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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 995 Engrossed Amendment House (EAH)]

                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:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Uniformed Services Employment and 
Reemployment Rights Act of 1994''.

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

    (a) Restatement and Improvement of Employment and Reemployment 
Rights.--Chapter 43 of title 38, United States Code, is amended to read 
as follows:

  ``CHAPTER 43--EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE 
                           UNIFORMED SERVICES

                        ``SUBCHAPTER I--GENERAL

``4301. Purposes; sense of Congress.
``4302. Relation to other law and plans or agreements.
``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. 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.

                        ``SUBCHAPTER I--GENERAL

``Sec. 4301. Purposes; sense of Congress
    ``(a) The purposes of this chapter are--
            ``(1) to encourage noncareer service in the uniformed 
        services by eliminating or minimizing the disadvantages to 
        civilian careers and employment which can result from such 
        service;
            ``(2) to minimize the disruption to the lives of persons 
        performing service in the uniformed services as well as to 
        their employers, their fellow employees, and their communities, 
        by providing for the prompt reemployment of such persons upon 
        their completion of such service under honorable conditions; 
        and
            ``(3) to prohibit discrimination against persons because of 
        their service in the uniformed services.
    ``(b) It is the sense of Congress that the Federal Government 
should be a model employer in carrying out the provisions of this 
chapter.
``Sec. 4302. Relation to other law and plans or agreements
    ``(a) Nothing in this chapter shall supersede, nullify or diminish 
any Federal or State law (including any local law or ordinance), 
contract, agreement, policy, plan, practice, or other matter that 
establishes a right or benefit that is more beneficial to, or is in 
addition to, a right or benefit provided for such person in this 
chapter.
    ``(b) This chapter supersedes any State law (including any local 
law or ordinance), contract, agreement, policy, plan, practice, or 
other matter that reduces, limits, or eliminates in any manner any 
right or benefit provided by this chapter, including the establishment 
of additional prerequisites to the exercise of any such right or the 
receipt of any such benefit.
``Sec. 4303. Definitions
    ``For the purposes of this chapter--
            ``(1) The term `Attorney General' means the Attorney 
        General of the United States or any person designated by the 
        Attorney General to carry out a responsibility of the Attorney 
        General under this chapter.
            ``(2) The term `benefit', `benefit of employment', or 
        `rights and benefits' means any advantage, profit, privilege, 
        gain, status, account, or interest (other than wages or salary 
        for work performed) that accrues by reason of an employment 
        contract or agreement or an employer policy, plan, or practice 
        and includes rights and benefits under a pension plan, a health 
        plan, an employee stock ownership plan, insurance coverage and 
        awards, bonuses, severance pay, supplemental unemployment 
        benefits, vacations, and the opportunity to select work hours 
        or location of employment.
            ``(3) The term `employee' means any person employed by an 
        employer.
            ``(4)(A) Except as provided in subparagraphs (B) and (C), 
        the term `employer' means any person, institution, 
        organization, or other entity that pays salary or wages for 
        work performed or that has control over employment 
        opportunities, including--
                    ``(i) a person, institution, organization, or other 
                entity to whom the employer has delegated the 
                performance of employment-related responsibilities;
                    ``(ii) the Federal Government;
                    ``(iii) a State;
                    ``(iv) any successor in interest to a person, 
                institution, organization, or other entity referred to 
                in this subparagraph; and
                    ``(v) a person, institution, organization, or other 
                entity that has denied initial employment in violation 
                of section 4311.
            ``(B) In the case of a National Guard technician employed 
        under section 709 of title 32, the term `employer' means the 
        adjutant general of the State in which the technician is 
        employed.
            ``(C) Except as an actual employer of employees, an 
        employee pension benefit plan described in section 3(2) of the 
        Employee Retirement Income Security Act of 1974 (29 U.S.C. 
        1002(2)) shall be deemed to be an employer only with respect to 
        the obligation to provide benefits described in section 4318.
            ``(5) The term `Federal executive agency' includes the 
        United States Postal Service, the Postal Rate Commission, any 
        nonappropriated fund instrumentality of the United States, any 
        Executive agency (as that term is defined in section 105 of 
        title 5) other than an agency referred to in section 
        2302(a)(2)(C)(ii) of title 5, and any military department (as 
        that term is defined in section 102 of title 5) with respect to 
        the civilian employees of that department.
            ``(6) The term `Federal Government' includes any Federal 
        executive agency, the legislative branch of the United States, 
        and the judicial branch of the United States.
            ``(7) The term `health plan' means an insurance policy or 
        contract, medical or hospital service agreement, membership or 
        subscription contract, or other arrangement under which health 
        services for individuals are provided or the expenses of such 
        services are paid.
            ``(8) The term `notice' means (with respect to subchapter 
        II) any written or verbal notification of an obligation or 
        intention to perform service in the uniformed services provided 
        to an employer by the employee who will perform such service or 
        by the uniformed service in which such service is to be 
        performed.
            ``(9) The term `qualified', with respect to an employment 
        position, means having the ability to perform the essential 
        tasks of the position.
            ``(10) The term `reasonable efforts', in the case of 
        actions required of an employer under this chapter, means 
        actions, including training provided by an employer, that do 
        not place an undue hardship on the employer.
            ``(11) Notwithstanding section 101, the term `Secretary' 
        means the Secretary of Labor or any person designated by such 
        Secretary to carry out an activity under this chapter.
            ``(12) The term `seniority' means longevity in employment 
        together with any benefits of employment which accrue with, or 
        are determined by, longevity in employment.
            ``(13) The term `service in the uniformed services' means 
        the performance of duty on a voluntary or involuntary basis in 
        a uniformed service under competent authority and includes 
        active duty, active duty for training, initial active duty for 
        training, inactive duty training, full-time National Guard 
        duty, and a period for which a person is absent from a position 
        of employment for the purpose of an examination to determine 
        the fitness of the person to perform any such duty.
            ``(14) The term `State' means each of the several States of 
        the United States, the District of Columbia, the Commonwealth 
        of Puerto Rico, Guam, the Virgin Islands, and other territories 
        of the United States (including the agencies and political 
        subdivisions thereof).
            ``(15) The term `undue hardship', in the case of actions 
        taken by an employer, means actions requiring significant 
        difficulty or expense, when considered in light of--
                    ``(A) the nature and cost of the action needed 
                under this chapter;
                    ``(B) the overall financial resources of the 
                facility or facilities involved in the provision of the 
                action; the number of persons employed at such 
                facility; the effect on expenses and resources, or the 
                impact otherwise of such action upon the operation of 
                the facility;
                    ``(C) the overall financial resources of the 
                employer; the overall size of the business of an 
                employer with respect to the number of its employees; 
                the number, type, and location of its facilities; and
                    ``(D) the type of operation or operations of the 
                employer, including the composition, structure, and 
                functions of the work force of such employer; the 
                geographic separateness, administrative, or fiscal 
                relationship of the facility or facilities in question 
                to the employer.
            ``(16) The term `uniformed services' means the Armed 
        Forces, the Army National Guard and the Air National Guard when 
        engaged in active duty for training, inactive duty training, or 
        full-time National Guard duty, the commissioned corps of the 
        Public Health Service, and any other category of persons 
        designated by the President in time of war or emergency.
``Sec.  4304. Character of service
    ``A person's entitlement to the benefits of this chapter by reason 
of the service of such person in one of the uniformed services 
terminates upon the occurrence of any of the following events:
            ``(1) A separation of such person from such uniformed 
        service with a dishonorable or bad conduct discharge.
            ``(2) A separation of such person from such uniformed 
        service under other than honorable conditions, as characterized 
        pursuant to regulations prescribed by the Secretary concerned.
            ``(3) A dismissal of such person permitted under section 
        1161(a) of title 10.
            ``(4) A dropping of such person from the rolls pursuant to 
        section 1161(b) of title 10.

