In the House of Representatives, U. S.,

September 13, 1994.

Resolved, That the House agree to the amendment of

the Senate to the bill (H.R. 995) entitled ‘‘An Act to amend

title 38, United States Code, to improve reemployment rights

and benefits of veterans and other benefits of employment of

certain members of the uniformed services, and for other purposes’’, with the following

AMENDMENT:

In lieu of the matter proposed to be inserted by said

amendment, insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Uniformed Services Em3 ployment and Reemployment Rights Act of 1994’’.

4 SEC. 2. REVISION OF CHAPTER 43 OF TITLE 38.

5 (a) RESTATEMENT AND IMPROVEMENT OF EMPLOY6 MENT AND REEMPLOYMENT RIGHTS.—Chapter 43 of title

7 38, United States Code, is amended to read as follows:

8 ‘‘CHAPTER 43—EMPLOYMENT AND REEMPLOY9 MENT RIGHTS OF MEMBERS OF THE UNI10 FORMED SERVICES

‘‘SUBCHAPTER I—GENERAL

‘‘4301. Purposes; sense of Congress.

‘‘4302. Relation to other law and plans or agreements.

‘‘4303. Definitions.

‘‘4304. Character of service.
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‘‘SUBCHAPTER II—EMPLOYMENT AND REEMPLOYMENT RIGHTS

AND LIMITATIONS; PROHIBITIONS

‘‘4311. Discrimination against persons who serve in the uniformed services and

acts of reprisal prohibited.

‘‘4312. Reemployment rights of persons who serve in the uniformed services.

‘‘4313. Reemployment positions.

‘‘4314. Reemployment by the Federal Government.

‘‘4315. Reemployment by certain Federal agencies.

‘‘4316. Rights, benefits, and obligations of persons absent from employment for

service in a uniformed service.

‘‘4317. Health plans.

‘‘4318. Employee pension benefit plans.

‘‘SUBCHAPTER III—PROCEDURES FOR ASSISTANCE, ENFORCEMENT,

AND INVESTIGATION

‘‘4321. Assistance in obtaining reemployment or other employment rights or benefits.

‘‘4322. Enforcement of employment or reemployment rights.

‘‘4323. Enforcement of rights with respect to a State or private employer.

‘‘4324. Enforcement of rights with respect to Federal executive agencies.

‘‘4325. Enforcement of rights with respect to certain Federal agencies.

‘‘4326. Conduct of investigation; subpoenas.

‘‘SUBCHAPTER IV—MISCELLANEOUS PROVISIONS

‘‘4331. Regulations.

‘‘4332. Reports.

‘‘4333. Outreach.

1 ‘‘SUBCHAPTER I—GENERAL

2 ‘‘§ 4301. Purposes; sense of Congress

3 ‘‘(a) The purposes of this chapter are—

4 ‘‘(1) to encourage noncareer service in the uni5 formed services by eliminating or minimizing the dis6 advantages to civilian careers and employment which

7 can result from such service;

8 ‘‘(2) to minimize the disruption to the lives of

9 persons performing service in the uniformed services

10 as well as to their employers, their fellow employees,

11 and their communities, by providing for the prompt
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1 reemployment of such persons upon their completion

2 of such service under honorable conditions; and

3 ‘‘(3) to prohibit discrimination against persons

4 because of their service in the uniformed services.

5 ‘‘(b) It is the sense of Congress that the Federal Gov6 ernment should be a model employer in carrying out the

7 provisions of this chapter.

8 ‘‘§ 4302. Relation to other law and plans or agree9 ments

10 ‘‘(a) Nothing in this chapter shall supersede, nullify

11 or diminish any Federal or State law (including any local

12 law or ordinance), contract, agreement, policy, plan, prac13 tice, or other matter that establishes a right or benefit that

14 is more beneficial to, or is in addition to, a right or benefit

15 provided for such person in this chapter.

16 ‘‘(b) This chapter supersedes any State law (including

17 any local law or ordinance), contract, agreement, policy,

18 plan, practice, or other matter that reduces, limits, or elimi19 nates in any manner any right or benefit provided by this

20 chapter, including the establishment of additional pre21 requisites to the exercise of any such right or the receipt

22 of any such benefit.

23 ‘‘§ 4303. Definitions

24 ‘‘For the purposes of this chapter—
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1 ‘‘(1) The term ‘Attorney General’ means the At2 torney General of the United States or any person

3 designated by the Attorney General to carry out a re4 sponsibility of the Attorney General under this chap5 ter.

6 ‘‘(2) The term ‘benefit’, ‘benefit of employment’,

7 or ‘rights and benefits’ means any advantage, profit,

8 privilege, gain, status, account, or interest (other than

9 wages or salary for work performed) that accrues by

10 reason of an employment contract or agreement or an

11 employer policy, plan, or practice and includes rights

12 and benefits under a pension plan, a health plan, an

13 employee stock ownership plan, insurance coverage

14 and awards, bonuses, severance pay, supplemental

15 unemployment benefits, vacations, and the oppor16 tunity to select work hours or location of employment.

17 ‘‘(3) The term ‘employee’ means any person em18 ployed by an employer.

19 ‘‘(4)(A) Except as provided in subparagraphs

20 (B) and (C), the term ‘employer’ means any person,

21 institution, organization, or other entity that pays

22 salary or wages for work performed or that has con23 trol over employment opportunities, including—

24 ‘‘(i) a person, institution, organization, or

25 other entity to whom the employer has delegated
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1 the performance of employment-related respon2 sibilities;

3 ‘‘(ii) the Federal Government;

4 ‘‘(iii) a State;

5 ‘‘(iv) any successor in interest to a person,

6 institution, organization, or other entity referred

7 to in this subparagraph; and

8 ‘‘(v) a person, institution, organization, or

9 other entity that has denied initial employment

10 in violation of section 4311.

11 ‘‘(B) In the case of a National Guard technician

12 employed under section 709 of title 32, the term ‘em13 ployer’ means the adjutant general of the State in

14 which the technician is employed.

15 ‘‘(C) Except as an actual employer of employees,

16 an employee pension benefit plan described in section

17 3(2) of the Employee Retirement Income Security Act

18 of 1974 (29 U.S.C. 1002(2)) shall be deemed to be an

19 employer only with respect to the obligation to pro20 vide benefits described in section 4318.

21 ‘‘(5) The term ‘Federal executive agency’ includes

22 the United States Postal Service, the Postal Rate

23 Commission, any nonappropriated fund instrumen24 tality of the United States, any Executive agency (as

25 that term is defined in section 105 of title 5) other
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1 than an agency referred to in section

2 2302(a)(2)(C)(ii) of title 5, and any military depart3 ment (as that term is defined in section 102 of title

4 5) with respect to the civilian employees of that de5 partment.

6 ‘‘(6) The term ‘Federal Government’ includes

7 any Federal executive agency, the legislative branch of

8 the United States, and the judicial branch of the

9 United States.

10 ‘‘(7) The term ‘health plan’ means an insurance

11 policy or contract, medical or hospital service agree12 ment, membership or subscription contract, or other

13 arrangement under which health services for individ14 uals are provided or the expenses of such services are

15 paid.

16 ‘‘(8) The term ‘notice’ means (with respect to

17 subchapter II) any written or verbal notification of

18 an obligation or intention to perform service in the

19 uniformed services provided to an employer by the

20 employee who will perform such service or by the uni21 formed service in which such service is to be per22 formed.

23 ‘‘(9) The term ‘qualified’, with respect to an em24 ployment position, means having the ability to per25 form the essential tasks of the position.
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1 ‘‘(10) The term ‘reasonable efforts’, in the case of

2 actions required of an employer under this chapter,

3 means actions, including training provided by an em4 ployer, that do not place an undue hardship on the

5 employer.

6 ‘‘(11) Notwithstanding section 101, the term

7 ‘Secretary’ means the Secretary of Labor or any per8 son designated by such Secretary to carry out an ac9 tivity under this chapter.

10 ‘‘(12) The term ‘seniority’ means longevity in

11 employment together with any benefits of employment

12 which accrue with, or are determined by, longevity in

13 employment.

14 ‘‘(13) The term ‘service in the uniformed serv15 ices’ means the performance of duty on a voluntary

16 or involuntary basis in a uniformed service under

17 competent authority and includes active duty, active

18 duty for training, initial active duty for training, in19 active duty training, full-time National Guard duty,

20 and a period for which a person is absent from a po21 sition of employment for the purpose of an examina22 tion to determine the fitness of the person to perform

23 any such duty.

24 ‘‘(14) The term ‘State’ means each of the several

25 States of the United States, the District of Columbia,
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1 the Commonwealth of Puerto Rico, Guam, the Virgin

2 Islands, and other territories of the United States (in3 cluding the agencies and political subdivisions there4 of).

5 ‘‘(15) The term ‘undue hardship’, in the case of

6 actions taken by an employer, means actions requir7 ing significant difficulty or expense, when considered

8 in light of—

9 ‘‘(A) the nature and cost of the action need10 ed under this chapter;

11 ‘‘(B) the overall financial resources of the

12 facility or facilities involved in the provision of

13 the action; the number of persons employed at

14 such facility; the effect on expenses and resources,

15 or the impact otherwise of such action upon the

16 operation of the facility;

17 ‘‘(C) the overall financial resources of the

18 employer; the overall size of the business of an

19 employer with respect to the number of its em20 ployees; the number, type, and location of its fa21 cilities; and

22 ‘‘(D) the type of operation or operations of

23 the employer, including the composition, struc24 ture, and functions of the work force of such em25 ployer; the geographic separateness, administra-
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1 tive, or fiscal relationship of the facility or fa2 cilities in question to the employer.

3 ‘‘(16) The term ‘uniformed services’ means the

4 Armed Forces, the Army National Guard and the Air

5 National Guard when engaged in active duty for

6 training, inactive duty training, or full-time Na7 tional Guard duty, the commissioned corps of the

8 Public Health Service, and any other category of per9 sons designated by the President in time of war or

10 emergency.

