II 110th CONGRESS 1st Session S. 2471 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.
1.
Short title
This Act may be cited as the USERRA Enforcement Improvement Act of 2007.
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. .
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.