 ``SUBCHAPTER II--EMPLOYMENT AND REEMPLOYMENT RIGHTS AND LIMITATIONS; 
                              PROHIBITIONS

``Sec. 4311. Discrimination against persons who serve in the uniformed 
              services and acts of reprisal prohibited
    ``(a) A person who is a member of, applies to be a member of, 
performs, has performed, applies to perform, or has an obligation to 
perform service in a uniformed service shall not be denied initial 
employment, reemployment, retention in employment, promotion, or any 
benefit of employment by an employer on the basis of that membership, 
application for membership, performance of service, application for 
service, or obligation.
    ``(b) An employer shall be considered to have denied a person 
initial employment, reemployment, retention in employment, promotion, 
or a benefit of employment in violation of this section if the person's 
membership, application for membership, service, application for 
service, or obligation for service in the uniformed services is a 
motivating factor in the employer's action, unless the employer can 
prove that the action would have been taken in the absence of such 
membership, application for membership, performance of service, 
application for service, or obligation.
    ``(c)(1) An employer may not discriminate in employment against or 
take any adverse employment action against any person because such 
person has taken an action to enforce a protection afforded any person 
under this chapter, has testified or otherwise made a statement in or 
in connection with any proceeding under this chapter, has assisted or 
otherwise participated in an investigation under this chapter, or has 
exercised a right provided for in this chapter.
    ``(2) The prohibition in paragraph (1) shall apply with respect to 
a person regardless of whether that person has performed service in the 
uniformed services and shall apply to any position of employment, 
including a position that is described in section 4312(d)(1)(C).
``Sec. 4312. Reemployment rights of persons who serve in the uniformed 
              services
    ``(a) Subject to subsections (b), (c), and (d) and to section 4304, 
any person who is absent from a position of employment by reason of 
service in the uniformed services shall be entitled to the reemployment 
rights and benefits and other employment benefits of this chapter if--
            ``(1) the person (or an appropriate officer of the 
        uniformed service in which such service is performed) has given 
        advance written or verbal notice of such service to such 
        person's employer;
            ``(2) the cumulative length of the absence and of all 
        previous absences from a position of employment with that 
        employer by reason of service in the uniformed services does 
        not exceed five years; and
            ``(3) except as provided in subsection (f), the person 
        reports to, or submits an application for reemployment to, such 
        employer in accordance with the provisions of subsection (e).
    ``(b) No notice is required under subsection (a)(1) if the giving 
of such notice is precluded by military necessity or, under all of the 
relevant circumstances, the giving of such notice is otherwise 
impossible or unreasonable. A determination of military necessity for 
the purposes of this subsection shall be made pursuant to regulations 
prescribed by the Secretary of Defense and shall not be subject to 
judicial review.
    ``(c) Subsection (a) shall apply to a person who is absent from a 
position of employment by reason of service in the uniformed services 
if such person's cumulative period of service in the uniformed 
services, with respect to the employer relationship for which a person 
seeks reemployment, does not exceed five years, except that any such 
period of service shall not include any service--
            ``(1) that is required, beyond five years, to complete an 
        initial period of obligated service;
            ``(2) during which such person was unable to obtain orders 
        releasing such person from a period of service in the uniformed 
        services before the expiration of such five-year period and 
        such inability was through no fault of such person;
            ``(3) performed as required pursuant to section 270 of 
        title 10, under section 502(a) or 503 of title 32, or to 
        fulfill additional training requirements determined and 
        certified in writing by the Secretary concerned, to be 
        necessary for professional development, or for completion of 
        skill training or retraining; or
            ``(4) performed by a member of a uniformed service who is--
                    ``(A) ordered to or retained on active duty under 
                section 672(a), 672(g), 673, 673b, 673c, or 688 of 
                title 10 or under section 331, 332, 359, 360, 367, or 
                712 of title 14;
                    ``(B) ordered to or retained on active duty (other 
                than for training) under any provision of law during a 
                war or during a national emergency declared by the 
                President or the Congress;
                    ``(C) ordered to active duty (other than for 
                training) in support, as determined by the Secretary 
                concerned, of an operational mission for which 
                personnel have been ordered to active duty under 
                section 673b of title 10;
                    ``(D) ordered to active duty in support, as 
                determined by the Secretary concerned, of a critical 
                mission or requirement of the uniformed services; or
                    ``(E) called into Federal service as a member of 
                the National Guard under chapter 15 of title 10 or 
                under section 3500 or 8500 of title 10.
    ``(d)(1) An employer is not required to reemploy a person under 
this chapter if--
            ``(A) the employer's circumstances have so changed as to 
        make such reemployment impossible or unreasonable;
            ``(B) in the case of a person entitled to reemployment 
        under subsection (a)(3), (a)(4), or (b)(2)(B) of section 4313, 
        such employment would impose an undue hardship on the employer; 
        or
            ``(C) the employment from which the person leaves to serve 
        in the uniformed services is for a brief, nonrecurrent period 
        and there is no reasonable expectation that such employment 
        will continue indefinitely or for a significant period.
    ``(2) In any proceeding involving an issue of whether--
            ``(A) any reemployment referred to in paragraph (1) is 
        impossible or unreasonable because of a change in an employer's 
        circumstances,
            ``(B) any accommodation, training, or effort referred to in 
        subsection (a)(3), (a)(4), or (b)(2)(B) of section 4313 would 
        impose an undue hardship on the employer, or
            ``(C) the employment referred to in paragraph (1)(C) is 
        brief or for a nonrecurrent period and without a reasonable 
        expectation that such employment will continue indefinitely or 
        for a significant period,
the employer shall have the burden of proving the impossibility or 
unreasonableness, undue hardship, or the brief or nonrecurrent nature 
of the employment without a reasonable expectation of continuing 
indefinitely or for a significant period.
    ``(e)(1) Subject to paragraph (2), a person referred to in 
subsection (a) shall, upon the completion of a period of service in the 
uniformed services, notify the employer referred to in such subsection 
of the person's intent to return to a position of employment with such 
employer as follows:
            ``(A) In the case of a person whose period of service in 
        the uniformed services was less than 31 days, by reporting to 
        the employer--
                    ``(i) not later than the beginning of the first 
                full regularly scheduled work period on the first full 
                calendar day following the completion of the period of 
                service and the expiration of eight hours after a 
                period allowing for the safe transportation of the 
                person from the place of that service to the person's 
                residence; or
                    ``(ii) as soon as possible after the expiration of 
                the eight-hour period referred to in clause (i), if 
                reporting within the period referred to in such clause 
                is impossible or unreasonable through no fault of the 
                person.
            ``(B) In the case of a person who is absent from a position 
        of employment for a period of any length for the purposes of an 
        examination to determine the person's fitness to perform 
        service in the uniformed services, by reporting in the manner 
        and time referred to in subparagraph (A).
            ``(C) In the case of a person whose period of service in 
        the uniformed services was for more than 30 days but less than 
        181 days, by submitting an application for reemployment with 
        the employer not later than 14 days after the completion of the 
        period of service or if submitting such application within such 
        period is impossible or unreasonable through no fault of the 
        person, the next first full calendar day when submission of 
        such application becomes possible.
            ``(D) In the case of a person whose period of service in 
        the uniformed services was for more than 180 days, by 
        submitting an application for reemployment with the employer 
        not later than 90 days after the completion of the period of 
        service.
    ``(2)(A) A person who is hospitalized for, or convalescing from, an 
illness or injury incurred in, or aggravated during, the performance of 
service in the uniformed services shall, at the end of the period that 
is necessary for the person to recover from such illness or injury, 
report to the person's employer (in the case of a person described in 
subparagraph (A) or (B) of paragraph (1)) or submit an application for 
reemployment with such employer (in the case of a person described in 
subparagraph (C) or (D) of such paragraph). Except as provided in 
subparagraph (B), such period of recovery may not exceed two years.
    ``(B) Such two-year period shall be extended by the minimum time 
required to accommodate the circumstances beyond such person's control 
which make reporting within the period specified in subparagraph (A) 
impossible or unreasonable.
    ``(3) A person who fails to report or apply for employment or 
reemployment within the appropriate period specified in this subsection 
shall not automatically forfeit such person's entitlement to the rights 
and benefits referred to in subsection (a) but shall be subject to the 
conduct rules, established policy, and general practices of the 
employer pertaining to explanations and discipline with respect to 
absence from scheduled work.
    ``(f)(1) A person who submits an application for reemployment in 
accordance with subparagraph (C) or (D) of subsection (e)(1) or 
subsection (e)(2) shall provide to the person's employer (upon the 
request of such employer) documentation to establish that--
            ``(A) the person's application is timely;
            ``(B) the person has not exceeded the service limitations 
        set forth in subsection (a)(2) (except as permitted under 
        subsection (c)); and
            ``(C) the person's entitlement to the benefits under this 
        chapter has not been terminated pursuant to section 4304.
    ``(2) Documentation of any matter referred to in paragraph (1) that 
satisfies regulations prescribed by the Secretary shall satisfy the 
documentation requirements in such paragraph.
    ``(3)(A) Except as provided in subparagraph (B), the failure of a 
person to provide documentation that satisfies regulations prescribed 
pursuant to paragraph (2) shall not be a basis for denying reemployment 
in accordance with the provisions of this chapter if the failure occurs 
because such documentation does not exist or is not readily available 
at the time of the request of the employer. If, after such 
reemployment, documentation becomes available that establishes that 
such person does not meet one or more of the requirements referred to 
in subparagraphs (A), (B), and (C) of paragraph (1), the employer of 
