103D CONGRESS

1ST SESSION H. R. 995

AMENDMENT
In the Senate of the United States,

November 8 (legislative day, November 2), 1993.

Resolved, That the bill from the House of Representatives (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’’, do

pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Uniformed Services Em3 ployment and Reemployment Rights Act of 1993’’.

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:
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1 ‘‘CHAPTER 43—EMPLOYMENT AND REEM2 PLOYMENT RIGHTS OF MEMBERS OF

3 THE UNIFORMED SERVICES

‘‘SUBCHAPTER I—GENERAL

‘‘Sec.

‘‘4301. Purposes; sense of Congress.

‘‘4302. Relation to other law; construction.

‘‘4303. Definitions.

‘‘4304. Character of service.

‘‘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. 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 rights with respect to a State or private employer.

‘‘4323. Enforcement of rights with respect to the Federal executive agencies.

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

‘‘4325. Conduct of investigation; subpoenas.

‘‘SUBCHAPTER IV—MISCELLANEOUS

‘‘4331. Regulations.

‘‘4332. Outreach.

4 ‘‘SUBCHAPTER I—GENERAL

5 ‘‘§ 4301. Purposes; sense of Congress

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

7 ‘‘(1) to encourage noncareer service in the uni8 formed services by eliminating or minimizing the dis9 advantages to civilian careers and employment which

10 can result from such service;
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1 ‘‘(2) to minimize the disruption to the lives of

2 persons performing service in the uniformed services

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

4 and their communities, by providing for the prompt

5 reemployment of such persons upon their completion

6 of such service under honorable conditions; and

7 ‘‘(3) to prohibit discrimination against persons

8 because of their service in the uniformed services.

9 ‘‘(b) It is the sense of Congress that the Federal Gov10 ernment should be a model employer in carrying out the

11 provisions of this chapter.

12 ‘‘§ 4302. Relation to other law; construction

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

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

15 law or ordinance) or employer practice, policy, agreement,

16 or plan that establishes a right or benefit that is more bene17 ficial to, or is in addition to, a right or benefit provided

18 for such person in this chapter.

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

20 any local law or ordinance) or employer practice, policy,

21 agreement, or plan that reduces, limits, or eliminates in

22 any manner any right or benefit provided by this chapter,

23 including the establishment of additional prerequisites to

24 the exercise of any such right or the receipt of any such

25 benefit.
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1 ‘‘§ 4303. Definitions

2 ‘‘For the purposes of this chapter—

3 ‘‘(1) The term ‘Attorney General’ means the At4 torney General of the United States or any person

5 designated by the Attorney General to carry out a re6 sponsibility of the Attorney General under this chap7 ter.

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

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

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

11 wages or salary for work performed) that accrues by

12 reason of an employment contract or an employer

13 practice or custom and includes rights and benefits

14 under a pension plan, a health plan, an employee

15 stock ownership plan, insurance coverage and awards,

16 bonuses, severance pay, supplemental unemployment

17 benefits, vacations, and the opportunity to select work

18 hours or location of employment.

19 ‘‘(3)(A) The term ‘employee’ means any person

20 employed by an employer.

21 ‘‘(B) With respect to employment in a foreign

22 country, the term ‘employee’ includes an individual

23 who is a citizen of the United States.

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

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

26 institution, organization, or other entity that pays
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1 salary or wages for work performed or that has con2 trol over employment opportunities, including—

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

4 other entity to whom the employer has delegated

5 the performance of employment-related respon6 sibilities;

7 ‘‘(ii) the Federal Government;

8 ‘‘(iii) a State;

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

10 institution, organization, or other entity referred

11 to in this subparagraph; and

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

13 other entity that has denied initial employment

14 in violation of section 4311 of this title.

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

16 employed under section 709 of title 32, the term ‘em17 ployer’ means the adjutant general of the State in

18 which the technician is employed.

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

20 an employee pension benefit plan described in section

21 3(2) of the Employee Retirement Income Security Act

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

23 employer only with respect to the obligation to pro24 vide benefits described in section 4317 of this title.
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1 ‘‘(5) The term ‘Federal executive agency’ includes

2 the United States Postal Service, the Postal Rate

3 Commission, any nonappropriated fund instrumen4 tality of the United States, and any Executive agency

5 (as that term is defined in section 105 of title 5) other

6 than an agency referred to in section

7 2302(a)(2)(C)(ii) of title 5.

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

9 any Federal executive agency, the legislative branch of

10 the United States, and the judicial branch of the

11 United States.

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

13 policy or contract, medical or hospital service agree14 ment, membership or subscription contract, or other

15 arrangement under which health services for individ16 uals are provided or the expenses of such services are

17 paid.

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

19 subchapter II) any written or verbal notification of

20 an obligation or intention to perform service in the

21 uniformed services provided to an employer by the

22 employee who will perform such service or by the uni23 formed service in which such service is to be per24 formed.
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1 ‘‘(9) The term ‘qualified’, with respect to an em2 ployment position, means having the ability to per3 form the essential tasks of the position.

4 ‘‘(10) The term ‘reasonable efforts’, in the case of

5 actions required of an employer under this chapter,

6 means actions, including training provided by an em7 ployer, that do not place an undue hardship on the

8 employer.

9 ‘‘(11) The term ‘Secretary’ means the Secretary

10 of Labor or any person designed by such Secretary to

11 carry out an activity under this chapter.

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

13 employment together with any benefits of employment

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

15 employment.

16 ‘‘(13) The term ‘service in the uniformed serv17 ices’ means the performance of duty on a voluntary

18 or involuntary basis in a uniformed service under

19 competent authority and includes active duty, active

20 duty for training, initial active duty for training, in21 active duty training, full-time National Guard duty,

22 and a period for which a person is absent from a po23 sition of employment for the purpose of an examina24 tion to determine the fitness of the person to perform

25 any such duty.
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1 ‘‘(14) The term ‘State’ means each of the several

2 States of the United States, the District of Columbia,

3 the Commonwealth of Puerto Rico, Guam, the Virgin

4 Islands, and other territories of the United States (in5 cluding the agencies and political subdivisions there6 of).

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

8 actions taken by an employer, means actions requir9 ing significant difficulty or expense, when considered

10 in light of—

11 ‘‘(A) the nature and cost of the action need12 ed under this chapter;

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

14 facility or facilities involved in the provision of

15 the action; the number of persons employed at

16 such facility; the effect on expenses and resources,

17 or the impact otherwise of such action upon the

18 operation of the facility;

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

20 employer; the overall size of the business of an

21 employer with respect to the number of its em22 ployees; the number, type, and location of its fa23 cilities; and

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

25 the employer, including the composition, struc-
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1 ture, and functions of the work force of such em2 ployer; the geographic separateness, administra3 tive, or fiscal relationship of the facility or fa4 cilities in question to the employer.

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

6 Armed Forces, the Army National Guard and the Air

7 National Guard when engaged in active duty for

8 training, inactive duty training, or full-time Na9 tional Guard duty, the commissioned corps of the

10 Public Health Service, and any other category of per11 sons designated by the President in time of war or

12 emergency.

13 ‘‘§ 4304. Character of service

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

15 by reason of the service of such person in one of the uni16 formed services terminates upon the occurrence of any of

17 the following events:

18 ‘‘(1) A separation of such person from such uni19 formed service with a dishonorable or bad conduct

20 discharge.

21 ‘‘(2) A separation of such person from such uni22 formed service under other than honorable conditions,

23 as characterized pursuant to regulations prescribed by

24 the Secretary concerned.
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1 ‘‘(3) A dismissal of such person permitted under

2 section 1161(a) of title 10.

3 ‘‘(4) A dropping of such person from the rolls

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

5 ‘‘SUBCHAPTER II—EMPLOYMENT AND REEM6 PLOYMENT RIGHTS AND LIMITATIONS; PRO7 HIBITIONS

8 ‘‘§ 4311. Discrimination against persons who serve in

9 the uniformed services and acts of re10 prisal prohibited

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

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

13 has an obligation to perform service in a uniformed service

14 shall not be denied initial employment, reemployment, re15 tention in employment, promotion, or any benefit of em16 ployment by an employer on the basis of that membership,

17 application for membership, performance, service, applica18 tion for service, or obligation.

