Military Personnel: Considerations Related to Extending
Demonstration Project on Servicemembers' Employment Rights Claims
(31-OCT-07, GAO-08-229T).
The Uniformed Services Employment and Reemployment Rights Act of
1994 (USERRA) protects the employment and reemployment rights of
federal and nonfederal employees who leave their employment to
perform military or other uniformed service. Under a
demonstration project from February 8, 2005, through September
30, 2007, and subsequently extended through November 16, 2007,
the Department of Labor (DOL) and the Office of Special Counsel
(OSC) share responsibility for receiving and investigating USERRA
claims and seeking corrective action for federal employees. In
July 2007, GAO reported on its review of the operation of the
demonstration project through September 2006. This testimony
describes the findings of our work and actions taken to address
our recommendations. In response to the request from Congress,
GAO also presents views on (1) factors to consider in deciding
whether to extend the demonstration project and the merits of
conducting a follow-up review and (2) options available if the
demonstration is not extended. In preparing this statement, GAO
interviewed officials from DOL and OSC to update actions taken on
recommendations from our July 2007 report and developments since
we conducted that review.
-------------------------Indexing Terms-------------------------
REPORTNUM: GAO-08-229T
ACCNO: A77807
TITLE: Military Personnel: Considerations Related to Extending
Demonstration Project on Servicemembers' Employment Rights Claims
DATE: 10/31/2007
SUBJECT: Claims
Claims processing
Claims settlement
Databases
Executive agencies
Federal employees
Investigations into federal agencies
Policy evaluation
Program evaluation
Reemployment
Veterans employment programs
Policies and procedures
******************************************************************
** This file contains an ASCII representation of the text of a **
** GAO Product. **
** **
** No attempt has been made to display graphic images, although **
** figure captions are reproduced. Tables are included, but **
** may not resemble those in the printed version. **
** **
** Please see the PDF (Portable Document Format) file, when **
** available, for a complete electronic file of the printed **
** document's contents. **
** **
******************************************************************
GAO-08-229T
* [1]USERRA Claims Processing under the Demonstration Project
* [2]Key Findings on the Demonstration Project and Actions Taken
* [3]Agencies Used Two Models for Processing USERRA Claims
* [4]VETS Is Taking Action to Help Ensure That It Consistently No
* [5]Number of Claims and Average Processing Time under the Demon
* [6]Data Limitations at Both Agencies
* [7]DOL Has a Lengthy Two-Phase Review Process before Claims Are
* [8]Considerations Related to Extending the Demonstration Projec
* [9]GAO's Mission
* [10]Obtaining Copies of GAO Reports and Testimony
* [11]Order by Mail or Phone
* [12]To Report Fraud, Waste, and Abuse in Federal Programs
* [13]Congressional Relations
* [14]Public Affairs
* [15]PDF6-Ordering Information-Young-10-25-07.pdf
* [16]GAO's Mission
* [17]Obtaining Copies of GAO Reports and Testimony
* [18]Order by Mail or Phone
* [19]To Report Fraud, Waste, and Abuse in Federal Programs
* [20]Congressional Relations
* [21]Public Affairs
Testimony
Before the Committee on Veterans' Affairs, U.S. Senate
United States Government Accountability Office
GAO
For Release on Delivery
Expected at 9:30 a.m. EDT
Wednesday, October 31, 2007
MILITARY PERSONNEL
Considerations Related to Extending Demonstration Project on
Servicemembers' Employment Rights Claims
Statement of George H. Stalcup, Director
Strategic Issues
GAO-08-229T
Chairman Akaka, Senator Burr, and Members of the Committee:
I am pleased to be here today to discuss the results from our review of a
demonstration project established by the Veterans Benefits Improvement Act
of 2004 (VBIA),1 related to servicemember rights under the Uniformed
Services Employment and Reemployment Rights Act of 1994 (USERRA),2 which
protects the employment and reemployment rights of federal and nonfederal
employees who leave their employment to perform military or other
uniformed service. USERRA also prohibits discrimination in employment
against individuals because of their uniformed service, obligation to
perform service, or membership or application for membership in the
uniformed services. USERRA further prohibits employer retaliation against
any individual who engages in protected activity under USERRA, regardless
of whether the individual has performed service in the uniformed services.