such person may terminate the employment of the person and the 
provision of any rights or benefits afforded the person under this 
chapter.
    ``(B) An employer who reemploys a person absent from a position of 
employment for more than 90 days may require that the person provide 
the employer with the documentation referred to in subparagraph (A) 
before beginning to treat the person as not having incurred a break in 
service for pension purposes under section 4318(a)(2)(A).
    ``(4) An employer may not delay or attempt to defeat a reemployment 
obligation by demanding documentation that does not then exist or is 
not then readily available.
    ``(g) The right of a person to reemployment under this section 
shall not entitle such person to retention, preference, or displacement 
rights over any person with a superior claim under the provisions of 
title 5, United States Code, relating to veterans and other preference 
eligibles.
    ``(h) In any determination of a person's entitlement to protection 
under this chapter, the timing, frequency, and duration of the person's 
training or service, or the nature of such training or service 
(including voluntary service) in the uniformed services, shall not be a 
basis for denying protection of this chapter if the service does not 
exceed the limitations set forth in subsection (c) and the notice 
requirements established in subsection (a)(1) and the notification 
requirements established in subsection (e) are met.
``Sec. 4313. Reemployment positions
    ``(a) Subject to subsection (b) (in the case of any employee) and 
sections 4314 and 4315 (in the case of an employee of the Federal 
Government), a person entitled to reemployment under section 4312, upon 
completion of a period of service in the uniformed services, shall be 
promptly reemployed in a position of employment in accordance with the 
following order of priority:
            ``(1) Except as provided in paragraphs (3) and (4), in the 
        case of a person whose period of service in the uniformed 
        services was for less than 91 days--
                    ``(A) in the position of employment in which the 
                person would have been employed if the continuous 
                employment of such person with the employer had not 
                been interrupted by such service, the duties of which 
                the person is qualified to perform; or
                    ``(B) in the position of employment in which the 
                person was employed on the date of the commencement of 
                the service in the uniformed services, only if the 
                person is not qualified to perform the duties of the 
                position referred to in subparagraph (A) after 
                reasonable efforts by the employer to qualify the 
                person.
            ``(2) Except as provided in paragraphs (3) and (4), in the 
        case of a person whose period of service in the uniformed 
        services was for more than 90 days--
                    ``(A) in the position of employment in which the 
                person would have been employed if the continuous 
                employment of such person with the employer had not 
                been interrupted by such service, or a position of like 
                seniority, status and pay, the duties of which the 
                person is qualified to perform; or
                    ``(B) in the position of employment in which the 
                person was employed on the date of the commencement of 
                the service in the uniformed services, or a position of 
                like seniority, status and pay, the duties of which the 
                person is qualified to perform, only if the person is 
                not qualified to perform the duties of a position 
                referred to in subparagraph (A) after reasonable 
                efforts by the employer to qualify the person.
            ``(3) In the case of a person who has a disability incurred 
        in, or aggravated during, such service, and who (after 
        reasonable efforts by the employer to accommodate the 
        disability) is not qualified due to such disability to be 
        employed in the position of employment in which the person 
        would have been employed if the continuous employment of such 
        person with the employer had not been interrupted by such 
        service--
                    ``(A) in any other position which is equivalent in 
                seniority, status, and pay, the duties of which the 
                person is qualified to perform or would become 
                qualified to perform with reasonable efforts by the 
                employer; or
                    ``(B) if not employed under subparagraph (A), in a 
                position which is the nearest approximation to a 
                position referred to in subparagraph (A) in terms of 
                seniority, status, and pay consistent with 
                circumstances of such person's case.
            ``(4) In the case of a person who (A) is not qualified to 
        be employed in (i) the position of employment in which the 
        person would have been employed if the continuous employment of 
        such person with the employer had not been interrupted by such 
        service, or (ii) in the position of employment in which such 
        person was employed on the date of the commencement of the 
        service in the uniform services for any reason (other than 
        disability incurred in, or aggravated during, service in the 
        uniformed services), and (B) cannot become qualified with 
        reasonable efforts by the employer, in any other position of 
        lesser status and pay which such person is qualified to 
        perform, with full seniority.
    ``(b)(1) If two or more persons are entitled to reemployment under 
section 4312 in the same position of employment and more than one of 
them has reported for such reemployment, the person who left the 
position first shall have the prior right to reemployment in that 
position.
    ``(2) Any person entitled to reemployment under section 4312 who is 
not reemployed in a position of employment by reason of paragraph (1) 
shall be entitled to be reemployed as follows:
            ``(A) Except as provided in subparagraph (B), in any other 
        position of employment referred to in subsection (a)(1) or 
        (a)(2), as the case may be (in the order of priority set out in 
        the applicable subsection), that provides a similar status and 
        pay to a position of employment referred to in paragraph (1) of 
        this subsection, consistent with the circumstances of such 
        person's case, with full seniority.
            ``(B) In the case of a person who has a disability incurred 
        in, or aggravated during, a period of service in the uniformed 
        services that requires reasonable efforts by the employer for 
        the person to be able to perform the duties of the position of 
        employment, in any other position referred to in subsection 
        (a)(3) (in the order of priority set out in that subsection) 
        that provides a similar status and pay to a position referred 
        to in paragraph (1) of this subsection, consistent with 
        circumstances of such person's case, with full seniority.
``Sec. 4314. Reemployment by the Federal Government
    ``(a) Except as provided in subsections (b), (c), and (d), if a 
person is entitled to reemployment by the Federal Government under 
section 4312, such person shall be reemployed in a position of 
employment as described in section 4313.
    ``(b)(1) If the Director of the Office of Personnel Management 
makes a determination described in paragraph (2) with respect to a 
person who was employed by a Federal executive agency at the time the 
person entered the service from which the person seeks reemployment 
under this section, the Director shall--
            ``(A) identify a position of like seniority, status, and 
        pay at another Federal executive agency that satisfies the 
        requirements of section 4313 and for which the person is 
        qualified; and
            ``(B) ensure that the person is offered such position.
    ``(2) The Director shall carry out the duties referred to in 
subparagraphs (A) and (B) of paragraph (1) if the Director determines 
that--
            ``(A) the Federal executive agency that employed the person 
        referred to in such paragraph no longer exists and the 
        functions of such agency have not been transferred to another 
        Federal executive agency; or
            ``(B) it is impossible or unreasonable for the agency to 
        reemploy the person.
    ``(c) If the employer of a person described in subsection (a) was, 
at the time such person entered the service from which such person 
seeks reemployment under this section, a part of the judicial branch or 
the legislative branch of the Federal Government, and such employer 
determines that it is impossible or unreasonable for such employer to 
reemploy such person, such person shall, upon application to the 
Director of the Office of Personnel Management, be ensured an offer of 
employment in an alternative position in a Federal executive agency on 
the basis described in subsection (b).
    ``(d) If the adjutant general of a State determines that it is 
impossible or unreasonable to reemploy a person who was a National 
Guard technician employed under section 709 of title 32, such person 
shall, upon application to the Director of the Office of Personnel 
Management, be ensured an offer of employment in an alternative 
position in a Federal executive agency on the basis described in 
subsection (b).
``Sec.  4315. Reemployment by certain Federal agencies
    ``(a) The head of each agency referred to in section 
2302(a)(2)(C)(ii) of title 5 shall prescribe procedures for ensuring 
that the rights under this chapter apply to the employees of such 
agency.
    ``(b) In prescribing procedures under subsection (a), the head of 
an agency referred to in that subsection shall ensure, to the maximum 
extent practicable, that the procedures of the agency for reemploying 
persons who serve in the uniformed services provide for the 
reemployment of such persons in the agency in a manner similar to the 
manner of reemployment described in section 4313.
    ``(c)(1) The procedures prescribed under subsection (a) shall 
designate an official at the agency who shall determine whether or not 
the reemployment of a person referred to in subsection (b) by the 
agency is impossible or unreasonable.
    ``(2) Upon making a determination that the reemployment by the 
agency of a person referred to in subsection (b) is impossible or 
unreasonable, the official referred to in paragraph (1) shall notify 
the person and the Director of the Office of Personnel Management of 
such determination.
    ``(3) A determination pursuant to this subsection shall not be 
subject to judicial review.
    ``(4) The head of each agency referred to in subsection (a) shall 
submit to the Select Committee on Intelligence and the Committee on 
Veterans' Affairs of the Senate and the Permanent Select Committee on 
Intelligence and the Committee on Veterans' Affairs of the House of 
Representatives on an annual basis a report on the number of persons 
whose reemployment with the agency was determined under this subsection 
to be impossible or unreasonable during the year preceding the report, 
including the reason for each such determination.
    ``(d)(1) Except as provided in this section, nothing in this 
section, section 4313, or section 4325 shall be construed to exempt any 
agency referred to in subsection (a) from compliance with any other 
substantive provision of this chapter.
    ``(2) This section may not be construed--
            ``(A) as prohibiting an employee of an agency referred to 
        in subsection (a) from seeking information from the Secretary 
        regarding assistance in seeking reemployment from the agency 
        under this chapter, alternative employment in the Federal 
        Government under this chapter, or information relating to the 
        rights and obligations of employee and Federal agencies under 
        this chapter; or
            ``(B) as prohibiting such an agency from voluntarily 
        cooperating with or seeking assistance in or of clarification 
        from the Secretary or the Director of the Office of Personnel 
