REFORM OF USERRA COMPLAINT PROCESS.

SEC. 311. REFORM OF USERRA COMPLAINT PROCESS.(a) Notification of Rights With Respect to Complaints.—Subsection (c) of section 4322 is amended to read as follows:“(c)(1) Not later than five days after the Secretary receives a complaint submitted by a person under subsection (a), the Secretary shall notify such person in writing of his or her rights with respect to such complaint under this section and section 4323 or 4324, 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) Notification of Results of Investigation in Writing.—Subsection (e) of such section is amended by inserting “in writing” after “submitted the complaint”.(c) Expedition of Attempts To Investigate and Resolve Complaints.—Section 4322 is further 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.”.(d) Expedition of Referrals.—(1) Expedition of referrals to attorney general.—Section 4323(a)(1) is amended by inserting “Not later than 60 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.”.122 STAT. 4163(2) Expedition of referrals to special counsel.—Section 4324(a)(1) is amended by striking “The Secretary shall refer” and inserting “Not later than 60 days after the date the Secretary receives such a request, the Secretary shall refer”.(e) Notification of Representation.—(1) Notification by attorney general.—Section 4323(a) is further 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 60 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 in writing of such decision.”.(2) Notification by special counsel.—Subparagraph (B) of section 4324(a)(2) is amended to read as follows:“(B) Not later than 60 days after the date the Special Counsel receives a referral under paragraph (1), the Special Counsel shall—“(i) make a decision whether to represent a person before the Merit Systems Protection Board under subparagraph (A); and“(ii) notify such person in writing of such decision.”.(f) Deadlines, Statutes of Limitations, and Related Matters.—(1) In general.—Subchapter III of chapter 43 is amended by adding at the end the following new section:“§ 4327. Noncompliance of Federal officials with deadlines; inapplicability of statutes of limitations“(a) Effect of Noncompliance of Federal Officials With Deadlines.—(1) The inability of the Secretary, the Attorney General, or the Special Counsel to comply with a deadline applicable to such official under section 4322, 4323, or 4324 of this title—“(A) shall not affect the authority of the Attorney General or the Special Counsel to represent and file an action or submit a complaint on behalf of a person under section 4323 or 4324 of this title;“(B) shall not affect the right of a person—“(i) to commence an action under section 4323 of this title;“(ii) to submit a complaint under section 4324 of this title; or“(iii) to obtain any type of assistance or relief authorized by this chapter;“(C) shall not deprive a Federal court, the Merit Systems Protection Board, or a State court of jurisdiction over an action or complaint filed by the Attorney General, the Special Counsel, or a person under section 4323 or 4324 of this title; and“(D) shall not constitute a defense, including a statute of limitations period, that any employer (including a State, a private employer, or a Federal executive agency) or the Office of Personnel Management may raise in an action filed by the 122 STAT. 4164 Attorney General, the Special Counsel, or a person under section 4323 or 4324 of this title.“(2) If the Secretary, the Attorney General, or the Special Counsel is unable to meet a deadline applicable to such official in section 4322(f), 4323(a)(1), 4323(a)(2), 4324(a)(1), or 4324(a)(2)(B) of this title, and the person agrees to an extension of time, the Secretary, the Attorney General, or the Special Counsel, as the case may be, shall complete the required action within the additional period of time agreed to by the person.“(b) Inapplicability of Statutes of Limitations.—If any person seeks to file a complaint or claim with the Secretary, the Merit Systems Protection Board, or a Federal or State court under this chapter alleging a violation of this chapter, there shall be no limit on the period for filing the complaint or claim.” .(2) Clerical amendment.—The table of sections at the beginning of chapter 43 is amended by inserting after the item relating to section 4326 the following new item: “4327. Noncompliance of Federal officials with deadlines; inapplicability of statutes of limitations.”. (3) Conforming amendment.—Section 4323 is further amended—(A) by striking subsection (i); and(B) by redesignating subsection (j) as subsection (i).