11 ‘‘§ 4304. Character of service

12 ‘‘A person’s entitlement to the benefits of this chapter

13 by reason of the service of such person in one of the uni14 formed services terminates upon the occurrence of any of

15 the following events:

16 ‘‘(1) A separation of such person from such uni17 formed service with a dishonorable or bad conduct

18 discharge.

19 ‘‘(2) A separation of such person from such uni20 formed service under other than honorable conditions,

21 as characterized pursuant to regulations prescribed by

22 the Secretary concerned.

23 ‘‘(3) A dismissal of such person permitted under

24 section 1161(a) of title 10.
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1 ‘‘(4) A dropping of such person from the rolls

2 pursuant to section 1161(b) of title 10.

3 ‘‘SUBCHAPTER II—EMPLOYMENT AND REEM4 PLOYMENT RIGHTS AND LIMITATIONS; PRO5 HIBITIONS

6 ‘‘§ 4311. Discrimination against persons who serve in

7 the uniformed services and acts of re8 prisal prohibited

9 ‘‘(a) A person who is a member of, applies to be a

10 member of, performs, has performed, applies to perform, or

11 has an obligation to perform service in a uniformed service

12 shall not be denied initial employment, reemployment, re13 tention in employment, promotion, or any benefit of em14 ployment by an employer on the basis of that membership,

15 application for membership, performance of service, appli16 cation for service, or obligation.

17 ‘‘(b) An employer shall be considered to have denied

18 a person initial employment, reemployment, retention in

19 employment, promotion, or a benefit of employment in vio20 lation of this section if the person’s membership, applica21 tion for membership, service, application for service, or obli22 gation for service in the uniformed services is a motivating

23 factor in the employer’s action, unless the employer can

24 prove that the action would have been taken in the absence
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1 of such membership, application for membership, perform2 ance of service, application for service, or obligation.

3 ‘‘(c)(1) An employer may not discriminate in employ4 ment against or take any adverse employment action

5 against any person because such person has taken an action

6 to enforce a protection afforded any person under this chap7 ter, has testified or otherwise made a statement in or in

8 connection with any proceeding under this chapter, has as9 sisted or otherwise participated in an investigation under

10 this chapter, or has exercised a right provided for in this

11 chapter.

12 ‘‘(2) The prohibition in paragraph (1) shall apply

13 with respect to a person regardless of whether that person

14 has performed service in the uniformed services and shall

15 apply to any position of employment, including a position

16 that is described in section 4312(d)(1)(C).

17 ‘‘§ 4312. Reemployment rights of persons who serve in

18 the uniformed services

19 ‘‘(a) Subject to subsections (b), (c), and (d) and to sec20 tion 4304, any person who is absent from a position of em21 ployment by reason of service in the uniformed services

22 shall be entitled to the reemployment rights and benefits

23 and other employment benefits of this chapter if—

24 ‘‘(1) the person (or an appropriate officer of the

25 uniformed service in which such service is performed)
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1 has given advance written or verbal notice of such

2 service to such person’s employer;

3 ‘‘(2) the cumulative length of the absence and of

4 all previous absences from a position of employment

5 with that employer by reason of service in the uni6 formed services does not exceed five years; and

7 ‘‘(3) except as provided in subsection (f), the per8 son reports to, or submits an application for reem9 ployment to, such employer in accordance with the

10 provisions of subsection (e).

11 ‘‘(b) No notice is required under subsection (a)(1) if

12 the giving of such notice is precluded by military necessity

13 or, under all of the relevant circumstances, the giving of

14 such notice is otherwise impossible or unreasonable. A deter15 mination of military necessity for the purposes of this sub16 section shall be made pursuant to regulations prescribed by

17 the Secretary of Defense and shall not be subject to judicial

18 review.

19 ‘‘(c) Subsection (a) shall apply to a person who is ab20 sent from a position of employment by reason of service in

21 the uniformed services if such person’s cumulative period

22 of service in the uniformed services, with respect to the em23 ployer relationship for which a person seeks reemployment,

24 does not exceed five years, except that any such period of

25 service shall not include any service—
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1 ‘‘(1) that is required, beyond five years, to com2 plete an initial period of obligated service;

3 ‘‘(2) during which such person was unable to ob4 tain orders releasing such person from a period of

5 service in the uniformed services before the expiration

6 of such five-year period and such inability was

7 through no fault of such person;

8 ‘‘(3) performed as required pursuant to section

9 270 of title 10, under section 502(a) or 503 of title

10 32, or to fulfill additional training requirements de11 termined and certified in writing by the Secretary

12 concerned, to be necessary for professional develop13 ment, or for completion of skill training or retrain14 ing; or

15 ‘‘(4) performed by a member of a uniformed

16 service who is—

17 ‘‘(A) ordered to or retained on active duty

18 under section 672(a), 672(g), 673, 673b, 673c, or

19 688 of title 10 or under section 331, 332, 359,

20 360, 367, or 712 of title 14;

21 ‘‘(B) ordered to or retained on active duty

22 (other than for training) under any provision of

23 law during a war or during a national emer24 gency declared by the President or the Congress;
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1 ‘‘(C) ordered to active duty (other than for

2 training) in support, as determined by the Sec3 retary concerned, of an operational mission for

4 which personnel have been ordered to active duty

5 under section 673b of title 10;

6 ‘‘(D) ordered to active duty in support, as

7 determined by the Secretary concerned, of a crit8 ical mission or requirement of the uniformed

9 services; or

10 ‘‘(E) called into Federal service as a mem11 ber of the National Guard under chapter 15 of

12 title 10 or under section 3500 or 8500 of title 10.

13 ‘‘(d)(1) An employer is not required to reemploy a per14 son under this chapter if—

15 ‘‘(A) the employer’s circumstances have so

16 changed as to make such reemployment impossible or

17 unreasonable;

18 ‘‘(B) in the case of a person entitled to reemploy19 ment under subsection (a)(3), (a)(4), or (b)(2)(B) of

20 section 4313, such employment would impose an

21 undue hardship on the employer; or

22 ‘‘(C) the employment from which the person

23 leaves to serve in the uniformed services is for a brief,

24 nonrecurrent period and there is no reasonable expec-
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1 tation that such employment will continue indefi2 nitely or for a significant period.

3 ‘‘(2) In any proceeding involving an issue of wheth4 er—

5 ‘‘(A) any reemployment referred to in paragraph

6 (1) is impossible or unreasonable because of a change

7 in an employer’s circumstances,

8 ‘‘(B) any accommodation, training, or effort re9 ferred to in subsection (a)(3), (a)(4), or (b)(2)(B) of

10 section 4313 would impose an undue hardship on the

11 employer, or

12 ‘‘(C) the employment referred to in paragraph

13 (1)(C) is brief or for a nonrecurrent period and with14 out a reasonable expectation that such employment

15 will continue indefinitely or for a significant period,

16 the employer shall have the burden of proving the impos17 sibility or unreasonableness, undue hardship, or the brief

18 or nonrecurrent nature of the employment without a reason19 able expectation of continuing indefinitely or for a signifi20 cant period.

21 ‘‘(e)(1) Subject to paragraph (2), a person referred to

22 in subsection (a) shall, upon the completion of a period of

23 service in the uniformed services, notify the employer re24 ferred to in such subsection of the person’s intent to return

25 to a position of employment with such employer as follows:
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1 ‘‘(A) In the case of a person whose period of serv2 ice in the uniformed services was less than 31 days,

3 by reporting to the employer—

4 ‘‘(i) not later than the beginning of the first

5 full regularly scheduled work period on the first

6 full calendar day following the completion of the

7 period of service and the expiration of eight

8 hours after a period allowing for the safe trans9 portation of the person from the place of that

10 service to the person’s residence; or

11 ‘‘(ii) as soon as possible after the expiration

12 of the eight-hour period referred to in clause (i),

13 if reporting within the period referred to in such

14 clause is impossible or unreasonable through no

15 fault of the person.

16 ‘‘(B) In the case of a person who is absent from

17 a position of employment for a period of any length

18 for the purposes of an examination to determine the

19 person’s fitness to perform service in the uniformed

20 services, by reporting in the manner and time re21 ferred to in subparagraph (A).

22 ‘‘(C) In the case of a person whose period of serv23 ice in the uniformed services was for more than 30

24 days but less than 181 days, by submitting an appli25 cation for reemployment with the employer not later
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1 than 14 days after the completion of the period of

2 service or if submitting such application within such

3 period is impossible or unreasonable through no fault

4 of the person, the next first full calendar day when

5 submission of such application becomes possible.

6 ‘‘(D) In the case of a person whose period of

7 service in the uniformed services was for more than

8 180 days, by submitting an application for reemploy9 ment with the employer not later than 90 days after

10 the completion of the period of service.

11 ‘‘(2)(A) A person who is hospitalized for, or convalesc12 ing from, an illness or injury incurred in, or aggravated

13 during, the performance of service in the uniformed services

14 shall, at the end of the period that is necessary for the per15 son to recover from such illness or injury, report to the per16 son’s employer (in the case of a person described in sub17 paragraph (A) or (B) of paragraph (1)) or submit an appli18 cation for reemployment with such employer (in the case

19 of a person described in subparagraph (C) or (D) of such

20 paragraph). Except as provided in subparagraph (B), such

21 period of recovery may not exceed two years.

22 ‘‘(B) Such two-year period shall be extended by the

23 minimum time required to accommodate the circumstances

24 beyond such person’s control which make reporting within
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1 the period specified in subparagraph (A) impossible or un2 reasonable.

3 ‘‘(3) A person who fails to report or apply for employ4 ment or reemployment within the appropriate period speci5 fied in this subsection shall not automatically forfeit such

6 person’s entitlement to the rights and benefits referred to

7 in subsection (a) but shall be subject to the conduct rules,

8 established policy, and general practices of the employer

9 pertaining to explanations and discipline with respect to

10 absence from scheduled work.