        Management of any matter arising under this chapter.
    ``(e) The Director of the Office of Personnel Management shall 
ensure the offer of employment to a person in a position in a Federal 
executive agency on the basis described in subsection (b) if--
            ``(1) the person was an employee of an agency referred to 
        in section 2302(a)(2)(C)(ii) of title 5 at the time the person 
        entered the service from which the person seeks reemployment 
        under this section;
            ``(2) the appropriate officer of the agency determines 
        under subsection (c) that reemployment of the person by the 
        agency is impossible or unreasonable; and
            ``(3) the person submits an application to the Director for 
        an offer of employment under this subsection.
``Sec. 4316. Rights, benefits, and obligations of persons absent from 
              employment for service in a uniformed service
    ``(a) A person who is reemployed under this chapter is entitled to 
the seniority and other rights and benefits determined by seniority 
that the person had on the date of the commencement of service in the 
uniformed services plus the additional seniority and rights and 
benefits that such person would have attained if the person had 
remained continuously employed.
    ``(b)(1) Subject to paragraphs (2) through (6), a person who is 
absent from a position of employment by reason of service in the 
uniformed services shall be--
            ``(A) deemed to be on furlough or leave of absence while 
        performing such service; and
            ``(B) entitled to such other rights and benefits not 
        determined by seniority as are generally provided by the 
        employer of the person to employees having similar seniority, 
        status, and pay who are on furlough or leave of absence under a 
        contract, agreement, policy, practice, or plan in effect at the 
        commencement of such service or established while such person 
        performs such service.
    ``(2)(A) Subject to subparagraph (B), a person who--
            ``(i) is absent from a position of employment by reason of 
        service in the uniformed services, and
            ``(ii) knowingly provides written notice of intent not to 
        return to a position of employment after service in the 
        uniformed service,
is not entitled to rights and benefits under paragraph (1)(B).
    ``(B) For the purposes of subparagraph (A), the employer shall have 
the burden of proving that a person knowingly provided clear written 
notice of intent not to return to a position of employment after 
service in the uniformed service and, in doing so, was aware of the 
specific rights and benefits to be lost under subparagraph (A).
    ``(3) A person deemed to be on furlough or leave of absence under 
this subsection while serving in the uniformed services shall not be 
entitled under this subsection to any benefits to which the person 
would not otherwise be entitled if the person had remained continuously 
employed.
    ``(4) Such person may be required to pay the employee cost, if any, 
of any funded benefit continued pursuant to paragraph (1) to the extent 
other employees on furlough or leave of absence are so required.
    ``(5) The entitlement of a person to coverage under a health plan 
is provided for under section 4317.
    ``(6) The entitlement of a person to a right or benefit under an 
employee pension benefit plan is provided for under section 4318.
    ``(c) A person who is reemployed by an employer under this chapter 
shall not be discharged from such employment, except for cause--
            ``(1) within one year after the date of such reemployment, 
        if the person's period of service before the reemployment was 
        more than 180 days; or
            ``(2) within 180 days after the date of such reemployment, 
        if the person's period of service before the reemployment was 
        more than 30 days but less than 181 days.
    ``(d) Any person whose employment with an employer is interrupted 
by a period of service in the uniformed services shall be permitted, 
upon request of that person, to use during such period of service any 
vacation, annual, or similar leave with pay accrued by the person 
before the commencement of such service.
``Sec. 4317. Health plans
    ``(a)(1)(A) Subject to paragraphs (2) and (3), in any case in which 
a person (or the person's dependents) has coverage under a health plan 
in connection with the person's position of employment, including a 
group health plan (as defined in section 607(1) of the Employee 
Retirement Income Security Act of 1974), and such person is absent from 
such position of employment by reason of service in the uniformed 
services, the plan shall provide that the person may elect to continue 
such coverage as provided in this subsection. The maximum period of 
coverage of a person and the person's dependents under such an election 
shall be the lesser of--
            ``(i) the 18-month period beginning on the date on which 
        the person's absence begins; or
            ``(ii) the day after the date on which the person fails to 
        apply for or return to a position of employment, as determined 
        under section 4312(e).
    ``(B) A person who elects to continue health-plan coverage under 
this paragraph may be required to pay not more than 102 percent of the 
full premium under the plan (determined in the same manner as the 
applicable premium under section 4980B(f)(4) of the Internal Revenue 
Code of 1986) associated with such coverage for the employer's other 
employees, except that in the case of a person who performs service in 
the uniformed services for less than 31 days, such person may not be 
required to pay more than the employee share, if any, for such 
coverage.
    ``(C) In the case of a health plan that is a multiemployer plan, as 
defined in section 3(37) of the Employee Retirement Income Security Act 
of 1974, any liability under the plan for employer contributions and 
benefits arising under this paragraph shall be allocated--
            ``(i) by the plan in such manner as the plan sponsor shall 
        provide; or
            ``(ii) if the sponsor does not provide--
                    ``(I) to the last employer employing the person 
                before the period served by the person in the uniformed 
                services, or
                    ``(II) if such last employer is no longer 
                functional, to the plan.
    ``(b)(1) Except as provided in paragraph (2), in the case of a 
person whose coverage under a health plan was terminated by reason of 
service in the uniformed services, an exclusion or waiting period may 
not be imposed in connection with the reinstatement of such coverage 
upon reemployment under this chapter if an exclusion or waiting period 
would not have been imposed under health plan had coverage of such 
person by such plan not been terminated as a result of such service. 
This paragraph applies to the person who is reemployed and to any 
individual who is covered by such plan by reason of the reinstatement 
of the coverage of such person.
    ``(2) Paragraph (1) shall not apply to the coverage of any illness 
or injury determined by the Secretary of Veterans Affairs to have been 
incurred in, or aggravated during, performance of service in the 
uniformed services.
``Sec. 4318. Employee pension benefit plans
    ``(a)(1)(A) Except as provided in subparagraph (B), in the case of 
a right provided pursuant to an employee pension benefit plan 
(including those described in sections 3(2) and 3(33) of the Employee 
Retirement Income Security Act of 1974) or a right provided under any 
Federal or State law governing pension benefits for governmental 
employees, the right to pension benefits of a person reemployed under 
this chapter shall be determined under this section.
    ``(B) In the case of benefits under the Thrift Savings Plan, the 
rights of a person reemployed under this chapter shall be those rights 
provided in section 8432b of title 5. The first sentence of this 
subparagraph shall not be construed to affect any other right or 
benefit under this chapter.
    ``(2)(A) A person reemployed under this chapter shall be treated as 
not having incurred a break in service with the employer or employers 
maintaining the plan by reason of such person's period or periods of 
service in the uniformed services.
    ``(B) Each period served by a person in the uniformed services 
shall, upon reemployment under this chapter, be deemed to constitute 
service with the employer or employers maintaining the plan for the 
purpose of determining the nonforfeitability of the person's accrued 
benefits and for the purpose of determining the accrual of benefits 
under the plan.
    ``(b)(1) An employer reemploying a person under this chapter shall, 
with respect to a period of service described in subsection (a)(2)(B), 
be liable to an employee pension benefit plan for funding any 
obligation of the plan to provide the benefits described in subsection 
(a)(2) and shall allocate the amount of any employer contribution for 
the person in the same manner and to the same extent the allocation 
occurs for other employees during the period of service. For purposes 
of determining the amount of such liability and any obligation of the 
plan, earnings and forfeitures shall not be included. For purposes of 
determining the amount of such liability and for purposes of section 
515 of the Employee Retirement Income Security Act of 1974 or any 
similar Federal or State law governing pension benefits for 
governmental employees, service in the uniformed services that is 
deemed under subsection (a) to be service with the employer shall be 
deemed to be service with the employer under the terms of the plan or 
any applicable collective bargaining agreement. In the case of a 
multiemployer plan, as defined in section 3(37) of the Employee 
Retirement Income Security Act of 1974, any liability of the plan 
described in this paragraph shall be allocated--
            ``(A) by the plan in such manner as the sponsor maintaining 
        the plan shall provide; or
            ``(B) if the sponsor does not provide--
                    ``(i) to the last employer employing the person 
                before the period served by the person in the uniformed 
                services, or
                    ``(ii) if such last employer is no longer 
                functional, to the plan.
    ``(2) A person reemployed under this chapter shall be entitled to 
accrued benefits pursuant to subsection (a) that are contingent on the 
making of, or derived from, employee contributions or elective 
deferrals (as defined in section 402(g)(3) of the Internal Revenue Code 
of 1986) only to the extent the person makes payment to the plan with 
respect to such contributions or deferrals. No such payment may exceed 
the amount the person would have been permitted or required to 
contribute had the person remained continuously employed by the 
employer throughout the period of service described in subsection 
(a)(2)(B). Any payment to the plan described in this paragraph shall be 
made during the period beginning with the date of reemployment and 
whose duration is three times the period of the person's service in the 
uniformed services, not to exceed five years.
    ``(3) For purposes of computing an employer's liability under 
paragraph (1) or the employee's contributions under paragraph (2), the 
employee's compensation during the period of service described in 
subsection (a)(2)(B) shall be computed--
            ``(A) at the rate the employee would have received but for 
        the period of service described in subsection (a)(2)(B), or
            ``(B) in the case that the determination of such rate is 
        not reasonably certain, on the basis of the employee's average 
        rate of compensation during the 12-month period immediately 
        preceding such period (or, if shorter, the period of employment 
        immediately preceding such period).
    ``(c) Any employer who reemploys a person under this chapter and 
who is an employer contributing to a multiemployer plan, as defined in 
section 3(37) of the Employee Retirement Income Security Act of 1974, 
under which benefits are or may be payable to such person by reason of 
the obligations set forth in this chapter, shall, within 30 days after 
the date of such reemployment, provide information, in writing, of such 
reemployment to the administrator of such plan.

