I
103D CONGRESS
1ST SESSION
H. R. 995
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.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 18, 1993
Mr. MONTGOMERY (for himself, Mr. STUMP, Mr. PENNY, Mr. SMITH of New
Jersey, Mr. SLATTERY, Mr. CLYBURN, and Mr. QUINN) introduced the
following bill; which was referred jointly to the Committees on Veterans’
Affairs and Post Office and Civil Service
A BILL
To amend title 38, United States Code, to improve reemploy-
ment rights and benefits of veterans and other benefits
of employment of certain members of the uniformed serv-
ices, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Uniformed Services
Employment and Reemployment Rights Act of 1993’’.
SEC. 2. REVISION OF CHAPTER 43 OF TITLE 38.
(a) RESTATEMENT AND IMPROVEMENT OF EMPLOY-
MENT AND REEMPLOYMENT RIGHTS.—Chapter 43 of title
38, United States Code, is amended to read as follows:
‘‘CHAPTER 43—EMPLOYMENT AND REEMPLOY-
MENT RIGHTS OF MEMBERS OF THE UNI-
FORMED SERVICES
‘‘SUBCHAPTER I—PURPOSES, RELATION TO OTHER LAW, AND
DEFINITIONS
‘‘Sec.
‘‘4301. Purposes; sense of Congress.
‘‘4302. Relation to other law and plans or agreements.
‘‘4303. Definitions.
‘‘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. Rights, benefits, and obligations of persons absent from employment for
service in a uniformed service.
‘‘4316. Employee pension benefit plans.
‘‘4317. Character of service.
‘‘SUBCHAPTER III—PROCEDURES FOR ASSISTANCE;
ENFORCEMENT; AND INVESTIGATION
‘‘4321. Assistance in obtaining employment or reemployment.
‘‘4322. Enforcement of employment or reemployment rights.
‘‘4323. Conduct of investigation; subpoenas.
‘‘SUBCHAPTER IV—MISCELLANEOUS PROVISIONS
‘‘4331. Regulations.
‘‘4332. Reports.
‘‘4333. Outreach.
‘‘SUBCHAPTER I—PURPOSES, RELATION TO
OTHER LAW, AND DEFINITIONS
‘‘§ 4301. Purposes; sense of Congress
‘‘(a) The purposes of this chapter are—
‘‘(1) to encourage noncareer service in the uni-
formed services by eliminating or minimizing the dis-
advantages 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 Gov-
ernment should be a model employer in carrying out the
reemployment practices provided for in this chapter.
‘‘§ 4302. Relation to other law and plans or agree-
ments
‘‘(a) Nothing in this chapter shall supersede, nullify,
or diminish any Federal or State law (including any local
law or ordinance) or any practice, policy, agreement, plan,
or other matter provided by an employer which establishes
rights or benefits which are greater than or in addition
to those provided in this chapter.
‘‘(b) This chapter supersedes State laws (including
any local law or ordinance), employer practices, policies,
agreements, and plans, and other matters that reduce,
limit, or eliminate in any manner rights or benefits pro-
vided by this chapter, including the establishment of addi-
tional prerequisites to the exercise of such rights.
‘‘§ 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 employ-
ment’, or ‘rights and benefits’ means any aspect of
the employment relationship, other than wages or
salary for work performed, provided by contract or
employer practice or custom, that offers advantage,
profit, privilege, gain, status, account, or interest
and includes, but is not limited to, pension plans
and payments, insurance coverage and awards, em-
ployee stock ownership plans, bonuses, severance
pay, supplemental unemployment benefits, vacations,
and selection of work hours or locations of employ-
ment.
‘‘(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 con-
trol over employment opportunities, including—
‘‘(i) a person, institution, organization, or
other entity to whom the employer has dele-
gated 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 re-
ferred 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 techni-
cian 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 employ-
ees, an employee pension benefit plan described in
section 3(2) of the Employee Retirement Income Se-
curity 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
4316.
‘‘(5) The term ‘Federal Government’ includes
the executive branch, the judicial branch, and the
legislative branch, with the executive branch includ-
ing—
‘‘(A) 
any 
department, 
administration,
agency, commission, board, or independent es-
tablishment in, or other part of, the executive
branch (including any executive agency as de-
fined in section 105 of title 5);
‘‘(B) the United States Postal Service and
the Postal Rate Commission;
‘‘(C) any nonappropriated fund activity of
the United States; and
‘‘(D) any corporation wholly owned by the
United States.