11 ‘‘(f)(1) A person who submits an application for reem12 ployment in accordance with subparagraph (C) or (D) of

13 subsection (e)(1) or subsection (e)(2) shall provide to the

14 person’s employer (upon the request of such employer) docu15 mentation to establish that—

16 ‘‘(A) the person’s application is timely;

17 ‘‘(B) the person has not exceeded the service limi18 tations set forth in subsection (a)(2) (except as per19 mitted under subsection (c)); and

20 ‘‘(C) the person’s entitlement to the benefits

21 under this chapter has not been terminated pursuant

22 to section 4304.

23 ‘‘(2) Documentation of any matter referred to in para24 graph (1) that satisfies regulations prescribed by the Sec-
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1 retary shall satisfy the documentation requirements in such

2 paragraph.

3 ‘‘(3)(A) Except as provided in subparagraph (B), the

4 failure of a person to provide documentation that satisfies

5 regulations prescribed pursuant to paragraph (2) shall not

6 be a basis for denying reemployment in accordance with

7 the provisions of this chapter if the failure occurs because

8 such documentation does not exist or is not readily avail9 able at the time of the request of the employer. If, after such

10 reemployment, documentation becomes available that estab11 lishes that such person does not meet one or more of the

12 requirements referred to in subparagraphs (A), (B), and (C)

13 of paragraph (1), the employer of such person may termi14 nate the employment of the person and the provision of any

15 rights or benefits afforded the person under this chapter.

16 ‘‘(B) An employer who reemploys a person absent from

17 a position of employment for more than 90 days may re18 quire that the person provide the employer with the docu19 mentation referred to in subparagraph (A) before beginning

20 to treat the person as not having incurred a break in service

21 for pension purposes under section 4318(a)(2)(A).

22 ‘‘(4) An employer may not delay or attempt to defeat

23 a reemployment obligation by demanding documentation

24 that does not then exist or is not then readily available.
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1 ‘‘(g) The right of a person to reemployment under this

2 section shall not entitle such person to retention, preference,

3 or displacement rights over any person with a superior

4 claim under the provisions of title 5, United States Code,

5 relating to veterans and other preference eligibles.

6 ‘‘(h) In any determination of a person’s entitlement

7 to protection under this chapter, the timing, frequency, and

8 duration of the person’s training or service, or the nature

9 of such training or service (including voluntary service) in

10 the uniformed services, shall not be a basis for denying pro11 tection of this chapter if the service does not exceed the limi12 tations set forth in subsection (c) and the notice require13 ments established in subsection (a)(1) and the notification

14 requirements established in subsection (e) are met.

15 ‘‘§ 4313. Reemployment positions

16 ‘‘(a) Subject to subsection (b) (in the case of any em17 ployee) and sections 4314 and 4315 (in the case of an em18 ployee of the Federal Government), a person entitled to re19 employment under section 4312, upon completion of a pe20 riod of service in the uniformed services, shall be promptly

21 reemployed in a position of employment in accordance with

22 the following order of priority:

23 ‘‘(1) Except as provided in paragraphs (3) and

24 (4), in the case of a person whose period of service in

25 the uniformed services was for less than 91 days—
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1 ‘‘(A) in the position of employment in

2 which the person would have been employed if

3 the continuous employment of such person with

4 the employer had not been interrupted by such

5 service, the duties of which the person is quali6 fied to perform; or

7 ‘‘(B) in the position of employment in

8 which the person was employed on the date of the

9 commencement of the service in the uniformed

10 services, only if the person is not qualified to

11 perform the duties of the position referred to in

12 subparagraph (A) after reasonable efforts by the

13 employer to qualify the person.

14 ‘‘(2) Except as provided in paragraphs (3) and

15 (4), in the case of a person whose period of service in

16 the uniformed services was for more than 90 days—

17 ‘‘(A) in the position of employment in

18 which the person would have been employed if

19 the continuous employment of such person with

20 the employer had not been interrupted by such

21 service, or a position of like seniority, status and

22 pay, the duties of which the person is qualified

23 to perform; or

24 ‘‘(B) in the position of employment in

25 which the person was employed on the date of the
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1 commencement of the service in the uniformed

2 services, or a position of like seniority, status

3 and pay, the duties of which the person is quali4 fied to perform, only if the person is not quali5 fied to perform the duties of a position referred

6 to in subparagraph (A) after reasonable efforts

7 by the employer to qualify the person.

8 ‘‘(3) In the case of a person who has a disability

9 incurred in, or aggravated during, such service, and

10 who (after reasonable efforts by the employer to ac11 commodate the disability) is not qualified due to such

12 disability to be employed in the position of employ13 ment in which the person would have been employed

14 if the continuous employment of such person with the

15 employer had not been interrupted by such service—

16 ‘‘(A) in any other position which is equiva17 lent in seniority, status, and pay, the duties of

18 which the person is qualified to perform or

19 would become qualified to perform with reason20 able efforts by the employer; or

21 ‘‘(B) if not employed under subparagraph

22 (A), in a position which is the nearest approxi23 mation to a position referred to in subparagraph

24 (A) in terms of seniority, status, and pay con25 sistent with circumstances of such person’s case.
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1 ‘‘(4) In the case of a person who (A) is not quali2 fied to be employed in (i) the position of employment

3 in which the person would have been employed if the

4 continuous employment of such person with the em5 ployer had not been interrupted by such service, or

6 (ii) in the position of employment in which such per7 son was employed on the date of the commencement

8 of the service in the uniform services for any reason

9 (other than disability incurred in, or aggravated dur10 ing, service in the uniformed services), and (B) can11 not become qualified with reasonable efforts by the

12 employer, in any other position of lesser status and

13 pay which such person is qualified to perform, with

14 full seniority.

15 ‘‘(b)(1) If two or more persons are entitled to reemploy16 ment under section 4312 in the same position of employ17 ment and more than one of them has reported for such reem18 ployment, the person who left the position first shall have

19 the prior right to reemployment in that position.

20 ‘‘(2) Any person entitled to reemployment under sec21 tion 4312 who is not reemployed in a position of employ22 ment by reason of paragraph (1) shall be entitled to be re23 employed as follows:

24 ‘‘(A) Except as provided in subparagraph (B),

25 in any other position of employment referred to in
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1 subsection (a)(1) or (a)(2), as the case may be (in the

2 order of priority set out in the applicable subsection),

3 that provides a similar status and pay to a position

4 of employment referred to in paragraph (1) of this

5 subsection, consistent with the circumstances of such

6 person’s case, with full seniority.

7 ‘‘(B) In the case of a person who has a disability

8 incurred in, or aggravated during, a period of service

9 in the uniformed services that requires reasonable ef10 forts by the employer for the person to be able to per11 form the duties of the position of employment, in any

12 other position referred to in subsection (a)(3) (in the

13 order of priority set out in that subsection) that pro14 vides a similar status and pay to a position referred

15 to in paragraph (1) of this subsection, consistent with

16 circumstances of such person’s case, with full senior17 ity.

18 ‘‘§ 4314. Reemployment by the Federal Government

19 ‘‘(a) Except as provided in subsections (b), (c), and

20 (d), if a person is entitled to reemployment by the Federal

21 Government under section 4312, such person shall be reem22 ployed in a position of employment as described in section

23 4313.

24 ‘‘(b)(1) If the Director of the Office of Personnel Man25 agement makes a determination described in paragraph (2)
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1 with respect to a person who was employed by a Federal

2 executive agency at the time the person entered the service

3 from which the person seeks reemployment under this sec4 tion, the Director shall—

5 ‘‘(A) identify a position of like seniority, status,

6 and pay at another Federal executive agency that sat7 isfies the requirements of section 4313 and for which

8 the person is qualified; and

9 ‘‘(B) ensure that the person is offered such posi10 tion.

11 ‘‘(2) The Director shall carry out the duties referred

12 to in subparagraphs (A) and (B) of paragraph (1) if the

13 Director determines that—

14 ‘‘(A) the Federal executive agency that employed

15 the person referred to in such paragraph no longer ex16 ists and the functions of such agency have not been

17 transferred to another Federal executive agency; or

18 ‘‘(B) it is impossible or unreasonable for the

19 agency to reemploy the person.

20 ‘‘(c) If the employer of a person described in subsection

21 (a) was, at the time such person entered the service from

22 which such person seeks reemployment under this section,

23 a part of the judicial branch or the legislative branch of

24 the Federal Government, and such employer determines that

25 it is impossible or unreasonable for such employer to reem-
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1 ploy such person, such person shall, upon application to

2 the Director of the Office of Personnel Management, be en3 sured an offer of employment in an alternative position in

4 a Federal executive agency on the basis described in sub5 section (b).

6 ‘‘(d) If the adjutant general of a State determines that

7 it is impossible or unreasonable to reemploy a person who

8 was a National Guard technician employed under section

9 709 of title 32, such person shall, upon application to the

10 Director of the Office of Personnel Management, be ensured

11 an offer of employment in an alternative position in a Fed12 eral executive agency on the basis described in subsection

13 (b).

14 ‘‘§ 4315. Reemployment by certain Federal agencies

15 ‘‘(a) The head of each agency referred to in section

16 2302(a)(2)(C)(ii) of title 5 shall prescribe procedures for en17 suring that the rights under this chapter apply to the em18 ployees of such agency.

19 ‘‘(b) In prescribing procedures under subsection (a),

20 the head of an agency referred to in that subsection shall

21 ensure, to the maximum extent practicable, that the proce22 dures of the agency for reemploying persons who serve in

23 the uniformed services provide for the reemployment of such

24 persons in the agency in a manner similar to the manner

25 of reemployment described in section 4313.
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1 ‘‘(c)(1) The procedures prescribed under subsection (a)

2 shall designate an official at the agency who shall determine

3 whether or not the reemployment of a person referred to

4 in subsection (b) by the agency is impossible or unreason5 able.

6 ‘‘(2) Upon making a determination that the reemploy7 ment by the agency of a person referred to in subsection

8 (b) is impossible or unreasonable, the official referred to in

9 paragraph (1) shall notify the person and the Director of

10 the Office of Personnel Management of such determination.

11 ‘‘(3) A determination pursuant to this subsection shall

12 not be subject to judicial review.