     ``SUBCHAPTER III--PROCEDURES FOR ASSISTANCE, ENFORCEMENT, AND 
                             INVESTIGATION

``Sec. 4321. Assistance in obtaining reemployment or other employment 
              rights or benefits
    ``The Secretary (through the Veterans' Employment and Training 
Service) shall provide assistance to any person with respect to the 
employment and reemployment rights and benefits to which such person is 
entitled under this chapter. In providing such assistance, the 
Secretary may request the assistance of existing Federal and State 
agencies engaged in similar or related activities and utilize the 
assistance of volunteers.
``Sec. 4322. Enforcement of employment or reemployment rights
    ``(a) A person who claims that--
            ``(1) such person is entitled under this chapter to 
        employment or reemployment rights or benefits with respect to 
        employment by an employer; and
            ``(2)(A) such employer has failed or refused, or is about 
        to fail or refuse, to comply with the provisions of this 
        chapter; or
            ``(B) in the case that the employer is a Federal executive 
        agency, such employer or the Office of Personnel Management has 
        failed or refused, or is about to fail or refuse, to comply 
        with the provisions of this chapter,
may file a complaint with the Secretary in accordance with subsection 
(b), and the Secretary shall investigate such complaint.
    ``(b) Such complaint shall be in writing, be in such form as the 
Secretary may prescribe, include the name and address of the employer 
against whom the complaint is filed, and contain a summary of the 
allegations that form the basis for the complaint.
    ``(c) The Secretary shall, upon request, provide technical 
assistance to a potential claimant with respect to a complaint under 
this subsection, and when appropriate, to such claimant's employer.
    ``(d) The Secretary shall investigate each complaint submitted 
pursuant to subsection (a). If the Secretary determines as a result of 
the investigation that the action alleged in such complaint occurred, 
the Secretary shall resolve the complaint by making reasonable efforts 
to ensure that the person or entity named in the complaint complies 
with the provisions of this chapter.
    ``(e) If the efforts of the Secretary with respect to a complaint 
under subsection (d) are unsuccessful, the Secretary shall notify the 
person who submitted the complaint of--
            ``(1) the results of the Secretary's investigation; and
            ``(2) the complainant's entitlement to proceed under the 
        enforcement of rights provisions provided under section 4323 
        (in the case of a person submitting a complaint against a State 
        or private employer) or section 4324 (in the case of a person 
        submitting a complaint against a Federal executive agency).
    ``(f) This subchapter does not apply to any action relating to 
benefits to be provided under the Thrift Savings Plan under title 5.
``Sec. 4323. Enforcement of rights with respect to a State or private 
              employer
    ``(a)(1) A person who receives from the Secretary a notification 
pursuant to section 4322(e) of an unsuccessful effort to resolve a 
complaint relating to a State (as an employer) or a private employer 
may request that the Secretary refer the complaint to the Attorney 
General. If the Attorney General is reasonably satisfied that the 
person on whose behalf the complaint is referred is entitled to the 
rights or benefits sought, the Attorney General may appear on behalf 
of, and act as attorney for, the person on whose behalf the complaint 
is submitted and commence an action for appropriate relief for such 
person in an appropriate United States district court.
    ``(2) A person may commence an action for relief with respect to a 
complaint if that person--
            ``(A) has chosen not to apply to the Secretary for 
        assistance regarding the complaint under section 4322(c);
            ``(B) has chosen not to request that the Secretary refer 
        the complaint to the Attorney General under paragraph (1); or
            ``(C) has been refused representation by the Attorney 
        General with respect to the complaint under such paragraph.
    ``(b) In the case of an action against a State as an employer, the 
appropriate district court is the court for any district in which the 
State exercises any authority or carries out any function. In the case 
of a private employer the appropriate district court is the district 
court for any district in which the private employer of the person 
maintains a place of business.
    ``(c)(1)(A) The district courts of the United States shall have 
jurisdiction, upon the filing of a complaint, motion, petition, or 
other appropriate pleading by or on behalf of the person claiming a 
right or benefit under this chapter--
            ``(i) to require the employer to comply with the provisions 
        of this chapter;
            ``(ii) to require the employer to compensate the person for 
        any loss of wages or benefits suffered by reason of such 
        employer's failure to comply with the provisions of this 
        chapter; and
            ``(iii) to require the employer to pay the person an amount 
        equal to the amount referred to in clause (ii) as liquidated 
        damages, if the court determines that the employer's failure to 
        comply with the provisions of this chapter was willful.
    ``(B) Any compensation under clauses (ii) and (iii) of subparagraph 
(A) shall be in addition to, and shall not diminish, any of the other 
rights and benefits provided for in this chapter.
    ``(2)(A) No fees or court costs shall be charged or taxed against 
any person claiming rights under this chapter.
    ``(B) In any action or proceeding to enforce a provision of this 
chapter by a person under subsection (a)(2) who obtained private 
counsel for such action or proceeding, the court may award any such 
person who prevails in such action or proceeding reasonable attorney 
fees, expert witness fees, and other litigation expenses.
    ``(3) The court may use its full equity powers, including temporary 
or permanent injunctions, temporary restraining orders, and contempt 
orders, to vindicate fully the rights or benefits of persons under this 
chapter.
    ``(4) An action under this chapter may be initiated only by a 
person claiming rights or benefits under this chapter, not by an 
employer, prospective employer, or other entity with obligations under 
this chapter.
    ``(5) In any such action, only an employer or a potential employer, 
as the case may be, shall be a necessary party respondent.
    ``(6) No State statute of limitations shall apply to any proceeding 
under this chapter.
    ``(7) A State shall be subject to the same remedies, including 
prejudgment interest, as may be imposed upon any private employer under 
this section.
``Sec. 4324. Enforcement of rights with respect to Federal executive 
              agencies
    ``(a)(1) A person who receives from the Secretary a notification 
pursuant to section 4322(e) of an unsuccessful effort to resolve a 
complaint relating to a Federal executive agency may request that the 
Secretary refer the complaint for litigation before the Merit Systems 
Protection Board. The Secretary shall refer the complaint to the Office 
of Special Counsel established by section 1211 of title 5.
    ``(2)(A) If the Special Counsel is reasonably satisfied that the 
person on whose behalf a complaint is referred under paragraph (1) is 
entitled to the rights or benefits sought, the Special Counsel (upon 
the request of the person submitting the complaint) may appear on 
behalf of, and act as attorney for, the person and initiate an action 
regarding such complaint before the Merit Systems Protection Board.
    ``(B) If the Special Counsel declines to initiate an action and 
represent a person before the Merit Systems Protection Board under 
subparagraph (A), the Special Counsel shall notify such person of that 
decision.
    ``(b) A person may submit a complaint against a Federal executive 
agency under this subchapter directly to the Merit Systems Protection 
Board if that person--
            ``(1) has chosen not to apply to the Secretary for 
        assistance regarding a complaint under section 4322(c);
            ``(2) has received a notification from the Secretary under 
        section 4322(e);
            ``(3) has chosen not to be represented before the Board by 
        the Special Counsel pursuant to subsection (a)(2)(A); or
            ``(4) has received a notification of a decision from the 
        Special Counsel under subsection (a)(2)(B).
    ``(c)(1) The Merit Systems Protection Board shall adjudicate any 
complaint brought before the Board pursuant to subsection (a)(2)(A) or 
(b). A person who seeks a hearing or adjudication by submitting such a 
complaint under this paragraph may be represented at such hearing or 
adjudication in accordance with the rules of the Board.
    ``(2) If the Board determines that a Federal executive agency has 
not complied with the provisions of this chapter relating to the 
employment or reemployment of a person by the agency, the Board shall 
enter an order requiring the agency or employee to comply with such 
provisions and to compensate such person for any loss of wages or 
benefits suffered by such person by reason of such lack of compliance.
    ``(3) Any compensation received by a person pursuant to an order 
under paragraph (2) shall be in addition to any other right or benefit 
provided for by this chapter and shall not diminish any such right or 
benefit.
    ``(4) If the Board determines as a result of a hearing or 
adjudication conducted pursuant to a complaint submitted by a person 
directly to the Board pursuant to subsection (b) that such person is 
entitled to an order referred to in paragraph (2), the Board may, in 
its discretion, award such person reasonable attorney fees, expert 
witness fees, and other litigation expenses.
    ``(d)(1) A person adversely affected or aggrieved by a final order 
or decision of the Merit Systems Protection Board under subsection (c) 
may petition the United States Court of Appeals for the Federal Circuit 
to review the final order or decision. Such petition and review shall 
be in accordance with the procedures set forth in section 7703 of title 
5.
    ``(2) Such person may be represented in the Federal Circuit 
proceeding by the Special Counsel unless the person was not represented 
by the Special Counsel before the Merit Systems Protection Board 
regarding such order or decision.
``Sec. 4325. Enforcement of rights with respect to certain Federal 
              agencies
    ``(a) This section applies to any person who alleges that--
            ``(1) the reemployment of such person by an agency referred 
        to in subsection (a) of section 4315 was not in accordance with 
        procedures for the reemployment of such person under subsection 
        (b) of such section; or
            ``(2) the failure of such agency to reemploy the person 
        under such section was otherwise wrongful.
    ``(b) Any person referred to in subsection (a) may submit a claim 
relating to an allegation referred to in that subsection to the 
inspector general of the agency which is the subject of the allegation. 
The inspector general shall investigate and resolve the allegation 
pursuant to procedures prescribed by the head of the agency.
    ``(c) In prescribing procedures for the investigation and 
resolution of allegations under subsection (b), the head of an agency 
shall ensure, to the maximum extent practicable, that the procedures 
are similar to the procedures for investigating and resolving 
complaints utilized by the Secretary under section 4322(d).
    ``(d) This section may not be construed--
            ``(1) as prohibiting an employee of an agency referred to 
        in subsection (a) from seeking information from the Secretary 
        regarding assistance in seeking reemployment from the agency 
        under this chapter, alternative employment in the Federal 
        Government under this chapter, or information relating to the 
        rights and obligations of employee and Federal agencies under 
        this chapter; or
            ``(2) as prohibiting such an agency from voluntarily 
        cooperating with or seeking assistance in or of clarification 
        from the Secretary or the Director of the Office of Personnel 
        Management of any matter arising under this chapter.
``Sec. 4326. Conduct of investigation; subpoenas
    ``(a) In carrying out any investigation under this chapter, the 
Secretary's duly authorized representatives shall, at all reasonable 
times, have reasonable access to, for purposes of examination, and the 
right to copy and receive, any documents of any person or employer that 
the Secretary considers relevant to the investigation.
    ``(b) In carrying out any investigation under this chapter, the 
Secretary may require by subpoena the attendance and testimony of 
witnesses and the production of documents relating to any matter under 
investigation. In case of disobedience of the subpoena or contumacy and 
on request of the Secretary, the Attorney General may apply to any 
district court of the United States in whose jurisdiction such 
disobedience or contumacy occurs for an order enforcing the subpoena.
    ``(c) Upon application, the district courts of the United States 
shall have jurisdiction to issue writs commanding any person or 
employer to comply with the subpoena of the Secretary or to comply with 
any order of the Secretary made pursuant to a lawful investigation 
under this chapter and the district courts shall have jurisdiction to 
punish failure to obey a subpoena or other lawful order of the 
Secretary as a contempt of court.
    ``(d) Subsections (b) and (c) shall not apply to the legislative 
branch or the judicial branch of the United States.

