S 2471 ISCommentsClose CommentsPermalink

To amend title 38, United States Code, to improve the enforcement of the Uniformed Services Employment and Reemployment Rights Act of 1994, and for other purposes.CommentsClose CommentsPermalink

December 13, 2007

Mr. KENNEDY (for himself, Mr. AKAKA, and Mr. OBAMA) introduced the following bill; which was read twice and referred to the Committee on Veterans' AffairsCommentsClose CommentsPermalink

To amend title 38, United States Code, to improve the enforcement of the Uniformed Services Employment and Reemployment Rights Act of 1994, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `USERRA Enforcement Improvement Act of 2007'.CommentsClose CommentsPermalink

SEC. 2. REFORM OF USERRA COMPLAINT PROCESS.

(a) Notification of Rights With Respect to Complaints- Subsection (c) of section 4322 of title 38, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





`(c)(1) Not later than 5 days after the Secretary receives a complaint submitted by a person under subsection (a), the Secretary shall notify such person of his or her rights with respect to such complaint under this section and section 4223 or 4224, as the case may be.CommentsClose CommentsPermalink





`(2) The Secretary shall, upon request, provide technical assistance to a potential claimant with respect to a complaint under this subsection, and when appropriate, to such claimant's employer.'.CommentsClose CommentsPermalink





(b) Expedition of Attempts To Investigate and Resolve Complaints- Section 4322 of such title is amended--CommentsClose CommentsPermalink





(1) by redesignating subsection (f) as subsection (g); andCommentsClose CommentsPermalink





(2) by inserting after subsection (e) the following new subsection (f):CommentsClose CommentsPermalink





`(f) Any action required by subsections (d) and (e) with respect to a complaint submitted by a person to the Secretary under subsection (a) shall be completed by the Secretary not later than 90 days after receipt of such complaint.'.CommentsClose CommentsPermalink





(c) Expedition of Referrals-CommentsClose CommentsPermalink





(1) EXPEDITION OF REFERRALS TO ATTORNEY GENERAL- Section 4323(a)(1) of such title is amended by inserting `Not later than 15 days after the Secretary receives such a request with respect to a complaint, the Secretary shall refer the complaint to the Attorney General.' after `to the Attorney General.'.CommentsClose CommentsPermalink





(2) EXPEDITION OF REFERRALS TO SPECIAL COUNSEL- Section 4324(a)(1) of such title is amended by striking `The Secretary shall refer' and inserting `Not later than 15 days after the date the Secretary receives such a request, the Secretary shall refer'.CommentsClose CommentsPermalink





(d) Notification of Representation-CommentsClose CommentsPermalink





(1) NOTIFICATION BY ATTORNEY GENERAL- Section 4323(a) of such title is amended--CommentsClose CommentsPermalink





(A) by redesignating paragraph (2) as paragraph (3); andCommentsClose CommentsPermalink





(B) by inserting after paragraph (1) the following new paragraph (2):CommentsClose CommentsPermalink





`(2) Not later than 45 days after the date the Attorney General receives a referral under paragraph (1), the Attorney General shall--CommentsClose CommentsPermalink





`(A) make a decision whether to appear on behalf of, and act as attorney for, the person on whose behalf the complaint is submitted; andCommentsClose CommentsPermalink





`(B) notify such person of such decision.'.CommentsClose CommentsPermalink





(2) NOTIFICATION BY SPECIAL COUNSEL- Section 4324(a)(2)(B) of such title is amended to read as follows:CommentsClose CommentsPermalink





`(B) Not later than 45 days after the date the Special Counsel receives a referral under paragraph (1), the Special Counsel shall--CommentsClose CommentsPermalink





`(i) make a decision whether to initiate an action and represent a person before the Merit Systems Protection Board under subparagraph (A); andCommentsClose CommentsPermalink





`(ii) notify such person of such decision.'.CommentsClose CommentsPermalink

SEC. 3. EXPANSION OF REPORTING REQUIREMENTS WITH RESPECT TO ENFORCEMENT OF USERRA.