‘‘(6) The term ‘health plan’ means an insurance
policy or contract, medical or hospital service agree-
ment, membership or subscription contract, or other
arrangement under which health services for individ-
uals are provided or the expenses of such services
are paid.
‘‘(7) 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 per-
formed.
‘‘(8) The term ‘other than a temporary posi-
tion’ means a position of employment as to which
there is a reasonable expectation that it will continue
indefinitely.
‘‘(9) The term ‘qualified’ means having the
ability to perform the essential tasks of an employ-
ment position.
‘‘(10) The term ‘reasonable efforts’ means ac-
tions, including training provided by an employer,
that do not create an undue hardship on the em-
ployer.
‘‘(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 employ-
ment which accrue with, or are determined by, lon-
gevity in employment.
‘‘(13) The term ‘service in the uniformed serv-
ices’ 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, in-
active duty training, full-time National Guard duty,
and a period for which a person is absent from a po-
sition of employment for the purpose of an examina-
tion to determine the fitness of the person to per-
form any such duty.
‘‘(14) The term ‘State’ means each of the sev-
eral States of the United States, the District of Co-
lumbia, the Commonwealth of Puerto Rico, Guam,
the Virgin Islands, and other territories of the Unit-
ed States (including the agencies and political sub-
divisions thereof).
‘‘(15)(A) The term ‘undue hardship’ means an
action requiring significant difficulty or expense,
when considered in light of the factors set forth in
subparagraph (B).
‘‘(B) In determining whether an action would
impose an undue hardship on an employer, factors
to be considered include—
‘‘(i) the nature and cost of the action need-
ed under this chapter;
‘‘(ii) 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 re-
sources, or the impact otherwise of such action
upon the operation of the facility;
‘‘(iii) the overall financial resources of the
employer; the overall size of the business of an
employer with respect to the number of its em-
ployees; the number, type, and location of its
facilities; and
‘‘(iv) the type of operation or operations of
the employer, including the composition, struc-
ture, and functions of the work force of such
employer; the geographic separateness, adminis-
trative, 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 emer-
gency.
‘‘SUBCHAPTER II—EMPLOYMENT AND REEM-
PLOYMENT 
RIGHTS 
AND 
LIMITATIONS;
PROHIBITIONS
‘‘§ 4311. Discrimination against persons who serve in
the uniformed services and acts of re-
prisal 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, reemploy-
ment, retention in employment, promotion, or any benefit
of employment by an employer on the basis of that mem-
bership, application for membership, 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 vio-
lation of this section if the person’s membership, applica-
tion for membership, service, application for service, or ob-
ligation for service in the uniformed services is a motivat-
ing factor in the employer’s action, unless the employer
can demonstrate that the action would have been taken
in the absence of such membership, application for mem-
bership, service, application for service, or obligation.
‘‘(c)(1) An employer may not discriminate in employ-
ment against or take any adverse employment action
against any person because such person has taken an ac-
tion 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.
‘‘§ 4312. Reemployment rights of persons who serve
in the uniformed services
‘‘(a) Subject to subsections (b), (c), and (d) and to
section 4317, any person who is absent from a position
of employment (other than a temporary position) by rea-
son of service in the uniformed services shall be entitled
to the reemployment rights and benefits and other employ-
ment benefits of this chapter if—
‘‘(1) the person (or an appropriate officer of the
uniformed service in which such service is per-
formed) has given advance written or verbal notice
of such service to such person’s employer;
‘‘(2) except as provided in subsection (c), 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 serv-
ices does not exceed five years; and
‘‘(3) except as provided in subsection (f), the
person reports to, or submits an application for re-
employment 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 de-
termination of military necessity for the purposes of this
subsection shall be made pursuant to regulations pre-
scribed by the Secretary of Defense and shall not be sub-
ject to judicial review.
‘‘(c) Subsection (a) shall apply if such person’s cumu-
lative period of service in the uniformed services, with re-
spect 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 com-
plete 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 expira-
tion 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 de-
termined and certified in writing by the Secretary
concerned to be necessary for professional develop-
ment or for completion of skill training or retrain-
ing; 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;
‘‘(B) ordered to or retained on active duty
(other than for training) under any provision of
law during a war or during a national emer-
gency declared by the President or the Con-
gress;
‘‘(C) ordered to active duty (other than for
training) in support, as determined by the Sec-
retary 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 mem-
ber 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, or
‘‘(B) in the case of a person entitled to reem-
ployment under section 4313 (a)(3), (a)(4), or
(b)(2)(B), such employment would impose an undue
hardship on the operation of the employer.