               ``SUBCHAPTER IV--MISCELLANEOUS PROVISIONS

``Sec. 4331. Regulations
    ``(a) The Secretary (in consultation with the Secretary of Defense) 
may prescribe regulations implementing the provisions of this chapter 
with regard to the application of this chapter to States, local 
governments, and private employers.
    ``(b)(1) The Director of the Office of Personnel Management (in 
consultation with the Secretary and the Secretary of Defense) may 
prescribe regulations implementing the provisions of this chapter with 
regard to the application of this chapter to Federal executive agencies 
(other than the agencies referred to in paragraph (2)) as employers. 
Such regulations shall be consistent with the regulations pertaining to 
the States as employers and private employers, except that employees of 
the Federal Government may be given greater or additional rights.
    ``(2) The following entities may prescribe regulations to carry out 
the activities of such entities under this chapter:
            ``(A) The Merit Systems Protection Board.
            ``(B) The Office of Special Counsel.
            ``(C) The agencies referred to in section 2303(a)(2)(C)(ii) 
        of title 5.
``Sec. 4332. Reports
    ``The Secretary shall, after consultation with the Attorney General 
and the Special Counsel referred to in section 4324(a)(1) and no later 
than February 1, 1996, and annually thereafter through 2000, transmit 
to the Congress, a report containing the following matters for the 
fiscal year ending before such February 1:
            ``(1) The number of cases reviewed by the Department of 
        Labor under this chapter during the fiscal year for which the 
        report is made.
            ``(2) The number of cases referred to the Attorney General 
        or the Special Counsel pursuant to section 4323 or 4324, 
        respectively, during such fiscal year.
            ``(3) The number of complaints filed by the Attorney 
        General pursuant to section 4323 during such fiscal year.
            ``(4) The nature and status of each case reported on 
        pursuant to paragraph (1), (2), or (3).
            ``(5) An indication of whether there are any apparent 
        patterns of violation of the provisions of this chapter, 
        together with an explanation thereof.
            ``(6) Recommendations for administrative or legislative 
        action that the Secretary, the Attorney General, or the Special 
        Counsel considers necessary for the effective implementation of 
        this chapter, including any action that could be taken to 
        encourage mediation, before claims are filed under this 
        chapter, between employers and persons seeking employment or 
        reemployment.
``Sec.  4333. Outreach
    ``The Secretary, the Secretary of Defense, and the Secretary of 
Veterans Affairs shall take such actions as such Secretaries determine 
are appropriate to inform persons entitled to rights and benefits under 
this chapter and employers of the rights, benefits, and obligations of 
such persons and such employers under this chapter.''.
    (b) Conforming Amendments.--
            (1) Amendments to title 38.--The tables of chapters at the 
        beginning of title 38, United States Code, and the beginning of 
        part III of such title are each amended by striking out the 
        item relating to chapter 43 and inserting in lieu thereof the 
        following:

``43. Employment and reemployment rights of members of the      4301''.
    uniformed services.
            (2) Amendment to title 5.--(A) Section 1204(a)(1) of title 
        5, United States Code, is amended by striking out ``section 
        4323'' and inserting in lieu thereof ``chapter 43''.
            (B) Subchapter II of chapter 35 of such title is repealed.
            (C) The table of sections for chapter 35 of such title is 
        amended by striking out the heading relating to subchapter II 
        of such chapter and the item relating to section 3551 of such 
        chapter.
            (3) Amendment to title 10.--Section 706(c)(1) of title 10, 
        United States Code, is amended by striking out ``section 4321'' 
        and inserting in lieu thereof ``chapter 43''.
    (c) Amendments to Title 28.--Section 631 of title 28, United States 
Code, is amended--
            (1) by striking out subsection (j);
            (2) by redesignating subsections (k) and (l) as subsections 
        (j) and (k), respectively; and
            (3) in subsection (j), as redesignated by paragraph (2), by 
        striking out ``under the terms of'' and all that follows 
        through ``section,'' the first place it appears and inserting 
        in lieu thereof ``under chapter 43 of title 38,''.

SEC. 3. EXEMPTION FROM MINIMUM SERVICE REQUIREMENTS.

    Section 5303A(b)(3) of title 38, United States Code, is amended--
            (1) by striking out ``or'' at the end of subparagraph (E);
            (2) by striking out the period at the end of subparagraph 
        (F) and inserting in lieu thereof ``; or''; and
            (3) by adding at the end thereof the following new 
        subparagraph:
            ``(G) to benefits under chapter 43 of this title.''.

SEC. 4. THRIFT SAVINGS PLAN.