13 ‘‘(4) The head of each agency referred to in subsection

14 (a) shall submit to the Select Committee on Intelligence and

15 the Committee on Veterans’ Affairs of the Senate and the

16 Permanent Select Committee on Intelligence and the Com17 mittee on Veterans’ Affairs of the House of Representatives

18 on an annual basis a report on the number of persons whose

19 reemployment with the agency was determined under this

20 subsection to be impossible or unreasonable during the year

21 preceding the report, including the reason for each such de22 termination.

23 ‘‘(d)(1) Except as provided in this section, nothing in

24 this section, section 4313, or section 4325 shall be construed

25 to exempt any agency referred to in subsection (a) from
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1 compliance with any other substantive provision of this

2 chapter.

3 ‘‘(2) This section may not be construed—

4 ‘‘(A) as prohibiting an employee of an agency re5 ferred to in subsection (a) from seeking information

6 from the Secretary regarding assistance in seeking re7 employment from the agency under this chapter, al8 ternative employment in the Federal Government

9 under this chapter, or information relating to the

10 rights and obligations of employee and Federal agen11 cies under this chapter; or

12 ‘‘(B) as prohibiting such an agency from volun13 tarily cooperating with or seeking assistance in or of

14 clarification from the Secretary or the Director of the

15 Office of Personnel Management of any matter aris16 ing under this chapter.

17 ‘‘(e) The Director of the Office of Personnel Manage18 ment shall ensure the offer of employment to a person in

19 a position in a Federal executive agency on the basis de20 scribed in subsection (b) if—

21 ‘‘(1) the person was an employee of an agency

22 referred to in section 2302(a)(2)(C)(ii) of title 5 at

23 the time the person entered the service from which the

24 person seeks reemployment under this section;
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1 ‘‘(2) the appropriate officer of the agency deter2 mines under subsection (c) that reemployment of the

3 person by the agency is impossible or unreasonable;

4 and

5 ‘‘(3) the person submits an application to the

6 Director for an offer of employment under this sub7 section.

8 ‘‘§ 4316. Rights, benefits, and obligations of persons

9 absent from employment for service in a

10 uniformed service

11 ‘‘(a) A person who is reemployed under this chapter

12 is entitled to the seniority and other rights and benefits de13 termined by seniority that the person had on the date of

14 the commencement of service in the uniformed services plus

15 the additional seniority and rights and benefits that such

16 person would have attained if the person had remained con17 tinuously employed.

18 ‘‘(b)(1) Subject to paragraphs (2) through (6), a person

19 who is absent from a position of employment by reason of

20 service in the uniformed services shall be—

21 ‘‘(A) deemed to be on furlough or leave of absence

22 while performing such service; and

23 ‘‘(B) entitled to such other rights and benefits

24 not determined by seniority as are generally provided

25 by the employer of the person to employees having
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1 similar seniority, status, and pay who are on fur2 lough or leave of absence under a contract, agreement,

3 policy, practice, or plan in effect at the commence4 ment of such service or established while such person

5 performs such service.

6 ‘‘(2)(A) Subject to subparagraph (B), a person who—

7 ‘‘(i) is absent from a position of employment by

8 reason of service in the uniformed services, and

9 ‘‘(ii) knowingly provides written notice of intent

10 not to return to a position of employment after serv11 ice in the uniformed service,

12 is not entitled to rights and benefits under paragraph

13 (1)(B).

14 ‘‘(B) For the purposes of subparagraph (A), the em15 ployer shall have the burden of proving that a person know16 ingly provided clear written notice of intent not to return

17 to a position of employment after service in the uniformed

18 service and, in doing so, was aware of the specific rights

19 and benefits to be lost under subparagraph (A).

20 ‘‘(3) A person deemed to be on furlough or leave of

21 absence under this subsection while serving in the uni22 formed services shall not be entitled under this subsection

23 to any benefits to which the person would not otherwise be

24 entitled if the person had remained continuously employed.
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1 ‘‘(4) Such person may be required to pay the employee

2 cost, if any, of any funded benefit continued pursuant to

3 paragraph (1) to the extent other employees on furlough or

4 leave of absence are so required.

5 ‘‘(5) The entitlement of a person to coverage under a

6 health plan is provided for under section 4317.

7 ‘‘(6) The entitlement of a person to a right or benefit

8 under an employee pension benefit plan is provided for

9 under section 4318.

10 ‘‘(c) A person who is reemployed by an employer under

11 this chapter shall not be discharged from such employment,

12 except for cause—

13 ‘‘(1) within one year after the date of such reem14 ployment, if the person’s period of service before the

15 reemployment was more than 180 days; or

16 ‘‘(2) within 180 days after the date of such reem17 ployment, if the person’s period of service before the

18 reemployment was more than 30 days but less than

19 181 days.

20 ‘‘(d) Any person whose employment with an employer

21 is interrupted by a period of service in the uniformed serv22 ices shall be permitted, upon request of that person, to use

23 during such period of service any vacation, annual, or simi24 lar leave with pay accrued by the person before the com25 mencement of such service.
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1 ‘‘§ 4317. Health plans

2 ‘‘(a)(1)(A) Subject to paragraphs (2) and (3), in any

3 case in which a person (or the person’s dependents) has cov4 erage under a health plan in connection with the person’s

5 position of employment, including a group health plan (as

6 defined in section 607(1) of the Employee Retirement In7 come Security Act of 1974), and such person is absent from

8 such position of employment by reason of service in the uni9 formed services, the plan shall provide that the person may

10 elect to continue such coverage as provided in this sub11 section. The maximum period of coverage of a person and

12 the person’s dependents under such an election shall be the

13 lesser of—

14 ‘‘(i) the 18-month period beginning on the date

15 on which the person’s absence begins; or

16 ‘‘(ii) the day after the date on which the person

17 fails to apply for or return to a position of employ18 ment, as determined under section 4312(e).

19 ‘‘(B) A person who elects to continue health-plan cov20 erage under this paragraph may be required to pay not

21 more than 102 percent of the full premium under the plan

22 (determined in the same manner as the applicable premium

23 under section 4980B(f)(4) of the Internal Revenue Code of

24 1986) associated with such coverage for the employer’s other

25 employees, except that in the case of a person who performs

26 service in the uniformed services for less than 31 days, such
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1 person may not be required to pay more than the employee

2 share, if any, for such coverage.

3 ‘‘(C) In the case of a health plan that is a multiem4 ployer plan, as defined in section 3(37) of the Employee

5 Retirement Income Security Act of 1974, any liability

6 under the plan for employer contributions and benefits aris7 ing under this paragraph shall be allocated—

8 ‘‘(i) by the plan in such manner as the plan

9 sponsor shall provide; or

10 ‘‘(ii) if the sponsor does not provide—

11 ‘‘(I) to the last employer employing the per12 son before the period served by the person in the

13 uniformed services, or

14 ‘‘(II) if such last employer is no longer

15 functional, to the plan.

16 ‘‘(b)(1) Except as provided in paragraph (2), in the

17 case of a person whose coverage under a health plan was

18 terminated by reason of service in the uniformed services,

19 an exclusion or waiting period may not be imposed in con20 nection with the reinstatement of such coverage upon reem21 ployment under this chapter if an exclusion or waiting pe22 riod would not have been imposed under health plan had

23 coverage of such person by such plan not been terminated

24 as a result of such service. This paragraph applies to the

25 person who is reemployed and to any individual who is
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1 covered by such plan by reason of the reinstatement of the

2 coverage of such person.

3 ‘‘(2) Paragraph (1) shall not apply to the coverage of

4 any illness or injury determined by the Secretary of Veter5 ans Affairs to have been incurred in, or aggravated during,

6 performance of service in the uniformed services.

7 ‘‘§ 4318. Employee pension benefit plans

8 ‘‘(a)(1)(A) Except as provided in subparagraph (B),

9 in the case of a right provided pursuant to an employee

10 pension benefit plan (including those described in sections

11 3(2) and 3(33) of the Employee Retirement Income Secu12 rity Act of 1974) or a right provided under any Federal

13 or State law governing pension benefits for governmental

14 employees, the right to pension benefits of a person reem15 ployed under this chapter shall be determined under this

16 section.

17 ‘‘(B) In the case of benefits under the Thrift Savings

18 Plan, the rights of a person reemployed under this chapter

19 shall be those rights provided in section 8432b of title 5.

20 The first sentence of this subparagraph shall not be con21 strued to affect any other right or benefit under this

22 chapter.

23 ‘‘(2)(A) A person reemployed under this chapter shall

24 be treated as not having incurred a break in service with

25 the employer or employers maintaining the plan by reason
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1 of such person’s period or periods of service in the uni2 formed services.

3 ‘‘(B) Each period served by a person in the uniformed

4 services shall, upon reemployment under this chapter, be

5 deemed to constitute service with the employer or employers

6 maintaining the plan for the purpose of determining the

7 nonforfeitability of the person’s accrued benefits and for the

8 purpose of determining the accrual of benefits under the

9 plan.

10 ‘‘(b)(1) An employer reemploying a person under this

11 chapter shall, with respect to a period of service described

12 in subsection (a)(2)(B), be liable to an employee pension

13 benefit plan for funding any obligation of the plan to pro14 vide the benefits described in subsection (a)(2) and shall al15 locate the amount of any employer contribution for the per16 son in the same manner and to the same extent the alloca17 tion occurs for other employees during the period of service.

18 For purposes of determining the amount of such liability

19 and any obligation of the plan, earnings and forfeitures

20 shall not be included. For purposes of determining the

21 amount of such liability and for purposes of section 515

22 of the Employee Retirement Income Security Act of 1974

23 or any similar Federal or State law governing pension ben24 efits for governmental employees, service in the uniformed

25 services that is deemed under subsection (a) to be service
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1 with the employer shall be deemed to be service with the

2 employer under the terms of the plan or any applicable col3 lective bargaining agreement. In the case of a multiem4 ployer plan, as defined in section 3(37) of the Employee

5 Retirement Income Security Act of 1974, any liability of

6 the plan described in this paragraph shall be allocated—

7 ‘‘(A) by the plan in such manner as the sponsor

8 maintaining the plan shall provide; or

9 ‘‘(B) if the sponsor does not provide—

10 ‘‘(i) to the last employer employing the per11 son before the period served by the person in the

12 uniformed services, or

13 ‘‘(ii) if such last employer is no longer func14 tional, to the plan.

