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Title III — Improving employment and reemployment rights of members of the uniformed services

S. 6 · 113th Congress · Jan 22, 2013 · Lineage

III Improving employment and reemployment rights of members of the uniformed services

Sec. 301 Enforcement of rights of members of uniformed services with respect to States and private employers

(a)
Action for relief— Subsection (a) of section 4323 of title 38, United States Code, is amended—
(1)
in paragraph (1)—
(A)
by striking “appear on behalf of, and act as attorney for, the person on whose behalf the complaint is submitted and”;
(B)
by striking “for such person”;
(C)
by striking the fourth sentence; and
(D)
by adding at the end the following: “The person on whose behalf the complaint is referred may, upon timely application, intervene in such action, and may obtain such appropriate relief as is provided in subsections (d) and (e).”;
(2)
by striking paragraph (2) and inserting the following new paragraph (2):

“(2)

“(A) Not later than 60 days after the date the Attorney General receives a referral under paragraph (1), the Attorney General shall transmit, in writing, to the person on whose behalf the complaint is submitted—

“(i) if the Attorney General has made a decision to commence an action for relief under paragraph (1) relating to the complaint of the person, notice of the decision; and

“(ii) if the Attorney General has not made such a decision, notice of when the Attorney General expects to make such a decision.

“(B) If the Attorney General notifies a person that the Attorney General expects to make a decision under subparagraph (A)(ii), the Attorney General shall, not later than 30 days after the date on which the Attorney General makes such decision, notify, in writing, the person of such decision.”

(3)
by redesignating paragraph (3) as paragraph (4);
(4)
by inserting after paragraph (2) the following new paragraph (3):

“(3) Whenever the Attorney General has reasonable cause to believe that a State (as an employer) or a private employer is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights and benefits provided for under this chapter, and that the pattern or practice is of such a nature and is intended to deny the full exercise of such rights and benefits, the Attorney General may commence an action for relief under this chapter.”

(5)
in paragraph (4), as redesignated by paragraph (3), by striking subparagraph (C) and inserting the following new subparagraph (C):

“(C) has been notified by the Attorney General that the Attorney General does not intend to commence an action for relief under paragraph (1) with respect to the complaint under such paragraph.”

(b)
Standing— Subsection (f) of such section is amended to read as follows:

“(f) Standing—An action under this chapter may be initiated only by the Attorney General or by a person claiming rights or benefits under this chapter under subsection (a).”

(c)
Conforming amendment— Subsection (h)(2) of such section is amended by striking “under subsection (a)(2)” and inserting “under paragraph (1) or (4) of subsection (a)”.

Sec. 302 Suspension, termination, or debarment of contractors for repeated violations of employment or reemployment rights of members of uniformed services

(a)
In general— Subchapter III of chapter 43 of title 38, United States Code, is amended by adding at the end the following new section:

“4328. Suspension, termination, or debarment of contractors

“(a) Grounds for suspension, termination, or debarment—Payment under a contract awarded by a Federal executive agency may be suspended and the contract may be terminated, and the contractor who made the contract with the agency may be suspended or debarred in accordance with the requirements of this section, if the head of the agency determines that the contractor as an employer has repeatedly been convicted of failing or refusing to comply with one or more provisions of this chapter.

“(b) Effect of debarment—A contractor debarred by a final decision under this section is ineligible for award of a contract by a Federal executive agency, and for participation in a future procurement by a Federal executive agency, for a period specified in the decision, not to exceed 5 years.”

(b)
Clerical amendment— The table of sections at the beginning of chapter 43 of such title is amended by inserting after the item relating to section 4327 the following new item:
(c)
Regulations— Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to carry out section 4328 of title 38, United States Code, as added by subsection (a).
(d)
Effective date— Section 4328 of title 38, United States Code, as added by subsection (a), shall apply with respect to failures and refusals to comply with provisions of chapter 43 of such title occurring on or after the date of the enactment of this Act.
(e)
Annual report— Section 4332(a) of such title is amended—
(1)
by redesignating paragraph (10) as paragraph (11); and
(2)
by inserting after paragraph (9) the following new paragraph (10):

“(10) The number of suspensions, terminations, and debarments under section 4328 of this title, disaggregated by the agency or department imposing the suspension or debarment.”

Sec. 303 Subpoena power for Special Counsel in enforcement of employment and reemployment rights of members of uniformed services with respect to Federal executive agencies

Section 4324 of title 38, United States Code, is amended by adding at the end the following new subsection:

“(e)

“(1) In order to carry out the Special Counsel’s responsibilities under this section, the Special Counsel may require by subpoena the attendance and testimony of Federal employees and the production of documents from Federal employees and Federal executive agencies.

“(2) In the case of contumacy or failure to obey a subpoena issued under paragraph (1), upon application by the Special Counsel, the Merit Systems Protection Board may issue an order requiring a Federal employee or Federal executive agency to comply with a subpoena of the Special Counsel.

“(3) An order issued under paragraph (2) may be enforced by the Merit Systems Protection Board in the same manner as any order issued under section 1204 of title 5.”

Sec. 304 Issuance and service of civil investigative demands by Attorney General

(a)
In general— Section 4323 of title 38, United States Code, is amended—
(1)
by redesignating subsection (i) as subsection (j); and
(2)
by inserting after subsection (h) the following new subsection (i):

“(i) Issuance and service of civil investigative demands

“(1) Whenever the Attorney General has reason to believe that any person may be in possession, custody, or control of any documentary material relevant to an investigation under this subchapter, the Attorney General may, before commencing a civil action under subsection (a), issue in writing and serve upon such person, a civil investigative demand requiring—

“(A) the production of such documentary material for inspection and copying;

“(B) that the custodian of such documentary material answer in writing written questions with respect to such documentary material; or

“(C) the production of any combination of such documentary material or answers.

“(2) The provisions of section 3733 of title 31 governing the authority to issue, use, and enforce civil investigative demands shall apply with respect to the authority to issue, use, and enforce civil investigative demands under this section, except that, for purposes of applying such section 3733—

“(A) references to false claims law investigators or investigations shall be considered references to investigators or investigations under this subchapter;

“(B) references to interrogatories shall be considered references to written questions, and answers to such need not be under oath;

“(C) the definitions relating to “false claims law” shall not apply; and

“(D) provisions relating to qui tam relators shall not apply.”

(b)
Effective date— Subsection (i) of such section, as added by subsection (a)(2), shall take effect on the date of the enactment of this Act and shall apply with respect to violations of chapter 43 of such title alleged to have occurred on or after such date.
(c)
Annual reports— Section 4332(b)(2) of such title is amended—
(1)
by striking “Not later than” and inserting the following:

“(A) In general—Not later than”

(2)
by adding at the end the following new subparagraph:

“(B) Annual supplement on civil investigative demands

“(i) In general—The Attorney General shall include with each report submitted under subparagraph (A) for the last quarter of each fiscal year a report on the issuance of civil investigative demands under section 4323(i) of this title during the most recently completed fiscal year.

“(ii) Elements—Each report submitted under clause (i) shall include the following for the fiscal year covered by the report:

“(I) The number of times that a civil investigative demand was issued under section 4323(i) of this title.

“(II) For each civil investigative demand issued under such section with respect to an investigation, whether such investigation resulted in a settlement, order, or judgment.”