REEMPLOYMENT PROVISIONS OF THE UNIVERSAL MILITARY TRAINING AND SERVICE ACT AND RETIRED SERVICEMAN'S FAMILY PROTECTION PLAN THURSDAY, JULY 25, 1968 U.S. SENATE, COMMITTEE ON ARMED SERVICES, The committee met, pursuant to notice, at 10:35 a.m., in room 212, Old Senate Office Building. Present: Senators Cannon (presiding), Russell (chairman), Young of Ohio, McIntyre, Byrd of Virginia, Smith, Thurmond, Miller, and Dominick. Also present: William H. Darden, chief of staff, T. Edward Braswell, Jr., and Gordon A. Nease, professional staff members; Charles B. Kirbow, chief clerk; and Herbert S. Atkinson, assistant chief clerk. Senator CANNON. The committee will come to order. The Chairman had a conflicting obligation for 10:30 this morning, but he expects to be here later and has asked that the committee proceed with the testimony on two bills. H.R. 1093 Senator CANNON. The first bill, H.R. 1093, is a legislative proposal of the Department of Labor that is supported by the Department of Defense. It would amend and extend the reemployment rights provided under the Military Selective Service Act of 1967. (H.R. 1093 follows:) [H.R. 1093, 90th Cong., second sess.] AN ACT To amend and clarify the reemployment provisions of the Universal Military Training and Service Act, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 9 of the Universal Military Training and Service Act, as amended (50 U.S.C. App. 459), is amended as follows: (1) Amend section 9(c) by adding the following paragraph immediately after paragraph (2): "(3) Any person who holds a position described in paragraph (A) or (M) of subsection (b) shall not be denied retention in employment or any promotion or other incident or advantage of employment because of any obligation as a member of a reserve component of the Armed Forces of the United States." (2) Amend subsection 9(d) by inserting ", subsection (c) (3)" immediately following the words "subsection (c) (1)". (3) Amend section 9(g) (1) to read as follows: "Any person who, after entering the employment to which he claims restoration, enlists in the Armed Forces of the United States (other than in a reserve component) shall be entitled upon release from service under honorable conditions to all the reemployment rights and other benefits provided for by this section in the case of persons inducted under the provisions of this title, if the total of his service performed between June 24, 1968, and August 1, 1961, did not exceed four years, and the total of any service, additional or otherwise performed by him after August 1, 1961, does not exceed five years, provided that the service in excess of four years after August 1, 1961, is at the request and for the convenience of the Federal Government (plus in each case any period of additional service imposed pursuant to law)." (4) Amend subsection 9(g) (2) to read as follows: "(2) (A) Any person who, after entering the employment to which he claims restoration enters upon active duty (other than for the purpose of determining his physical fitness and other than for training), whether or not voluntarily, in the Armed Forces of the United States or the Public Health Service in response to an order or call to active duty shall, upon his relief from active duty under honorable conditions, be entitled to all of the reemployment rights and benefits provided by this section in the case of persons inducted under the provisions of this title, if the total of such active duty performed between June 24, 1948, and August 1, 1961, did not exceed four years, and the total of any such active duty, additional or otherwise, performed after August 1, 1961, does not exceed four years (plus in each case any additional period in which he was unable to obtain orders relieving him from active duty). "(B) Any member of a Reserve component of the Armed Forces of the United States who voluntarily or involuntarily enters upon active duty (other than for the purpose of determining his physical fitness and other than for training) or whose active duty is voluntarily or involuntarily extended during a period when the President is authorized to order units of the Ready Reserve or members of a Reserve component to active duty shall have the service limitation governing eligibility for reemployment rights under paragraph (2) (A) of this subsection extended by his period of such active duty, but not to exceed that period of active duty to which the President is authorized to order units of the Ready Reserve or members of a Reserve component: Provided, That with respect to a member who voluntarily enters upon active duty or whose active duty is voluntarily extended the provisions of this paragraph shall apply only when such additional active duty is at the request and for the convenience of the Federal Government." Passed the House of Representatives May 6, 1968. W. PAT JENNINGS, Clerk. Senator CANNON. The witness on this bill is Mr. Hugh W. Bradley, Director of the Office of Veterans' Reemployment Rights, Department of Labor. STATEMENT OF HUGH W. BRADLEY, DIRECTOR, OFFICE OF VETERANS' REEMPLOYMENT RIGHTS, U.S. DEPARTMENT OF LABOR Mr. BRADLEY. Mr. Chairman and members of the committee, it has been my privilege to appear before you on other occasions to present the views of the Department of Labor on proposed amendments to the reemployment rights provisions of the Universal Military Training and Service Act, now titled the "Military Selective Service Act of 1967." I appreciate this opportunity to appear before you again for the same purpose. The first provision of the bill before you, H.R. 1093, deals with a problem that has been increasingly difficult in the past few years. It is designed to enable reservists and guardsmen, who leave their jobs to perform training in the Armed Forces, to retain their employment and to enjoy all of the employment opportunities and benefits accorded their coworkers who do not have military training obligations. The law does not now protect them against discharge without cause as it does inductees and enlistees, who have 1 year's protection, and initial active-duty-for-training reservists, who have 6 months' protection. To give the reservist a specific period of protection after each tour of training duty could be to perpetuate him in his position indefinitely. The new section 9(c) (3), which the proposed amendments would add to the act, would not follow this approach, but, instead, provides that an employee shall not be denied retention in his employment or any promotion or other incident or advantages of employment solely because of any obligation as a member of a Reserve component of the Armed Forces. I recommend approval of this provision. The second provision of the bill amends section 9(d) to provide for enforcement of the new section 9(c) (3). The third provision of the bill amends subsection 9(g) (1) of the act to protect the reemployment rights of enlisted members of the Armed Forces whose service is extended beyond the present 4-year limitation at the request and for the convenience of the Federal Government. The extension is limited to not more than 1 year. The fourth provision of the bill amends subsection 9(g) (2) of the act in order to extend the reemployment rights protection of members of the Ready Reserve and the National Guard for time periods consistent with the President's authority in Public Law 89-687. That authority permits a tour of active duty not to exceed 2 years. Any of these men who served for more than 2 years after August 1, 1961, and asserted their reemployment rights thereafter, will have no reemployment rights protection if their total service exceeds 4 years, unless the law is amended. It is my recommendation that the reemployment rights provisions of the act be amended to provide permanent flexibility in times of urgency. It should not be necessary to seek new legislation each time reserves or guardsmen are called to the colors or when a branch of the armed services finds it to be in the national interest to request voluntary extension of service for a reasonable period or to encourage voluntary reentry on active duty for a reasonable period. I thank you, Mr. Chairman and members of the committee, for the attention you have accorded me. I urge that H.R. 1093 be adopted to meet present and future manpower needs of the military without impairing the reemployment rights of servicemen and to provide more flexibility in administering the law. I will be glad to answer any questions that you may have. statement. Senator Smith, do you have questions? Senator SMITH. I have no questions, Mr. Chairman. Mr. BRADLEY. Thank you, sir. (Subsequently, in executive session, the committee voted to report H.R. 1093, with an amendment, as covered by S. Rept. 1477.) H.R. 12323 Senator CANNON. The next bill is H.R. 12323, which would liberalize the rules covering participation in the retired serviceman's family protection plan in order to encourage greater participation in this program. |