IB 
Union Calendar No. 193 
118TH CONGRESS 
1ST SESSION H. R. 3943 
[Report No. 118–241] 
To amend title 38, United States Code, to improve the reemployment rights 
of members of the Armed Forces, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 9, 2023 
Mr. C. SCOTT FRANKLIN of Florida (for himself and Mr. BOST) introduced 
the following bill; which was referred to the Committee on Veterans’ Affairs 
OCTOBER 2, 2023 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on June 9, 2023] 
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A BILL 
To amend title 38, United States Code, to improve the 
reemployment rights of members of the Armed Forces, 
and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Servicemember Employ-
ment Protection Act of 2023’’. 
SEC. 2. IMPROVEMENTS TO REEMPLOYMENT RIGHTS OF 
MEMBERS OF THE ARMED FORCES. 
(a) USERRA PURPOSES.—Section 4301(a)(1) of title 
38, United States Code, is amended by striking ‘‘encourage 
noncareer service in the uniformed services’’ and inserting 
‘‘encourage service in the uniformed services’’. 
(b) PROHIBITION OF RETALIATION.—Subsection (b) of 
section 4311 of title 38, United States Code, is amended 
by inserting ‘‘or other retaliatory action’’ after ‘‘employ-
ment action’’. 
(c) EXPANSION OF INJUNCTIVE RELIEF.—Subsection 
(e) of section 4323 of such title is amended— 
(1) by striking ‘‘The court shall use’’ and insert-
ing ‘‘(1) The court shall use’’; and 
(2) by adding at the end the following new para-
graphs: 
‘‘(2) A person bringing an action to enforce a provi-
sion of this chapter pursuant to subsection (a) shall be enti-
tled to an injunction under paragraph (1) if such person 
demonstrates— 
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‘‘(A) a violation— 
‘‘(i) of the provisions of this chapter; or 
‘‘(ii) of the provisions of this chapter is 
threatened or is imminent; 
‘‘(B) the harm to the person outweighs the injury 
to the employer; 
‘‘(C) a likelihood of success on the merits of such 
action; and 
‘‘(D) awarding such relief is in the public inter-
est. 
‘‘(3) The court may not deny a motion for injunctive 
relief on the basis that a party bringing an action to enforce 
a provision of this chapter may be awarded wages unearned 
due to an unlawful termination or denial of employment 
at the conclusion of such action.’’. 
(d) DAMAGES AGAINST A STATE OR PRIVATE EM-
PLOYER.—Section 4323 of such title is further amended, in 
paragraph (1) of subsection (d), by striking subparagraph 
(C) and inserting the following new subparagraphs: 
‘‘(C) The court may require the employer to pay 
the person the amount referred to in subparagraph 
(B) and interest on such amount, calculated at a rate 
of 3 percent per year. 
‘‘(D) The court may require the employer to pay 
the person the greater of $50,000 or the amount equal 
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to the amounts referred to in subparagraphs (B) and 
(C) as liquidated damages, if the court determines 
that the employer knowingly failed to comply with the 
provisions of this chapter.’’. 
(e) MANDATORY ATTORNEY FEES AWARD IN SUCCESS-
FUL ACTIONS FOR REEMPLOYMENT.— 
(1) MSPB ACTIONS.—Paragraph (4) of sub-
section (c) of section 4324 of such title is amended— 
(A) by striking ‘‘may, in its discretion,’’ 
and inserting ‘‘shall’’; and 
(B) by adding at the end the following new 
sentence: ‘‘The Board may, in its discretion, 
award reasonable attorney fees in a case settled 
before the issuance of an order if the person can 
demonstrate that significant attorney fees were 
incurred and that justice requires such an 
award.’’. 
(2) FEDERAL CIRCUIT ACTIONS.—Subsection (d) 
of such section is amended by adding at the end the 
following new paragraph: 
‘‘(3) In such Federal Circuit proceeding, the court shall 
award such person reasonable attorney fees, expert witness 
fees, and other litigation expenses if such person— 
‘‘(A) prevails in such Federal Circuit proceeding; 
and 
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‘‘(B) is not represented by the Special Counsel in 
such Federal Circuit proceeding.’’. 
