(1) by striking ‘‘The court shall use’’ and in-
serting ‘‘(1) The court shall use’’; and 
(2) by adding at the end the following new 
paragraphs: 
‘‘(2) A person bringing an action to enforce a provi-
sion of this chapter pursuant to subsection (a) shall be 
entitled to an injunction under paragraph (1) if such per-
son demonstrates— 
‘‘(A) a violation— 
‘‘(i) of the provisions of this chapter; or 
‘‘(ii) of the provisions of this chapter is threat-
ened or is imminent; and 
‘‘(B) a likelihood of success on the merits of such ac-
tion. 
‘‘(3) The court may not deny a motion for injunctive 
relief on the basis that a party bringing an action to en-
force a provision of this chapter may be awarded wages 
unearned due to an unlawful termination of employment 
at the conclusion of such action.’’. 
(b) EXPANSION OF LIQUIDATED DAMAGES.— 
(1) DAMAGES AGAINST A STATE OR PRIVATE 
EMPLOYER.—Such section is further amended in 
paragraph (1) of subsection (d), by striking subpara-
graph (C) and inserting the following new subpara-
graphs: 
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‘‘(C) The court may require the employer to 
pay the person the amount referred to in subpara-
graph (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 to the amounts referred to in subparagraphs 
(B) and (C) as liquidated damages, if the court de-
termines that the employer knowingly failed to com-
ply with the provisions of this chapter.’’. 
(2) DAMAGES
AGAINST
FEDERAL
EXECUTIVE 
AGENCIES.—Subsection (c) of section 4324 of such 
title is amended— 
(A) by redesignating paragraphs (3) and 
(4) as paragraphs (4) and (5), respectively; and 
(B) by inserting after paragraph (2) the 
following new paragraph: 
‘‘(3) If the Board determines that a Federal executive 
agency or the Office of Personnel Management has vio-
lated the requirement under subsection (a) of section 4334 
of this title, such violation shall constitute prima facie evi-
dence that such Federal executive agency or the Office of 
Personnel Management knowingly failed to comply with 
the provisions of this chapter.’’. 
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(c) MANDATORY ATTORNEY FEES AWARD IN SUC-
CESSFUL ACTIONS FOR REEMPLOYMENT.— 
(1) MSPB ACTIONS.—Paragraph (5) of sub-
section (c) of such section (as redesignated by sub-
section (b)(2)) is amended by striking ‘‘the Board 
may, in its discretion, award such person reasonable 
attorney fees’’ and inserting ‘‘the Board shall award 
such person reasonable attorney fees’’. 
(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 pro-
ceeding; and 
‘‘(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 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 prevails in 
such action or proceeding reasonable attorney fees’’. 
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(d) REPEAL OF IMMUNITY FOR CERTAIN FEDERAL 
INTELLIGENCE AGENCIES.— 
(1) USERRA IMMUNITY REPEALED.—Sections 
4315 and 4325 of such title are repealed. 
(2) 
CONFORMING
AMENDMENT.—Section 
4313(a) of such title is amended by striking ‘‘sec-
tions 4314 and 4315’’ and inserting ‘‘section 4314’’. 
(e) MAINTENANCE OF PERFORMANCE REVIEW RAT-
INGS.—Section 4312 of such title is amended— 
(1) by resdesignating subsections (g) and (h) as 
subsections (h) and (i); and 
(2) by inserting after subsection (f) the fol-
lowing new subsection: 
‘‘(g) On any performance review that an employer ad-
ministers while an employee is absent from a position of 
employment by reason of service in the uniformed services, 
such employer shall give such employee a performance 
score that is equal to the average of the sum of each per-
formance score such employee received on any perform-
ance review such employer administered during the period 
beginning on the date that is three years before the date 
the absence of such employee began and ending on the 
date the absence of such employee began.’’. 
(f) EXPANSION OF ELIGIBLE TIME AWAY FROM CI-
VILIAN EMPLOYMENT.—Section 4303(13) of such title is 
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amended by inserting ‘‘, a period for which a person is 
absent from a position of employment for the purpose of 
medical or dental treatment for a condition, illness, or in-
jury sustained or aggravated during any such duty’’ after 
‘‘any such duty’’. 
(g) LIMITATION ON USERRA PURPOSES.—Section 
4301(a)(1) of such title is amended by striking ‘‘encour-
age noncareer service in the uniformed services’’ and in-
serting ‘‘encourage service in the uniformed services’’. 
(h) REVIEW AND REPORT.— 
(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, proc-
esses actions for relief under chapter 43 of title 38, 
United States Code. 
(2) ELEMENTS.—Not later than one year after 
the date of the enactment of this Act, the Comp-
troller General shall submit to the Committees on 
Veterans’ Affairs of the House of Representatives 
and the Senate a report that includes— 
(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, 
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United States Code, initiated during the period 
covered by the report, disaggregated by size of 
employer and geographic region; 
(C) an identification of the number of such 
actions for relief that were erroneously dis-
missed, as determined by the Comptroller Gen-
eral; 
(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 pe-
riod. 
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 biennially there-
after, 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 ap-
propriate. 
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