15 ‘‘(2) A person reemployed under this chapter shall be

16 entitled to accrued benefits pursuant to subsection (a) that

17 are contingent on the making of, or derived from, employee

18 contributions or elective deferrals (as defined in section

19 402(g)(3) of the Internal Revenue Code of 1986) only to

20 the extent the person makes payment to the plan with re21 spect to such contributions or deferrals. No such payment

22 may exceed the amount the person would have been per23 mitted or required to contribute had the person remained

24 continuously employed by the employer throughout the pe25 riod of service described in subsection (a)(2)(B). Any pay-
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1 ment to the plan described in this paragraph shall be made

2 during the period beginning with the date of reemployment

3 and whose duration is three times the period of the person’s

4 service in the uniformed services, not to exceed five years.

5 ‘‘(3) For purposes of computing an employer’s liability

6 under paragraph (1) or the employee’s contributions under

7 paragraph (2), the employee’s compensation during the pe8 riod of service described in subsection (a)(2)(B) shall be

9 computed—

10 ‘‘(A) at the rate the employee would have re11 ceived but for the period of service described in sub12 section (a)(2)(B), or

13 ‘‘(B) in the case that the determination of such

14 rate is not reasonably certain, on the basis of the em15 ployee’s average rate of compensation during the 12-

16 month period immediately preceding such period (or,

17 if shorter, the period of employment immediately pre18 ceding such period).

19 ‘‘(c) Any employer who reemploys a person under this

20 chapter and who is an employer contributing to a multiem21 ployer plan, as defined in section 3(37) of the Employee

22 Retirement Income Security Act of 1974, under which bene23 fits are or may be payable to such person by reason of the

24 obligations set forth in this chapter, shall, within 30 days

25 after the date of such reemployment, provide information,
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1 in writing, of such reemployment to the administrator of

2 such plan.

3 ‘‘SUBCHAPTER III—PROCEDURES FOR ASSIST4 ANCE, ENFORCEMENT, AND INVESTIGATION

5 ‘‘§ 4321. Assistance in obtaining reemployment or

6 other employment rights or benefits

7 ‘‘The Secretary (through the Veterans’ Employment

8 and Training Service) shall provide assistance to any per9 son with respect to the employment and reemployment

10 rights and benefits to which such person is entitled under

11 this chapter. In providing such assistance, the Secretary

12 may request the assistance of existing Federal and State

13 agencies engaged in similar or related activities and utilize

14 the assistance of volunteers.

15 ‘‘§ 4322. Enforcement of employment or reemployment

16 rights

17 ‘‘(a) A person who claims that—

18 ‘‘(1) such person is entitled under this chapter to

19 employment or reemployment rights or benefits with

20 respect to employment by an employer; and

21 ‘‘(2)(A) such employer has failed or refused, or

22 is about to fail or refuse, to comply with the provi23 sions of this chapter; or

24 ‘‘(B) in the case that the employer is a Federal

25 executive agency, such employer or the Office of Per-
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1 sonnel Management has failed or refused, or is about

2 to fail or refuse, to comply with the provisions of this

3 chapter,

4 may file a complaint with the Secretary in accordance with

5 subsection (b), and the Secretary shall investigate such com6 plaint.

7 ‘‘(b) Such complaint shall be in writing, be in such

8 form as the Secretary may prescribe, include the name and

9 address of the employer against whom the complaint is

10 filed, and contain a summary of the allegations that form

11 the basis for the complaint.

12 ‘‘(c) The Secretary shall, upon request, provide tech13 nical assistance to a potential claimant with respect to a

14 complaint under this subsection, and when appropriate, to

15 such claimant’s employer.

16 ‘‘(d) The Secretary shall investigate each complaint

17 submitted pursuant to subsection (a). If the Secretary deter18 mines as a result of the investigation that the action alleged

19 in such complaint occurred, the Secretary shall resolve the

20 complaint by making reasonable efforts to ensure that the

21 person or entity named in the complaint complies with the

22 provisions of this chapter.

23 ‘‘(e) If the efforts of the Secretary with respect to a

24 complaint under subsection (d) are unsuccessful, the Sec-
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1 retary shall notify the person who submitted the complaint

2 of—

3 ‘‘(1) the results of the Secretary’s investigation;

4 and

5 ‘‘(2) the complainant’s entitlement to proceed

6 under the enforcement of rights provisions provided

7 under section 4323 (in the case of a person submit8 ting a complaint against a State or private em9 ployer) or section 4324 (in the case of a person sub10 mitting a complaint against a Federal executive

11 agency).

12 ‘‘(f) This subchapter does not apply to any action re13 lating to benefits to be provided under the Thrift Savings

14 Plan under title 5.

15 ‘‘§ 4323. Enforcement of rights with respect to a State

16 or private employer

17 ‘‘(a)(1) A person who receives from the Secretary a no18 tification pursuant to section 4322(e) of an unsuccessful ef19 fort to resolve a complaint relating to a State (as an em20 ployer) or a private employer may request that the Sec21 retary refer the complaint to the Attorney General. If the

22 Attorney General is reasonably satisfied that the person on

23 whose behalf the complaint is referred is entitled to the

24 rights or benefits sought, the Attorney General may appear

25 on behalf of, and act as attorney for, the person on whose
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1 behalf the complaint is submitted and commence an action

2 for appropriate relief for such person in an appropriate

3 United States district court.

4 ‘‘(2) A person may commence an action for relief with

5 respect to a complaint if that person—

6 ‘‘(A) has chosen not to apply to the Secretary for

7 assistance regarding the complaint under section

8 4322(c);

9 ‘‘(B) has chosen not to request that the Secretary

10 refer the complaint to the Attorney General under

11 paragraph (1); or

12 ‘‘(C) has been refused representation by the At13 torney General with respect to the complaint under

14 such paragraph.

15 ‘‘(b) In the case of an action against a State as an

16 employer, the appropriate district court is the court for any

17 district in which the State exercises any authority or car18 ries out any function. In the case of a private employer

19 the appropriate district court is the district court for any

20 district in which the private employer of the person main21 tains a place of business.

22 ‘‘(c)(1)(A) The district courts of the United States shall

23 have jurisdiction, upon the filing of a complaint, motion,

24 petition, or other appropriate pleading by or on behalf of

25 the person claiming a right or benefit under this chapter—
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1 ‘‘(i) to require the employer to comply with the

2 provisions of this chapter;

3 ‘‘(ii) to require the employer to compensate the

4 person for any loss of wages or benefits suffered by

5 reason of such employer’s failure to comply with the

6 provisions of this chapter; and

7 ‘‘(iii) to require the employer to pay the person

8 an amount equal to the amount referred to in clause

9 (ii) as liquidated damages, if the court determines

10 that the employer’s failure to comply with the provi11 sions of this chapter was willful.

12 ‘‘(B) Any compensation under clauses (ii) and (iii)

13 of subparagraph (A) shall be in addition to, and shall not

14 diminish, any of the other rights and benefits provided for

15 in this chapter.

16 ‘‘(2)(A) No fees or court costs shall be charged or taxed

17 against any person claiming rights under this chapter.

18 ‘‘(B) In any action or proceeding to enforce a provi19 sion of this chapter by a person under subsection (a)(2) who

20 obtained private counsel for such action or proceeding, the

21 court may award any such person who prevails in such

22 action or proceeding reasonable attorney fees, expert witness

23 fees, and other litigation expenses.

24 ‘‘(3) The court may use its full equity powers, includ25 ing temporary or permanent injunctions, temporary re-
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1 straining orders, and contempt orders, to vindicate fully the

2 rights or benefits of persons under this chapter.

3 ‘‘(4) An action under this chapter may be initiated

4 only by a person claiming rights or benefits under this

5 chapter, not by an employer, prospective employer, or other

6 entity with obligations under this chapter.

7 ‘‘(5) In any such action, only an employer or a poten8 tial employer, as the case may be, shall be a necessary party

9 respondent.

10 ‘‘(6) No State statute of limitations shall apply to any

11 proceeding under this chapter.

12 ‘‘(7) A State shall be subject to the same remedies, in13 cluding prejudgment interest, as may be imposed upon any

14 private employer under this section.

15 ‘‘§ 4324. Enforcement of rights with respect to Federal

16 executive agencies

17 ‘‘(a)(1) A person who receives from the Secretary a no18 tification pursuant to section 4322(e) of an unsuccessful ef19 fort to resolve a complaint relating to a Federal executive

20 agency may request that the Secretary refer the complaint

21 for litigation before the Merit Systems Protection Board.

22 The Secretary shall refer the complaint to the Office of Spe23 cial Counsel established by section 1211 of title 5.

24 ‘‘(2)(A) If the Special Counsel is reasonably satisfied

25 that the person on whose behalf a complaint is referred
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1 under paragraph (1) is entitled to the rights or benefits

2 sought, the Special Counsel (upon the request of the person

3 submitting the complaint) may appear on behalf of, and

4 act as attorney for, the person and initiate an action re5 garding such complaint before the Merit Systems Protection

6 Board.

7 ‘‘(B) If the Special Counsel declines to initiate an ac8 tion and represent a person before the Merit Systems Pro9 tection Board under subparagraph (A), the Special Counsel

10 shall notify such person of that decision.

11 ‘‘(b) A person may submit a complaint against a Fed12 eral executive agency under this subchapter directly to the

13 Merit Systems Protection Board if that person—

14 ‘‘(1) has chosen not to apply to the Secretary for

15 assistance regarding a complaint under section

16 4322(c);

17 ‘‘(2) has received a notification from the Sec18 retary under section 4322(e);

19 ‘‘(3) has chosen not to be represented before the

20 Board by the Special Counsel pursuant to subsection

21 (a)(2)(A); or

22 ‘‘(4) has received a notification of a decision

23 from the Special Counsel under subsection (a)(2)(B).

