H.R. 3524House112th Congress (2011-2013)In Committee

Disabled Veterans Employment Protection Act

Introduced November 30, 2011

Legislative Activity

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5 earlier actions
HouseCommittee Latest Action

Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .

June 28, 2012

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HouseIntro Referral

Introduced in House

November 30, 2011

HouseIntro Referral

Referred to the House Committee on Veterans' Affairs.

November 30, 2011

HouseCommittee

Referred to the Subcommittee on Economic Opportunity.

December 6, 2011

HouseCommittee

Subcommittee Hearings Held.

March 8, 2012

HouseCommittee

Subcommittee Consideration and Mark-up Session Held.

June 28, 2012

HouseCommittee

Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .

June 28, 2012

Floor Debate

24 members

What members said about H.R. 3524 on the floor

6 Republicans18 Democrats
Gary G. Miller
Rep. Gary G. MillerR-CA-42 · Mar 16, 2011

I enjoyed the comments of my good friend, Mr. Baca, from San Bernardino County. I have some correspondence from San Bernardino County that might interest him. According to the county offices, there…

Barney Frank
Rep. Barney FrankD-MA-4 · Mar 16, 2011

Mr. Chairman, I yield 3 minutes to a member of the committee, the gentleman from Massachusetts (Mr. Lynch). Mr. Chairman, I yield myself 30 seconds to say that the gentleman has just explained why…

Keith Ellison
Rep. Keith EllisonD-MN-5 · Mar 16, 2011

Mr. Speaker, it's amazing to me that we're here at this time when we've seen 4 million foreclosures across America, perhaps 7 million. We've seen neighborhoods devastated. And instead of the majority…

Spencer Bachus
Rep. Spencer BachusR-AL-6 · Mar 16, 2011

Mr. Chairman, I would like to address two things that the minority has raised. One is they've talked about fairness. And I will tell you that there's nothing fair about this program. In fact, it's an…

Maxine Waters
Rep. Maxine WatersD-CA-35 · Mar 16, 2011

Mr. Chair, I yield 2 minutes to the gentleman from Minnesota (Mr. Ellison). Mr. Chairman and Members, I think that my colleague from Minnesota said it all: Whose side are you on? Are you on the side…

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Laura Richardson
Rep. Laura RichardsonD-CA-37 · Mar 16, 2011

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, the Richardson amendment to H.R. 861, the Neighborhood Stabilization Program Termination Act which we've been talking about this…

Judy Biggert
Rep. Judy BiggertR-IL-13 · Mar 16, 2011

I yield myself such time as I may consume. Mr. Chairman, I rise in support of H.R. 861, the Neighborhood Stabilization Program Termination Act, and I commend my colleague Mr. Miller for introducing…

Corrine Brown
Rep. Corrine BrownD-FL-3 · Mar 16, 2011

Mr. Chair, I rise today to oppose this spurious legislation to eliminate a program that has helped our towns and cities recover from the horrible housing crisis that has taken hold of these…

Carolyn B. Maloney
Rep. Carolyn B. MaloneyD-NY-14 · Mar 16, 2011

Madam Chair, I have an amendment at the desk which is in order under the rule. Madam Chair, I rise in support of my amendment to the Neighborhood Stabilization Program Termination Act which will…

Kathy Castor
Rep. Kathy CastorD-FL-11 · Mar 16, 2011

Madam Chair, I have en bloc amendments at the desk. Madam Chair, my amendments are very simple. They say that 90 days after enactment of this bill, we will commence a Government Accountability study…

Loretta Sanchez
Rep. Loretta SanchezD-CA-47 · Mar 16, 2011

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I rise in support of my amendment. My amendment would state simply that the Congress acknowledges that we could have helped to rebuild…

David Schweikert
Rep. David SchweikertR-AZ-5 · Mar 16, 2011

Mr. Chairman, look, I've been a Member now of this august body for 75-some days. And I'm starting to learn much of what we do seems to be more based in theater than reality. If I read this amendment…

Luis V. Gutierrez
Rep. Luis V. GutierrezD-IL-4 · Mar 16, 2011

Mr. Chair, I rise today in opposition to the Neighborhood Stabilization Termination Act, or H.R. 861, a bill to eliminate the Neighborhood Stabilization Program (NSP). I would like to shed light on…

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Michael E. Capuano
Rep. Michael E. CapuanoD-MA-8 · Mar 16, 2011

I thank the gentleman for yielding. Mr. Chairman, the most legitimate argument I have heard is we have a deficit and we have to deal with it. That is a fair and reasonable point to make. However, it…