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

20 a person initial employment, reemployment, retention in

21 employment, promotion, or a benefit of employment in vio22 lation of this section if the person’s membership, applica23 tion for membership, service, application for service, or obli24 gation for service in the uniformed services is a motivating

25 factor in the employer’s action, unless the employer can
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1 demonstrate that the action would have been taken in the

2 absence of such membership, application for membership,

3 performance, service, application for service, or obligation.

4 ‘‘(c)(1) An employer may not discriminate in employ5 ment against or take any adverse employment action

6 against any person because such person has taken an action

7 to enforce a protection afforded any person under this chap8 ter, has testified or otherwise made a statement in or in

9 connection with any proceeding under this chapter, has as10 sisted or otherwise participated in an investigation under

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

12 chapter.

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

14 with respect to a person regardless of whether that person

15 has performed service in the uniformed services.

16 ‘‘(d)(1) An employer may take an action otherwise

17 prohibited by this section with respect to an employee in

18 a workplace in a foreign country if compliance with such

19 section would cause such employer to violate the law of the

20 foreign country in which the workplace is located.

21 ‘‘(2) If an employer controls a corporation incor22 porated and located in a foreign country, any practice pro23 hibited by this chapter that is engaged in by such corpora24 tion shall be presumed to be engaged in by such employer.
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1 ‘‘(3)(A) The prohibitions of this section shall not apply

2 to a foreign employer not controlled by an American em3 ployer.

4 ‘‘(B) For purposes of this paragraph the determination

5 of whether an employer controls a corporation shall be based

6 on—

7 ‘‘(i) the interrelation of operations;

8 ‘‘(ii) the common management;

9 ‘‘(iii) the centralized control of labor relations;

10 and

11 ‘‘(iv) the common ownership or financial control

12 of the employer and the corporation.

13 ‘‘§ 4312. Reemployment rights of persons who serve in

14 the uniformed services

15 ‘‘(a) Subject to subsections (b), (c), and (d), any person

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

17 service in the uniformed services shall be entitled to the re18 employment rights and benefits and other employment bene19 fits of this chapter if—

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

21 uniformed service in which such service is performed)

22 has given advance written or verbal notice of such

23 service to such person’s employer;

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

25 all previous absences from a position of employment
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1 with that employer by reason of service in the uni2 formed services does not exceed five years; and

3 ‘‘(3) the person reports to, or submits an appli4 cation for reemployment to, such employer in accord5 ance with subsection (e).

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

7 the giving of such notice is precluded by military necessity

8 or the giving of such notice is otherwise impossible or unrea9 sonable. A determination of military necessity for the pur10 poses of this subsection shall be made pursuant to regula11 tions prescribed by the Secretary of Defense and shall not

12 be subject to judicial review.

13 ‘‘(c) Subsection (a) shall apply to a person who is ab14 sent from a position of employment by reason of service in

15 the uniformed services if such person’s cumulative period

16 of service in the uniformed services, with respect to the em17 ployer relationship for which a person seeks reemployment,

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

19 service shall not include any service—

20 ‘‘(1) that is required, beyond five years, to com21 plete an initial period of obligated service;

22 ‘‘(2) during which such person was unable to ob23 tain orders releasing such person from a period of

24 service in the uniformed services before the expiration
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1 of such five-year period and such inability was

2 through no fault of such person;

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

4 270 of title 10, under section 502(a) or 503 of title

5 32, or to fulfill additional training requirements de6 termined and certified in writing by the Secretary

7 concerned, to be necessary for professional develop8 ment, or for completion of skill training or retrain9 ing; or

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

11 service who is—

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

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

14 688 of title 10 or under section 331, 332, 359,

15 360, 367, or 712 of title 14;

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

17 (other than for training) under any provision of

18 law during a war or during a national emer19 gency declared by the President or the Congress;

20 ‘‘(C) ordered to active duty (other than for

21 training) in support, as determined by the Sec22 retary concerned, of an operational mission for

23 which personnel have been ordered to active duty

24 under section 673b of title 10;
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1 ‘‘(D) ordered to active duty in support, as

2 determined by the Secretary concerned, of a crit3 ical mission or requirement of the uniformed

4 services; or

5 ‘‘(E) called into Federal service as a mem6 ber of the National Guard under chapter 15 of

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

8 ‘‘(d)(1) An employer is not required to reemploy a per9 son under this chapter if—

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

11 changed as to make such reemployment impossible or

12 unreasonable; or

13 ‘‘(B) in the case of a person entitled to reemploy14 ment under subsection (a)(3), (a)(4), or (b)(2)(B) of

15 section 4313 of this title, such employment would im16 pose an undue hardship on the employer.

17 ‘‘(2) In any proceeding involving an issue of wheth18 er—

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

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

21 in an employer’s circumstances, or

22 ‘‘(B) any accommodation, training, or effort re23 ferred to in subsection (a)(3), (a)(4), or (b)(2)(B) of

24 section 4313 of this title would impose an undue

25 hardship on the employer,
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1 the employer shall have the burden of proving the impos2 sibility or unreasonableness or undue hardship.

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

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

5 service in the uniformed services, notify the employer re6 ferred to in such subsection of the person’s intent to return

7 to a position of employment with such employer as follows:

8 ‘‘(A) In the case of a person whose period of serv9 ice in the uniformed services was less than 31 days,

10 by reporting to the employer—

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

12 full regularly scheduled work period on the first

13 full calendar day following the completion of the

14 period of service and the expiration of eight

15 hours after a period allowing for the safe trans16 portation of the person from the place of that

17 service to the person’s residence; or

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

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

20 if reporting within the period referred to in such

21 clause is impossible or unreasonable through no

22 fault of the person.

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

24 a position of employment for a period of any length

25 for the purposes of an examination to determine the
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1 person’s fitness to perform service in the uniformed

2 services, by reporting in the manner and time re3 ferred to in subparagraph (A).

4 ‘‘(C) In the case of a person whose period of serv5 ice in the uniformed services was for more than 30

6 days but less than 181 days, by submitting an appli7 cation for reemployment with the employer not later

8 than 14 days after the completion of the period of

9 service.

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

11 service in the uniformed services was for more than

12 180 days, by submitting an application for reemploy13 ment with the employer not later than 90 days after

14 the completion of the period of service.

15 ‘‘(2)(A) A person who is hospitalized for, or convalesc16 ing from, an illness or injury incurred in, or aggravated

17 by, the performance of service in the uniformed services

18 shall, at the end of the period that is necessary for the per19 son to recover from such illness or injury, report to the per20 son’s employer (in the case of a person described in sub21 paragraph (A) or (B) of paragraph (1)) or submit an appli22 cation for reemployment with such employer (in the case

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

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

25 period of recovery may not exceed two years.
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1 ‘‘(B) Such two-year period shall be extended by the

2 minimum time required to accommodate the circumstances

3 beyond such person’s control which make reporting within

4 the period specified in subparagraph (A) impossible or un5 reasonable.

6 ‘‘(3) A person who fails to report for employment or

7 reemployment within the appropriate period specified in

8 this subsection shall not automatically forfeit such person’s

9 entitlement to the rights and benefits referred to in sub10 section (a) but shall be subject to the conduct rules, estab11 lished policy, and general practices of the employer pertain12 ing to explanations and discipline with respect to absence

13 from scheduled work.

14 ‘‘(f)(1) A person who submits an application for reem15 ployment in accordance with subparagraph (C) or (D) of

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

17 person’s employer (upon the request of such employer) docu18 mentation to establish that—

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

20 ‘‘(B) the person has not exceeded the service limi21 tations set forth in subsection (a)(2) (except as per22 mitted under subsection (c)); and

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

24 under this chapter has not been terminated pursuant

25 to section 4304 of this title.
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1 ‘‘(2) Documentation of any matter referred to in para2 graph (1) that satisfies regulations prescribed by the Sec3 retary shall satisfy the documentation requirements in such

4 paragraph.

