38 U.S.C. § 4332: Reports

Summary

The Secretary must send Congress one yearly report by July 1 that covers the previous fiscal year. The Secretary must consult with the Attorney General and the Special Counsel before sending it. The report must give counts and basic details for cases handled under the law, including cases reviewed by the Department of Labor and by the Department of Defense’s Employer Support of the Guard and Reserve committee; cases sent to the Attorney General or Special Counsel and actions the Special Counsel began at the Merit Systems Protection Board; complaints the Attorney General filed; cases that involve the same person across agencies; how many involve disability issues or a service-connected disability; a short description and current status of each case; how many cases involve different jobs using the Standard Occupational Classification; any apparent patterns of violations and why; and any administrative or legislative steps the Secretary, Attorney General, or Special Counsel think are needed, including ways to encourage mediation before claims are filed. Within 30 days after each fiscal quarter ends, the Secretary must give a quarterly report to Congress, the Secretary of Defense, the Attorney General, and the Special Counsel about missed deadlines or late referrals under specific sections of the law. The Attorney General and the Special Counsel must each send similar quarterly reports within 30 days about missed timing after they receive referrals. The Secretary must also work with the Secretary of Defense, the Attorney General, and the Special Counsel so all reports use the same categories and so each office has electronic access to case files, with regard to section 552a of title 5.

Title 38, §4332

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(a)Annual Report by Secretary.—

The Secretary shall, after consultation with the Attorney General and the Special Counsel referred to in section 4324(a)(1), transmit to Congress not later than July 1 each year a report on matters for the fiscal year ending in the year before the year in which such report is transmitted as follows:

(1)The number of cases reviewed by the Department of Labor under this chapter during the fiscal year for which the report is made.

(2)The number of cases reviewed by the Secretary of Defense under the National Committee for Employer Support of the Guard and Reserve of the Department of Defense during the fiscal year for which the report is made.

(3)The number of cases referred to the Attorney General or the Special Counsel pursuant to section 4323 or 4324, respectively, during such fiscal year and the number of actions initiated by the Office of Special Counsel before the Merit Systems Protection Board pursuant to section 4324 during such fiscal year.

(4)The number of complaints filed by the Attorney General pursuant to section 4323 during such fiscal year.

(5)The number of cases reviewed by the Secretary and the Secretary of Defense through the National Committee for Employer Support of the Guard and Reserve of the Department of Defense that involve the same person.

(6)With respect to the cases reported on pursuant to paragraphs (1), (2), (3), (4), and (5)—

(A)the number of such cases that involve a disability-related issue; and

(B)the number of such cases that involve a person who has a service-connected disability.

(7)The nature and status of each case reported on pursuant to paragraph (1), (2), (3), (4), or (5).

(8)With respect to the cases reported on pursuant to paragraphs (1), (2), (3), (4), and (5) the number of such cases that involve persons with different occupations or persons seeking different occupations, as designated by the Standard Occupational Classification System.

(9)An indication of whether there are any apparent patterns of violation of the provisions of this chapter, together with an explanation thereof.

(10)Recommendations for administrative or legislative action that the Secretary, the Attorney General, or the Special Counsel considers necessary for the effective implementation of this chapter, including any action that could be taken to encourage mediation, before claims are filed under this chapter, between employers and persons seeking employment or reemployment.

(b)Quarterly Reports.—

(1)Quarterly report by secretary.—

Not later than 30 days after the end of each fiscal quarter, the Secretary shall submit to Congress, the Secretary of Defense, the Attorney General, and the Special Counsel a report setting forth, for the previous full quarter, the following:

(A)The number of cases for which the Secretary did not meet the requirements of section 4322(f) of this title.

(B)The number of cases for which the Secretary received a request for a referral under paragraph (1) of section 4323(a) of this title but did not make such referral within the time period required by such paragraph.

(2)Quarterly report by attorney general.—

Not later than 30 days after the end of each fiscal quarter, the Attorney General shall submit to Congress, the Secretary, the Secretary of Defense, and the Special Counsel a report setting forth, for the previous full quarter, the number of cases for which the Attorney General received a referral under paragraph (1) of section 4323(a) of this title but did not meet the requirements of paragraph (2) of section 4323(a) of this title for such referral.

(3)Quarterly report by special counsel.—

Not later than 30 days after the end of each fiscal quarter, the Special Counsel shall submit to Congress, the Secretary, the Secretary of Defense, and the Attorney General a report setting forth, for the previous full quarter, the number of cases for which the Special Counsel received a referral under paragraph (1) of section 4324(a) of this title but did not meet the requirements of paragraph (2)(B) of section 4324(a) of this title for such referral.

(c)Uniform Categorization of Data.—

The Secretary shall coordinate with the Secretary of Defense, the Attorney General, and the Special Counsel to ensure that—

(1)the information in the reports required by this section is categorized in a uniform way; and

(2)the Secretary, the Secretary of Defense, the Attorney General, and the Special Counsel each have electronic access to the case files reviewed under this chapter by the Secretary, the Secretary of Defense, the Attorney General, and the Special Counsel with due regard for the provisions of section 552a of title 5.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 4332 was renumbered section 7632 of this title.

Amendments

2008—Pub. L. 110–389, § 312(a), (b)(1), designated existing provisions as subsec. (a), inserted heading, and substituted “, transmit to Congress not later than July 1 each year a report on matters for the fiscal year ending in the year before the year in which such report is transmitted as follows:” for “and no later than

February 1, 2005, and annually thereafter, transmit to the Congress, a report containing the following matters for the fiscal year ending before such February 1:” in introductory provisions. Pub. L. 110–181 added par. (2), redesignated former pars. (2) to (6) as (3) to (7), respectively, and in par. (5) substituted “(2), (3), or (4)” for “(2), or (3)”. Subsec. (a)(3). Pub. L. 110–389, § 312(b)(2), inserted “and the number of actions initiated by the Office of Special Counsel before the Merit Systems Protection Board pursuant to section 4324 during such fiscal year” before period at end. Subsec. (a)(5) to (10). Pub. L. 110–389, § 312(b)(3)–(7), added pars. (5), (6), and (8), redesignated former pars. (5), (6), and (7) as (7), (9), and (10), respectively, and in par. (7), substituted “(4), or (5)” for “or (4)”. Subsecs. (b), (c). Pub. L. 110–389, § 312(c), (d), added subsecs. (b) and (c). 2004—Pub. L. 108–454 substituted “no later than

February 1, 2005, and annually thereafter” for “no later than

February 1, 1996, and annually thereafter through 2000” in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date

of 2008 Amendment Pub. L. 110–389, title III, § 312(f), Oct. 10, 2008, 122 Stat. 4166, provided that: “The

Amendments

made by this section [amending this section] shall apply with respect to each report required under section 4332 of title 38, United States Code (as amended by this section), after the date of the enactment of this Act [Oct. 10, 2008].”

Effective Date

Section effective with respect to reemployments initiated on or after the first day after the 60-day period beginning Oct. 13, 1994, with transition rules, see section 8 of Pub. L. 103–353, set out as a note under section 4301 of this title.

§4332 Reports

Summary

Title 38, §4332

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Effective Date

Citations & Metadata