approached Walz to introduce a bill to close the loophole, and after months of work pushing others to support it, “we can all stand proud knowing that we're now just one step away in the Senate from accomplishing our goal,” said Elkins, who currently serves in the Army National Guard. "I encourage all VFW members and advocates to urge their senators to support S. 1990. We are within an arm's reach of changing the face of TSA for the better, to ensure all service members receive fair treatment in the workplace."

To contact your senators to support S. 1990, click here.

Your VFW will keep you posted on the progress on our efforts to closer TSA's USERRA loophole. Check back regularly with this blog for updates.

Below is Walz's floor speech on H.R. 3670, broadcast on C-SPAN:

WATCH: VFW Testifies on Veterans' Jobs, Education and Cemetery Issues

Just a day after the 2012 VFW Legislative Conference came to a close, the VFW Washington office was still at it. VFW Deputy Legislative Director Ryan Gallucci testified before the House VA Subcommittee on Economic Opportunity this morning. Gallucci discussed bills on veterans' jobs and education, several of which VFW played a major role in drafting, like H.R. 4057, which will improve consumer education for potential student-veterans and H.R. 3670, which will close a loophole in Transportation Security Administration policy that exempts the agency from USERRA.

Military Times discussed VFW's testimony in a story late yesterday afternoon, which you can read here.

Yesterday afternoon, Legislative Director Ray Kelley also testified before the House VA Subcommittee on Disability Assistance and Memorial Affairs. The hearing followed up on a recent National Cemetery Administration, or NCA, audit that discovered mismarked graves in VA cemeteries. Kelley asked the committee to review VA performance measures for NCA and to close gaps in funding so that veterans and their families have burial options and cemeteries remain protected and pristine.

Click here to watch a webcast of Gallucci's hearing.

Read Gallucci's testimony here, and learn more about the hearing here.

Click here to watch a webcast of Kelley's hearing.

Read Kelley's testimony here, and learn more about the hearing here.