Service Member Rights: Intelligence Community Guidance Could Better Address Reemployment Protections
Fast Facts
There are 18 intelligence community agencies and organizations in the federal government. They have guidance that provides protections to service members under the Uniformed Services Employment and Reemployment Rights Act.
Of these 18 agencies and organizations, 7 must include specific reemployment information for service members in their guidance by law. However, 4 of these 7 haven't included everything that the Act requires, such as procedures for the Inspector General to investigate and resolve alleged violations.
We recommended that these 4 agencies and organizations include all required information in their guidance.
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Highlights
What GAO Found
There are 18 intelligence community (IC) elements in the federal government. These elements have implemented a range of guidance through various sources to provide protections to service members under the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended (USERRA).
Of these 18 IC elements, seven have statutory requirements under USERRA that are distinct from those of other federal agencies. These statutory requirements are delineated in USERRA under sections 4315 and 4325 of title 38, U.S. Code and include statutory provisions that apply to the seven IC elements listed in the figure below.
These seven IC elements have statutory requirements to provide reemployment protections under USERRA and include five provisions that are statutorily required to be in their guidance. However, GAO found that four of these IC elements—DIA, NRO, NSA, and FBI—have not included all five of these provisions in their guidance.
Better meeting the intent of sections 4315 and 4325 of title 38, U.S. Code, could help these four elements stave off potential issues. For example, it could help ensure that service members are not being discriminated against because of their military service. By including in their guidance all five of the IC reemployment provisions that are statutorily required, DIA, NRO, NSA, and FBI can better ensure service members are informed of their rights under USERRA.
GAO also found that the seven IC elements have reemployed all service members that went on military duty for 30 days or more from fiscal years 2019 through 2025, according to data reported by officials from these elements.
Why GAO Did This Study
USERRA prohibits employers from discriminating and retaliating against veterans and service members because of their military status or service. Specifically, USERRA protects the employment and reemployment rights of service members who temporarily leave government or private sector civilian jobs to perform military or other uniformed service.
The Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act includes a provision for GAO to examine how the IC protects rights afforded to service members under USERRA. This report describes the guidance that IC elements have implemented to provide protections to service members under USERRA, and examines the extent to which the seven IC elements include the five provisions that are statutorily required to be in their guidance.
GAO assessed guidance against statutory requirements under USERRA, analyzed reemployment and claims data, and interviewed relevant officials about their efforts to provide reemployment protections to service members.
Recommendations
GAO is making four recommendations to better address reemployment protections for service members, specifically that DIA, NRO, NSA, and FBI include within their guidance all five of the provisions that are statutorily required. DIA, NRO, NSA, and FBI concurred with GAO’s recommendations.
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| Department of Defense | The Secretary of Defense should ensure that the Director of the DIA includes within DIA's guidance all five of the IC reemployment provisions, as required by sections 4315 and 4325 of title 38, U.S. Code. (Recommendation 1) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
|
| Department of Defense | The Secretary of Defense should ensure that the Director of the NRO includes within NRO's guidance all five of the IC reemployment provisions as required by sections 4315 and 4325 of title 38, U.S. Code. (Recommendation 2) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
|
| Department of Defense | The Secretary of Defense should ensure that the Director of the NSA includes within NSA's guidance all five of the IC reemployment provisions as required by sections 4315 and 4325 of title 38, U.S. Code. (Recommendation 3) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
|
| Department of Justice | The Attorney General should ensure that the Director of the FBI includes within FBI's guidance all five of the IC reemployment provisions as required by sections 4315 and 4325 of title 38, U.S. Code. (Recommendation 4) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
|