USERRA applies to a wide range of employers, including federal, state, and
local governments as well as private sector firms. The demonstration
project authorized the Office of Special Counsel (OSC) along with the
Department of Labor (DOL) to receive and investigate certain federal
employee USERRA claims. DOL's Veterans' Employment and Training Service
(VETS) investigates and attempts to resolve USERRA claims. In July, we
issued a report responding to a mandate in VBIA on our evaluations of the
demonstration project.3 Our report focused on agency (1) processes, (2)
outcomes, and (3) major changes during the demonstration project.
For today's hearing, I will discuss
o USERRA claims processing under the demonstration project for
servicemembers of federal executive branch agencies,4
o the findings of our work and actions taken to address our
recommendations, and
o considerations related to extending the demonstration project.
For our July 2007 report, we reviewed relevant documentation and
interviewed knowledgeable DOL and OSC officials on their policies
and procedures for processing federal employees' USERRA claims
under the demonstration project. We also reviewed and analyzed
data from VETS's database, the USERRA Information Management
System,5 and OSC's case tracking system, OSC 2000,6 from the start
of the demonstration project on February 8, 2005, through fiscal
year 2006. We also assessed the reliability of selected data
elements on federal employee claims from VETS's database and OSC's
case tracking system by tracing a statistically random sample of
data to source case files.7 We did not assess the quality of the
claims' investigations or the quality of the outcomes of those
investigations. Considerations related to extending the
demonstration are based on our knowledge of the demonstration
project and requirements for effective program evaluation. We
conducted our work for this statement in October 2007 in
accordance with generally accepted government auditing standards.
USERRA Claims Processing under the Demonstration Project
Under a demonstration project established by VBIA, from February
8, 2005, through September 30, 2007, and subsequently extended
through November 16, 2007,8 OSC and DOL share responsibility for
receiving and investigating USERRA claims and seeking corrective
action for federal employees. While the legislation did not
establish specific goals for the demonstration project, the
language mandating that GAO conduct a review suggested that
duplication of effort and delays in processing cases were of
concern to Congress.9
The demonstration project gave OSC, an independent investigative
and prosecutorial agency, authority to receive and investigate
claims for federal employees whose social security numbers end in
odd numbers. VETS investigated claims for individuals whose social
security numbers end in even numbers. Under the demonstration
project, OSC conducts an investigation of claims assigned to
determine whether the evidence is sufficient to resolve the
claimants' USERRA allegations and, if so, seeks voluntary
corrective action from the involved agency or initiates legal
action against the agency before the Merit Systems Protection
Board (MSPB).10 For claims assigned to DOL, VETS conducts an
investigation, and if it cannot resolve a claim, DOL is to inform
claimants that they may request to have their claims referred to
OSC.11
OSC's responsibility under USERRA for conducting independent
reviews of referred claims after they are investigated but not
resolved by VETS remained unchanged during the demonstration
project. Before sending the referred claim to OSC, two additional
levels of review take place within DOL. After OSC receives the
referred claim from DOL, it reviews the case file, and if
satisfied that the evidence is sufficient to resolve the
claimant's allegations and that the claimant is entitled to
corrective action, OSC begins negotiations with the claimant's
federal executive branch employer. According to OSC, if an
agreement for full relief via voluntary settlement by the employer
cannot be reached, OSC may represent the servicemember before
MSPB. If MSPB rules against the servicemember, OSC may appeal the
decision to the U.S. Court of Appeals for the Federal Circuit. In
instances where OSC finds that referred claims do not have merit,
it informs servicemembers of its decision not to represent them
and that they have the right to take their claims to MSPB without
OSC representation. Figure 1 depicts USERRA claims' processing
under the demonstration project.
1See section 204 of Pub. L. No. 108-454, 118 Stat. 3598, 3606-3608, 38
U.S.C. S 4301 note.
2Pub. L. No. 103-353, 108 Stat. 3149, 38 U.S.C. SS 4301-4334.
3GAO, Military Personnel: Improved Quality Controls Needed over
Servicemembers' Employment Rights Claims at DOL, [22]GAO-07-907
(Washington, D.C.: July 20, 2007).
4USERRA rights extend to servicemembers who are federal employees, prior
employees of, and applicants to federal executive branch agencies.
