Pub. L. 110-389, tit. III, subtit. A, sec. 312

MODIFICATION AND EXPANSION OF REPORTING REQUIREMENTS WITH RESPECT TO ENFORCEMENT OF USERRA.

EnactedYear: 2008Length: 969 wordsOfficial source
SEC. 312. MODIFICATION AND EXPANSION OF REPORTING REQUIREMENTS WITH RESPECT TO ENFORCEMENT OF USERRA.(a) Date of Annual Reports.—Section 4332 is amended by striking “and no later than February 1, 2005” and all that follows through the “such February 1:” and inserting “, transmit to Congress not later than July 1 each year a report on matters for the fiscal year ending in the year before the year in which such report is transmitted as follows:”.(b) Modification of Annual Reports by Secretary.—Such section is further amended—(1) by striking “The Secretary shall” and inserting “(a) Annual Report by Secretary.—The Secretary shall”;(2) in paragraph (3), by inserting before the period at the end the following: “and the number of actions initiated by the Office of Special Counsel before the Merit Systems Protection Board pursuant to section 4324 during such fiscal year”;(3) by redesignating paragraphs (6) and (7) as paragraphs (9) and (10), respectively;(4) by inserting after paragraph (5) the following new paragraph (8):“(8) With respect to the cases reported on pursuant to paragraphs (1), (2), (3), (4), and (5) the number of such cases that involve persons with different occupations or persons seeking different occupations, as designated by the Standard Occupational Classification System.”.(5) by redesignating paragraph (5) as paragraph (7);(6) by inserting after paragraph (4) the following new paragraphs (5) and (6):“(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.122 STAT. 4165“(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; and“(B) the number of such cases that involve a person who has a service-connected disability.”; and(7) in paragraph (7), as redesignated by paragraph (5) of this subsection, by striking “or (4)” and inserting “(4), or (5)”.(c) Additional Reports.—Such section is further amended by adding at the end the following new subsection:“(b) Quarterly Reports.—“(1) Quarterly report by secretary.—Not later than 30 days after the end of each fiscal quarter, the Secretary shall submit to Congress, the Secretary of Defense, the Attorney General, and the Special Counsel a report setting forth, for the previous full quarter, the following:“(A) The number of cases for which the Secretary did not meet the requirements of section 4322(f) of this title.“(B) 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.“(2) Quarterly report by attorney general.—Not later than 30 days after the end of each fiscal quarter, the Attorney General shall submit to Congress, the Secretary, the Secretary of Defense, and the Special Counsel a report setting forth, for the previous full quarter, 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 section 4323(a) of this title for such referral.“(3) Quarterly report by special counsel.—Not later than 30 days after the end of each fiscal quarter, the Special Counsel shall submit to Congress, the Secretary, the Secretary of Defense, and the Attorney General a report setting forth, for the previous full quarter, 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 section 4324(a) of this title for such referral.”.(d) Uniform Categorization of Data.—Such section 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 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 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 with due regard for the provisions of section 552a of title 5.”.(e) Comptroller General Report.—Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that contains the following:122 STAT. 4166(1) An assessment of the reliability of the data contained in the reports submitted under subsection (b) of section 4332 of title 38, United States Code (as amended by subsection (c) of this section), as of the date of such report.(2) An assessment of the timeliness of the reports submitted under subsection (b) of section 4332 of title 38, United States Code (as so amended), as of such date.(3) The extent to which the Secretary of Labor is meeting the timeliness requirements of subsections (c)(1) and (f) of section 4322 of title 38, United States Code (as amended by section 311 of this Act), and section 4323(a)(1) of title 38, United States Code (as so amended), as of the date of such report.(4) The extent to which the Attorney General is meeting the timeliness requirements of section 4323(a)(2) of title 38, United States Code (as amended by section 311 of this Act), as of the date of such report.(5) The extent to which the Special Counsel is meeting the timeliness requirements of section 4324(a)(2)(B) of title 38, United States Code (as amended by section 311 of this Act), as of the date of such report.(f) Effective Date.—The amendments made by this section shall apply with respect to each report required under section 4332 of title 38, United States Code (as amended by this section), after the date of the enactment of this Act.
Pub. L. 110-389, tit. III, subtit. A, sec. 312: MODIFICATION AND EXPANSION OF REPORTING REQUIREMENTS WITH RESPECT TO ENFORCEMENT OF USERRA. | Justis AI