André Carson
Rep. André CarsonD-IN-7 · Mar 16, 2011

Thank you, Ranking Member Frank. As our Nation's economy moves forward, we must not forget about our neighborhoods, and we must continue to help those areas that are still struggling to come back.…

Joe Baca
Rep. Joe BacaD-CA-43 · Mar 16, 2011

I thank the gentleman from Massachusetts for yielding. Today we are here again not to discuss any piece of legislation that will create jobs, but to eliminate a program that helps communities across…

Stevan Pearce
Rep. Stevan PearceR-NM-2 · Mar 16, 2011

Mr. Chairman, I rise today in support of H.R. 861, the Neighborhood Stabilization Program Termination Act. The program has been ill-fated from the start. It has been plagued with problems. We have…

Bruce L. Braley
Rep. Bruce L. BraleyD-IA-1 · Mar 16, 2011

Mr. Speaker, I have a motion to recommit at the desk. I am in its current form. Mr. Speaker, this picture tells the story of why this amendment is so important. This isn't Wall Street. You don't see…

John D. Dingell
Rep. John D. DingellD-MI-15 · Mar 16, 2011

Mr. Chair, I rise in opposition to H.R. 861, which will terminate an important Federal response to the mortgage crisis that continues to threaten American economic growth. Last week, House…

James R. Langevin
Rep. James R. LangevinD-RI-2 · Mar 16, 2011

Mr. Chair, I rise in strong opposition to H.R. 861, the Neighborhood Stabilization Program (NSP) Termination Act. This bill stops in its tracks the successful efforts to rebuild neighborhoods hardest…

Stephen F. Lynch
Rep. Stephen F. LynchD-MA-9 · Mar 16, 2011

I thank the gentleman for yielding. Mr. Chairman, I do want to point out that the Neighborhood Stabilization Program that we're talking about here today isn't just dealing with foreclosures. As we…

Eric Cantor
Rep. Eric CantorR-VA-7 · Mar 16, 2011

I thank the gentlelady. Mr. Chairman from day one, the majority of this Congress promised the American people that we would focus like a laser on producing results. And over the past 2 months, we…

Nydia M. Velázquez
Rep. Nydia M. VelázquezD-NY-12 · Mar 16, 2011

I thank the ranking member for yielding. As the ranking member stated before, this is not only about foreclosed properties, this is about abandoned properties. The Neighborhood Stabilization Program…

Leonard L. Boswell
Rep. Leonard L. BoswellD-IA-3 · Mar 16, 2011

I appreciate the opportunity to speak on this. And, again, I want to say this amendment does not kill the bill. Republicans have put forth a bill that again forces our middle class and our working…

Bill Text

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Introduced in HouseIssued November 30, 2011

I

112th CONGRESS

1st Session

H. R. 3524

IN THE HOUSE OF REPRESENTATIVES

November 30, 2011

Mr. Braley of Iowa introduced the following bill; which was referred to the Committee on Veterans’ Affairs

A BILL

To amend title 38, United States Code, to provide certain rights for persons who receive treatment for illnesses, injuries, and disabilities incurred in or aggravated by service in the uniformed services, and for other purposes.

1.

Short title

This Act may be cited as the Disabled Veterans Employment Protection Act.

2.

Rights of persons who receive treatment for illnesses, injuries, and disabilities incurred in or aggravated by service in the uniformed services

(a)

Rights of persons who receive treatment

(1)

In general

Subchapter II of chapter 43 of title 38, United States Code, is amended by adding at the end the following new section:

4320.

Rights of persons absent from employment for treatment of service-connected disabilities

(a)

Retention

Subject to subsection (e), a person who is absent from a position of employment by reason of the receipt of medical treatment for a service-connected disability is entitled to be retained by the person’s employer.

(b)

Seniority

A person who is absent from employment by reason of the receipt of medical treatment for a service-connected disability and who is entitled to be retained by the person’s employer under subsection (a) is entitled to the seniority and other rights and benefits determined by seniority that the person had on the date of the commencement of such treatment plus the additional seniority and rights and benefits that such person would have attained if the person had remained continuously employed.

(c)

Benefits

(1)

A person who is absent from a position of employment by reason of the receipt of medical treatment for a service-connected disability and who is entitled to be retained by the person’s employer under subsection (a) shall be—

(A)

deemed to be on furlough or leave of absence while receiving such treatment; and

(B)

entitled to such other rights and benefits not determined by seniority as are generally provided by the employer of the person to employees having similar seniority, status, and pay who are on furlough or leave of absence under a contract, agreement, policy, practice, or plan in effect at the commencement of such service or established while such person is so absent.