24 ‘‘(c)(1) The Merit Systems Protection Board shall ad25 judicate any complaint brought before the Board pursuant
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1 to subsection (a)(2)(A) or (b). A person who seeks a hearing

2 or adjudication by submitting such a complaint under this

3 paragraph may be represented at such hearing or adjudica4 tion in accordance with the rules of the Board.

5 ‘‘(2) If the Board determines that a Federal executive

6 agency has not complied with the provisions of this chapter

7 relating to the employment or reemployment of a person

8 by the agency, the Board shall enter an order requiring the

9 agency or employee to comply with such provisions and to

10 compensate such person for any loss of wages or benefits

11 suffered by such person by reason of such lack of compli12 ance.

13 ‘‘(3) Any compensation received by a person pursuant

14 to an order under paragraph (2) shall be in addition to

15 any other right or benefit provided for by this chapter and

16 shall not diminish any such right or benefit.

17 ‘‘(4) If the Board determines as a result of a hearing

18 or adjudication conducted pursuant to a complaint submit19 ted by a person directly to the Board pursuant to subsection

20 (b) that such person is entitled to an order referred to in

21 paragraph (2), the Board may, in its discretion, award

22 such person reasonable attorney fees, expert witness fees,

23 and other litigation expenses.

24 ‘‘(d)(1) A person adversely affected or aggrieved by a

25 final order or decision of the Merit Systems Protection
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1 Board under subsection (c) may petition the United States

2 Court of Appeals for the Federal Circuit to review the final

3 order or decision. Such petition and review shall be in ac4 cordance with the procedures set forth in section 7703 of

5 title 5.

6 ‘‘(2) Such person may be represented in the Federal

7 Circuit proceeding by the Special Counsel unless the person

8 was not represented by the Special Counsel before the Merit

9 Systems Protection Board regarding such order or decision.

10 ‘‘§ 4325. Enforcement of rights with respect to certain

11 Federal agencies

12 ‘‘(a) This section applies to any person who alleges

13 that—

14 ‘‘(1) the reemployment of such person by an

15 agency referred to in subsection (a) of section 4315

16 was not in accordance with procedures for the reem17 ployment of such person under subsection (b) of such

18 section; or

19 ‘‘(2) the failure of such agency to reemploy the

20 person under such section was otherwise wrongful.

21 ‘‘(b) Any person referred to in subsection (a) may sub22 mit a claim relating to an allegation referred to in that

23 subsection to the inspector general of the agency which is

24 the subject of the allegation. The inspector general shall in-
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1 vestigate and resolve the allegation pursuant to procedures

2 prescribed by the head of the agency.

3 ‘‘(c) In prescribing procedures for the investigation

4 and resolution of allegations under subsection (b), the head

5 of an agency shall ensure, to the maximum extent prac6 ticable, that the procedures are similar to the procedures

7 for investigating and resolving complaints utilized by the

8 Secretary under section 4322(d).

9 ‘‘(d) This section may not be construed—

10 ‘‘(1) as prohibiting an employee of an agency re11 ferred to in subsection (a) from seeking information

12 from the Secretary regarding assistance in seeking re13 employment from the agency under this chapter, al14 ternative employment in the Federal Government

15 under this chapter, or information relating to the

16 rights and obligations of employee and Federal agen17 cies under this chapter; or

18 ‘‘(2) as prohibiting such an agency from volun19 tarily cooperating with or seeking assistance in or of

20 clarification from the Secretary or the Director of the

21 Office of Personnel Management of any matter aris22 ing under this chapter.

23 ‘‘§ 4326. Conduct of investigation; subpoenas

24 ‘‘(a) In carrying out any investigation under this

25 chapter, the Secretary’s duly authorized representatives
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1 shall, at all reasonable times, have reasonable access to, for

2 purposes of examination, and the right to copy and receive,

3 any documents of any person or employer that the Sec4 retary considers relevant to the investigation.

5 ‘‘(b) In carrying out any investigation under this

6 chapter, the Secretary may require by subpoena the attend7 ance and testimony of witnesses and the production of docu8 ments relating to any matter under investigation. In case

9 of disobedience of the subpoena or contumacy and on request

10 of the Secretary, the Attorney General may apply to any

11 district court of the United States in whose jurisdiction

12 such disobedience or contumacy occurs for an order enforc13 ing the subpoena.

14 ‘‘(c) Upon application, the district courts of the United

15 States shall have jurisdiction to issue writs commanding

16 any person or employer to comply with the subpoena of the

17 Secretary or to comply with any order of the Secretary

18 made pursuant to a lawful investigation under this chapter

19 and the district courts shall have jurisdiction to punish fail20 ure to obey a subpoena or other lawful order of the Sec21 retary as a contempt of court.

22 ‘‘(d) Subsections (b) and (c) shall not apply to the leg23 islative branch or the judicial branch of the United States.
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1 ‘‘SUBCHAPTER IV—MISCELLANEOUS PROVISIONS

2 ‘‘§ 4331. Regulations

3 ‘‘(a) The Secretary (in consultation with the Secretary

4 of Defense) may prescribe regulations implementing the

5 provisions of this chapter with regard to the application

6 of this chapter to States, local governments, and private em7 ployers.

8 ‘‘(b)(1) The Director of the Office of Personnel Manage9 ment (in consultation with the Secretary and the Secretary

10 of Defense) may prescribe regulations implementing the

11 provisions of this chapter with regard to the application

12 of this chapter to Federal executive agencies (other than the

13 agencies referred to in paragraph (2)) as employers. Such

14 regulations shall be consistent with the regulations pertain15 ing to the States as employers and private employers, except

16 that employees of the Federal Government may be given

17 greater or additional rights.

18 ‘‘(2) The following entities may prescribe regulations

19 to carry out the activities of such entities under this chap20 ter:

21 ‘‘(A) The Merit Systems Protection Board.

22 ‘‘(B) The Office of Special Counsel.

23 ‘‘(C) The agencies referred to in section

24 2303(a)(2)(C)(ii) of title 5.
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1 ‘‘§ 4332. Reports

2 ‘‘The Secretary shall, after consultation with the Attor3 ney General and the Special Counsel referred to in section

4 4324(a)(1) and no later than February 1, 1996, and annu5 ally thereafter through 2000, transmit to the Congress, a

6 report containing the following matters for the fiscal year

7 ending before such February 1:

8 ‘‘(1) The number of cases reviewed by the De9 partment of Labor under this chapter during the fis10 cal year for which the report is made.

11 ‘‘(2) The number of cases referred to the Attorney

12 General or the Special Counsel pursuant to section

13 4323 or 4324, respectively, during such fiscal year.

14 ‘‘(3) The number of complaints filed by the At15 torney General pursuant to section 4323 during such

16 fiscal year.

17 ‘‘(4) The nature and status of each case reported

18 on pursuant to paragraph (1), (2), or (3).

19 ‘‘(5) An indication of whether there are any ap20 parent patterns of violation of the provisions of this

21 chapter, together with an explanation thereof.

22 ‘‘(6) Recommendations for administrative or leg23 islative action that the Secretary, the Attorney Gen24 eral, or the Special Counsel considers necessary for

25 the effective implementation of this chapter, including

26 any action that could be taken to encourage medi-
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1 ation, before claims are filed under this chapter, be2 tween employers and persons seeking employment or

3 reemployment.

4 ‘‘§ 4333. Outreach

5 ‘‘The Secretary, the Secretary of Defense, and the Sec6 retary of Veterans Affairs shall take such actions as such

7 Secretaries determine are appropriate to inform persons en8 titled to rights and benefits under this chapter and employ9 ers of the rights, benefits, and obligations of such persons

10 and such employers under this chapter.’’.

11 (b) CONFORMING AMENDMENTS.—

12 (1) AMENDMENTS TO TITLE 38.—The tables of

13 chapters at the beginning of title 38, United States

14 Code, and the beginning of part III of such title are

15 each amended by striking out the item relating to

16 chapter 43 and inserting in lieu thereof the following:

‘‘43. Employment and reemployment rights of members of

the uniformed services ....................................................................... 4301’’.

17 (2) AMENDMENT TO TITLE 5.—(A) Section

18 1204(a)(1) of title 5, United States Code, is amended

19 by striking out ‘‘section 4323’’ and inserting in lieu

20 thereof ‘‘chapter 43’’.

21 (B) Subchapter II of chapter 35 of such title is

22 repealed.

23 (C) The table of sections for chapter 35 of such

24 title is amended by striking out the heading relating
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1 to subchapter II of such chapter and the item relating

2 to section 3551 of such chapter.

3 (3) AMENDMENT TO TITLE 10.—Section 706(c)(1)

4 of title 10, United States Code, is amended by strik5 ing out ‘‘section 4321’’ and inserting in lieu thereof

6 ‘‘chapter 43’’.

7 (c) AMENDMENTS TO TITLE 28.—Section 631 of title

8 28, United States Code, is amended—

9 (1) by striking out subsection (j);

10 (2) by redesignating subsections (k) and (l) as

11 subsections (j) and (k), respectively; and

12 (3) in subsection (j), as redesignated by para13 graph (2), by striking out ‘‘under the terms of’’ and

14 all that follows through ‘‘section,’’ the first place it

15 appears and inserting in lieu thereof ‘‘under chapter

16 43 of title 38,’’.

17 SEC. 3. EXEMPTION FROM MINIMUM SERVICE REQUIRE18 MENTS.

19 Section 5303A(b)(3) of title 38, United States Code,

20 is amended—

21 (1) by striking out ‘‘or’’ at the end of subpara22 graph (E);

23 (2) by striking out the period at the end of sub24 paragraph (F) and inserting in lieu thereof ‘‘; or’’;

25 and
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1 (3) by adding at the end thereof the following

2 new subparagraph:

3 ‘‘(G) to benefits under chapter 43 of this title.’’.

4 SEC. 4. THRIFT SAVINGS PLAN.

5 (a) IN GENERAL.—(1) Title 5, United States Code, is

6 amended by inserting after section 8432a the following:

7 ‘‘§ 8432b. Contributions of persons who perform mili8 tary service

9 ‘‘(a) This section applies to any employee who—

10 ‘‘(1) separates or enters leave-without-pay status

11 in order to perform military service; and

12 ‘‘(2) is subsequently restored to or reemployed in

13 a position which is subject to this chapter, pursuant

14 to chapter 43 of title 38.