‘‘(2) In any judicial proceeding involving an issue of
whether—
‘‘(A) any reemployment referred to in para-
graph (1) is impossible or unreasonable because of
a change in an employer’s circumstances, or
‘‘(B) any accommodation, training, or effort re-
ferred to in section 4313 (a)(3), (a)(4), or (b)(2) or
(3) would impose an undue hardship on the oper-
ation of the business of the employer,
the employer shall have the burden of proving the impos-
sibility or unreasonableness or undue hardship.
‘‘(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 expira-
tion of the eight-hour period referred to in
clause (i), if reporting within the period re-
ferred to in such clause is impossible or unrea-
sonable 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 re-
ferred 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 as soon as possible after such 14-day
period if submitting such application within such pe-
riod is impossible or unreasonable through no fault
of the person.
‘‘(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 reemploy-
ment with the employer not later than 90 days after
the completion of the period of service or as soon as
possible after such 90-day period if submitting such
application within such period is impossible or un-
reasonable through no fault of the person.
‘‘(2)(A) A person who is hospitalized for, or con-
valescing from, an illness or injury incurred in, or aggra-
vated by, the performance of a period 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 submit an application for reemployment with such
employer. Such period of recovery may not exceed two
years, except as provided in subparagraph (B).
‘‘(B) Such two-year period shall be extended by the
minimum time required to accommodate the cir-
cumstances beyond such person’s control which make re-
porting within the time limit specified in subparagraph
(A) impossible or unreasonable.
‘‘(f) A person who fails to report for employment or
reemployment within the time limits specified in sub-
section (e) does not automatically forfeit such person’s
right under subsection (a) but shall be subject to the con-
duct rules, established policy, and general practices of the
employer pertaining to explanations and discipline with re-
spect to absence from scheduled work.
‘‘(g)(1) A person who submits an application for re-
employment 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 terminated under section
4317.
‘‘(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) The failure of a person to provide documentation
that satisfies regulations prescribed pursuant to para-
graph (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) through (C) of paragraph (1), the em-
ployer of such person may terminate the employment of
the person and the provision of any rights or benefits af-
forded the person under this chapter.
‘‘(4) It shall be unlawful for an employer to delay
or attempt to defeat a reemployment obligation by de-
manding documentation that does not then exist or is not
then readily available.
‘‘(h) The right of a person to reemployment under
this section shall not entitle such person to retention, pref-
erence, or displacement rights over any person with a su-
perior claim under the provisions of title 5, United States
Code, relating to veterans and other preference eligibles.
‘‘(i) 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 na-
ture of such training or service (including voluntary serv-
ice) in the uniformed services shall not be a basis for deny-
ing protection of such training or service 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.
‘‘§ 4313. Reemployment positions
‘‘(a) Subject to subsection (b) in the case of any em-
ployee and subject to section 4314 in the case of reemploy-
ment by the Federal Government, a person entitled to re-
employment under section 4312 upon completion of a pe-
riod of service in the uniformed services shall be promptly
reemployed in a position of employment in accordance
with the following priorities:
‘‘(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 quali-
fied 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 uni-
formed services, only if the person is not quali-
fied to perform the duties of the position re-
ferred 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 quali-
fied 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 uni-
formed 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 re-
ferred to in subparagraph (A) after reasonable
efforts by the employer to qualify the person.
‘‘(3) In the case of a person who has a disabil-
ity incurred in, or aggravated by, a period of service
in the uniformed services, and if, after reasonable ef-
forts by the employer to accommodate the disability,
such person 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 continu-
ous employment of such person with the employer
had not been interrupted by such service—
‘‘(A) in any other position which is equiva-
lent in seniority, status, and pay, the duties of
which the person is qualified to perform or
would become qualified to perform with reason-
able efforts by the employer; or
‘‘(B) if not employed under subparagraph
(A), in a position which is the nearest approxi-
mation to a position referred to in subpara-
graph (A) in terms of seniority, status, and pay
consistent with circumstances of such person’s
case.