Servicemembers include members of the National Guard and Reserves. For
purposes of this testimony, we are using the term servicemember, although
individuals who are not servicemembers (or who have merely applied to
become a servicemember) may also be protected by USERRA's discrimination
and retaliation prohibitions.
5The USERRA Information Management System is a Web-based case management
and reporting tool implemented by VETS in October 1996 that allows for
automated collection and investigator input of information regarding
USERRA claims and generation of reports for analysis of USERRA operations
and outcomes.
6OSC 2000 was implemented by OSC in July 1999 and was designed to capture
and record data from the initial filing of a claim until the closure and
archiving of the case file and allows for queries that create a number of
management and workload reports.
7The period of the sample was from the start of the demonstration project
on February 8, 2005, through July 21, 2006. Unless otherwise stated, the
data were sufficiently reliable for the purposes of our review.
8See section 130 of Pub. L. No. 110-92 (Sept. 29, 2007).
9See section 204 of Pub. L. No. 108-454, 118 Stat. 3598, 3606-3608, 38
U.S.C. S 4301 note.
10An independent, quasi-judicial agency in the executive branch, MSPB
serves as the guardian of federal merit principles.
11DOL is also to inform claimants that they may file a complaint directly
with the MSPB. If DOL/VETS cannot resolve nonfederal USERRA claims, DOL is
to inform claimants that they may request to have their claims referred to
the U.S. Attorney General. The Department of Justice prosecutes nonfederal
sector USERRA claims.
Figure 1: USERRA Claims Processing under the Demonstration Project
Note: VBIA did not change VETS's formal investigative process or the
referral phase under the demonstration project.
aOSC is also authorized to handle any USERRA claim where OSC has authority
to handle a related claim--that is, one alleging a related prohibited
personnel practice--brought by the USERRA claimant.
Key Findings on the Demonstration Project and Actions Taken to Address
Recommendations
Under the demonstration project, VETS and OSC used two different models to
investigate federal employee USERRA claims. Both DOL and OSC officials
have said that cooperation and communication increased between the two
agencies concerning USERRA claims, raising awareness of the issues related
to servicemembers who are federal employees. In addition, technological
enhancements have occurred, primarily on the part of VETS since the
demonstration project. For example, at VETS, an enhancement to its
database enables the electronic transfer of information between agencies
and the electronic filing of USERRA claims. However, we found that DOL did
not consistently notify claimants concerning the right to have their
claims referred to OSC for further investigation or to bring their claims
directly to MSPB if DOL did not resolve their claims. We also found data
limitations at both agencies that made claim outcome data unreliable. DOL
agreed with our findings and recommendations and has begun to take
corrective action.
Agencies Used Two Models for Processing USERRA Claims
Since the start of the demonstration project on February 8, 2005, both
DOL/VETS and OSC had policies and procedures for receiving, investigating,
and resolving USERRA claims against federal executive branch employers.
Table 1 describes the two models we reported DOL and OSC using to process
USERRA claims.
Table 1: Characteristics of DOL's and OSC's USERRA Claims' Processing
Models
Characteristic DOL OSC
Structure of office Nationwide network with over Centralized USERRA Unit
100 investigators working within OSC headquarters
together on fact-finding at with the Unit Chief,
VETS's offices in each state, three investigators,
six regional offices, and one and three attorneys
national office. working together on
fact-finding and legal
analysis at the time of
our review.a
Responsibilities of Investigators process both Investigators and
staff federal and nonfederal USERRA attorneys process
and veteran's preference federal employees'
claims,b provide outreach and USERRA claims, process
education to servicemembers prohibited personnel
(at mobilizations and practice claims filed
demobilizations) and employers by servicemembers, and
(federal and nonfederal), and provide outreach and
respond to informal requests education to employees
for information. and employers.
