membership, application for membership, service,
application for service, or obligation for service; or
‘‘(2) under subsection (b), if the person’s (A)
action to enforce a protection afforded any person
under this chapter, (B) testimony or making of a
statement in or in connection with any proceeding
under this chapter, (C) assistance or other participa-
tion in an investigation under this chapter, or (D)
exercise of a right provided for in this chapter, 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 person’s enforce-
ment action, testimony, statement, assistance, par-
ticipation, or exercise of a right.
‘‘(d) The prohibitions in subsections (a) and (b) shall
apply to any position of employment, including a position
that is described in section 4312(d)(1)(C).’’.
SEC. 304. REEMPLOYMENT RIGHTS OF PERSONS WHO
SERVE IN THE UNIFORMED SERVICES.
(a) INCLUSION OF PREPARATION AND TRAVEL TIME
PRIOR
TO SERVICE.—Section 4312(a) is amended by
striking out ‘‘who is absent from a position of employ-
ment’’ and inserting in lieu thereof ‘‘whose absence from
a position of employment is necessitated’’.
(b) LIMITATION ON SERVICE EXEMPTION TO WAR OR
NATIONAL
EMERGENCY.—Section 
4312(c)(4)(B) 
is
amended to read as follows:
‘‘(B) ordered to or retained on active duty
(other than for training) under any provision of
law because of a war or because of a national
emergency declared by the President or the
Congress as determined by the Secretary con-
cerned;’’.
(c) BRIEF, NONRECURRENT PERIODS OF SERVICE.—
Section 4312(d)(2)(C) is amended by striking out ‘‘is brief
or for a nonrecurrent period and without a reasonable ex-
pectation’’ and inserting in lieu thereof ‘‘is for a brief,
nonrecurrent period and there is no reasonable expecta-
tion’’.
(d) 
CONFORMING
AMENDMENTS
TO
REDESIGNATIONS
IN
TITLE
10.—Section 4312(c) is
amended—
(1) in paragraph (3), by striking out ‘‘section
270’’ and inserting in lieu thereof ‘‘section 10147’’;
and
(2) in paragraph (4)—
(A) by striking out ‘‘section 672(a),
672(g), 673, 673b, 673c, or 688’’ in subpara-
graph (A) and inserting in lieu thereof ‘‘section
688, 12301(a), 12301(g), 12302, 12304, or
12305’’;
(B) by striking out ‘‘section 673b’’ in sub-
paragraph (C) and inserting in lieu thereof
‘‘section 12304’’; and
(C) by striking out ‘‘section 3500 or 8500’’
in subparagraph (E) and inserting in lieu there-
of ‘‘section 12406’’.
SEC. 305. REEMPLOYMENT POSITIONS.
Section 4313(a)(4) is amended—
(1) by striking out ‘‘uniform services’’ in clause
(A)(ii) and inserting in lieu thereof ‘‘uniformed serv-
ices’’; and
(2) by striking out ‘‘of lesser status and pay
which’’ and inserting in lieu thereof ‘‘which is the
nearest approximation to a position referred to first
in clause (A)(i) and then in clause (A)(ii) which’’.
SEC. 306. LEAVE.
Section 4316(d) is amended by adding at the end the
following new sentence: ‘‘No employer may require any
such person to use vacation, annual or similar leave during
such period of service.’’.
SEC. 307. HEALTH PLANS.
Section 4317(a) is amended—
(1) by striking out ‘‘(a)(1)(A) subject to para-
graphs (2) and (3), in’’ and inserting in lieu thereof
‘‘(a)(1) In’’;
(2) by redesignating clauses (i) and (ii) of para-
graph (1) (as amended by paragraph (1) of this sec-
tion) as subparagraphs (A) and (B), respectively;
(3) by redesignating subparagraph (B) as para-
graph (2); and
(4) by redesignating subparagraph (C) as para-
graph (3), and in that paragraph by redesignating
clauses (i) and (ii) as subparagraphs (A) and (B),
and by redesignating subclauses (I) and (II) as
clauses (i) and (ii), respectively.
SEC. 308. EMPLOYEE PENSION BENEFIT PLANS.
The last sentence of section 4318(b)(2) is amended
by striking out ‘‘services,’’ and inserting in lieu thereof
‘‘services, such payment period’’.
SEC. 309. ENFORCEMENT OF EMPLOYMENT OR REEMPLOY-
MENT RIGHTS.
(a) TECHNICAL AMENDMENT.—The second sentence
of section 4322(d) is amended by inserting ‘‘attempt to’’
before ‘‘resolve’’.
(b) NOTIFICATION.—Section 4322(e) of is amend-
ed—
(1) in the matter preceding paragraph (1), by
striking out ‘‘with respect to a complaint under sub-
section (d) are unsuccessful,’’ and inserting in lieu
thereof ‘‘with respect to any complaint filed under
subsection (a) do not resolve the complaint,’’; and
(2) in paragraph (2), by inserting ‘‘or the Of-
fice of Personnel Management’’ after ‘‘Federal exec-
utive agency’’.
SEC. 310. ENFORCEMENT OF RIGHTS WITH RESPECT TO A
STATE OR PRIVATE EMPLOYER.
Section 4323(a) is amended—
(1) in paragraph (1), by striking out ‘‘of an un-
successful effort to resolve a complaint’’; and
(2) in paragraph (2)(A), by striking out ‘‘re-
garding the complaint under section 4322(c)’’ and
inserting in lieu thereof ‘‘under section 4322(a)’’.
SEC. 311. ENFORCEMENT OF RIGHTS WITH RESPECT TO
FEDERAL EXECUTIVE AGENCIES.
(a) REFERRAL.—Section 4324(a)(1) is amended by
striking out ‘‘of an unsuccessful effort to resolve a com-
plaint relating to a Federal executive agency’’.
(b) ALTERNATIVE SUBMISSION
OF COMPLAINT.—
Section 4324(b) is amended—
(1) in the matter preceding paragraph (1), by
inserting ‘‘or the Office of Personnel Management’’
after ‘‘Federal executive agency’’; and
(2) in paragraph (1), by striking out ‘‘regarding
a complaint under section 4322(c)’’ and inserting in
lieu thereof ‘‘under section 4322(a)’’.
(c) RELIEF.—Section 4324(c)(2) is amended—
(1) by inserting ‘‘or the Office of Personnel
Management’’ after ‘‘Federal executive agency’’; and
(2) by striking out ‘‘employee’’ and inserting in
lieu thereof ‘‘Office’’.
SEC. 312. ENFORCEMENT OF RIGHTS WITH RESPECT TO
CERTAIN FEDERAL AGENCIES.
Section 4325(d)(1) is amended—
(1) by striking out ‘‘, alternative employment in
the Federal Government under this chapter,’’; and
(2) by striking out ‘‘employee’’ the last place it
appears and inserting in lieu thereof ‘‘employees’’.
SEC. 313. CONDUCT OF INVESTIGATION; SUBPOENAS.
Section 4326(a) is amended by inserting ‘‘have rea-
sonable access to and the right to interview persons with
information relevant to the investigation and shall’’ after
‘‘at all reasonable times,’’.