Ensuring the Uniformed Services Employment and Reemployment Rights Act (USERRA) Protections, 42697-42702 [2012-18325]

Agencies

• Executive Office of the President

[Federal Register Volume 77, Number 143 (Wednesday, July 25, 2012)]
[Presidential Documents]
[Pages 42697-42702]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18325]



[[Page 42697]]

Vol. 77

Wednesday,

No. 143

July 25, 2012

Part III





The President





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Memorandum of July 19, 2012--Ensuring the Uniformed Services Employment 
and Reemployment Rights Act (USERRA) Protections



Proclamation 8842--Honoring the Victims of the Tragedy in Aurora, 
Colorado


                        Presidential Documents 



Federal Register / Vol. 77 , No. 143 / Wednesday, July 25, 2012 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 42699]]

                Memorandum of July 19, 2012

                
Ensuring the Uniformed Services Employment and 
                Reemployment Rights Act (USERRA) Protections

                Memorandum for the Heads of Executive Departments and 
                Agencies

                The Uniformed Services Employment and Reemployment 
                Rights Act of 1994 (USERRA) protects individuals 
                performing, or who performed, uniformed service in 
                accordance with 38 U.S.C. 4301-4335 from adverse 
                employment discrimination on the basis of their 
                uniformed service, and provides for their prompt 
                restoration to civilian employment when they return to 
                civilian life.

                USERRA is intended to ensure that these service members 
                are not disadvantaged in their civilian careers because 
                of their service; are promptly reemployed in their 
                civilian jobs upon their return from duty; and are not 
                discriminated against in employment because of their 
                military status or obligations. This memorandum will 
                help ensure that Federal agencies improve compliance 
                with USERRA through outreach, education, and oversight.

                The Administration strongly believes that every man or 
                woman who has served in our country's uniformed 
                services deserves the full protection of our employment 
                laws, including USERRA. No discrimination or unfair 
                treatment based on one's service will be tolerated. We 
                must do our utmost to ensure that all service members' 
                employment and reemployment rights are respected.

                The Federal Government, as our Nation's largest 
                employer, has a responsibility to adopt best practices 
                with respect to employing returning service members. 
                Attracting and retaining the best talent means ensuring 
                fair treatment for individuals who have served our 
                country. Close attention must be paid to our returning 
                service members to ensure that we protect their 
                reemployment rights, and effectively manage their 
                reintegration when they return from service.

                As a critical part of that effort, I am directing 
                executive departments and agencies (agencies) to take 
                steps to ensure robust compliance with USERRA's 
                employment and reemployment protections across the 
                Federal Government through outreach, education, and 
                oversight. Ensuring agencies' compliance with USERRA 
                across the Federal Government will maintain our 
                commitment to those who serve.

                This effort will build upon, and be in furtherance of, 
                Executive Order 13518 of November 9, 2009 (Employment 
                of Veterans in the Federal Government), which directed 
                agencies to take steps to enhance recruitment of and 
                promote employment opportunities for veterans within 
                the executive branch. Over the last few years, the 
                Federal Government has made a concerted and successful 
                effort to increase the hiring of military veterans and 
                members of the National Guard and Reserves, and 
                veterans now constitute a higher percentage of the 
                Federal workforce than they have in years.

                The Federal Government must continue to improve 
                outreach to the uniformed services, veteran, Guard, and 
                Reserve communities; improve agencies' USERRA training 
                and guidance; and ensure that service members and 
                veterans in Federal employment receive the full extent 
                of their employment

[[Page 42700]]

                protections, including USERRA protections. Therefore, 
                by the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, I hereby direct the following:

                Section 1. USERRA Employment Protection Working Group. 
                There is established the USERRA Employment Protection 
                Working Group (Working Group), to be co-chaired by the 
                Assistant to the President for Domestic Policy and the 
                Assistant to the President and National Security 
                Advisor, or their designated representatives, which 
                shall coordinate and review agency efforts to implement 
                USERRA.

                    (a) In addition to the Co-Chairs, the Working Group 
                shall include representatives from:

(i) the Department of Defense;

(ii) the Department of Justice;

(iii) the Department of Labor;

(iv) the Department of Veterans Affairs;

(v) the Office of Personnel Management;

(vi) the Office of the Special Counsel; and

(vii) such other agencies or offices as the Co-Chairs may designate.