Investigative Investigators are to Investigators or
approach investigate and attempt to attorneys are to
resolve claims, prepare an investigate and attempt
investigative plan for claims to resolve claims,
taking more than 30 days, and prepare a summary of
send a letter notifying investigation with
claimant of the determination. supporting
For referrals, investigators documentation, and
prepare a memorandum of provide a detailed
referral with supporting letter to each claimant
documentation. Attorneys from (and for a claim with
the Office of the Solicitor merit, to the agency)
are available for containing the factual
consultations during an and legal basis for its
investigation if an conclusions.
investigator has a question or
needs legal assistance, but
attorneys are not assigned to
every case.c
Oversight There is no required internal At the time of our
review of investigative review, the USERRA Unit
findings and closure letters Chief provided ongoing
prior to closure letters being guidance, reviewed all
sent to the claimant. work products in a
case, and reviewed and
VETS senior investigators are approved the letter
to review claims taking longer notifying the claimant
than 90 days and a random of OSC's determination
sample of 25 percent of all and, in a case with
closed claims and 10 percent merit, the letter to
of all open claims at the the agency, prior to
regional level. sending the letters.
Source: GAO.
Note: VBIA did not change VETS's formal investigative process or the
referral phase under the demonstration project.
aSince our report was issued, OSC now has seven attorneys and two
investigators. bUnder the Veterans Employment Opportunities Act of 1998,
Pub. L. No. 105-339 (Oct. 31, 1998), an individual who believes his or her
preference rights have been violated may file a complaint with VETS within
60 days after the alleged violation, and if VETS's efforts do not result
in resolution of the complaint, the individual may appeal the matter to
MSPB, 5 U.S.C. S 3330a. cAn official from DOL's Office of the Solicitor
said that attorneys from the office are only assigned when contacted by
VETS investigators or when a regional office is contacted by the public.
He added that an attorney from the Office of the Solicitor is assigned to
every case that is a referral, which involves a legal review of a
completed case file.
VETS Is Taking Action to Help Ensure That It Consistently Notifies Claimants of
the Right to Referral
Once a VETS investigator completes an investigation and arrives at a
determination on a claim, the investigator is to contact the claimant,
discuss the findings, and send a letter to the claimant notifying him or
her of VETS's determination. When VETS is unsuccessful in resolving
servicemembers' claims, DOL is to notify servicemembers who filed claims
against federal executive branch agencies that they may request to have
their claims referred to OSC or file directly with MSPB. Our review of a
random sample of claims showed that for claims VETS was not successful in
resolving (i.e., claims not granted or settled), VETS (1) failed to notify
half the claimants in writing, (2) correctly notified some claimants, (3)
notified others of only some of their options, and (4) incorrectly advised
some claimants of a right applicable only to nonfederal claimants--to have
their claims referred to the Department of Justice or to bring their
claims directly to federal district court. In addition, we found that the
VETS USERRA Operations Manual failed to provide clear guidance to VETS
investigators on when to notify servicemembers of their rights and the
content of the notifications. VETS had no internal process to routinely
review investigators' determinations before claimants are notified of
them. According to a VETS official, there was no requirement that a
supervisor review investigators' determinations before notifying the
claimant of the determination. In addition, legal reviews by a DOL
regional Office of the Solicitor occurred only when a claimant requested
to have his or her claim referred to OSC. A VETS official estimated that
about 7 percent of claimants ask for their claims to be referred to OSC
or, for nonfederal servicemembers, to the Department of Justice.
During our review, citing our preliminary findings, DOL officials required
each region to revise its guidance concerning the notification of rights.
Since that time, DOL has taken the following additional actions:
o reviewed and updated policy changes to incorporate into the
revised Operations Manual and prepared the first draft of the
revised Manual;
o issued a memo in July 2007 from the Assistant Secretary for
Veteran's Employment and Training to regional administrators,
senior investigators, and directors requiring case closing
procedure changes, including the use of standard language to help
ensure that claimants (federal and nonfederal) are apprised of
their rights; and
o began conducting mandatory training on the requirements
contained in the memo in August 2007.
In addition, according to DOL officials, beginning in January
2008, all claims are to be reviewed before the closure letter is
sent to the claimant. These are positive steps. It is important
for DOL to follow through with its plans to complete revisions to
its USERRA Operations Manual, which according to DOL officials is
expected in January 2008, to ensure that clear and uniform
guidance is available to all involved in processing USERRA claims.
