IB 

Union Calendar No. 259 

111TH CONGRESS 

2D SESSION H. R. 1879 

[Report No. 111–450] 

To amend title 38, United States Code, to provide for employment and 

reemployment rights for certain individuals ordered to full-time National 

Guard duty. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 2, 2009 

Mr. COFFMAN of Colorado (for himself and Ms. BORDALLO) introduced the 

following bill; which was referred to the Committee on Veterans’ Affairs 

MARCH 22, 2010 

Additional sponsors: Mr. FILNER, Mr. LOBIONDO, Mr. BOOZMAN, Mr. 

WELCH, Ms. FALLIN, Mr. BAIRD, Mr. LUETKEMEYER, Mr. COURTNEY, 

Mr. MILLER of Florida, Mr. LAMBORN, Mr. KLINE of Minnesota, Mr. 

KISSELL, Mr. HARPER, Mr. BUYER, Mr. SULLIVAN, Mr. ROE of Tennessee, Mr. TIM MURPHY of Pennsylvania, and Ms. GRANGER

MARCH 22, 2010 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 


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•HR 1879 RH

A BILL 

To amend title 38, United States Code, to provide for employment and reemployment rights for certain individuals 

ordered to full-time National Guard duty. 


srobinson on DSKHWCL6B1PROD with BILLS
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•HR 1879 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Guard Em5 ployment Protection Act of 2009’’. 

6 SEC. 2. REEMPLOYMENT RIGHTS FOLLOWING CERTAIN NA7 TIONAL GUARD DUTY. 

8 (a) REEMPLOYMENT RIGHTS.—Section 4312(c)(4) of 

9 title 38, United States Code, is amended— 

10 (1) by striking ‘‘or’’ at the end of subparagraph 

11 (D); 

12 (2) by striking the period at the end of sub13 paragraph (E) and inserting ‘‘; or’’; and 

14 (3) by adding at the end the following new sub15 paragraph: 

16 ‘‘(F) ordered to full-time National Guard 

17 duty under the provisions of section 502(f) of 

18 title 32 when the period of duty is designated 

19 by the Secretary of Defense as covered by this 

20 subparagraph.’’. 

21 (b) EFFECTIVE DATE.—Subparagraph (F) of section 

22 4312(c)(4) of title 38, United States Code, as added by 

23 subsection (a), shall apply with respect to an individual 

24 ordered to full-time National Guard duty under section 

25 502(f) of title 32, United States Code, on or after SepVerDate Nov 24 2008 22:05 Mar 22, 2010 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\H1879.RH H1879

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•HR 1879 RH

1 tember 11, 2001, and shall entitle such individual to rights 

2 and benefits under chapter 43 of title 38 of such Code 

3 on or after that date. 

4 SECTION 1. SHORT TITLE. 

5 This Act may be cited as the ‘‘National Guard Em6 ployment Protection Act of 2010’’. 

7 SEC. 2. REEMPLOYMENT RIGHTS FOLLOWING CERTAIN NA8 TIONAL GUARD DUTY. 

9 (a) REEMPLOYMENT RIGHTS.—Section 4312(c)(4) of 

10 title 38, United States Code, is amended— 

11 (1) by striking ‘‘or’’ at the end of subparagraph 

12 (D); 

13 (2) by striking the period at the end of subpara14 graph (E) and inserting ‘‘; or’’; and 

15 (3) by adding at the end the following new sub16 paragraph: 

17 ‘‘(F) ordered to full-time National Guard 

18 duty under the provisions of section 502(f) of 

19 title 32 when the period of duty is expressly des20 ignated in writing by the Secretary of Defense as 

21 covered by this subparagraph.’’. 

22 (b) EFFECTIVE DATE.—Subparagraph (F) of section 

23 4312(c)(4) of title 38, United States Code, as added by sub24 section (a), shall apply with respect to an individual or25 dered to full-time National Guard duty under section 502(f) 


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•HR 1879 RH

1 of title 32, United States Code, on or after September 11, 

2 2001, and shall entitle such individual to rights and bene3 fits under chapter 43 of title 38 of such Code on or after 

4 that date. 


srobinson on DSKHWCL6B1PROD with BILLS
Union Calendar No. 259 

111TH CONGRESS 

2D SESSION H. R. 1879 

[Report No. 111–450] 

A BILL 

To amend title 38, United States Code, to provide 

Guard duty. tain individuals ordered to full-time National for employment and reemployment rights for cerMARCH 22, 2010 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


srobinson on DSKHWCL6B1PROD with BILLS