    (a) In General.--(1) Title 5, United States Code, is amended by 
inserting after section 8432a the following:
``Sec. 8432b. Contributions of persons who perform military service
    ``(a) This section applies to any employee who--
            ``(1) separates or enters leave-without-pay status in order 
        to perform military service; and
            ``(2) is subsequently restored to or reemployed in a 
        position which is subject to this chapter, pursuant to chapter 
        43 of title 38.
    ``(b)(1) Each employee to whom this section applies may contribute 
to the Thrift Savings Fund, in accordance with this subsection, an 
amount not to exceed the amount described in paragraph (2).
    ``(2) The maximum amount which an employee may contribute under 
this subsection is equal to--
            ``(A) the contributions under section 8432(a) which would 
        have been made, over the period beginning on date of separation 
        or commencement of leave-without-pay status (as applicable) and 
        ending on the day before the date of restoration or 
        reemployment (as applicable); reduced by
            ``(B) any contributions under section 8432(a) actually made 
        by such employee over the period described in subparagraph (A).
    ``(3) Contributions under this subsection--
            ``(A) shall be made at the same time and in the same manner 
        as would any contributions under section 8432(a);
            ``(B) shall be made over the period of time specified by 
        the employee under paragraph (4)(B); and
            ``(C) shall be in addition to any contributions then 
        actually being made under section 8432(a).
    ``(4) The Executive Director shall prescribe the time, form, and 
manner in which an employee may specify--
            ``(A) the total amount such employee wishes to contribute 
        under this subsection with respect to any particular period 
        referred to in paragraph (2)(B); and
            ``(B) the period of time over which the employee wishes to 
        make contributions under this subsection.
The employing agency may place a maximum limit on the period of time 
referred to in subparagraph (B), which cannot be shorter than two times 
the period referred to in paragraph (2)(B) and not longer than four 
times such period.
    ``(c) If an employee makes contributions under subsection (b), the 
employing agency shall make contributions to the Thrift Savings Fund on 
such employee's behalf--
            ``(1) in the same manner as would be required under section 
        8432(c)(2) if the employee contributions were being made under 
        section 8432(a); and
            ``(2) disregarding any contributions then actually being 
        made under section 8432(a) and any agency contributions 
        relating thereto.
    ``(d) An employee to whom this section applies is entitled to have 
contributed to the Thrift Savings Fund on such employee's behalf an 
amount equal to--
            ``(1) 1 percent of such employee's basic pay (as determined 
        under subsection (e)) for the period referred to in subsection 
        (b)(2)(B); reduced by
            ``(2) any contributions actually made on such employee's 
        behalf under section 8432(c)(1) with respect to the period 
        referred to in subsection (b)(2)(B).
    ``(e) For purposes of any computation under this section, an 
employee shall, with respect to the period referred to in subsection 
(b)(2)(B), be considered to have been paid at the rate which would have 
been payable over such period had such employee remained continuously 
employed in the position which such employee last held before 
separating or entering leave-without-pay status to perform military 
service.
    ``(f)(1) The employing agency may be required to pay lost earnings 
on contributions made pursuant to subsections (c) and (d). Such 
earnings, if required, shall be calculated retroactively to the date 
the contribution would have been made had the employee not separated or 
entered leave without pay status to perform military service.
    ``(2) Procedures for calculating and crediting the earnings payable 
pursuant to paragraph (1) shall be prescribed by the Executive 
Director.
    ``(g) Amounts paid under subsection (c), (d), or (f) shall be 
paid--
            ``(1) by the agency to which the employee is restored or in 
        which such employee is reemployed;
            ``(2) from the same source as would be the case under 
        section 8432(e) with respect to sums required under section 
        8432(c); and
            ``(3) within the time prescribed by the Executive Director.
    ``(h)(1) For purposes of section 8432(g), in the case of an 
employee to whom this section applies--
            ``(A) a separation from civilian service in order to 
        perform the military service on which the employee's 
        restoration or reemployment rights are based shall be 
        disregarded; and
            ``(B) such employee shall be credited with a period of 
        civilian service equal to the period referred to in subsection 
        (b)(2)(B).
    ``(2)(A) An employee to whom this section applies may elect, for 
purposes of section 8433(d), or paragraph (1) or (2) of section 
8433(h), as the case may be, to have such employee's separation 
(described in subsection (a)(1)) treated as if it had never occurred.
    ``(B) An election under this paragraph shall be made within such 
period of time after restoration or reemployment (as the case may be) 
and otherwise in such manner as the Executive Director prescribes.
    ``(i) The Executive Director shall prescribe regulations to carry 
out this section.''.
    (2) The table of sections for chapter 84 of title 5, United States 
Code, is amended by inserting after the item relating to section 8432a 
the following:

``8432b. Contributions of persons who perform military service.''.
    (b) Preservation of Certain Rights.--(1) Section 8433(d) of title 
5, United States Code, is amended by striking ``subsection (e).'' and 
inserting ``subsection (e), unless an election under section 
8432b(h)(2) is made to treat such separation for purposes of this 
subsection as if it had never occurred.''.
    (2) Paragraphs (1) and (2) of section 8433(h) are each amended by 
striking the period at the end and inserting ``, or unless an election 
under section 8432b(h)(2) is made to treat such separation for purposes 
of this paragraph as if it had never occurred.''.
    (c) Election To Resume Regular Contributions Upon Restoration or 
Reemployment.--Section 8432 of title 5, United States Code, is amended 
by adding at the end the following:
    ``(i)(1) This subsection applies to any employee--
            ``(A) to whom section 8432b applies; and
            ``(B) who, during the period of such employee's absence 
        from civilian service (as referred to in section 
        8432b(b)(2)(B))--
                    ``(i) is eligible to make an election described in 
                subsection (b)(1); or
                    ``(ii) would be so eligible but for having either 
                elected to terminate individual contributions to the 
                Thrift Savings Fund within 2 months before commencing 
                military service or separated in order to perform 
                military service.
    ``(2) The Executive Director shall prescribe regulations to ensure 
that any employee to whom this subsection applies shall, within a 
reasonable time after being restored or reemployed (in the manner 
described in section 8432b(a)(2)), be afforded the opportunity to make, 
for purposes of this section, any election which would be allowable 
during a period described in subsection (b)(1)(A).''.
    (d) Applicability to Employees Under CSRS.--Section 8351(b) of 
title 5, United States Code, is amended by adding at the end the 
following:
    ``(11) In applying section 8432b to an employee contributing to the 
Thrift Savings Fund after being restored to or reemployed in a position 
subject to this subchapter, pursuant to chapter 43 of title 38--
            ``(A) any reference in such section to contributions under 
        section 8432(a) shall be considered a reference to employee 
        contributions under this section;
            ``(B) the contribution rate under section 8432b(b)(2)(A) 
        shall be the maximum percentage allowable under subsection 
        (b)(2) of this section; and
            ``(C) subsections (c) and (d) of section 8432b shall be 
        disregarded.''.
    (e) Effective Date; Applicability.--This section and the amendments 
made by this section--
            (1) shall take effect on the date of enactment of this Act; 
        and
            (2) shall apply to any employee whose release from military 
        service, discharge from hospitalization, or other similar event 
        making the individual eligible to seek restoration or 
        reemployment under chapter 43 of title 38, United States Code, 
        occurs on or after August 2, 1990.
    (f) Rules for Applying Amendments to Employees Restored or 
Reemployed Before Effective Date.--In the case of any employee 
(described in subsection (e)(2)) who is reemployed or restored (in the 
circumstances described in section 8432b(a) of title 5, United States 
Code, as amended by this section) before the date of enactment of this 
Act, the amendments made by this section shall apply to such employee, 
in accordance with their terms, subject to the following:
            (1) The employee shall be deemed not to have been 
        reemployed or restored until--
                    (A) the date of enactment of this Act, or
                    (B) the first day following such employee's 
                reemployment or restoration on which such employee is 
                or was eligible to make an election relating to 
                contributions to the Thrift Savings Fund,
        whichever occurs or occurred first.
            (2) If the employee changed agencies during the period 
        between date of actual reemployment or restoration and the date 
        of enactment of this Act, the employing agency as of such date 
        of enactment shall be considered the reemploying or restoring 
        agency.
            (3)(A) For purposes of any computation under section 8432b 
        of such title, pay shall be determined in accordance with 
        subsection (e) of such section, except that, with respect to 
        the period described in subparagraph (B), actual pay 
        attributable to such period shall be used.
            (B) The period described in this subparagraph is the period 
        beginning on the first day of the first applicable pay period 
        beginning on or after the date of the employee's actual 
        reemployment or restoration and ending on the day before the 
        date determined under paragraph (1).
            (4) Deem section 8432b(b)(2)(A) of such title to be amended 
        by striking ``ending on the day before the date of restoration 
        or reemployment (as applicable)'' and inserting ``ending on the 
        date determined under section 4(f)(1) of the Uniformed Services 
        Employment and Reemployment Rights Act of 1994''.

SEC. 5. REVISION OF FEDERAL CIVIL SERVICE RETIREMENT BENEFIT PROGRAM 
              FOR RESERVISTS.