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

6 failure of a person to provide documentation that satisfies

7 regulations prescribed pursuant to paragraph (2) shall not

8 be a basis for denying reemployment in accordance with

9 the provisions of this chapter if the failure occurs because

10 such documentation does not exist or is not readily avail11 able at the time of the request of the employer. If, after such

12 reemployment, documentation becomes available that estab13 lishes that such person does not meet one or more of the

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

15 of paragraph (1), the employer of such person may termi16 nate the employment of the person and the provision of any

17 rights or benefits afforded the person under this chapter.

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

19 a position of employment for more than 90 days may re20 quire that the person provide the employer with the docu21 mentation referred to in subparagraph (A) before beginning

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

23 for pension purposes under section 4317(a)(2)(A) of this

24 title.
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1 ‘‘(4) An employer may not delay or attempt to defeat

2 a reemployment obligation by demanding documentation

3 that does not then exist or is not then readily available.

4 ‘‘(g) The right of a person to reemployment under this

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

6 or displacement rights over any person with a superior

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

8 relating to veterans and other preference eligibles.

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

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

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

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

13 the uniformed services, shall not be a basis for denying pro14 tection of this chapter if the service does not exceed the limi15 tations set forth in subsection (c) and the notice require16 ments established in subsection (a)(1) and the notification

17 requirements established in subsection (e) are met.

18 ‘‘§ 4313. Reemployment positions

19 ‘‘(a) Subject to subsection (b) (in the case of any em20 ployee) and section 4314 of this title (in the case of an em21 ployee of the Federal Government), a person entitled to re22 employment under section 4312 of this title upon comple23 tion of a period of service in the uniformed services shall

24 be promptly reemployed in a position of employment in ac25 cordance with the following order of priority:
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1 ‘‘(1) Except as provided in paragraphs (3) and

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

3 the uniformed services was for less than 31 days—

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

5 which the person would have been employed if

6 the continuous employment of such person with

7 the employer had not been interrupted by such

8 service, the duties of which the person is quali9 fied to perform; or

10 ‘‘(B) if the person is not qualified to per11 form the duties of the position referred to in sub12 paragraph (A), after reasonable efforts by the

13 employer to qualify the person, in the position of

14 employment in which the person was employed

15 on the date of the commencement of the service

16 in the uniformed services.

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

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

19 the uniformed services was for more than 30 days—

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

21 which the person would have been employed if

22 the continuous employment of such person with

23 the employer had not been interrupted by such

24 service, or a position of like seniority, status,
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1 and pay, the duties of which the person is quali2 fied to perform; or

3 ‘‘(B) if the person is not qualified to per4 form the duties of a position referred to in sub5 paragraph (A), after reasonable efforts by the

6 employer to qualify the person, in the position of

7 employment in which the person was employed

8 on the date of the commencement of the service

9 in the uniformed services, or a position of like

10 seniority, status and pay, the duties of which the

11 person is qualified to perform.

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

13 incurred in, or aggravated by, such service, and who

14 (after reasonable efforts by the employer to accommo15 date the disability) is not qualified due to such dis16 ability to be employed in the position of employment

17 in which the person would have been employed if the

18 continuous employment of such person with the em19 ployer had not been interrupted by such service—

20 ‘‘(A) in any other position which is equiva21 lent in seniority, status, and pay, the duties of

22 which the person is qualified to perform or

23 would become qualified to perform with reason24 able efforts by the employer; or
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1 ‘‘(B) if not employed under subparagraph

2 (A), in a position which is the nearest approxi3 mation to a position referred to in subparagraph

4 (A) in terms of seniority, status, and pay con5 sistent with circumstances of such person’s case.

6 ‘‘(4) In the case of a person who (A) is not quali7 fied to be employed in (i) the position of employment

8 in which the person would have been employed if the

9 continuous employment of such person with the em10 ployer had not been interrupted by such service, or

11 (ii) in the position of employment in which such per12 son was employed on the date of the commencement

13 of the service in the uniform services for any reason

14 (other than disability incurred in, or aggravated by,

15 service in the uniformed services), and (B) cannot be16 come qualified with reasonable efforts by the em17 ployer, in any other position of lesser status and pay

18 which such person is qualified to perform, with full

19 seniority.

20 ‘‘(b)(1) If two or more persons are entitled to reemploy21 ment under section 4312 of this title in the same position

22 of employment and more than one of them has reported for

23 such reemployment, the person who left the position first

24 shall have the prior right to reemployment in that position.
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1 ‘‘(2) Any person entitled to reemployment under sec2 tion 4312 of this title who is not reemployed in a position

3 of employment by reason of paragraph (1) shall be entitled

4 to be reemployed as follows:

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

6 in any other position of employment referred to in

7 subsection (a)(1) or (a)(2), as the case may be (in the

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

9 that provides a similar status and pay to a position

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

11 subsection, consistent with circumstances of such per12 son’s case, with full seniority.

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

14 incurred in, or aggravated by, service in the uni15 formed services that requires reasonable efforts by the

16 employer for the person to be able to perform the du17 ties of the position of employment, in any position re18 ferred to in subsection (a)(3) (in the order of priority

19 set out in that subsection) that provides a similar sta20 tus and pay to a position referred to in paragraph

21 (1), consistent with circumstances of such person’s

22 case, with full seniority.

23 ‘‘§ 4314. Reemployment by the Federal Government

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

25 (d), if a person is entitled to reemployment by the Federal
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1 Government under section 4312 of this title, such person

2 shall be reemployed in a position of employment as de3 scribed in section 4313 of this title.

4 ‘‘(b)(1) If the Director of the Office of Personnel Man5 agement makes a determination described in paragraph (2)

6 with respect to a person who was employed by a Federal

7 executive agency at the time the person entered the service

8 from which the person seeks reemployment under this sec9 tion, the Director shall—

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

11 and pay at another Federal executive agency that sat12 isfies the requirements of section 4313 of this title and

13 for which the person is qualified; and

14 ‘‘(B) ensure that the person is offered such posi15 tion.

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

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

18 Director determines that—

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

20 the person referred to in such paragraph no longer ex21 ists and the functions of such agency have not been

22 transferred to another Federal executive agency; or

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

24 agency to reemploy the person.
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1 ‘‘(c) If the employer of a person described in subsection

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

3 which such person seeks reemployment under this section,

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

5 the Federal Government, and such employer determines that

6 it is impossible or unreasonable for such employer to reem7 ploy such person, such person shall, upon application to

8 the Director of the Office of Personnel Management, be en9 sured an offer of employment in an alternative position in

10 a Federal executive agency on the basis described in sub11 section (b).

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

13 it is impossible or unreasonable to reemploy a person who

14 was a National Guard technician employed under section

15 709 of title 32, such person shall, upon application to the

16 Director of the Office of Personnel Management, be ensured

17 an offer of employment in an alternative position in a Fed18 eral executive agency on the basis described in subsection

19 (b).

20 ‘‘§ 4315. Reemployment by certain Federal agencies

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

22 2302(a)(2)(C)(ii) of title 5 shall prescribe procedures for en23 suring that the rights under this chapter apply to the em24 ployees of such agency.
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1 ‘‘(b) In prescribing procedures under subsection (a),

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

3 ensure, to the maximum extent practicable, that the proce4 dures of the agency for reemploying persons who serve in

5 the uniformed services provide for the reemployment of such

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

7 of reemployment described in section 4313 of this title.

8 ‘‘(c)(1) The regulations prescribed under subsection (a)

9 shall designate an official at the agency who shall determine

10 whether or not the reemployment of a person referred to

11 in subsection (b) by the agency is impossible or unreason12 able.

13 ‘‘(2) Upon making a determination that the reemploy14 ment by the agency of a person referred to in subsection

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

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

17 the Office of Personnel Management of such determination.

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

19 not be subject to judicial review.

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

21 (a) shall submit to the Select Committee on Intelligence of

22 the Senate and the Permanent Select Committee on Intel23 ligence of the House of Representatives on an annual basis

24 a report on the number of persons whose reemployment with

25 the agency was determined under this subsection to be im-
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1 possible or unreasonable during the year preceding the re2 port, including the reason for each such determination.

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

4 this section, section 4313 of this title, or section 4324 of

5 this title shall be construed to exempt any agency referred

6 to in subsection (a) from compliance with any other sub7 stantive provision of this chapter.

