H.R. 1879: National Guard Employment Protection Act of 2009

H.R. 1879

National Guard Employment Protection Act of 2009

March 22, 2010 (111th Congress, 2nd Session)

Staff Contact

Floor Situation

H.R. 1879 is expected to be considered on the floor of the House on Monday, March 22, 2010, under suspension of the rules, requiring a two-thirds majority vote for passage. The legislation was introduced by Rep. Mike Coffman (R-CO) on April 2, 2009. The Committee on Veterans Affairs approved the bill on March 10, 2010, by voice vote.

Bill Summary

H.R. 1879 would provide employment and reemployment rights for individuals ordered to full-time National Guard duty.


The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) requires employers to provide certain employment benefits, including guaranteed reemployment, to employees who miss work because of their military service. Under USERRA, those protections are guaranteed for up to five years of cumulative absence from a job due to service in the military. However, some service members have their jobs protected for longer than five years, because some specific types of military duty do not count against the period of guaranteed USERRA protection.




The Congressional Budget Office (CBO) estimates that enacting this bill would have no impact on the federal budget and would not affect direct spending or revenues.

According to the Congressional Budget Office (CBO), H.R. 1879 contains an intergovernmental and private sector mandate as defined in the Unfunded Mandates Reform Act (UMRA). By expanding the individuals protected under USERRA, state, local, and tribal governments and private sector employers would face additional costs to comply with these reemployment protections. However, the cost of complying with the mandates would fall well below the annual thresholds established in UMRA.