,i #aahth ,,congress #ast ,session ,h4 ,r4 #cidc ,,in ,,the ,,house ,,of ,,representatives ,june #i1 #bjbc,mr4 ,c4 ,scott ,franklin of ,florida 7for himself and ,mr4 ,bost7 introduced the following bill2 which was referred to the ,committee on ,veterans' ,affairs ,a ,,bill ,to amend title #ch1 ,united ,states ,code1 to improve the reemployment rights of members of the ,armed ,forces1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,servicemember ,employment ,protection ,act of #bjbc4 #b4 ,improvements to reemployment rights of members of the ,armed ,forces 7a7 ,expansion of injunctive relief ,subsection 7e7 of section #dcbc of title #ch1 ,united ,states ,code1 is amended-- 7#a7 by striking ,the court shall use and inserting 7#a7 ,the court shall use2 and 7#b7 by adding at the end the following new paragraphs3 7#b7 ,a person bringing an action to enforce a provision of this chapter pursuant to subsection 7a7 shall be entitled to an injunction under paragraph 7#a7 if such person demonstrates-- 7,a7 a violation-- 7i7 of the provisions of this chapter2 or 7ii7 of the provisions of this chapter is threatened or is imminent2 and 7,b7 a likelihood of success on the merits of such action4 7#c7 ,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 of employment at the conclusion of such action4 4 7b7 ,expansion of liquidated damages 7#a7 ,damages against a ,state or private employer ,such section is further amended in paragraph 7#a7 of subsection 7d71 by striking subparagraph 7,c7 and inserting the following new subparagraphs3 7,c7 ,the court may require the employer to pay the person the amount referred to in subparagraph 7,b7 and interest on such amount1 calculated at a rate of #c percent per year4 7,d7 ,the court may require the employer to pay the person the greater of #ej1jjj or the amount equal to the amounts referred to in subparagraphs 7,b7 and 7,c7 as liquidated damages1 if the court determines that the employer knowingly failed to comply with the provisions of this chapter4 4 7#b7 ,damages against ,federal executive agencies ,subsection 7c7 of section #dcbd of such title is amended-- 7,a7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#d7 and 7#e71 respectively2 and 7,b7 by inserting after paragraph 7#b7 the following new paragraph3 7#c7 ,if the ,board determines that a ,federal executive agency or the ,office of ,personnel ,management has violated the requirement under subsection 7a7 of section #dccd of this title1 such violation shall constitute prima facie evidence that such ,federal executive agency or the ,office of ,personnel ,management knowingly failed to comply with the provisions of this chapter4 4 7c7 ,mandatory attorney fees award in successful actions for reemployment 7#a7 ,,mspb actions ,paragraph 7#e7 of subsection 7c7 of such section 7as redesignated by subsection 7b77#b77 is amended by striking the ,board may1 in its discretion1 award such person reasonable attorney fees and inserting the ,board shall award such person reasonable attorney fees4 7#b7 ,federal circuit actions ,subsection 7d7 of such section is amended by adding at the end the following new paragraph3 7#c7 ,in such ,federal ,circuit proceeding1 the court shall award such person reasonable attorney fees1 expert witness fees1 and other litigation expenses if such person-- 7,a7 prevails in such ,federal ,circuit proceeding2 and 7,b7 is not represented by the ,special ,counsel in such ,federal ,circuit proceeding4 4 7#c7 ,actions against a ,state or private employer ,paragraph 7#b7 of section #dcbc7;h7 of such title is amended by striking the court may award any such person who prevails in such action or proceeding reasonable attorney fees and inserting the court shall award any such person who prevails in such action or proceeding reasonable attorney fees4 7d7 ,repeal of immunity for certain ,federal intelligence agencies 7#a7 ,,userra immunity repealed ,sections #dcae and #dcbe of such title are repealed4 7#b7 ,conforming amendment ,section #dcac7;a7 of such title is amended by striking sections #dcad and #dcae and inserting section #dcad4 7e7 ,maintenance of performance review ratings ,section #dcab of such title is amended-- 7#a7 by resdesignating subsections 7g7 and 7h7 as subsections 7h7 and 7i72 and 7#b7 by inserting after subsection 7f7 the following new subsection3 7g7 ,on any performance review that an employer administers while an employee is absent from a position of employment by reason of service in the uniformed services1 such employer shall give such employee a performance score that is equal to the average of the sum of each performance score such employee received on any performance 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 began4 4 7f7 ,expansion of eligible time away from civilian employment ,section #dcjc7ac7 of such title is amended by inserting 1 a period for which a person is absent from a position of employment for the purpose of medical or dental treatment for a condition1 illness1 or injury sustained or aggravated during any such duty after any such duty4 7g7 ,limitation on ,,userra purposes ,section #dcja7;a77#a7 of such title is amended by striking encourage noncareer service in the uniformed services and inserting encourage service in the uniformed services4 7h7 ,review and report 7#a7 ,review ,the ,comptroller ,general of the ,united ,states shall review the methods through which the ,secretary of ,labor1 acting through the ,veterans' ,employment and ,training ,service1 processes actions for relief under chapter #dc of title #ch1 ,united ,states ,code4 7#b7 ,elements ,not later than one year after the date of the enactment of this ,act1 the ,comptroller ,general shall submit to the ,committees on ,veterans' ,affairs of the ,house of ,representatives and the ,senate a report that includes-- 7,a7 the findings of the review required under paragraph 7#a72 7,b7 an identification of the number of actions for relief under chapter #dc of title #ch1 ,united ,states ,code1 initiated during the period covered by the report1 disaggregated by size of employer and geographic region2 7,c7 an identification of the number of such actions for relief that were erroneously dismissed1 as determined by the ,comptroller ,general2 7,d7 an identification of the number of such actions for relief that were referred to the ,department of ,justice2 and 7,e7 an assessment of trends1 if any1 in such actions for relief initiated during such period4 #c4 ,review of investigations manual of ,veterans' ,employment and ,training ,service 7a7 ,in general ,not later than one year after the date of the enactment of this ,act1 and biennially thereafter1 the ,secretary of ,labor1 shall review the manual of the ,department of ,labor titled ,veterans' ,employment and ,training ,service ,investigations ,manual3 ,,userra1 ,,veoa1 and ,,vp 7or a successor manual7 and make such revisions to such manual as the ,secretary determines appropriate4 7b7 ,report ,not later than #ij days after any date on which the ,secretary completes a review required under subsection 7a71 the ,secretary shall submit to the ,committees on ,veterans' ,affairs of the ,house of ,representatives and the ,senate-- 7#a7 a report that includes a description of any revision to such manual made pursuant to such review2 and 7#b7 a copy of such manual1 in unredacted form4