In the lead-up to America’s entry into World War II, as the United States watched the Battle of Britain unfold across the Atlantic, Congress established the first reemployment protections for military members with the Selective Training and Service Act of 1940. Those protections were modified several times during the early Cold War years, until 1974, when Congress amended and recodified them in the Veterans Reemployment Rights Act. In the post-Vietnam War era, the military underwent a fundamental realignment when today’s all-volunteer force replaced the longstanding practice of conscription. Responding to this sea change, in 1994 Congress enacted the Uniformed Service Employment and Reemployment Rights Act.

Looking at this history, a trend emerges: Congress has revisited veteran employment protections at major geopolitical junctures. USERRA was born in the afterglow of the Soviet Union’s collapse, when America’s military dominance was on full display. As USERRA marks its 30th birthday this year, the state of America’s national security is markedly different than in 1994, defined in large part by 9/11 and the resultant Global War on Terrorism. Today’s military depends more on Reserve and National Guard forces, which have deployed more frequently and in greater numbers than ever before. These circumstances, along with an unprecedented recruitment crisis, have brought to the forefront the role of parttime military personnel with civilian careers. Altogether, the time is ripe for Congress to take a hard, comprehensive look at USERRA and address weaknesses in the law that have become apparent since its passage three decades ago.