(a) Modification of Annual Report by Secretary- Section 4332 of title 38, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking `The Secretary shall' and inserting `(a) Annual Report by Secretary- The Secretary shall';CommentsClose CommentsPermalink





(2) by redesignating paragraphs (4) through (6) as paragraphs (7) through (9), respectively, and inserting after paragraph (3) the following new paragraphs (4), (5), and (6):CommentsClose CommentsPermalink





`(4) The number of cases reviewed by the Secretary of Defense through the National Committee for Employer Support of the Guard and Reserve of the Department of Defense during such fiscal year.CommentsClose CommentsPermalink





`(5) The number of cases reviewed by the Secretary and the Secretary of Defense through the National Committee for Employer Support of the Guard and Reserve of the Department of Defense that involve the same person seeking employment or reemployment.CommentsClose CommentsPermalink





`(6) With respect to the cases reported on pursuant to paragraphs (1), (2), (3), (4), and (5)--CommentsClose CommentsPermalink





`(A) the number of such cases that involve a disability-related issue;CommentsClose CommentsPermalink





`(B) the number of such cases not described by subparagraph (A) that involve a person seeking employment or reemployment who has a disability; andCommentsClose CommentsPermalink





`(C) with respect to subparagraphs (A) and (B) separately, the number of each type of such disabilities.';CommentsClose CommentsPermalink





(3) in paragraph (7), as so redesignated, by striking `or (3)' and inserting `(3), (4), or (5)'; andCommentsClose CommentsPermalink





(4) in subsection (a), as designated by paragraph (1), by striking `transmit to the Congress' and inserting `submit to Congress, the Secretary of Defense, the Secretary of Veterans Affairs, the Attorney General, and the Special Counsel,'.CommentsClose CommentsPermalink





(b) Quarterly Report by Comptroller General- Such section 4332 is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





`(b) Quarterly Report by Comptroller General- The Comptroller General of the United States shall submit each quarter to Congress, the Secretary of Defense, the Secretary of Veterans Affairs, the Attorney General, and the Special Counsel a report setting forth, for the previous full quarter, the following:CommentsClose CommentsPermalink





`(1) The number of cases for which the Secretary did not meet the requirements of section 4322(f) of this title.CommentsClose CommentsPermalink





`(2) The number of cases for which the Secretary received a request for a referral under paragraph (1) of section 4323(a) of this title but did not make such referral within the time period required by such paragraph.CommentsClose CommentsPermalink





`(3) The number of cases for which the Secretary received a request for a referral under paragraph (1) of section 4324(a) of this title but did not make such referral within the time period required by such paragraph.CommentsClose CommentsPermalink





`(4) The number of cases for which the Attorney General received a referral under paragraph (1) of section 4323(a) of this title but did not meet the requirements of paragraph (2) of such section 4323(a) for such referral.CommentsClose CommentsPermalink





`(5) The number of cases for which the Special Counsel received a referral under paragraph (1) of section 4324(a) of this title but did not meet the requirements of paragraph (2)(B) of such section 4324(a) for such referral.'.CommentsClose CommentsPermalink





(c) Uniform Categorization of Data- Such section 4332 is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





`(c) Uniform Categorization of Data- The Secretary shall coordinate with the Secretary of Defense, the Secretary of Veterans Affairs, the Attorney General, and the Special Counsel to ensure that--CommentsClose CommentsPermalink





`(1) the information in the reports required by this section is categorized in a uniform way; andCommentsClose CommentsPermalink





`(2) the Secretary, the Secretary of Defense, the Secretary of Veterans Affairs, the Attorney General, and the Special Counsel each have electronic access to the case files reviewed under this chapter by the Secretary, the Secretary of Defense, the Attorney General, and the Special Counsel.'.CommentsClose CommentsPermalink





(d) Effective Date- The amendments made by this section shall apply with respect to each report required under such section 4332 after the date of the enactment of this Act.CommentsClose CommentsPermalink