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

9 ‘‘(A) as prohibiting an employee of an agency re10 ferred to in subsection (a) from seeking information

11 from the Secretary regarding assistance in seeking re12 employment from the agency under this chapter, al13 ternative employment in the Federal Government

14 under this chapter, or information relating to the

15 rights and obligations of employee and Federal agen16 cies under this chapter; or

17 ‘‘(B) as prohibiting such an agency from volun18 tarily cooperating with or seeking assistance in or of

19 clarification from the Secretary or the Director of the

20 Office of Personnel Management of any matter aris21 ing under this chapter.

22 ‘‘(e) The Director of the Office of Personnel Manage23 ment shall ensure the offer of employment to a person in

24 a position in a Federal executive agency on the basis de25 scribed in subsection (b) if—
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1 ‘‘(1) the person was an employee of an agency

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

3 the time the person entered the service from which the

4 person seeks reemployment under this section;

5 ‘‘(2) the appropriate officer of the agency deter6 mines under section 4315(c) of this title that reem7 ployment of the person by the agency is impossible or

8 unreasonable; and

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

10 Director for an offer of employment under this sub11 section.

12 ‘‘§ 4316. Rights, benefits, and obligations of persons

13 absent from employment for service in a

14 uniformed service

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

16 after a period of service in the uniformed services is entitled

17 to the seniority and other rights and benefits determined

18 by seniority that the person had on the date of the com19 mencement of such service plus the additional seniority and

20 rights and benefits that such person would have attained

21 if the person had remained continuously employed.

22 ‘‘(b)(1)(A) Subject to paragraphs (2) through (6), a

23 person who performs service in the uniformed services shall

24 be—
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1 ‘‘(i) deemed to be on furlough or leave of absence

2 while performing such service; and

3 ‘‘(ii) entitled to such other rights and benefits

4 not determined by seniority as are generally provided

5 by the employer of the person to employees having

6 similar seniority, status, and pay who are on fur7 lough or leave of absence under a practice, policy,

8 agreement, or plan in effect at the commencement of

9 such service or established while such person performs

10 such service.

11 ‘‘(B) Such person may be required to pay the employee

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

13 subparagraph (A) to the extent other employees on furlough

14 or leave of absence are so required. In the case of a multiem15 ployer plan, as defined in section 3(37) of the Employee

16 Retirement Income Security Act of 1974 (29 U.S.C.

17 1002(37)), any liability of the plan arising under this

18 paragraph shall be allocated by the plan in such manner

19 as the sponsor maintaining the plan may provide (or, if

20 the sponsor does not so provide, shall be allocated to the

21 last employer employing the person before the period served

22 by the person in the uniformed services).

23 ‘‘(2) A person deemed to be on furlough or leave of

24 absence under this subsection while serving in the uni25 formed services shall not be entitled under this subsection
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1 to any benefits which the person would not otherwise be en2 titled if the person were not on a furlough or leave of ab3 sence.

4 ‘‘(3) A person is not entitled under this subsection to

5 coverage under a health plan to the extent that the person

6 is entitled to care or treatment from the Federal Govern7 ment as a result of such person’s service in the uniformed

8 services.

9 ‘‘(4) A person is not entitled under this subsection to

10 coverage, under a disability insurance policy, of an injury

11 or disease incurred or aggravated during a period of active

12 duty service in excess of 31 days to the extent such coverage

13 is excluded or limited by a provision of such policy.

14 ‘‘(5) A person is not entitled under this subsection to

15 coverage, under a life insurance policy, of a death incurred

16 by the person as a result of the person’s participation in,

17 or assignment to an area of, armed conflict to the extent

18 that such coverage is excluded or limited by a provision

19 of such policy.

20 ‘‘(6) The requirement that an employer provide rights

21 or benefits under paragraph (1) to a person deemed to be

22 on furlough or leave of absence shall expire on the earlier

23 of—

24 ‘‘(A) the date of the end of the 18-month period

25 that begins on the date on which the person com-
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1 mences the performance of the service referred to in

2 paragraph (1); or

3 ‘‘(B) the date of the expiration of the person’s ob4 ligation with respect to such service to notify the per5 son’s employer of the person’s intent to return to a

6 position of employment under section 4312(e) of this

7 title.

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

9 under an employee pension benefit plan is provided for

10 under section 4317 of this title.

11 ‘‘(c)(1)(A) Subject to paragraphs (2) and (3), if a per12 son’s employer-sponsored health-plan coverage would other13 wise terminate due to an extended absence from employ14 ment for purposes of performing service in the uniformed

15 services, the person may elect to continue health-plan cov16 erage acquired through civilian employment in accordance

17 with this paragraph so that such coverage continues for not

18 more than 18 months after such absence begins.

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 (determined in

22 the same manner as the applicable premium under section

23 4980B(f)(4) of the Internal Revenue Code of 1986 (26

24 U.S.C. 4980B(f)(4))) associated with such coverage for the

25 employer’s other employees, except that in the case of a per-
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1 son who performs a period of service in the uniformed serv2 ices for less than 31 days, such person may not be required

3 to pay more than the employee share, if any, for such cov4 erage.

5 ‘‘(C) In the case of a multiemployer plan, as defined

6 in section 3(37) of the Employee Retirement Income Secu7 rity Act of 1974 (29 U.S.C. 1002(37)), any liability of the

8 plan arising under this paragraph shall be allocated by the

9 plan in such manner as the sponsor maintaining the plan

10 may provide (or, if the sponsor does not so provide, shall

11 be allocated to the last employer employing the person before

12 the period served by the person in the uniformed services).

13 ‘‘(2) A person who elects to continue health-plan cov14 erage under this subsection shall not be entitled to coverage

15 under the plan to the extent that the person is entitled to

16 care or treatment from the Federal Government as a result

17 of such person’s service in the uniformed services.

18 ‘‘(3) The period of coverage of a person and the per19 son’s dependents under a continuation of health-plan cov20 erage elected by the person under this subsection shall be

21 the lesser of—

22 ‘‘(A) the 18-month period beginning on the date

23 on which the absence referred to in paragraph (1) be24 gins; or
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1 ‘‘(B) the aggregate of the period of the person’s

2 service in the uniformed services and the period in

3 which the person is required to notify the person’s em4 ployer of the person’s intent to return to a position

5 of employment under section 4312(e) of this title.

6 ‘‘(d)(1) Except as provided in paragraph (2), in the

7 case of a person whose coverage by an employer-sponsored

8 health plan as an employee is terminated by reason of the

9 service of such person in the uniformed services, an exclu10 sion or waiting period may not be imposed in connection

11 with the reinstatement of the coverage of the person upon

12 reemployment under this chapter, or in connection with

13 any other individual who is covered by the health plan by

14 reason of the reinstatement of the coverage of such person

15 upon reemployment, if an exclusion or waiting period

16 would not have been imposed under such health plan had

17 coverage of such person by such health plan not been termi18 nated as a result of such service.

19 ‘‘(2) Paragraph (1) shall not apply to the condition

20 of a person if the Secretary determines that the condition

21 was incurred or aggravated during active military, naval,

22 or air service.

23 ‘‘(e) A person who is reemployed by an employer under

24 this chapter shall not be discharged from such employment,

25 except for cause—
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1 ‘‘(1) within one year after the date of such reem2 ployment, if the person’s period of service before the

3 reemployment was more than 180 days; or

4 ‘‘(2) within 180 days after the date of such reem5 ployment, if the person’s period of service before the

6 reemployment was more than 30 days but less than

7 181 days.

8 ‘‘(f)(1) Any person described in paragraph (2) whose

9 employment with an employer referred to in that para10 graph is interrupted by a period of service in the uniformed

11 services shall be permitted, upon request of that person, to

12 use during such period of service any vacation or annual

13 leave with pay accrued by the person before the commence14 ment of such service.

15 ‘‘(2) A person entitled to the benefit described in para16 graph (1) is a person who—

17 ‘‘(A) has accrued vacation or annual leave with

18 pay under a policy or practice of a State (as an em19 ployer) or private employer; or

20 ‘‘(B) has accrued such leave as an employee of

21 the Federal Government pursuant to subchapter I of

22 chapter 63 of title 5.

