; and (B) is not represented by the Special Counsel in such Federal Circuit proceeding. . (3) Actions against a State or private employer Paragraph (2) of section 4323(h) of such title is amended— (A) by striking subsection (a)(2) and inserting subsection (a)(3) ; and (B) 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 fees . (f) GAO review and report on USERRA (1) Review The Comptroller General of the United States shall review the methods through which the Secretary of Labor, acting through the Veterans’ Employment and Training Service, processes actions for relief under chapter 43 of title 38, United States Code. (2) Elements Not later than two years after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report that includes— (A) the findings of the review required under paragraph (1); (B) an identification of the number of actions for relief under chapter 43 of title 38, United States Code, initiated during the period covered by the report, disaggregated by employer characteristics, including size and geographic region; (C) an identification of the number of such actions for relief that were dismissed, including the characteristics of such actions and reasons for dismissal; (D) an identification of the number of such actions for relief that were referred to the Department of Justice