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Statement of Need: The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), 38 U.S.C. 4301-4333, provides employment and reemployment rights for members of the uniformed services, including veterans and members of the Reserve and National Guard. Under USERRA, service members who leave their civilian jobs for military service can perform their duties with the knowledge that they will be able to return to their jobs with the same pay, benefits, and status they would have attained had they not been away on duty. USERRA also assures that they will not suffer discrimination in employment because of their military service. The Department has not issued implementing regulations under USERRA. In the absence of regulations, VETS has engaged in significant compliance assistance efforts, including a Non-Technical Resource Guide to USERRA, briefings for service members and employers, a web-based elaws Advisor and other web-based aids such as FAQs, a toll-free help line for basic USERRA questions, and informal email responses to electronic inquiries. VETS has also issued about 40 memoranda interpreting issues that have arisen under USERRA. In addition, VETS has prepared a draft USERRA Handbook as part of its compliance assistance efforts. A copy of the draft Handbook is attached. Approximately 300,000 members of the National Guard and Reserve have been called up since the President's declaration of a national emergency following the attacks of September 11, 2001. As service members conclude their tours of duty and return to civilian employment, it is important for employers to recognize that USERRA requires that returning veterans receive many important benefits of employment that they would have attained had they been continuously employed. It is also important for service members to know what their rights and responsibilities are under the law, and how the Department can assist them in enforcing these rights. In the past year, the Department has experienced a tremendous increase in the number of inquiries from employers and members of the Reserves. The Department has responded to over 9,500 requests for technical assistance, and has provided USERRA briefings to nearly 50,000 persons, including members of the National Guard, Reserve and employer groups. These numbers are conservative, as not all instances of technical assistance have been documented. The volume of technical assistance requests indicates a strong public interest in authoritative written guidance from the Department. The complexity of the issues raised demonstrates the value of such guidance. Another consideration is the possibility of the call to active duty of a large number of additional National Guard and Reserve members. The ongoing war on terrorism is widely expected to last for a significant period of time. Persons currently mobilized are serving for much longer periods of time than those who served in Desert Storm, thereby causing greater concerns among the Reserve and employer communities. Any escalation of the use of National Guard and Reserve personnel will cause a corresponding increase in the need for USERRA information among Reservists, employers and the public. Authoritative written USERRA guidance will ensure that the capability of VETS' staff to respond promptly is not exceeded and that the information provided is uniform and correct. The high volume of requests for technical assistance received by the Department since September 2001 indicates that there is a significant need for authoritative USERRA guidance. USERRA regulations would provide authoritative guidance by codifying the Department's interpretations of the law and the Department's procedures for enforcing the law.

Summary of the Legal Basis: USERRA authorizes the Secretary of Labor, in consultation with the Secretary of Defense, to issue regulations implementing USERRA with regard to States, local governments and private employers. 38 U.S.C. 4331(a).

Alternatives: In lieu of regulations, the Department could choose to continue its compliance assistance efforts, and could issue interpretations of USERRA in the form of the USERRA Handbook, policy memoranda or other less formal means. These would not benefit from broad-based public input, nor would they receive the same level of deference as regulations. See United States v. Mead Corp., 533 U.S. 218, 230 (2001).