15 ‘‘(b)(1) Each employee to whom this section applies

16 may contribute to the Thrift Savings Fund, in accordance

17 with this subsection, an amount not to exceed the amount

18 described in paragraph (2).

19 ‘‘(2) The maximum amount which an employee may

20 contribute under this subsection is equal to—

21 ‘‘(A) the contributions under section 8432(a)

22 which would have been made, over the period begin23 ning on date of separation or commencement of leave24 without-pay status (as applicable) and ending on the
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1 day before the date of restoration or reemployment (as

2 applicable); reduced by

3 ‘‘(B) any contributions under section 8432(a) ac4 tually made by such employee over the period de5 scribed in subparagraph (A).

6 ‘‘(3) Contributions under this subsection—

7 ‘‘(A) shall be made at the same time and in the

8 same manner as would any contributions under sec9 tion 8432(a);

10 ‘‘(B) shall be made over the period of time speci11 fied by the employee under paragraph (4)(B); and

12 ‘‘(C) shall be in addition to any contributions

13 then actually being made under section 8432(a).

14 ‘‘(4) The Executive Director shall prescribe the time,

15 form, and manner in which an employee may specify—

16 ‘‘(A) the total amount such employee wishes to

17 contribute under this subsection with respect to any

18 particular period referred to in paragraph (2)(B);

19 and

20 ‘‘(B) the period of time over which the employee

21 wishes to make contributions under this subsection.

22 The employing agency may place a maximum limit on the

23 period of time referred to in subparagraph (B), which can24 not be shorter than two times the period referred to in para25 graph (2)(B) and not longer than four times such period.
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1 ‘‘(c) If an employee makes contributions under sub2 section (b), the employing agency shall make contributions

3 to the Thrift Savings Fund on such employee’s behalf—

4 ‘‘(1) in the same manner as would be required

5 under section 8432(c)(2) if the employee contributions

6 were being made under section 8432(a); and

7 ‘‘(2) disregarding any contributions then actu8 ally being made under section 8432(a) and any agen9 cy contributions relating thereto.

10 ‘‘(d) An employee to whom this section applies is enti11 tled to have contributed to the Thrift Savings Fund on such

12 employee’s behalf an amount equal to—

13 ‘‘(1) 1 percent of such employee’s basic pay (as

14 determined under subsection (e)) for the period re15 ferred to in subsection (b)(2)(B); reduced by

16 ‘‘(2) any contributions actually made on such

17 employee’s behalf under section 8432(c)(1) with re18 spect to the period referred to in subsection (b)(2)(B).

19 ‘‘(e) For purposes of any computation under this sec20 tion, an employee shall, with respect to the period referred

21 to in subsection (b)(2)(B), be considered to have been paid

22 at the rate which would have been payable over such period

23 had such employee remained continuously employed in the

24 position which such employee last held before separating or
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1 entering leave-without-pay status to perform military

2 service.

3 ‘‘(f)(1) The employing agency may be required to pay

4 lost earnings on contributions made pursuant to subsections

5 (c) and (d). Such earnings, if required, shall be calculated

6 retroactively to the date the contribution would have been

7 made had the employee not separated or entered leave with8 out pay status to perform military service.

9 ‘‘(2) Procedures for calculating and crediting the earn10 ings payable pursuant to paragraph (1) shall be prescribed

11 by the Executive Director.

12 ‘‘(g) Amounts paid under subsection (c), (d), or (f)

13 shall be paid—

14 ‘‘(1) by the agency to which the employee is re15 stored or in which such employee is reemployed;

16 ‘‘(2) from the same source as would be the case

17 under section 8432(e) with respect to sums required

18 under section 8432(c); and

19 ‘‘(3) within the time prescribed by the Executive

20 Director.

21 ‘‘(h)(1) For purposes of section 8432(g), in the case

22 of an employee to whom this section applies—

23 ‘‘(A) a separation from civilian service in order

24 to perform the military service on which the employ-
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1 ee’s restoration or reemployment rights are based

2 shall be disregarded; and

3 ‘‘(B) such employee shall be credited with a pe4 riod of civilian service equal to the period referred to

5 in subsection (b)(2)(B).

6 ‘‘(2)(A) An employee to whom this section applies may

7 elect, for purposes of section 8433(d), or paragraph (1) or

8 (2) of section 8433(h), as the case may be, to have such

9 employee’s separation (described in subsection (a)(1)) treat10 ed as if it had never occurred.

11 ‘‘(B) An election under this paragraph shall be made

12 within such period of time after restoration or reemploy13 ment (as the case may be) and otherwise in such manner

14 as the Executive Director prescribes.

15 ‘‘(i) The Executive Director shall prescribe regulations

16 to carry out this section.’’.

17 (2) The table of sections for chapter 84 of title 5, Unit18 ed States Code, is amended by inserting after the item relat19 ing to section 8432a the following:

‘‘8432b. Contributions of persons who perform military service.’’.

20 (b) PRESERVATION OF CERTAIN RIGHTS.—(1) Section

21 8433(d) of title 5, United States Code, is amended by strik22 ing ‘‘subsection (e).’’ and inserting ‘‘subsection (e), unless

23 an election under section 8432b(h)(2) is made to treat such

24 separation for purposes of this subsection as if it had never

25 occurred.’’.
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1 (2) Paragraphs (1) and (2) of section 8433(h) are each

2 amended by striking the period at the end and inserting

3 ‘‘, or unless an election under section 8432b(h)(2) is made

4 to treat such separation for purposes of this paragraph as

5 if it had never occurred.’’.

6 (c) ELECTION TO RESUME REGULAR CONTRIBUTIONS

7 UPON RESTORATION OR REEMPLOYMENT.—Section 8432 of

8 title 5, United States Code, is amended by adding at the

9 end the following:

10 ‘‘(i)(1) This subsection applies to any employee—

11 ‘‘(A) to whom section 8432b applies; and

12 ‘‘(B) who, during the period of such employee’s

13 absence from civilian service (as referred to in section

14 8432b(b)(2)(B))—

15 ‘‘(i) is eligible to make an election described

16 in subsection (b)(1); or

17 ‘‘(ii) would be so eligible but for having

18 either elected to terminate individual contribu19 tions to the Thrift Savings Fund within 2

20 months before commencing military service or

21 separated in order to perform military service.

22 ‘‘(2) The Executive Director shall prescribe regulations

23 to ensure that any employee to whom this subsection applies

24 shall, within a reasonable time after being restored or reem25 ployed (in the manner described in section 8432b(a)(2)),
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1 be afforded the opportunity to make, for purposes of this

2 section, any election which would be allowable during a pe3 riod described in subsection (b)(1)(A).’’.

4 (d) APPLICABILITY TO EMPLOYEES UNDER CSRS.—

5 Section 8351(b) of title 5, United States Code, is amended

6 by adding at the end the following:

7 ‘‘(11) In applying section 8432b to an employee con8 tributing to the Thrift Savings Fund after being restored

9 to or reemployed in a position subject to this subchapter,

10 pursuant to chapter 43 of title 38—

11 ‘‘(A) any reference in such section to contribu12 tions under section 8432(a) shall be considered a ref13 erence to employee contributions under this section;

14 ‘‘(B) the contribution rate under section

15 8432b(b)(2)(A) shall be the maximum percentage al16 lowable under subsection (b)(2) of this section; and

17 ‘‘(C) subsections (c) and (d) of section 8432b

18 shall be disregarded.’’.

19 (e) EFFECTIVE DATE; APPLICABILITY.—This section

20 and the amendments made by this section—

21 (1) shall take effect on the date of enactment of

22 this Act; and

23 (2) shall apply to any employee whose release

24 from military service, discharge from hospitalization,

25 or other similar event making the individual eligible
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1 to seek restoration or reemployment under chapter 43

2 of title 38, United States Code, occurs on or after Au3 gust 2, 1990.

4 (f) RULES FOR APPLYING AMENDMENTS TO EMPLOY5 EES RESTORED OR REEMPLOYED BEFORE EFFECTIVE

6 DATE.—In the case of any employee (described in sub7 section (e)(2)) who is reemployed or restored (in the cir8 cumstances described in section 8432b(a) of title 5, United

9 States Code, as amended by this section) before the date of

10 enactment of this Act, the amendments made by this section

11 shall apply to such employee, in accordance with their

12 terms, subject to the following:

13 (1) The employee shall be deemed not to have

14 been reemployed or restored until—

15 (A) the date of enactment of this Act, or

16 (B) the first day following such employee’s

17 reemployment or restoration on which such em18 ployee is or was eligible to make an election re19 lating to contributions to the Thrift Savings

20 Fund,

21 whichever occurs or occurred first.

22 (2) If the employee changed agencies during the

23 period between date of actual reemployment or res24 toration and the date of enactment of this Act, the
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1 employing agency as of such date of enactment shall

2 be considered the reemploying or restoring agency.

3 (3)(A) For purposes of any computation under

4 section 8432b of such title, pay shall be determined in

5 accordance with subsection (e) of such section, except

6 that, with respect to the period described in subpara7 graph (B), actual pay attributable to such period

8 shall be used.

9 (B) The period described in this subparagraph is

10 the period beginning on the first day of the first ap11 plicable pay period beginning on or after the date of

12 the employee’s actual reemployment or restoration

13 and ending on the day before the date determined

14 under paragraph (1).

15 (4) Deem section 8432b(b)(2)(A) of such title to

16 be amended by striking ‘‘ending on the day before the

17 date of restoration or reemployment (as applicable)’’

18 and inserting ‘‘ending on the date determined under

19 section 4(f)(1) of the Uniformed Services Employment

20 and Reemployment Rights Act of 1994’’.

