[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2471 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2471

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           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' Affairs

_______________________________________________________________________

                                 A BILL


 
 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.

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

SECTION 1. SHORT TITLE.

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

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:
    ``(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.
    ``(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.''.
    (b) Expedition of Attempts To Investigate and Resolve Complaints.--
Section 4322 of such title is amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following new 
        subsection (f):
    ``(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.''.
    (c) Expedition of Referrals.--
            (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.''.
            (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''.
    (d) Notification of Representation.--
            (1) Notification by attorney general.--Section 4323(a) of 
        such title is amended--
                    (A) by redesignating paragraph (2) as paragraph 
                (3); and
                    (B) by inserting after paragraph (1) the following 
                new paragraph (2):
    ``(2) Not later than 45 days after the date the Attorney General 
receives a referral under paragraph (1), the Attorney General shall--
            ``(A) make a decision whether to appear on behalf of, and 
        act as attorney for, the person on whose behalf the complaint 
        is submitted; and
            ``(B) notify such person of such decision.''.
            (2) Notification by special counsel.--Section 4324(a)(2)(B) 
        of such title is amended to read as follows:
    ``(B) Not later than 45 days after the date the Special Counsel 
receives a referral under paragraph (1), the Special Counsel shall--
            ``(i) make a decision whether to initiate an action and 
        represent a person before the Merit Systems Protection Board 
        under subparagraph (A); and
            ``(ii) notify such person of such decision.''.

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--
            (1) by striking ``The Secretary shall'' and inserting ``(a) 
        Annual Report by Secretary.--The Secretary shall'';
            (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):
            ``(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.
            ``(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.
            ``(6) With respect to the cases reported on pursuant to 
        paragraphs (1), (2), (3), (4), and (5)--
                    ``(A) the number of such cases that involve a 
                disability-related issue;
                    ``(B) the number of such cases not described by 
                subparagraph (A) that involve a person seeking 
                employment or reemployment who has a disability; and
                    ``(C) with respect to subparagraphs (A) and (B) 
                separately, the number of each type of such 
                disabilities.'';
            (3) in paragraph (7), as so redesignated, by striking ``or 
        (3)'' and inserting ``(3), (4), or (5)''; and
            (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,''.
    (b) Quarterly Report by Comptroller General.--Such section 4332 is 
further amended by adding at the end the following new subsection:
    ``(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:
            ``(1) The number of cases for which the Secretary did not 
        meet the requirements of section 4322(f) of this title.
            ``(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.
            ``(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.
            ``(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.
            ``(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.''.
    (c) Uniform Categorization of Data.--Such section 4332 is further 
amended by adding at the end the following new subsection:
    ``(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--
            ``(1) the information in the reports required by this 
        section is categorized in a uniform way; and
            ``(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.''.
    (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.
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