S. 263 (111th): Servicemembers Access to Justice Act of 2009

Introduced:
Jan 15, 2009 (111th Congress, 2009–2010)
Sponsor:
Sen. Robert “Bob” Casey Jr. [D-PA]
Status:
Died (Referred to Committee)
See Instead:
This bill was re-introduced as S. 3233 (112th) on May 23, 2012.

The bill’s title was written by the bill’s sponsor. S. stands for Senate bill.

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Status

This bill was introduced on January 15, 2009, in a previous session of Congress, but was not enacted.

Progress
Introduced Jan 15, 2009
Referred to Committee Jan 15, 2009
Cosponsors
3 cosponsors (3D) (show)
Committees

Senate Veterans' Affairs

The committee chair determines whether a bill will move past the committee stage.

Full Title

A bill to amend title 38, United States Code, to improve the enforcement of the Uniformed Services Employment and Reemployment Rights Act of 1994, and for other purposes.

Summary

No summaries available.

Text

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Last updated Jan 15, 2009.
18 pages

Primary Source

View on THOMAS (The Library of Congress)

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Citation

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GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

1/15/2009--Introduced.
Servicemembers Access to Justice Act of 2009 - Waives a state's sovereign immunity with respect to the enforcement of uniformed services members' employment or reemployment rights or benefits under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Makes unenforceable agreements between an employer and employee requiring arbitration of disputes arising under USERRA. Provides exceptions.
Requires the validity and enforceability of such an agreement to be determined by a court (as opposed to the arbitrator).
Provides increased liquidated damages, and authorizes punitive damages, against state or private employer violations of USERRA. Provides a right to a jury trial in such cases.
Requires (under current law, authorizes) the award of attorney fees in actions to enforce USERRA. Defines "successor in interest" for USERRA purposes.
Prohibits wage discrimination against members covered under USERRA. Requires (under current law, authorizes) a court to use equitable relief, including injunctions and restraining orders when appropriate, for USERRA violations.
Amends the Federal Property and Administrative Services Act of 1949 to require federal procurement contracts to include a notice that the contractor may have USERRA obligations.
Requires a Comptroller General study on the effectiveness of federal education and outreach programs on employer obligations under USERRA.

House Republican Conference Summary

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No summary available.

House Democratic Caucus Summary

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The bill contains the following citations to other parts of U.S. law:

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)

Other Citations

  • 10 U.S.C. Chapter 137
  • 38 U.S.C. Chapter 43