23 ‘‘§ 4317. Employee pension benefit plans

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

25 in the case of a right provided pursuant to an employee
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1 pension benefit plan described in section 3(2) of the Em2 ployee Retirement Income Security Act of 1974 (29 U.S.C.

3 1002(2)) or a right provided under any Federal or State

4 law governing pension benefits for governmental employees,

5 the right to pension benefits of a person reemployed under

6 this chapter shall be determined under this section.

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

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

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

10 This subparagraph shall not be construed to affect any other

11 right or benefit under this chapter.

12 ‘‘(2)(A) Except as provided in section 4312(f)(3)(B) of

13 this title, a person reemployed under this chapter shall be

14 treated as not having incurred a break in service with the

15 employer or employers maintaining the plan by reason of

16 such person’s period or periods of service in the uniformed

17 services.

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

19 services shall, upon reemployment under this chapter, be

20 deemed to constitute service with the employer or employers

21 maintaining the plan for purpose of determining the

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

23 purpose of determining the accrual of benefits under the

24 plan.
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1 ‘‘(b)(1) An employer reemploying a person under this

2 chapter shall be liable to an employee benefit pension plan

3 for funding any obligation of the plan to provide the bene4 fits described in subsection (a)(2). For purposes of deter5 mining the amount of such liability and for purposes of

6 section 515 of the Employee Retirement Income Security

7 Act of 1974 (29 U.S.C. 1145) or any similar Federal or

8 State law governing pension benefits for governmental em9 ployees, service in the uniformed services that is deemed

10 under subsection (a) to be service with the employer shall

11 be deemed to be service with the employer under the terms

12 of the plan or any applicable collective bargaining agree13 ment. In the case of a multiemployer plan, as defined in

14 section 3(37) of the Employee Retirement Income Security

15 Act of 1974 (29 U.S.C. 1002(37)), any liability of the plan

16 described in this paragraph shall be allocated by the plan

17 in such manner as the sponsor maintaining the plan may

18 provide (or, if the sponsor does not so provide, shall be allo19 cated to the last employer employing the person before the

20 period described in subsection (a)(2)(B)).

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

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

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

24 contributions or elective deferrals only to the extent the per25 son elects to make employee contributions or elective defer-
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1 rals that are attributable to the period of service described

2 in subsection (a)(2)(B). No such contributions or deferrals

3 may exceed the amount the person or employer would have

4 been permitted or required to make had the person re5 mained continuously employed by the employer throughout

6 the period of service described in subsection (a)(2)(B). Any

7 employee contribution or deferral to the plan described in

8 this paragraph shall be made during any reasonable contin9 uous period (beginning with the date of reemployment) as

10 the employer and the person may agree but in no event shall

11 such person be afforded a payment period shorter than the

12 length of absence for service for which the payments are due.

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

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

15 paragraph (2), the employee’s compensation during the pe16 riod of service described in subsection (a)(2)(B)—

17 ‘‘(A) shall be computed at the rate the employee

18 would have received but for the absence during the pe19 riod of service; or

20 ‘‘(B) if the employee’s compensation was not

21 based on a fixed rate, shall be computed on the basis

22 of the employee’s average rate of compensation during

23 the 12-month period immediately preceding such pe24 riod (or, if shorter, the period of employment imme25 diately preceding such period).
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1 ‘‘(4) Notwithstanding any other provision of this sec2 tion—

3 ‘‘(A) no earnings shall be credited to an em4 ployee with respect to any contribution prior to such

5 contribution being made; and

6 ‘‘(B) any forfeitures during the period described

7 in subsection (a)(2)(B) shall not be allocated to per8 sons reemployed under this chapter.

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

10 chapter and who is an employer contributing to a multiem11 ployer plan, as defined in section 3(37) of the Employee

12 Retirement Income Security Act of 1974 (29 U.S.C.

13 1002(37)), under which benefits are or may be payable to

14 such person by reason of the obligations set forth in this

15 chapter, shall, within 30 days after the date of such reem16 ployment, provide notice of such reemployment to the ad17 ministrator of such plan.

18 ‘‘(d) No provision of this section shall apply to the ex19 tent it—

20 ‘‘(1) requires any action to be taken which would

21 cause the plan, any of its participants, or employer

22 to suffer adverse tax or other consequences under the

23 Internal Revenue Code of 1986; or

24 ‘‘(2) requires contributions to be returned or re25 allocated, or additional contributions to be made,
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1 with respect to employees not reemployed under this

2 chapter.

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

5 ‘‘§ 4321. Assistance in obtaining reemployment or

6 other employment rights or benefits

7 ‘‘(a) 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 ‘‘(b)(1)(A) A person referred to in subparagraph (B)

16 may submit a complaint to the Secretary with respect to

17 the matters described in clause (ii) of such subparagraph.

18 Such complaint shall be submitted in accordance with sub19 section (c).

20 ‘‘(B) A person may submit a complaint under sub21 paragraph (A) if the person claims—

22 ‘‘(i) to be entitled under this chapter to employ23 ment or reemployment rights or benefits with respect

24 to employment by an employer; and
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1 ‘‘(ii) that the employer (including the Office of

2 Personnel Management, if the employer is the Federal

3 Government) has failed or refused, or is about to fail

4 or refuse, to comply with the provisions of this chap5 ter.

6 ‘‘(2) The Secretary shall, upon request, provide tech7 nical assistance to a potential claimant with respect to a

8 complaint under this subsection, and to such claimant’s em9 ployer.

10 ‘‘(c) A complaint submitted under subsection (b) shall

11 be in a form prescribed by the Secretary and shall in12 clude—

13 ‘‘(1) the name and address of the employer or

14 potential employer against whom the complaint is di15 rected; and

16 ‘‘(2) a summary of the allegations upon which

17 the complaint is based.

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

19 submitted pursuant to subsection (b). If the Secretary deter20 mines as a result of the investigation that the action alleged

21 in such complaint occurred, the Secretary shall resolve the

22 complaint by making reasonable efforts to ensure that the

23 person or entity named in the complaint complies with the

24 provisions of this chapter.
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1 ‘‘(e) If the efforts of the Secretary with respect to a

2 complaint under subsection (d) are unsuccessful, the Sec3 retary shall notify the person who submitted the complaint

4 of—

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

6 and

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

8 under the enforcement of rights provisions provided

9 under section 4322 of this title (in the case of a per10 son submitting a complaint against a State or pri11 vate employer) or section 4323 of this title (in the

12 case of a person submitting a complaint against the

13 Federal Government).

14 ‘‘(f) This subchapter does not apply to any action re15 lating to benefits to be provided under the Thrift Savings

16 Plan under title 5.

17 ‘‘§ 4322. Enforcement of rights with respect to a State

18 or private employer

19 ‘‘(a)(1) A person who receives from the Secretary a no20 tification pursuant to section 4321(e) of this title of an un21 successful effort to resolve a complaint relating to a State

22 (as an employer) or a private employer may request that

23 the Secretary refer the complaint to the Attorney General.

24 If the Attorney General is reasonably satisfied that the per25 son on whose behalf the complaint is referred is entitled to
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1 the rights or benefits sought, the Attorney General may ap2 pear on behalf of, and act as attorney for, the person on

3 whose behalf the complaint is submitted and commence an

4 action for appropriate relief for such person in an appro5 priate United States district court.

6 ‘‘(2)(A) A person referred to in subparagraph (B) may

7 commence an action for appropriate relief in an appro8 priate United States district court.

9 ‘‘(B) A person entitled to commence an action for relief

10 with respect to a complaint under subparagraph (A) is a

11 person who—

12 ‘‘(i) has chosen not to apply to the Secretary for

13 assistance regarding the complaint under section

14 4321(c) of this title;

15 ‘‘(ii) has chosen not to request that the Secretary

16 refer the complaint to the Attorney General under

17 paragraph (1); or

18 ‘‘(iii) has been refused representation by the At19 torney General with respect to the complaint under

20 such paragraph.

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

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

23 district in which the State exercises any authority or car24 ries out any function. In the case of a private employer

25 the appropriate district court is the district court for any
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1 district in which the private employer of the person main2 tains a place of business.