‘‘(4) In the case of a person who is not quali-
fied 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 em-
ployer had not been interrupted by such service or
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 by,
a period of service in the uniformed services and
who cannot become qualified with reasonable efforts
by the employer, in any other position of lesser sta-
tus and pay which such person is qualified to per-
form, with full seniority.
‘‘(b)(1) If two or more persons are entitled to reem-
ployment under section 4312 in the same position of em-
ployment 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 sec-
tion 4312 who is not reemployed in a position of employ-
ment by reason of paragraph (1) shall be entitled to reem-
ployment 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 sub-
section), that provides a similar status and pay to a
position of employment referred to in paragraph (1)
of this subsection, consistent with circumstances of
such person’s case, with full seniority.
‘‘(B) In the case of a person who has a disabil-
ity incurred in, or aggravated by, a period of service
in the uniform services that requires reasonable ef-
forts 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, con-
sistent with circumstances of such person’s case,
with full seniority.
‘‘§ 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 re-
employed in a position of employment as described in sec-
tion 4313.
‘‘(b) If the employer of a person described in sub-
section (a) was, at the time such person entered service
in the uniformed services, an agency in the executive
branch, and the Director of the Office of Personnel Man-
agement determines that—
‘‘(1) such employer no longer exists and its
functions have not been transferred to another part
of the executive branch; or
‘‘(2) it is not feasible for such employer to re-
employ such person,
the Director shall identify an alternative position of like
seniority, status, and pay for which such person is quali-
fied in another part of the executive branch, and the Di-
rector shall cause employment in such position to be of-
fered to such person.
‘‘(c) If the employer of a person described in sub-
section (a) was, at the time such person entered service
in the uniformed services, a part of the judicial branch
or the legislative branch of the Federal Government, and
such employer determines that—
‘‘(1) it is not feasible for such employer to re-
employ such person; and
‘‘(2) such person is otherwise eligible to acquire
a status for transfer to a position in the competitive
service in accordance with section 3304(c) of title 5,
such person shall, upon application to the Director of the
Office of Personnel Management, be considered for and
offered employment in an alternative position in the execu-
tive branch on the same basis as described in subsection
(b).
‘‘(d) If the adjutant general of a State determines
that it is not feasible to reemploy a person who was a
National Guard technician employed under section 709 of
title 32, and such person is otherwise eligible to acquire
a status for transfer to a position in the competitive serv-
ice in accordance with section 3304(d) of title 5, such per-
son shall, upon application to the Director of the Office
of Personnel Management, be considered for and offered
employment in an alternative position in the executive
branch of the Federal Government on the same basis as
described in subsection (b).
§ 4315. 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 re-
mained continuously employed.
‘‘(b) A person who performs service in the uniformed
services is considered to be on furlough or leave of absence
while in the uniformed services and is also entitled to such
other rights and benefits, not determined by seniority, re-
lating to other employees on furlough or leave of absence
which were in effect by contract, policy, or practice at the
commencement of such period of service or were estab-
lished while such person is performing such service. Such
person may be required to pay the employee cost, if any,
of any funded benefit continued pursuant to the preceding
sentence to the extent other employees on furlough or
leave of absence are so required.
‘‘(c)(1) Notwithstanding subsection (b), a person who
performs service in the uniformed services shall, at such
person’s request, continue to be covered by any insurance
provided by such employer for up to 18 months. Such per-
son may be required to pay the entire cost of any benefit
continued pursuant to the preceding sentence, except that
in the case of persons ordered to training or service for
fewer than 31 days, such person may be required to pay
only the employee share, if any, of the cost of such benefit.
‘‘(2) In the case of employer-sponsored health bene-
fits, an exclusion or waiting period may not be imposed
in connection with coverage of a health or physical condi-
tion of a person entitled to participate in these benefits,
either under paragraph (1) or upon reinstatement, or in
connection with a health or physical condition of any other
person who is covered by the benefit by reason of the cov-
erage of such person, if—
‘‘(A) the condition arose before or during that
person’s period of training or service in the uni-
formed services;
‘‘(B) an exclusion or waiting period would not
have been imposed for the condition during a period
of coverage resulting from participation by such per-
son in the benefits; and
‘‘(C) the condition of such person has not been
determined by the Secretary of Veterans Affairs to
be service-connected.
‘‘(d) A person who is reemployed by an employer
under this chapter shall not be discharged from such em-
ployment, except for cause—
‘‘(1) if such person’s period of service was 181
days or more, within one year;
‘‘(2) if such person’s period of service was 31
days or more but less than 181 days, within six
months; or
‘‘(3) if such person’s period of service was less
than 31 days, within a period of time that is equal
to the period of service concerned.
