Sec. 301. Enforcement of rights of members of uniformed services with respect to States and private employers
445 words·~2 min read·
/bill/113/s/6/is/section-301A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subsection
(a)of section 4323 of title 38, United States Code, is amended— in paragraph (1)— by striking appear on behalf of, and act as attorney for, the person on whose behalf the complaint is submitted and ; by striking for such person ; by striking the fourth sentence; and 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). ; by striking paragraph
(2)and inserting the following new paragraph (2): 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— 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 if the Attorney General has not made such a decision, notice of when the Attorney General expects to make such a decision. 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. ; by redesignating paragraph
(3)as paragraph (4); by inserting after paragraph
(2)the following new paragraph (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. ; and in paragraph (4), as redesignated by paragraph (3), by striking subparagraph
(C)and inserting the following new subparagraph (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. . Subsection
(f)of such section is amended to read as follows: 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). . Subsection (h)(2) of such section is amended by striking under subsection (a)(2) and inserting under paragraph
(1)or
(4)of subsection
(a).