(3) ACTIONS AGAINST A STATE OR PRIVATE EM-
PLOYER.—Paragraph (2) of section 4323(h) of such 
title is amended— 
(A) by striking ‘‘subsection (a)(2)’’ and in-
serting ‘‘subsection (a)(3)’’; and 
(B) by striking ‘‘the court may award any 
such person who prevails in such action or pro-
ceeding reasonable attorney fees’’ and inserting 
‘‘the court shall award any such person who pre-
vails in such action or proceeding reasonable at-
torney fees’’. 
(f) GAO REVIEW AND REPORT ON USERRA.— 
(1) REVIEW.—The Comptroller General of the 
United States shall review the methods through which 
the Secretary of Labor, acting through the Veterans’ 
Employment and Training Service, processes actions 
for relief under chapter 43 of title 38, United States 
Code. 
(2) ELEMENTS.—Not later than two years after 
the date of the enactment of this Act, the Comptroller 
General shall submit to the Committees on Veterans’ 
Affairs of the House of Representatives and the Senate 
a report that includes— 
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(A) the findings of the review required 
under paragraph (1); 
(B) an identification of the number of ac-
tions for relief under chapter 43 of title 38, 
United States Code, initiated during the period 
covered by the report, disaggregated by employer 
characteristics, including size and geographic re-
gion; 
(C) an identification of the number of such 
actions for relief that were dismissed, including 
the characteristics of such actions and reasons 
for dismissal; 
(D) an identification of the number of such 
actions for relief that were referred to the De-
partment of Justice; and 
(E) an assessment of trends, if any, in such 
actions for relief initiated during such period. 
(g) GAO REVIEW OF PROTECTIONS FOR MEMBERS OF 
THE UNIFORMED SERVICES BY FEDERAL INTELLIGENCE 
AGENCIES.— 
(1) BRIEFING.—Not later than one year after the 
date of the enactment of this Act, the Comptroller 
General of the United States shall provide to the ap-
propriate congressional committees a briefing on the 
processes and procedures adopted and used by the in-
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telligence community to provide the protections for 
members of the uniformed services otherwise estab-
lished under chapter 43 of title 38, United States 
Code. 
(2) REPORT.—Not later than 18 months after the 
date of the enactment of this Act, the Comptroller 
General shall provide to such committees a report on 
such processes and procedures. 
(3) DEFINITIONS.—In this subsection: 
(A) The term ‘‘appropriate congressional 
committees’’ means the Committees on Veterans’ 
Affairs of the House of Representatives and Sen-
ate, the Permanent Select Committee on Intel-
ligence of the House of Representatives, and the 
Select Committee on Intelligence of the Senate. 
(B) The term ‘‘intelligence community’’ has 
the meaning given such term in section 3(4) of 
the National Security Act of 1947 (50 U.S.C. 
3003(4)). 
SEC. 3. REVIEW OF INVESTIGATIONS MANUAL OF VET-
ERANS’ EMPLOYMENT AND TRAINING SERV-
ICE. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, and once every two years 
thereafter for the period of five years beginning on such 
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date, the Secretary of Labor, shall review the manual of 
the Department of Labor titled ‘‘Veterans’ Employment and 
Training Service Investigations Manual: USERRA, VEOA, 
and VP’’ (or a successor manual) and make such revisions 
to such manual as the Secretary determines appropriate. 
(b) REPORT.—Not later than 90 days after any date 
on which the Secretary completes a review required under 
subsection (a), the Secretary shall submit to the Committees 
on Veterans’ Affairs of the House of Representatives and 
the Senate— 
(1) a report that includes a description of any 
revision to such manual made pursuant to such re-
view; and 
(2) a copy of the entire such manual which— 
(A) shall be provided to the Chairman and 
Ranking Member of each such committee; and 
(B) may contain a separate addendum for 
portions of the manual that contain law enforce-
ment sensitive materials. 
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Union Calendar No. 193 
118TH CONGRESS 
1ST SESSION 
H. R. 3943 
[Report No. 118–241] 
A BILL 
To amend title 38, United States Code, to improve 
the reemployment rights of members of the 
Armed Forces, and for other purposes. 
OCTOBER 2, 2023 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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00:06 Oct 03, 2023
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