Number of Claims and Average Processing Time under the Demonstration
Project
Our review of data from VETS's database showed that from the start
of the demonstration project on February 8, 2005, through
September 30, 2006, VETS investigated a total of 166 unique
claims. We reviewed a random sample of case files to assess the
reliability of VETS's data and found that the closed dates in
VETS's database were not sufficiently reliable. Therefore, we
could not use the dates for the time VETS spent on investigations
in the database to accurately determine DOL's average processing
time. Instead, we used the correct closed dates from the case
files in our random sample and statistically estimated the average
processing time for VETS's investigations from the start of the
demonstration project through July 21, 2006--the period of our
sample. Based on the random sample, there is at least a 95 percent
chance that VETS's average processing time for investigations
ranged from 53 to 86 days. During the same period, OSC received
269 claims and took an average of 115 days to process these
claims. We found the closed dates in OSC's case tracking system to
be sufficiently reliable.
In his July 2007 memo discussed above, the Assistant Secretary for
Veteran's Employment and Training also instructed regional
administrators, senior investigators, and directors that
investigators are to ensure that the closed date of each USERRA
case entered in VETS's database matches the date on the closing
letter sent to the claimant.
Data Limitations at Both Agencies
We found data limitations at both agencies that affected our
ability to determine outcomes of the demonstration project and
could adversely affect Congress's ability to assess how well
federal USERRA claims are processed and whether changes are
needed. At VETS, we found an overstatement in the number of claims
and unreliable data in the VETS's database. From February 8, 2005,
through September 30, 2006, VETS received a total of 166 unique
claims, although 202 claims were recorded as opened in VETS's
database. Duplicate, reopened, and transferred claims accounted
for most of this difference. Also, in our review of a random
sample of case files,12 we found
o the dates recorded for case closure in VETS's database did not
reflect the dates on the closure letters in 22 of 52 claims
reviewed, so using the correct dates from the sample, we
statistically estimated average processing time, and
o the closed code, which VETS uses to describe the outcomes of
USERRA claims (i.e., claim granted, claim settled, no merit,
withdrawn) was not sufficiently reliable for reporting specific
outcomes of claims.
At OSC, we assessed the reliability of selected data elements in
OSC's case tracking system in an earlier report and found that the
corrective action data element, which would be used for
identifying the outcomes of USERRA claims, was not sufficiently
reliable.13
DOL Has a Lengthy Two-Phase Review Process before Claims Are
Referred to OSC
We separately reviewed those claims that VETS investigated but
could not resolve and for which claimants requested referral of
their claims to OSC. For these claims, two sequential DOL reviews
take place: a VETS regional office prepares a report of the
investigation, including a recommendation on the merits and a
regional Office of the Solicitor conducts a separate legal
analysis and makes an independent recommendation on the merits.
From February 8, 2005, through September 30, 2006, 11 claimants
asked VETS to refer their claims to OSC. Of those 11 claims, 6
claims had been reviewed by both a VETS regional office and a
regional Office of the Solicitor and sent to OSC.14 For those 6
claims, from initial VETS investigation through the VETS regional
office and regional Office of the Solicitor reviews, it took an
average of 247 days or about 8 months before the Office of the
Solicitor sent the claims to OSC.15 Of the 6 referred claims that
OSC received from DOL during the demonstration project, as of
September 30, 2006, OSC declined to represent the claimant in 5
claims and was still reviewing 1 of them, taking an average of 61
days to independently review the claims and determine if the
claims had merit and whether to represent the claimants.
12The period of the random sample covered February 8, 2005, through July
21, 2006.
13GAO, Office of Special Counsel Needs to Follow Structured Life Cycle
Management Practices for Its Case Tracking System, [23]GAO-07-318R
(Washington, D.C.: Feb. 16, 2007).
14The remaining five claims were still at DOL as of September 30, 2006.
15Because of the data limitations concerning the reliability of
investigations' closed dates in VETS's database, it was not possible to
isolate the length of time for the two additional reviews.
Considerations Related to Extending the Demonstration Project
You asked us about factors that could be considered in deciding
whether to extend the demonstration project and to conduct a
follow-up review. If the demonstration project were to be
extended, it would be important to have clear objectives.
Legislation creating the current demonstration project was not
specific in terms of the objectives to be achieved. Having clear
objectives would be important for the effective implementation of
the extended demonstration project and would facilitate a
follow-on evaluation. In this regard, our report provides baseline
data that could inform this evaluation. Given adequate time and
resources, an evaluation of the extended demonstration project
could be designed and tailored to provide information to inform
congressional decision making.