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

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

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

6 the person entitled to a right or benefit under this chapter—

7 ‘‘(i) to require the employer to comply with the

8 provisions of this chapter;

9 ‘‘(ii) to require the State or private employer, as

10 the case may be, to compensate the person for any loss

11 of wages or benefits suffered by reason of such employ12 er’s failure to comply with the provisions of this

13 chapter; and

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

15 an amount equal to the amount referred to in clause

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

17 that the employer’s failure to comply with the provi18 sions of this chapter was willful.

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

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

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

22 in this chapter.

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

24 against any person claiming rights under this chapter.
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1 ‘‘(B) In any action or proceeding to enforce a provi2 sion of this chapter by a person under subsection (a)(2) who

3 obtained private counsel for such action or proceeding, the

4 court may award any such person who prevails in such

5 action or proceeding reasonable attorney fees, expert witness

6 fees, and other litigation expenses.

7 ‘‘(3) The court may use its full equity powers, includ8 ing temporary or permanent injunctions and temporary re9 straining orders, to vindicate fully the rights or benefits of

10 persons under this chapter.

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

12 only by a person claiming rights or benefits under this

13 chapter, and not by an employer, prospective employer, or

14 other entity with obligations under this chapter.

15 ‘‘(5) In any such action, only a State and local govern16 ment (as an employer), an employer, or a potential em17 ployer, as the case may be, shall be a necessary party re18 spondent.

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

20 proceeding under this chapter.

21 ‘‘(7) A State shall be subject to the same remedies, in22 cluding prejudgment interest, as may be imposed upon any

23 private employer under this section.
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1 ‘‘§ 4323. Enforcement of rights with respect to Federal

2 executive agencies

3 ‘‘(a)(1) A person who receives from the Secretary a no4 tification pursuant to section 4321(e) of this title of an un5 successful effort to resolve a complaint relating to a Federal

6 executive agency may request that the Secretary refer the

7 complaint for litigation before the Merit Systems Protection

8 Board. The Secretary shall refer the complaint to the Office

9 of Special Counsel established by section 1211 of title 5.

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

11 that the person on whose behalf a complaint is referred

12 under paragraph (1) is entitled to the rights or benefits

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

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

15 act as attorney for, the person and initiate an action re16 garding such complaint before the Merit Systems Protection

17 Board.

18 ‘‘(B) If the Special Counsel decides not to initiate an

19 action and represent a person before the Merit Systems Pro20 tection Board under subparagraph (A), the Special Counsel

21 shall notify such person of that decision.

22 ‘‘(b)(1) A person referred to in paragraph (2) may sub23 mit a complaint against a Federal executive agency under

24 this subchapter directly to the Merit Systems Protection

25 Board. A person who seeks a hearing or adjudication by

26 submitting such a complaint under this paragraph may be
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1 represented at such hearing or adjudication in accordance

2 with the rules of the Board.

3 ‘‘(2) A person entitled to submit a complaint to the

4 Merit Systems Protection Board under paragraph (1) is a

5 person who—

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

7 assistance regarding a complaint under section

8 4321(c) of this title;

9 ‘‘(B) has received a notification from the Sec10 retary under section 4321(e) of this title;

11 ‘‘(C) has chosen not to be represented before the

12 Board by the Special Counsel pursuant to subsection

13 (a)(2)(A); or

14 ‘‘(D) has received a notification of a decision

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

16 ‘‘(c)(1) The Merit Systems Protection Board shall ad17 judicate any complaint brought before the Board pursuant

18 to subsection (a)(2)(A) or (b)(1).

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

20 agency has not complied with the provisions of this chapter

21 relating to the employment or reemployment of a person

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

23 agency or employee to comply with such provisions and to

24 compensate such person for any loss of wages or benefits
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1 suffered by such person by reason of such lack of compli2 ance.

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

4 to an order under paragraph (1) shall be in addition to

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

6 shall not diminish any such right or benefit.

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

8 or adjudication conducted pursuant a complaint submitted

9 by a person directly to the Board pursuant to subsection

10 (b)(1) that such person is entitled to an order referred to

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

12 such person reasonable attorney fees, expert witness fees,

13 and other litigation expenses.

14 ‘‘(d) A person adversely affected or aggrieved by a final

15 order or decision of the Merit Systems Protection Board

16 under subsection (c) may petition the United States Court

17 of Appeals for the Federal Circuit to review the final order

18 or decision. Such petition and review shall be in accordance

19 with the procedures set forth in section 7703 of title 5.

20 ‘‘(e) A person may be represented by the Special Coun21 sel in an action for review of a final order or decision issued

22 by the Merit Systems Protection Board pursuant to sub23 section (c) that is brought pursuant to section 7703 of title

24 5 unless the person was not represented by the Special
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1 Counsel before the Merit Systems Protection Board regard2 ing such order or decision.

3 ‘‘§ 4324. Enforcement of rights with respect to certain

4 Federal agencies

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

6 that—

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

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

9 this title was not in accordance with procedures for

10 the reemployment of such person under subsection (b)

11 of such section; or

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

13 person under such section was otherwise wrongful.

14 ‘‘(b) Any person referred to in subsection (a) may sub15 mit a claim relating to an allegation referred to in that

16 subsection to the inspector general of the agency which is

17 the subject of the allegation. The inspector general shall in18 vestigate and resolve the allegation pursuant to procedures

19 prescribed by the head of the agency.

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

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

22 of an agency shall ensure, to the maximum extent prac23 ticable, that the procedures are similar to the procedures

24 for investigating and resolving complaints utilized by the

25 Secretary under section 4321(d) of this title.
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1 ‘‘(d) This section may not be construed—

2 ‘‘(1) as prohibiting an employee of an agency re3 ferred to in subsection (a) from seeking information

4 from the Secretary regarding assistance in seeking re5 employment from the agency under this chapter, al6 ternative employment in the Federal Government

7 under this chapter, or information relating to the

8 rights and obligations of employee and Federal agen9 cies under this chapter; or

10 ‘‘(2) as prohibiting such an agency from volun11 tarily cooperating with or seeking assistance in or of

12 clarification from the Secretary or the Director of the

13 Office of Personnel Management of any matter aris14 ing under this chapter.

15 ‘‘§ 4325. Conduct of investigation; subpoenas

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

17 chapter, the Secretary’s duly authorized representatives

18 shall, at all reasonable times, have reasonable access to, for

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

20 any documents of any person or employer that the Sec21 retary considers relevant to the investigation.

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

23 chapter, the Secretary may require by subpoena the attend24 ance and testimony of witnesses and the production of docu25 ments relating to any matter under investigation. In case
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1 of disobedience of the subpoena or contumacy and on request

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

3 district court of the United States in whose jurisdiction

4 such disobedience or contumacy occurs for an order enforc5 ing the subpoena.

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

7 States shall have jurisdiction to issue writs commanding

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

9 Secretary or to comply with any order of the Secretary

10 made pursuant to a lawful investigation under this chapter

11 and district courts shall have jurisdiction to punish failure

12 to obey a subpoena or other lawful order of the Secretary

13 as a contempt of court.

14 ‘‘(d) Subsections (b) and (c) shall not apply to the leg15 islative branch or the judicial branch of the United States.

16 ‘‘SUBCHAPTER IV—MISCELLANEOUS

17 ‘‘§ 4331. Regulations

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

19 of Defense) may prescribe regulations implementing the

20 provisions of this chapter with respect to States and local

21 governments (as employers) and private employers.

22 ‘‘(b)(1) The Director of the Office of Personnel Manage23 ment (in consultation with the Secretary and the Secretary

24 of Defense) may prescribe regulations implementing the

25 provisions of this chapter with regard to the application
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1 of this chapter to Federal executive agencies (other than the

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

3 regulations shall be consistent with the regulations pertain4 ing to the States as employers and private employers.

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

6 to carry out the activities of such entities under this chap7 ter:

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

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

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

11 2303(a)(2)(C)(ii) of title 5.

12 ‘‘§ 4332. Outreach

13 ‘‘The Secretary, the Secretary of Defense, and the Sec14 retary of Veterans Affairs shall take such actions as such

15 Secretaries determine are appropriate to inform persons en16 titled to rights and benefits under this chapter and employ17 ers of the rights, benefits, and obligations of such persons

18 and employers under this chapter.’’.

