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VETS Final Rule

Uniformed Services Employment and Reemployment Rights Act of 1994; Correction [03/28/2006]

[PDF Version]

Volume 71, Number 59, Page 15338

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DEPARTMENT OF LABOR

Veterans' Employment and Training Service

20 CFR Part 1002

[Docket No. VETS-U-04]
RIN 1293-AA09

 
Uniformed Services Employment and Reemployment Rights Act of 
1994; Correction

AGENCY: Veterans' Employment and Training Service, Labor.

ACTION: Correcting Amendment.

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SUMMARY: This document contains a correction to the final regulations 
implementing the Uniformed Services Employment and Reemployment Act of 
1994 (USERRA), which were published in the Federal Register on December 
19, 2005. Congress enacted USERRA to protect the rights of persons who 
voluntarily or involuntarily leave employment positions to undertake 
military service. USERRA authorizes the Secretary of Labor to prescribe 
rules implementing the law as it applies to States, local governments, 
and private employers. 38 U.S.C. 4331(a). The Department, through the 
Veterans' Employment and Training Service (VETS), promulgated rules 
under this statutory authority to provide guidance to employers and 
employees concerning their rights and obligations under USERRA. The 
final rule contained an incorrect citation to the Agency's statutory 
authority to promulgate regulations under USERRA. This document 
corrects the final regulations by revising the statutory authority 
citation.

DATES: Effective on March 28, 2006.

FOR FURTHER INFORMATION CONTACT: Robert Wilson, Chief, Investigations 
and Compliance Division, Veterans' Employment and Training Service, 
U.S. Department of Labor, 200 Constitution Avenue, NW., Room S-1312, 
Washington, DC 20210, Wilson.Robert@dol.gov, (202) 693-4719 (this is 
not a toll-free number).

SUPPLEMENTARY INFORMATION:

Background

    On September 20, 2004, VETS issued proposed regulations to 
implement the Uniformed Services Employment and Reemployment Rights Act 
of 1994, as amended (USERRA), 38 U.S.C. 4301-4334. VETS invited written 
comments on the proposed regulations from interested parties, and 
invited comment on specific issues. VETS considered all timely comments 
received in response to the proposed regulations, and published final 
regulations in the Federal Register on December 19, 2005.

Need for Correction

    Section 4331 of USERRA authorizes the Secretary of Labor to 
prescribe regulations implementing the law as it applies to States, 
local governments, and private employers. 38 U.S.C. 4331(a). This 
statutory authority is noted correctly in two places in the preamble to 
the USERRA final rule. See 70 FR 75246 and 70 FR 75292. However, an 
incorrect reference to the statutory authority was inadvertently 
inserted in the text of the regulations. See 70 FR 75295. To correct 
this error, this document substitutes the correct statutory authority 
for that listed in the text of the final regulations.

List of Subjects in 20 CFR Part 1002

    Labor, Veterans, Pensions.


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Accordingly, 20 CFR part 1002 is corrected by making the following 
correcting amendment:

PART 1002--[AMENDED]

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1. The authority citation is corrected to read as follows:

    Authority: Section 4331(a) of the Uniformed Services Employment 
and Reemployment Rights Act of 1994 (USERRA), 38 U.S.C. 4331(a) 
(Pub. L. 103-353, 108 Stat. 3150).

U.S. Department of Labor.

Veterans' Employment and Training Service.
Charles S. Ciccolella,
Assistant Secretary for Veterans' Employment and Training.
[FR Doc. 06-2966 Filed 3-27-06; 8:45 am]

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