Congress also may want to consider some potential benefits and
limitations associated with options available if the demonstration
is not extended. Table 2 presents two potential actions that could
be taken and examples of potential benefits and limitations of
each. The table does not include steps, such as enabling
legislation that might be associated with implementing a
particular course of action.
Table 2: Examples of Potential Actions and Potential Benefits and
Limitations with Respect to Processing Federal USERRA Claims
Potential action Potential benefit Potential limitation
Return to DOL has an DOL is taking a number of
pre-demonstration infrastructure in actions to correct
status (i.e., DOL place. deficiencies in notifying
receives and servicemembers of their
investigates all All USERRA claims, rights and to implement
claims) federal and nonfederal, controls to help improve
would be processed by the quality of the data on
the same agency. the number of cases,
outcomes, and the time to
investigate claims. The
effectiveness of these
actions has not been
determined.
Give OSC authority to OSC has institutional OSC would need to "stand
receive and investigate experience from up" a more robust
all federal claims enforcement of statutes infrastructure to handle
to protect federal all USERRA cases, which
employees from may include hiring and
prohibited personnel training additional staff
practices, which as well as additional
according to OSC, are operating expenses.
similar to USERRA
claims. A significant increase in
the number of claims to be
This eliminates two processed may also
extra reviews at DOL necessitate a change to
under current system the oversight structure
for referrals of that OSC used during our
federal claims. review of the
demonstration project,
which relied heavily on
the actions of one
individual.
Source: GAO analysis.
At a time when the nation's attention is focused on those who serve our
country, it is important that employment and reemployment rights are
protected for federal servicemembers who leave their employment to perform
military or other uniformed service. Addressing the deficiencies that we
identified during our review, including correcting inaccurate and
unreliable data, is a key step to ensuring that servicemembers' rights
under USERRA are protected. While DOL is taking positive actions in this
regard, it is important that these efforts are carried through to
completion.
Chairman Akaka, Senator Burr, and Members of the Committee, this concludes
my prepared statement. I would be pleased to respond to any questions that
you may have.
For further information regarding this statement, please contact George
Stalcup, Director, Strategic Issues, at (202) 512-9490 or
[24][email protected] . Contact points for our Offices of Congressional
Relations and Public Affairs may be found on the last page of this
testimony. Individuals making key contributions to this statement included
Belva Martin, Assistant Director; Karin Fangman; Tamara F. Stenzel; Kiki
Theodoropoulos; and Greg Wilmoth.
(450638)
This is a work of the U.S. government and is not subject to copyright
protection in the United States. It may be reproduced and distributed in
its entirety without further permission from GAO. However, because this
work may contain copyrighted images or other material, permission from the
copyright holder may be necessary if you wish to reproduce this material
separately.
To view the full product, including the scope
and methodology, click on [25]GAO-08-229T .
For more information, contact George H. Stalcup at (202) 512-9490 or
[email protected].
Highlights of [26]GAO-08-229T , a testimony before the Committee on
Veterans' Affairs, U.S. Senate
October 31, 2007
MILITARY PERSONNEL
Considerations Related to Extending Demonstration Project on
Servicemembers' Employment Rights Claims
The Uniformed Services Employment and Reemployment Rights Act of 1994
(USERRA) protects the employment and reemployment rights of federal and
nonfederal employees who leave their employment to perform military or
other uniformed service.
Under a demonstration project from February 8, 2005, through September 30,
2007, and subsequently extended through November 16, 2007, the Department
of Labor (DOL) and the Office of Special Counsel (OSC) share
responsibility for receiving and investigating USERRA claims and seeking
corrective action for federal employees.
In July 2007, GAO reported on its review of the operation of the
demonstration project through September 2006. This testimony describes the
findings of our work and actions taken to address our recommendations. In
response to your request, we also present GAO's views on (1) factors to
consider in deciding whether to extend the demonstration project and the
merits of conducting a follow-up review and (2) options available if the
demonstration is not extended.
In preparing this statement, GAO interviewed officials from DOL and OSC to
update actions taken on recommendations from our July 2007 report and
developments since we conducted that review.