19 (b) TABLE OF CHAPTERS.—The tables of chapters at

20 the beginning of title 38, United States Code, and the begin21 ning of part III of such title are each amended by striking

22 out the item relating to chapter 43 and inserting in lieu

23 thereof the following:

‘‘43. Employment and reemployment rights of members of

the uniformed services ....................................................................... 4301’’.
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1 (c) REPORT RELATING TO IMPLEMENTATION OF RE2 EMPLOYMENT RIGHTS PROVISIONS.—Not later than one

3 year after the date of the enactment of this Act, the Sec4 retary of Labor, the Attorney General of the United States,

5 and the Special Counsel referred to in section 4323(a)(1)

6 of title 38, United States Code (as added by subsection (a)),

7 shall each submit a report to the Congress relating to the

8 implementation of chapter 43 of such title (as added by such

9 subsection).

10 SEC. 3. EXEMPTION FROM MINIMUM SERVICE REQUIRE11 MENTS.

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

13 is amended—

14 (1) by striking out ‘‘or’’ at the end of subpara15 graph (E);

16 (2) by striking out the period at the end of sub17 paragraph (F) and inserting in lieu thereof ‘‘; or’’;

18 and

19 (3) by adding at the end thereof the following

20 new subparagraph:

21 ‘‘(G) to an entitlement to rights and benefits

22 under chapter 43 of this title.’’.
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1 SEC. 4. REPEAL OF TITLE 5 PROVISIONS RELATING TO RE2 EMPLOYMENT RIGHTS OF RESERVISTS.

3 (a) REPEAL.—Subchapter II of chapter 35 of title 5,

4 United States Code, is repealed.

5 (b) CONFORMING AMENDMENT.—The table of sections

6 at the beginning of such chapter is amended by striking

7 out the items relating to subchapter II and section 3551.

8 SEC. 5. REVISION OF FEDERAL CIVIL SERVICE RETIREMENT

9 BENEFIT PROGRAM FOR RESERVISTS.

10 (a) CREDITABLE MILITARY SERVICE UNDER CSRS.—

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

12 in the flush matter by inserting ‘‘or full-time National

13 Guard duty (as such term is defined in section 101(d) of

14 title 10) if such service interrupts creditable civilian service

15 under this subchapter and is followed by reemployment in

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

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

18 (b) PAY DEDUCTIONS FOR MILITARY SERVICE UNDER

19 CSRS.—Section 8334(j)(1) of such title is amended—

20 (1) by striking out ‘‘Each employee’’ and insert21 ing in lieu thereof ‘‘(A) Except as provided in sub22 paragraph (B), each employee’’; and

23 (2) by adding at the end the following:

24 ‘‘(B) In any case where military service interrupts

25 creditable civilian service under this subchapter and reem26 ployment pursuant to chapter 43 of title 38 occurs on or
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1 after August 1, 1990, the deposit payable under this para2 graph may not exceed the amount that would have been de3 ducted and withheld under subsection (a)(1) from basic pay

4 during civilian service if the employee had not performed

5 the period of military service.’’.

6 (c) CREDITABLE MILITARY SERVICE UNDER FERS.—

7 Section 8401(31) of such title is amended in the flush mat8 ter by inserting ‘‘or full-time National Guard duty (as such

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

10 interrupts creditable civilian service under this subchapter

11 and is followed by reemployment in accordance with chap12 ter 43 of title 38 that occurs on or after August 1, 1990’’

13 before the semicolon.

14 (d) PAY DEDUCTIONS FOR MILITARY SERVICE UNDER

15 FERS.—Section 8422(e)(1) of such title is amended—

16 (1) by striking out ‘‘Each employee’’ and insert17 ing in lieu thereof ‘‘(A) Except as provided in sub18 paragraph (B), each employee’’; and

19 (2) by adding at the end the following:

20 ‘‘(B) In any case where military service interrupts

21 creditable civilian service under this subchapter and reem22 ployment pursuant to chapter 43 of title 38 occurs on or

23 after August 1, 1990, the deposit payable under this para24 graph may not exceed the amount that would have been de25 ducted and withheld under subsection (a)(1) from basic pay
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1 during civilian service if the employee had not performed

2 the period of military service.’’.

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

4 Code, is amended as follows:

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

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

7 lieu thereof ‘‘1986’’.

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

9 ‘‘1954’’ and inserting in lieu thereof ‘‘1986’’.

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

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

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

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

14 (5) In section 8440—

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

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

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

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

19 SEC. 6. THRIFT SAVINGS PLAN.

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

21 amended by inserting after section 8432a the following:

22 ‘‘§ 8432b. Contributions of persons who perform mili23 tary service

24 ‘‘(a) This section applies to any employee who—
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1 ‘‘(1) separates or enters leave-without-pay status

2 in order to perform military service; and

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

4 a position which is subject to this chapter, pursuant

5 to chapter 43 of title 38.

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

7 may contribute to the Thrift Savings Fund, in accordance

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

9 described in paragraph (2).

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

11 contribute under this subsection is equal to—

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

13 which would have been made, over the period begin14 ning on date of separation or commencement of leave15 without-pay status (as applicable) and ending on the

16 day before the date of restoration or reemployment (as

17 applicable); reduced by

18 ‘‘(B) any contributions under section 8432(a) ac19 tually made by such employee over the period de20 scribed in subparagraph (A).

21 ‘‘(3) Contributions under this subsection—

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

23 same manner as would any contributions under sec24 tion 8432(a);
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1 ‘‘(B) shall be made over the period of time speci2 fied by the employee under paragraph (4)(B); and

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

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

5 ‘‘(4)(A) The Executive Director shall prescribe the

6 time, form, and manner in which an employee may speci7 fy—

8 ‘‘(i) the total amount such employee wishes to

9 contribute under this subsection with respect to any

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

11 and

12 ‘‘(ii) the period of time over which the employee

13 wishes to make contributions under this subsection.

14 ‘‘(B) The employing agency may place a maximum

15 limit on the period of time referred to in subparagraph

16 (A)(ii), which cannot be shorter than two times the period

17 referred to in paragraph (2)(B) and not longer than four

18 times such period.

19 ‘‘(c) If an employee makes contributions under sub20 section (b), the employing agency shall make contributions

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

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

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

24 were being made under section 8432(a); and
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1 ‘‘(2) disregarding any contributions then actu2 ally being made under section 8432(a) and any agen3 cy contributions relating thereto.

4 ‘‘(d) An employee to whom this section applies is enti5 tled to have contributed to the Thrift Savings Fund on such

6 employee’s behalf an amount equal to—

7 ‘‘(1) 1 percent of such employee’s basic pay (as

8 determined under subsection (e)) for the period re9 ferred to in subsection (b)(2)(B); reduced by

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

11 employee’s behalf under section 8432(c)(1) with re12 spect to the period referred to in subsection (b)(2)(B).

13 ‘‘(e) For purposes of any computation under this sec14 tion, an employee shall, with respect to the period referred

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

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

17 had such employee remained continuously employed in the

18 position which such employee last held before separating or

19 entering leave-without-pay status to perform military serv20 ice.

21 ‘‘(f) Amounts paid under subsection (c) or (d) shall

22 be paid—

23 ‘‘(1) by the agency to which the employee is re24 stored or in which such employee is reemployed;
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1 ‘‘(2) from the same source as would be the case

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

3 under section 8432(c); and

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

5 Director.

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

7 an employee to whom this section applies—

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

9 to perform the military service on which the employ10 ee’s restoration or reemployment rights are based

11 shall be disregarded; and

12 ‘‘(B) such employee shall be credited with a pe13 riod of civilian service equal to the period referred to

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

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

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

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

18 employee’s separation (described in subsection (a)(1)) treat19 ed as if it had never occurred.

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

21 within such period of time after restoration or reemploy22 ment (as the case may be) and otherwise in such manner

23 as the Executive Director prescribes.

24 ‘‘(h) The Executive Director shall prescribe regulations

25 to carry out this section.’’.
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1 (2) The table of sections at the beginning of chapter

2 84 of title 5, United States Code, is amended by inserting

3 after the item relating to section 8432a the following:

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

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

5 8433(d) of title 5, United States Code, is amended by strik6 ing ‘‘subsection (e).’’ and inserting ‘‘subsection (e), unless

7 an election under section 8432b(g)(2) is made to treat such

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

9 occurred.’’.