                    (b) In addition to coordinating and reviewing 
                agency efforts to implement USERRA pursuant to this 
                memorandum, the Working Group shall:

(i) collect data to better track the Federal Government's performance in 
implementing USERRA protections;

(ii) coordinate agency efforts to implement best practices, training, and 
procedures for any agency officials who are authorized to recommend, take, 
or approve any personnel action with respect to employees of the agency in 
order to improve compliance with USERRA employment and reemployment 
protections; and

(iii) conduct outreach to veterans and members of the National Guard and 
Reserve and other members of the uniformed services to assist them in fully 
exercising their employment rights.

                    (c) Within 30 days of the date of this memorandum, 
                the head of each agency shall designate a senior agency 
                official to act as a liaison between the agency and the 
                Working Group. The agency liaison shall be responsible 
                for providing the Working Group with information on 
                agency efforts to implement this memorandum, as well as 
                any other relevant information on service member 
                employment that the Working Group may require.
                    (d) Within 90 days of the date of this memorandum, 
                the Working Group shall report to the President on 
                Government-wide progress in implementing this 
                memorandum.

                Sec. 2. Federal USERRA Guidance. (a) Within 180 days of 
                the date of this memorandum, the Director of the Office 
                of Personnel Management, in consultation with the 
                Council on Veterans Employment established by Executive 
                Order 13518 and offices and agencies participating in 
                the Working Group, as appropriate, shall issue guidance 
                to agencies on Federal USERRA employment protection, 
                which shall describe specific steps agencies can take 
                to improve USERRA employment and reemployment 
                protection policies and practices, including:

(i) improving data collection procedures to help better track overall 
service member employment data in the Federal Government, including Guard 
and Reserve members;

(ii) using appropriate metrics, as established by the Office of Personnel 
Management, to measure implementation of this memorandum;

(iii) using guidance and tools, as developed by the Office of Personnel 
Management through collaboration with the Working Group and Council on 
Veterans Employment, which draw upon best agency practices as well as 
practices and guidance from the private sector; and

[[Page 42701]]

(iv) strengthening relationships between service members, stakeholder 
groups, and the agency, and providing better information to service members 
so as to allow them to be reintegrated as quickly and efficiently as 
possible when they return to civilian life.

                    (b) In the course of developing guidance pursuant 
                to subsection (a), the Director of the Office of 
                Personnel Management, in consultation with the Council 
                on Veterans Employment and offices and agencies 
                participating in the Working Group as appropriate, 
                shall review relevant statutes, regulations, policies, 
                and agency training and guidance to identify reforms 
                that would facilitate improved implementation of and 
                compliance with USERRA. The Director of the Office of 
                Personnel Management, in consultation with the Director 
                of the Office of Management and Budget (OMB), shall 
                report to the President on this review, no later than 1 
                year from the date of this memorandum, and provide 
                recommendations for changes to laws, regulations, and 
                policies that would strengthen USERRA protections.
                    (c) In developing guidance pursuant to subsection 
                (a), the Director of the Office of Personnel Management 
                shall consult with affected agencies, interagency 
                groups, and public stakeholders.
                    (d) The Department of Defense and the Office of 
                Personnel Management shall work together to improve 
                data collection procedures to help better track the 
                overall veteran and service member employment data in 
                the Federal Government, particularly Guard and Reserve 
                Members.

                Sec. 3. Ensuring USERRA Employment Protection. The head 
                of each agency shall, as expeditiously as possible:

                    (a) implement the guidance issued pursuant to 
                section 2 of this memorandum;
                    (b) ensure that the agency has prioritized policies 
                and actions to implement USERRA employment protections, 
                including providing appropriate training and 
                information, as well as undertaking appropriate 
                reemployment measures; and
                    (c) allocate sufficient resources to effectively 
                implement the requirements of this memorandum, subject 
                to the availability of appropriations.

                Sec. 4. General Provisions. (a) Nothing in this 
                memorandum shall be construed to impair or otherwise 
                affect:

(i) the authority granted by law to a department or agency, or the head 
thereof; or

(ii) the functions of the Director of OMB relating to budgetary, 
administrative, or legislative proposals.

                    (b) This memorandum shall be implemented consistent 
                with applicable law and subject to the availability of 
                appropriations.
                    (c) This memorandum is not intended to, and does 
                not, create any right or benefit, substantive or 
                procedural, enforceable at law or in equity by any 
                party against the United States, its departments, 
                agencies, or entities, its officers, employees, or 
                agents, or any other person.

[[Page 42702]]

                    (d) Independent agencies are strongly encouraged to 
                comply with the requirements of this memorandum.

                The Director of the Office of Personnel Management is 
                hereby authorized and directed to publish this 
                memorandum in the Federal Register.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, July 19, 2012.

[FR Doc. 2012-18325
Filed 7-24-12; 11:15 am]
Billing code 6325-01-P