(2)
(A)

Subject to subparagraph (C), a person described in subparagraph (B) is not entitled to rights and benefits under paragraph (1)(B).

(B)

A person described in this subparagraph is a person who—

(i)

is absent from a position of employment by reason of the receipt of medical treatment for a service-connected disability; and

(ii)

knowingly provides written notice of intent not to return to a position of employment after receiving such treatment.

(C)

For the purposes of this paragraph, the employer shall have the burden of proving that a person knowingly provided clear written notice of intent not to return to a position of employment after being absent from employment by reason of the receipt of medical treatment and, in doing so, was aware of the specific rights and benefits to be lost under subparagraph (A).

(3)

A person deemed to be on furlough or leave of absence under this subsection while receiving medical treatment for a service-connected disability shall not be entitled under this subsection to any benefits to which the person would not otherwise be entitled if the person had remained continuously employed.

(4)

Such person may be required to pay the employee cost, if any, of any funded benefit continued pursuant to paragraph (1) to the extent other employees on furlough or leave of absence are so required.

(5)

The entitlement of a person to coverage under a health plan is provided for under section 4317 of this title.

(d)

Leave

Any person who is absent from a position of employment with an employer by reason of the receipt of medical treatment for a service-connected disability shall be permitted, upon request of that person, to use during the period during which the person is so absent, any vacation, annual, medical, or similar leave with pay accrued by the person before the commencement of such period. No employer may require any such person to use vacation, annual, family, medical, or similar leave during such period.

(e)

Exceptions

(1)

An employer is not required to comply with the requirements of this section if—

(A)

the employer’s circumstances have so changed as to make such compliance impossible or unreasonable;

(B)

such compliance would impose an undue hardship on the employer; or

(C)

the employment from which the person is absent by reason of the receipt of medical treatment is for a brief, nonrecurrent period and there is no reasonable expectation that such employment will continue indefinitely or for a significant period.

(2)

In any proceeding involving an issue of whether (A) any compliance referred to in paragraph (1) is impossible or unreasonable because of a change in an employer's circumstances, (B) such compliance would impose an undue hardship on the employer, or (C) the employment referred to in paragraph (1)(C) is for a brief, nonrecurrent period and there is no reasonable expectation that such employment will continue indefinitely or for a significant period, the employer shall have the burden of proving the impossibility or unreasonableness, undue hardship, or the brief or nonrecurrent nature of the employment without a reasonable expectation of continuing indefinitely or for a significant period.

(f)

Limitation

This section shall apply with respect to any absence from a position of employment with an employer by reason of the receipt of medical treatment for a service-connected disability as long as the aggregate period of such absence or absences is not more than 12 workweeks during any 12-month period.

.

(2)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 4319 the following new item:

4320. Rights of persons absent from employment for treatment of service-connected disabilities.

.

(b)

Health plan

Section 4317 of title 38, United States Code, is amended by adding at the end the following new subsection:

(c)

This section shall apply with respect to a person who is absent from a position of employment by reason of the receipt of medical treatment for a service-connected disability (other than a person described in section 4320(c)(2)(B) of this title) on the same basis as a person who is absent from a position of employment by reason of service in the uniformed services. In the case of a person who is absent from a position of employment by reason of the receipt of medical treatment for a service-connected disability (other than a person described in section 4320(c)(2)(B) of this title), the period during which the person is so absent shall be treated as a period of service in the uniformed services for purposes of this section.

.

(c)

Prohibition of discrimination and acts of reprisal

Section 4311 of title 38, United States Code, is amended—

(1)

in subsection (a)—

(A)

by inserting after uniformed service the following: , or who has an illness, injury, or disability determined by the Secretary of Veterans Affairs to have been incurred in or aggravated by such service,; and

(B)

by striking or obligation and inserting obligation, or receipt of treatment for that illness, injury, or disability; and

(2)

in subsection (c)—

(A)

by striking or obligation for service the first time it appears and inserting obligation for service, or receipt of treatment for an illness, injury, or disability determined by the Secretary of Veterans Affairs to have been incurred in or aggravated by service; and

(B)

by striking or obligation for service the second time it appears and inserting obligation for service, or receipt of treatment.

(d)

Effective date

The amendments made by this section shall apply with respect to medical treatment received on or after the date that is 90 days after the date of the enactment of this Act.