21 SEC. 5. REVISION OF FEDERAL CIVIL SERVICE RETIREMENT

22 BENEFIT PROGRAM FOR RESERVISTS.

23 (a) CREDITABLE MILITARY SERVICE UNDER CSRS.—

24 Section 8331(13) of title 5, United States Code, is amended

25 in the flush matter by inserting ‘‘or full-time National
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1 Guard duty (as such term is defined in section 101(d) of

2 title 10) if such service interrupts creditable civilian service

3 under this subchapter and is followed by reemployment in

4 accordance with chapter 43 of title 38 that occurs on or

5 after August 1, 1990’’ before the semicolon.

6 (b) PAY DEDUCTIONS FOR MILITARY SERVICE UNDER

7 CSRS.—Section 8334(j) of such title is amended—

8 (1) in paragraph (1)—

9 (A) by striking ‘‘Each employee’’ and in10 serting ‘‘(A) Except as provided in subparagraph

11 (B), each employee’’; and

12 (B) by adding at the end the following:

13 ‘‘(B) In any case where military service inter14 rupts creditable civilian service under this subchapter

15 and reemployment pursuant to chapter 43 of title 38

16 occurs on or after August 1, 1990, the deposit payable

17 under this paragraph may not exceed the amount

18 that would have been deducted and withheld under

19 subsection (a)(1) from basic pay during civilian serv20 ice if the employee had not performed the period of

21 military service.’’; and

22 (2) in paragraph (2), immediately before the

23 comma at the end of subparagraph (B), by inserting

24 ‘‘following the period of military service for which

25 such deposit is due’’.
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1 (c) CREDITABLE MILITARY SERVICE UNDER FERS.—

2 Section 8401(31) of such title is amended in the flush mat3 ter by inserting ‘‘or full-time National Guard duty (as such

4 term is defined in section 101(d) of title 10) if such service

5 interrupts creditable civilian service under this subchapter

6 and is followed by reemployment in accordance with chap7 ter 43 of title 38 that occurs on or after August 1, 1990’’

8 before the semicolon.

9 (d) PAY DEDUCTIONS FOR MILITARY SERVICE UNDER

10 FERS.—Section 8422(e) of such title is amended—

11 (1) in paragraph (1)—

12 (A) by striking ‘‘Each employee’’ and in13 serting ‘‘(A) Except as provided in subparagraph

14 (B), each employee’’; and

15 (B) by adding at the end the following:

16 ‘‘(B) In any case where military service inter17 rupts creditable civilian service under this subchapter

18 and reemployment pursuant to chapter 43 of title 38

19 occurs on or after August 1, 1990, the deposit payable

20 under this paragraph may not exceed the amount

21 that would have been deducted and withheld under

22 subsection (a)(1) from basic pay during civilian serv23 ice if the employee had not performed the period of

24 military service.’’; and
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1 (2) in paragraph (2), immediately before the

2 comma at the end of subparagraph (B), by inserting

3 ‘‘following the period of military service for which

4 such deposit is due’’.

5 (e) TECHNICAL AMENDMENTS.—Title 5, United States

6 Code, is amended as follows:

7 (1) In section 8401(11), by striking out ‘‘1954’’

8 in the flush matter above clause (i) and inserting in

9 lieu thereof ‘‘1986’’.

10 (2) In section 8422(a)(2)(A)(ii), by striking out

11 ‘‘1954’’ and inserting in lieu thereof ‘‘1986’’.

12 (3) In section 8432(d), by striking out ‘‘1954’’ in

13 the first sentence and inserting in lieu thereof ‘‘1986’’.

14 (4) In section 8433(i)(4), by striking out ‘‘1954’’

15 and inserting in lieu thereof ‘‘1986’’.

16 (5) In section 8440—

17 (A) by striking out ‘‘1954’’ in subsection (a)

18 and inserting in lieu thereof ‘‘1986’’; and

19 (B) by striking out ‘‘1954’’ in subsection (c)

20 and inserting in lieu thereof ‘‘1986’’.

21 SEC. 6. TECHNICAL AMENDMENT.

22 (a) TECHNICAL AMENDMENT.—Section 9(d) of Public

23 Law 102–16 (105 Stat. 55) is amended by striking out

24 ‘‘Act’’ the first place it appears and inserting in lieu thereof

25 ‘‘section’’.
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1 (b) EFFECTIVE DATE.—The amendment made by sub2 section (a) shall take effect as if included in Public Law

3 102–16 to which such amendment relates.

4 SEC. 7. INCREASE IN AMOUNT OF LOAN GUARANTY FOR

5 LOANS FOR THE PURCHASE OR CONSTRUC6 TION OF HOMES.

7 Subparagraphs (A)(i)(IV) and (B) of section

8 3703(a)(1) of title 38, United States Code, are each amend9 ed by striking out ‘‘$46,000’’ and inserting in lieu thereof

10 ‘‘$50,750’’.

11 SEC. 8. TRANSITION RULES AND EFFECTIVE DATES.

12 (a) REEMPLOYMENT.—(1) Except as otherwise pro13 vided in this Act, the amendments made by this Act shall

14 be effective with respect to reemployments initiated on or

15 after the first day after the 60-day period beginning on the

16 date of enactment of this Act.

17 (2) The provisions of chapter 43 of title 38, United

18 States Code, in effect on the day before such date of enact19 ment, shall continue to apply to reemployments initiated

20 before the end of such 60-day period.

21 (3) In determining the number of years of service that

22 may not be exceeded in an employee-employer relationship

23 with respect to which a person seeks reemployment under

24 chapter 43 of title 38, United States Code, as in effect before

25 or after the date of enactment of this Act, there shall be
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1 included all years of service without regard to whether the

2 periods of service occurred before or after such date of enact3 ment unless the period of service is exempted by the chapter

4 43 that is applicable, as provided in paragraphs (1) and

5 (2), to the reemployment concerned.

6 (4) A person who initiates reemployment under chap7 ter 43 of title 38, United States Code, during or after the

8 60-day period beginning on the date of enactment of this

9 Act and whose reemployment is made in connection with

10 a period of service in the uniformed services that was initi11 ated before the end of such period shall be deemed to have

12 satisfied the notification requirement of section 4312(a)(1)

13 of title 38, United States Code, as provided in the amend14 ments made by this Act, if the person complied with any

15 applicable notice requirement under chapter 43, United

16 States Code, as in effect on the day before the date of enact17 ment of this Act.

18 (b) DISCRIMINATION.—The provisions of section 4311

19 of title 38, United States Code, as provided in the amend20 ments made by this Act, and the provisions of subchapter

21 III of chapter 43 of such title, as provided in the amend22 ments made by this Act, that are necessary for the imple23 mentation of such section 4311 shall become effective on the

24 date of enactment of this Act.
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1 (c) INSURANCE.—(1) The provisions of section 4316 of

2 title 38, United States Code, as provided in the amendments

3 made by this Act, concerning insurance coverage (other

4 than health) shall become effective with respect to furloughs

5 or leaves of absence initiated on or after the date of enact6 ment of this Act.

7 (2) With respect to the provisions of section 4317 of

8 title 38, United States Code, as provided in the amendments

9 made by this Act, a person on active duty on the date of

10 enactment of this Act, or a family member or personal rep11 resentative of such person, may, after the date of enactment

12 of this Act, elect to reinstate or continue a health plan as

13 provided in such section 4317. If such an election is made,

14 the health plan shall remain in effect for the remaining por15 tion of the 18-month period that began on the date of such

16 person’s separation from civilian employment or the period

17 of the person’s service in the uniformed service, whichever

18 is the period of lesser duration.

19 (d) DISABILITY.—(1) Section 4313(a)(3) of chapter 43

20 of title 38, United States Code, as provided in the amend21 ments made by this Act, shall apply to reemployments initi22 ated on or after August 1, 1990.

23 (2) Effective as of August 1, 1990, section 4307 of title

24 38, United States Code (as in effect on the date of enactment

25 of this Act), is repealed, and the table of sections at the
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1 beginning of chapter 43 of such title (as in effect on the

2 date of enactment of this Act) is amended by striking out

3 the item relating to section 4307.

4 (e) INVESTIGATIONS AND SUBPOENAS.—The provisions

5 of section 4326 of title 38, United States Code, as provided

6 in the amendments made by this Act, shall become effective

7 on the date of the enactment of this Act and apply to any

8 matter pending with the Secretary of Labor under section

9 4305 of title 38, United States Code, as of that date.

10 (f) PREVIOUS ACTIONS.—Except as otherwise pro11 vided, the amendments made by this Act do not affect

12 reemployments that were initiated, rights, benefits, and du13 ties that matured, penalties that were incurred, and pro14 ceedings that begin before the end of the 60-day period re15 ferred to in subsection (a).

16 (g) RIGHTS AND BENEFITS RELATIVE TO NOTICE OF

17 INTENT NOT TO RETURN.—Section 4316(b)(2) of title 38,

18 United States Code, as added by the amendments made by

19 this Act, applies only to the rights and benefits provided

20 in section 4316(b)(1)(B) and does not apply to any other

21 right or benefit of a person under chapter 43 of title 38,

22 United States Code. Such section shall apply only to per23 sons who leave a position of employment for service in the

24 uniformed services more than 60 days after the date of en25 actment of this Act.
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1 (h) EMPLOYER PENSION BENEFIT PLANS.—(1) Noth2 ing in this Act shall be construed to relieve an employer

3 of an obligation to provide contributions to a pension plan

4 (or provide pension benefits), or to relieve the obligation of

5 a pension plan to provide pension benefits, which is re6 quired by the provisions of chapter 43 of title 38, United

7 States Code, in effect on the day before this Act takes effect.

8 (2) If any employee pension benefit plan is not in com9 pliance with section 4318 of such title or paragraph (1)

10 of this subsection on the date of enactment of this Act, such

11 plan shall have two years to come into compliance with

12 such section and paragraph.

13 (i) DEFINITION.—For the purposes of this section, the

14 term ‘‘service in the uniformed services’’ shall have the

15 meaning given such term in section 4303(13) of title 38,

16 United States Code, as provided in the amendments made

17 by this Act.

Attest:

Clerk.
103D CONGRESS

2D SESSION H. R. 995

AMENDMENT

TO

SENATE AMENDMENT