10 (2) Paragraphs (1) and (2) of section 8433(h) are each

11 amended by striking the period at the end and inserting

12 ‘‘, or unless an election under section 8432b(g)(2) is made

13 to treat such separation for purposes of this paragraph as

14 if it had never occurred.’’.

15 (c) ELECTION TO RESUME REGULAR CONTRIBUTIONS

16 UPON RESTORATION OR REEMPLOYMENT.—Section 8432 of

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

18 end the following:

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

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

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

22 absence from civilian service (as referred to in section

23 8432b(b)(2)(B))—

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

25 in subsection (b)(1); or
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1 ‘‘(ii) would be so eligible but for having ei2 ther elected to terminate individual contributions

3 to the Thrift Savings Fund within 2 months be4 fore commencing military service or separated in

5 order to perform military service.

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

7 to ensure that any employee to whom this subsection applies

8 shall, within a reasonable time after being restored or reem9 ployed (in the manner described in section 8432b(a)(2)),

10 be afforded the opportunity to make, for purposes of this

11 section, any election which would be allowable during a pe12 riod described in subsection (b)(1)(A).’’.

13 (d) APPLICABILITY TO EMPLOYEES UNDER CSRS.—

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

15 by adding at the end the following:

16 ‘‘(11) In applying section 8432b to an employee con17 tributing to the Thrift Savings Fund after being restored

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

19 pursuant to chapter 43 of title 38—

20 ‘‘(A) any reference in such section to contribu21 tions under section 8432(a) shall be considered a ref22 erence to employee contributions under this section;

23 ‘‘(B) the contribution rate under section

24 8432b(b)(2)(A) shall be the maximum percentage al25 lowable under subsection (b)(2) of this section; and
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1 ‘‘(C) subsections (c) and (d) of section 8432b

2 shall be disregarded.’’.

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

4 and the amendments made by this section—

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

6 this Act; and

7 (2) shall apply to any employee whose release

8 from military service, discharge from hospitalization,

9 or other similar event making the individual eligible

10 to seek restoration or reemployment under chapter 43

11 of title 38, United States Code (as added by section

12 2(a)), occurs on or after August 1, 1990.

13 (f) RULES FOR APPLYING AMENDMENTS TO EMPLOY14 EES RESTORED OR REEMPLOYED BEFORE EFFECTIVE

15 DATE.—In the case of any employee (described in sub16 section (e)(2)) who is restored or reemployed in a position

17 of employment (in the circumstances described in section

18 8432b(a) of title 5, United States Code, as amended by this

19 section) before the date of enactment of this Act, the amend20 ments made by this section shall apply to such employee,

21 in accordance with their terms, subject to the following:

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

23 been reemployed or restored until—

24 (A) the date of enactment of this Act, or
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1 (B) the first day following such employee’s

2 reemployment or restoration on which such em3 ployee is or was eligible to make an election re4 lating to contributions to the Thrift Savings

5 Fund,

6 whichever occurs or occurred first.

7 (2) If the employee changed agencies during the

8 period between date of actual reemployment or res9 toration and the date of enactment of this Act, the

10 employing agency as of such date of enactment shall

11 be considered the reemploying or restoring agency.

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

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

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

15 that, with respect to the period described in subpara16 graph (B), actual pay attributable to such period

17 shall be used.

18 (B) The period described in this subparagraph is

19 the period beginning on the first day of the first ap20 plicable pay period beginning on or after the date of

21 the employee’s actual reemployment or restoration

22 and ending on the day before the date determined

23 under paragraph (1).
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1 SEC. 7. CONFORMING AMENDMENTS.

2 (a) TITLE 5.—Section 1204(a)(1) of title 5, United

3 States Code, is amended by striking out ‘‘section 4323’’ and

4 inserting in lieu thereof ‘‘chapter 43’’.

5 (b) TITLE 10.—Section 706(c)(1) of title 10, United

6 States Code, is amended by striking out ‘‘section 4321’’ and

7 inserting in lieu thereof ‘‘chapter 43’’.

8 SEC. 8. TECHNICAL AMENDMENT.

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

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

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

12 ‘‘section’’.

13 (b) EFFECTIVE DATE.—The amendment made by sub14 section (a) shall take effect as if included in Public Law

15 102–16 to which such amendment relates.

16 SEC. 9. TRANSITION RULES AND EFFECTIVE DATES.

17 (a) REEMPLOYMENT.—(1) Except as otherwise pro18 vided in this Act, the amendments made by this Act shall

19 be effective with respect to reemployments initiated on or

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

21 date of enactment of this Act.

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

23 States Code, in effect on the day before such date of enact24 ment, shall continue to apply to reemployments initiated

25 before the end of such 60-day period.
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1 (3) In determining the number of years of service that

2 may not be exceeded in an employee-employer relationship

3 with respect to which a person seeks reemployment under

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

5 or after the date of enactment of this Act, there shall be

6 included all years of service without regard to whether the

7 periods of service occurred before or after such date of enact8 ment unless the period of service is exempted by the chapter

9 43 that is applicable, as provided in paragraphs (1) and

10 (2), to the reemployment concerned.

11 (4) A person who initiates reemployment under chap12 ter 43 of title 38, United States Code, during or after the

13 60-day period beginning on the date of enactment of this

14 Act and whose reemployment is made in connection with

15 a period of service in the uniform services that was initiated

16 before the end of such period shall be deemed to have satis17 fied the notification requirement of section 4312(a)(1) of

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

19 made by this Act, if the person complied with any applica20 ble notice requirement under chapter 43, United States

21 Code, as in effect on the day before the date of enactment

22 of this Act.

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

24 of title 38, United States Code, as provided in the amend25 ments made by this Act, and the provisions of subchapter
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1 III of chapter 43 of such title, as provided in the amend2 ments made by this Act, that are necessary for the imple3 mentation of such section 4311 shall become effective on the

4 date of enactment of this Act.

5 (c) INSURANCE.—(1) Except as provided in paragraph

6 (2), the provisions of section 4316(c) of title 38, United

7 States Code, as provided in the amendments made by this

8 Act, concerning insurance coverage shall become effective on

9 the date of enactment of this Act.

10 (2) A person on active duty on the date of enactment

11 of this Act, or a family member or personal representative

12 of such person, may, after the date of enactment of this Act,

13 elect to reinstate or continue insurance coverage as provided

14 in such section 4316. If such an election is made, insurance

15 coverage shall remain in effect for the remaining portion

16 of the 18-month period that began on the date of such per17 son’s separation from civilian employment or the period of

18 the person’s service in the uniformed service, whichever is

19 the period of lesser duration.

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

21 of title 38, United States Code, as provided in the amend22 ments made by this Act, shall apply to reemployments initi23 ated on or after August 1, 1990.

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

25 38, United States Code (as in effect on the date of enactment
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1 of this Act), is repealed, and the table of sections at the

2 beginning of chapter 43 of such title (as in effect on the

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

4 the item relating to section 4307.

5 (e) INVESTIGATIONS AND SUBPOENAS.—The provisions

6 of section 4325 of title 38, United States Code, as provided

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

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

9 matter pending with the Secretary of Labor under section

10 4305 of title 38, United States Code, as of that date.

11 (f) PREVIOUS ACTIONS.—Except as otherwise pro12 vided, the amendments made by this Act do not affect

13 reemployments that were initiated, rights, benefits, and du14 ties that matured, penalties that were incurred, and pro15 ceedings that begin before the end of the 60-day period re16 ferred to in subsection (a).

17 (g) DEFINITION.—For the purposes of this section, the

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

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

20 United States Code, as provided in the amendments made

21 by this Act.
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1 SEC. 10. INCREASE IN AMOUNT OF LOAN GUARANTY FOR

2 LOANS FOR THE PURCHASE OR CONSTRUC3 TION OF HOMES.

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

5 3703(a)(1) of title 38, United States Code, are each amend6 ed by striking out ‘‘$46,000’’ and inserting in lieu thereof

7 ‘‘$50,750’’.

Attest:

Secretary.
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