‘‘(e) Any person who is absent from or leaves a posi-
tion (other than a temporary position) in the employ of
any employer for voluntary or involuntary service in the
uniformed services may utilize, with respect to the em-
ployer and during any period of such service, accrued or
other leave which the person could have utilized if the per-
son had remained in such position.
‘‘§ 4316. 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 described in section 3(2) of the Em-
ployee Retirement Income Security Act of 1974 (29
U.S.C. 1002(2)) or a right provided under any Federal
or State law governing pension benefits for governmental
employees, the right to pension benefits of a person reem-
ployed 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 con-
strued 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 uni-
formed 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 employ-
ers maintaining the plan for purposes 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 be liable to an employee pension benefit plan
for funding any obligation of the plan to provide the bene-
fits described in subsection (a)(2). For purposes of deter-
mining the amount of such liability and for purposes of
section 515 of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1145) or any similar Federal or
State law governing pension benefits for governmental em-
ployees, 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 agree-
ment. In the case of a multiemployer plan, as defined in
section 3(37) of the Employee Retirement Income Secu-
rity Act of 1974 (29 U.S.C. 1002(37)), any liability of
the plan described in this paragraph shall be allocated by
the plan in such manner as the sponsor maintaining the
plan shall provide.
‘‘(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 or employer
would have been permitted or required to contribute had
the person remained continuously employed by the em-
ployer throughout the period of service described in sub-
section (a)(2)(B). Any payment to the plan described in
this paragraph shall be made during any reasonable con-
tinuous period (beginning with the date of reemployment)
as the employer and the person may agree.
‘‘(3) For purposes of computing an employer’s liabil-
ity 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)—
‘‘(A) shall be computed at the same rate as the
employee received from the employer immediately
before such period; or
‘‘(B) if the employee’s compensation was not
based on a fixed rate, shall be computed on the basis
of the employee’s average rate of compensation dur-
ing the 12-month period immediately preceding such
period (or, if shorter, the period of employment im-
mediately preceding such period).
‘‘(c) Any employer who reemploys a person under this
chapter and who is an employer contributing to a multiem-
ployer plan, as defined in section 3(37) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1002(37)), 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 re-
employment to the administrator of such plan.
‘‘§ 4317. 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 uni-
formed 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 con-
duct discharge.
‘‘(2) A separation of such person from such
uniformed service under other than honorable condi-
tions, as characterized pursuant to regulations pre-
scribed 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 III—PROCEDURES FOR ASSIST-
ANCE, ENFORCEMENT, AND INVESTIGA-
TIONS
‘‘§ 4321. Assistance in obtaining employment or reem-
ployment
‘‘The Secretary (through the Veterans’ Employment
and Training Service) shall provide assistance to any per-
son with respect to 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 agen-
cies engaged in similar or related activities and utilize the
assistance of volunteers.
‘‘§ 4322. Enforcement of employment or reemploy-
ment rights
‘‘(a)(1) A person who claims that—
‘‘(A) such person is entitled under this chapter
to employment or reemployment rights or benefits
with respect to employment by an employer; and
‘‘(B)(i) such employer has failed or refused, or
is about to fail or refuse, to comply with the provi-
sions of this chapter; or
‘‘(ii) in the case that the employer is the Fed-
eral Government, 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.
‘‘(2) In the case that the employer is the Federal
Government, subsection (a) of section 4323 shall be appli-
cable to such investigation but not subsections (b) and (c)
of such section.
‘‘(3) This subsection does not apply to any action re-
lating to benefits to be provided by the Thrift Savings
Plan.
‘‘(b)(1) A person described in subsection (a) may file
a complaint in accordance with paragraph (2) and apply
to the Secretary for assistance in asserting that complaint.
‘‘(2) 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.
‘‘(3) Before the receipt of a written complaint, the
Secretary shall, upon request, provide technical assistance
to the potential claimant and, if the Secretary determines
it appropriate, to such claimant’s employer.