Under the demonstration project, OSC receives and investigates claims for
federal employees whose social security numbers end in odd numbers; DOL
investigates claims for individuals whose social security numbers end in
even numbers. Among GAO's findings were the following:
o DOL and OSC use two different models to investigate federal
USERRA claims, with DOL using a nationwide network and OSC using a
centralized approach, mainly within its headquarters.
o Since the demonstration project began, both DOL and OSC
officials have said that cooperation and communication increased
between the two agencies concerning USERRA claims, raising
awareness of the issues related to servicemembers who are federal
employees.
o DOL did not consistently notify claimants concerning the right
to have their claims referred to OSC for further investigation or
to bring their claims directly to the Merit Systems Protection
Board if DOL did not resolve their claims.
o DOL had no internal process to routinely review investigators'
determinations before claimants were notified of them.
o Data limitations at both agencies made claim outcome data
unreliable.
DOL officials agreed with GAO's findings and recommendations and are
taking actions to address the recommendations. In July 2007, DOL issued
guidance concerning case closing procedures, including standard language
to ensure that claimants (federal and nonfederal) are apprised of their
rights,and began conducting mandatory training on the guidance in August
2007. In addition, according to DOL officials, beginning in January 2008,
all claims are to be reviewed before the closure letter is sent to the
claimant. These are positive steps and it will be important for DOL to
follow through with these and other actions.
If the demonstration project were to be extended, it would be important
that clear objectives be set. Legislation creating the current
demonstration project was not specific in terms of the objectives to be
achieved. Clear project objectives would also facilitate a follow-on
evaluation. In this regard, GAO's July 2007 report provides baseline data
that could inform this evaluation. Given adequate time and resources, an
evaluation of the extended demonstration project could be designed and
tailored to provide information to inform congressional decision making.
GAO also presents potential benefits and limitations associated with
options available if the demonstration project is not extended.
GAO's Mission
The Government Accountability Office, the audit, evaluation, and
investigative arm of Congress, exists to support Congress in meeting its
constitutional responsibilities and to help improve the performance and
accountability of the federal government for the American people. GAO
examines the use of public funds; evaluates federal programs and policies;
and provides analyses, recommendations, and other assistance to help
Congress make informed oversight, policy, and funding decisions. GAO's
commitment to good government is reflected in its core values of
accountability, integrity, and reliability.
Obtaining Copies of GAO Reports and Testimony
The fastest and easiest way to obtain copies of GAO documents at no cost
is through GAO's Web site ( [27]www.gao.gov ). Each weekday, GAO posts
newly released reports, testimony, and correspondence on its Web site. To
have GAO e-mail you a list of newly posted products every afternoon, go to
[28]www.gao.gov and select "E-mail Updates."
Order by Mail or Phone
The first copy of each printed report is free. Additional copies are $2
each. A check or money order should be made out to the Superintendent of
Documents. GAO also accepts VISA and Mastercard. Orders for 100 or more
copies mailed to a single address are discounted 25 percent. Orders should
be sent to:
U.S. Government Accountability Office 441 G Street NW, Room LM Washington,
DC 20548
To order by Phone: Voice: (202) 512-6000
TDD: (202) 512-2537
Fax: (202) 512-6061
To Report Fraud, Waste, and Abuse in Federal Programs
Contact:
Web site: [29]www.gao.gov/fraudnet/fraudnet.htm
E-mail: [30][email protected]
Automated answering system: (800) 424-5454 or (202) 512-7470
Congressional Relations
Gloria Jarmon, Managing Director, [31][email protected] , (202) 512-4400
U.S. Government Accountability Office, 441 G Street NW, Room 7125
Washington, DC 20548
Public Affairs
Chuck Young, Managing Director, [32][email protected] , (202) 512-4800 U.S.
Government Accountability Office, 441 G Street NW, Room 7149 Washington,
DC 20548
References
Visible links
22. http://www.gao.gov/cgi-bin/getrpt?GAO-07-907
23. http://www.gao.gov/cgi-bin/getrpt?GAO-07-318R
24. mailto:[email protected]
25. http://www.gao.gov/cgi-bin/getrpt?GAO-08-229T
26. http://www.gao.gov/cgi-bin/getrpt?GAO-08-229T
27. http://www.gao.gov/
28. http://www.gao.gov/
29. http://www.gao.gov/fraudnet/fraudnet.htm
30. mailto:[email protected]
31. mailto:[email protected]
32. mailto:[email protected]
*** End of document. ***