    (a) Creditable Military Service Under CSRS.--Section 8331(13) of 
title 5, United States Code, is amended in the flush matter by 
inserting ``or full-time National Guard duty (as such term is defined 
in section 101(d) of title 10) if such service interrupts creditable 
civilian service under this subchapter and is followed by reemployment 
in accordance with chapter 43 of title 38 that occurs on or after 
August 1, 1990'' before the semicolon.
    (b) Pay Deductions for Military Service Under CSRS.--Section 
8334(j) of such title is amended--
            (1) in paragraph (1)--
                    (A) by striking ``Each employee'' and inserting 
                ``(A) Except as provided in subparagraph (B), each 
                employee''; and
                    (B) by adding at the end the following:
            ``(B) In any case where military service interrupts 
        creditable civilian service under this subchapter and 
        reemployment pursuant to chapter 43 of title 38 occurs on or 
        after August 1, 1990, the deposit payable under this paragraph 
        may not exceed the amount that would have been deducted and 
        withheld under subsection (a)(1) from basic pay during civilian 
        service if the employee had not performed the period of 
        military service.''; and
            (2) in paragraph (2), immediately before the comma at the 
        end of subparagraph (B), by inserting ``following the period of 
        military service for which such deposit is due''.
    (c) Creditable Military Service Under FERS.--Section 8401(31) of 
such title is amended in the flush matter by inserting ``or full-time 
National Guard duty (as such term is defined in section 101(d) of title 
10) if such service interrupts creditable civilian service under this 
subchapter and is followed by reemployment in accordance with chapter 
43 of title 38 that occurs on or after August 1, 1990'' before the 
semicolon.
    (d) Pay Deductions for Military Service Under FERS.--Section 
8422(e) of such title is amended--
            (1) in paragraph (1)--
                    (A) by striking ``Each employee'' and inserting 
                ``(A) Except as provided in subparagraph (B), each 
                employee''; and
                    (B) by adding at the end the following:
            ``(B) In any case where military service interrupts 
        creditable civilian service under this subchapter and 
        reemployment pursuant to chapter 43 of title 38 occurs on or 
        after August 1, 1990, the deposit payable under this paragraph 
        may not exceed the amount that would have been deducted and 
        withheld under subsection (a)(1) from basic pay during civilian 
        service if the employee had not performed the period of 
        military service.''; and
            (2) in paragraph (2), immediately before the comma at the 
        end of subparagraph (B), by inserting ``following the period of 
        military service for which such deposit is due''.
    (e) Technical Amendments.--Title 5, United States Code, is amended 
as follows:
            (1) In section 8401(11), by striking out ``1954'' in the 
        flush matter above clause (i) and inserting in lieu thereof 
        ``1986''.
            (2) In section 8422(a)(2)(A)(ii), by striking out ``1954'' 
        and inserting in lieu thereof ``1986''.
            (3) In section 8432(d), by striking out ``1954'' in the 
        first sentence and inserting in lieu thereof ``1986''.
            (4) In section 8433(i)(4), by striking out ``1954'' and 
        inserting in lieu thereof ``1986''.
            (5) In section 8440--
                    (A) by striking out ``1954'' in subsection (a) and 
                inserting in lieu thereof ``1986''; and
                    (B) by striking out ``1954'' in subsection (c) and 
                inserting in lieu thereof ``1986''.

SEC. 6. TECHNICAL AMENDMENT.

    (a) Technical Amendment.--Section 9(d) of Public Law 102-16 (105 
Stat. 55) is amended by striking out ``Act'' the first place it appears 
and inserting in lieu thereof ``section''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect as if included in Public Law 102-16 to which such amendment 
relates.

SEC. 7. INCREASE IN AMOUNT OF LOAN GUARANTY FOR LOANS FOR THE PURCHASE 
              OR CONSTRUCTION OF HOMES.

    Subparagraphs (A)(i)(IV) and (B) of section 3703(a)(1) of title 38, 
United States Code, are each amended by striking out ``$46,000'' and 
inserting in lieu thereof ``$50,750''.

SEC. 8. TRANSITION RULES AND EFFECTIVE DATES.

    (a) Reemployment.--(1) Except as otherwise provided in this Act, 
the amendments made by this Act shall be effective with respect to 
reemployments initiated on or after the first day after the 60-day 
period beginning on the date of enactment of this Act.
    (2) The provisions of chapter 43 of title 38, United States Code, 
in effect on the day before such date of enactment, shall continue to 
apply to reemployments initiated before the end of such 60-day period.
    (3) In determining the number of years of service that may not be 
exceeded in an employee-employer relationship with respect to which a 
person seeks reemployment under chapter 43 of title 38, United States 
Code, as in effect before or after the date of enactment of this Act, 
there shall be included all years of service without regard to whether 
the periods of service occurred before or after such date of enactment 
unless the period of service is exempted by the chapter 43 that is 
applicable, as provided in paragraphs (1) and (2), to the reemployment 
concerned.
    (4) A person who initiates reemployment under chapter 43 of title 
38, United States Code, during or after the 60-day period beginning on 
the date of enactment of this Act and whose reemployment is made in 
connection with a period of service in the uniformed services that was 
initiated before the end of such period shall be deemed to have 
satisfied the notification requirement of section 4312(a)(1) of title 
38, United States Code, as provided in the amendments made by this Act, 
if the person complied with any applicable notice requirement under 
chapter 43, United States Code, as in effect on the day before the date 
of enactment of this Act.
    (b) Discrimination.--The provisions of section 4311 of title 38, 
United States Code, as provided in the amendments made by this Act, and 
the provisions of subchapter III of chapter 43 of such title, as 
provided in the amendments made by this Act, that are necessary for the 
implementation of such section 4311 shall become effective on the date 
of enactment of this Act.
    (c) Insurance.--(1) The provisions of section 4316 of title 38, 
United States Code, as provided in the amendments made by this Act, 
concerning insurance coverage (other than health) shall become 
effective with respect to furloughs or leaves of absence initiated on 
or after the date of enactment of this Act.
    (2) With respect to the provisions of section 4317 of title 38, 
United States Code, as provided in the amendments made by this Act, a 
person on active duty on the date of enactment of this Act, or a family 
member or personal representative of such person, may, after the date 
of enactment of this Act, elect to reinstate or continue a health plan 
as provided in such section 4317. If such an election is made, the 
health plan shall remain in effect for the remaining portion of the 18-
month period that began on the date of such person's separation from 
civilian employment or the period of the person's service in the 
uniformed service, whichever is the period of lesser duration.
    (d) Disability.--(1) Section 4313(a)(3) of chapter 43 of title 38, 
United States Code, as provided in the amendments made by this Act, 
shall apply to reemployments initiated on or after August 1, 1990.
    (2) Effective as of August 1, 1990, section 4307 of title 38, 
United States Code (as in effect on the date of enactment of this Act), 
is repealed, and the table of sections at the beginning of chapter 43 
of such title (as in effect on the date of enactment of this Act) is 
amended by striking out the item relating to section 4307.
    (e) Investigations and Subpoenas.--The provisions of section 4326 
of title 38, United States Code, as provided in the amendments made by 
this Act, shall become effective on the date of the enactment of this 
Act and apply to any matter pending with the Secretary of Labor under 
section 4305 of title 38, United States Code, as of that date.
    (f) Previous Actions.--Except as otherwise provided, the amendments 
made by this Act do not affect reemployments that were initiated, 
rights, benefits, and duties that matured, penalties that were 
incurred, and proceedings that begin before the end of the 60-day 
period referred to in subsection (a).
    (g) Rights and Benefits Relative to Notice of Intent Not To 
Return.--Section 4316(b)(2) of title 38, United States Code, as added 
by the amendments made by this Act, applies only to the rights and 
benefits provided in section 4316(b)(1)(B) and does not apply to any 
other right or benefit of a person under chapter 43 of title 38, United 
States Code. Such section shall apply only to persons who leave a 
position of employment for service in the uniformed services more than 
60 days after the date of enactment of this Act.
    (h) Employer Pension Benefit Plans.--(1) Nothing in this Act shall 
be construed to relieve an employer of an obligation to provide 
contributions to a pension plan (or provide pension benefits), or to 
relieve the obligation of a pension plan to provide pension benefits, 
which is required by the provisions of chapter 43 of title 38, United 
States Code, in effect on the day before this Act takes effect.
    (2) If any employee pension benefit plan is not in compliance with 
section 4318 of such title or paragraph (1) of this subsection on the 
date of enactment of this Act, such plan shall have two years to come 
into compliance with such section and paragraph.
    (i) Definition.--For the purposes of this section, the term 
``service in the uniformed services'' shall have the meaning given such 
term in section 4303(13) of title 38, United States Code, as provided 
in the amendments made by this Act.
            Attest:

                                                                 Clerk.
103d CONGRESS

  2d Session

                               H. R. 995

_______________________________________________________________________

                               AMENDMENT

                                   TO

                            SENATE AMENDMENT
```