‘‘(c)(1)(A) Except as provided in paragraph (2), if
the Secretary, after investigation, is reasonably satisfied
that the employer has failed to comply with the provisions
of this chapter, if efforts to obtain voluntary compliance
are not successful, and if the claimant requests in writing
that the claim be referred for litigation, the Secretary shall
refer the case to the Attorney General. If the Attorney
General is reasonably satisfied that the person requesting
representation is entitled to the rights or benefits sought,
the Attorney General shall appear and act as attorney for
the claimant in the filing of a complaint and other appro-
priate motions and pleadings and the prosecution thereof
in the district courts of the United States and on appeal.
‘‘(B) If the Attorney General declines to represent a
person after receiving a referral from the Secretary or if
a person chooses not to apply to the Secretary for assist-
ance or to utilize the Attorney General for representation
under this section, such person may be represented before
the district court or on appeal by counsel of the person’s
choice.
‘‘(2)(A) In the case where the employer is the Federal
Government, if the Secretary, after investigation, is rea-
sonably satisfied that the employer has failed to comply
with the provisions of this chapter, if efforts to obtain vol-
untary compliance are not successful, and if the claimant
requests in writing that the claim be referred for litigation,
the case shall be referred to the Office of the Special
Counsel, litigation shall be before the Merit Systems Pro-
tection Board, and if the Special Counsel is reasonably
satisfied that the person requesting representation is enti-
tled to the rights or benefits sought, the Special Counsel
shall appear and act as attorney for the claimant in filing
an appeal to the Merit Systems Protection Board and in
pursuing that appeal.
‘‘(B) If the Special Counsel declines to represent a
person after receiving a referral from the Secretary or if
a person chooses not to apply to the Secretary for assist-
ance or to utilize the Special Counsel for representation
under this section, such person may be represented before
the Merit Systems Protection Board or on appeal by coun-
sel of the person’s choice.
‘‘(d)(1) This subsection applies only with respect to
a State or private employer.
‘‘(2)(A) The district courts of the United States may
require the State or private employer, as the case may
be—
‘‘(i) to comply with the provisions of this chap-
ter;
‘‘(ii) to compensate the person for any loss of
wages or benefits suffered by reason of such employ-
er’s failure to comply with the provisions of this
chapter; and
‘‘(iii) to pay, in addition to the compensation
paid under clause (ii), the person an amount equal
to such compensation as liquidated damages, if the
court determines that the employer’s failure to com-
ply with the provisions of this chapter was willful.
‘‘(B) Any compensation and payment under clauses
(ii) and (iii) of subparagraph (A) shall be in addition to,
and shall not be deemed to diminish, any of the other
rights and benefits provided for in this chapter.
‘‘(3)(A) No fees or court costs shall be charged or
taxed against any person claiming rights or benefits under
this chapter.
‘‘(B) In any action or proceeding to enforce a provi-
sion of this chapter by a person described in paragraph
(2) who obtained private counsel for such action or pro-
ceeding, the court, in its discretion, may award any such
person who prevails in such action or proceeding a reason-
able attorney’s fee, expert witness fees, and other litiga-
tion expenses.
‘‘(4) The court may use its full equity powers, includ-
ing temporary or permanent injunctions and temporary
restraining orders, to vindicate fully the rights or benefits
of persons under this chapter.
‘‘(5) 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.
‘‘(6) In any action under this chapter, only the em-
ployer shall be deemed a necessary party respondent.
‘‘(7) No State statute of limitations shall apply to any
proceedings under this chapter.
‘‘(8) A State shall be subject to the same remedies,
including prejudgment interest, as may be imposed upon
any private employer under this section.
‘‘(e)(1) This subsection applies only with respect to
the Federal Government as employer.
‘‘(2)(A) If the Merit Systems Protection Board con-
cludes that the Federal Government, as employer, has
failed to comply with the provisions of this chapter or that
the Director of the Office of Personnel Management has
not met an obligation set forth in section 4314, the Board
shall enter an order specifically requiring the employing
agency or the Director to comply with such provisions and
to compensate such person for any loss of wages or bene-
fits suffered by reason of the employing agency’s or the
Director’s unlawful action.
‘‘(B) Any such compensation shall be in addition to
and shall not be deemed to diminish any of the other
rights or benefits provided for by this chapter.
‘‘(3)(A) A claimant under this chapter may petition
the United States Court of Appeals for the Federal Circuit
to review a decision of the Merit Systems Protection
Board denying such claimant the relief sought, in whole
or in part, subject to the conditions and in accordance
with the procedures set forth in section 7703 of title 5.
