Yesterday the House approved by voice vote S. 3023 (“Veterans’ Benefits Improvement Act of 2008”), to enhance the complaint process for the Uniformed Services Employment and Reemployment Rights Act (USERRA) and prohibit application of statutes of limitations to USERRA claims.  The Senate passed the bill by unanimous consent last week.  The bill will expedite the processing of USERRA claims by creating deadlines for agency responses.  In particular, the bill:

• Requires the Department of Labor’s Veterans’ Employment and Training Service (VETS) to complete its investigation and notify the employee of its results within 90 days of receiving a complaint; 
• Requires the VETS to refer a complaint to the Attorney General or Office of Special Counsel (OSC) within 60 days of receiving a complaint; and
• Requires the Attorney General or OSC to determine whether to provide legal representation to the employee and provide written notification to the employee on same within 60 days of receiving a referral.

The bill also calls for every federal agency to provide training to human resources personnel on employment and reemployment rights provided to federal employees under USERRA.