‘‘(B) The Secretary and the Special Counsel shall not
represent persons with respect to review of decisions of
the Merit Systems Protection Board under this chapter
in the United States Court of Appeals for the Federal Cir-
cuit or the Supreme Court.
‘‘(C) If a person seeks such judicial review, or in any
case in which a person is involved in the Board’s decision
is being appealed by another party, such person may be
represented by counsel of the person’s choice.
‘‘§ 4323. Conduct of investigation; subpoenas
‘‘(a) In carrying out investigations under this chap-
ter, the Secretary’s duly authorized representatives shall
at all reasonable times have access to, for the purpose of
examination, and the right to copy and receive, any docu-
ments of any person or employer.
‘‘(b) Except as provided in section 4322(a)(2), in car-
rying out investigations 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 Sec-
retary, the Attorney General may apply to any district
court of the United States in whose jurisdiction such dis-
obedience or contumacy occurs for an order enforcing the
Secretary’s subpoena.
‘‘(c) Except as provided in section 4322(a)(2), 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 pursu-
ant 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.
‘‘SUBCHAPTER IV—MISCELLANEOUS
PROVISIONS
‘‘§ 4331. Regulations
‘‘(a) The Secretary (in consultation with the Sec-
retary of Defense) may prescribe regulations implement-
ing the provisions of this chapter with regard to the appli-
cation of this chapter to States, local governments, and
private employers.
‘‘(b)(1) The Director of the Office of Personnel Man-
agement (in consultation with the Secretary and the
Secretary of Defense) may prescribe regulations imple-
menting the provisions of this chapter with regard to the
application of this chapter to the Federal Government as
employer. Such regulations shall be consistent with the
regulations pertaining to the States and private employers,
except that employees of the Federal Government may be
given greater or additional rights. Nothing in this sub-
section constitutes authority for the Director to prescribe
any matter for which any regulation may be prescribed
under paragraph (2).
‘‘(2) Regulations may be prescribed—
‘‘(A) by the Merit Systems Protection Board to
carry out its responsibilities under this chapter; and
‘‘(B) by the Office of Special Counsel to carry
out its responsibilities under this chapter.
‘‘§ 4332. Reports
‘‘The Secretary shall, after consultation with the At-
torney General and the Special Counsel referred to in sec-
tion 4322(b)(2) and no later than February 1, 1995, and
each February 1 thereafter, 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 De-
partment of Labor under this chapter during the fis-
cal year for which the report is made.
‘‘(2) The number of cases referred to the Attor-
ney General or the Special Counsel pursuant to sec-
tion 4322(c)(1) or 4322(c)(2), respectively, during
such fiscal year.
‘‘(3) The number of pleadings filed by the At-
torney General pursuant to section 4322(c)(1) dur-
ing such fiscal year.
‘‘(4) The nature and status of each case re-
ported on pursuant to paragraph (1), (2), or (3).
‘‘(5) An indication of whether there are any ap-
parent 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, in-
cluding any action that could be taken to encourage
mediation, before claims are filed under this chapter,
between employers and persons seeking employment
or reemployment.
‘‘§ 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 per-
sons 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 follow-
ing:
‘‘43. Employment and reemployment rights of members of
the uniformed services ................................................................. 4301’’.
(2) AMENDMENT
TO
TITLE
5.—(A) Section
1204(a)(1) of title 5, United States Code, is amend-
ed 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 items relating to
subchapter II.
(3) 
AMENDMENT
TO
TITLE
10.—Section
706(c)(1) of title 10, United States Code, is amend-
ed 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 para-
graph (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 REQUIRE-
MENTS.
Section 5303A(b)(3) of title 38, United States Code,
is amended—
(1) by striking out ‘‘or’’ at the end of subpara-
graph (E);
(2) by striking out the period at the end of sub-
paragraph (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:
‘‘§ 8432b. Contributions of persons who perform mili-
tary service
‘‘(a) This section applies to any employee who—
‘‘(1) separates or enters leave-without-pay sta-
tus in order to perform military service; and
‘‘(2) is subsequently restored to or reemployed
in a position which is subject to this chapter, pursu-
ant 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 begin-
ning on date of separation or commencement of
leave-without-pay status (as applicable) and ending
on the day before the date of restoration or reem-
ployment (as applicable)—
‘‘(i) assuming a contribution rate of 10
percent; and
‘‘(ii) not counting any amounts which
would be attributable to any period during
which such employee was not or would not have
been eligible to contribute due to subparagraph
(A), (B), or (C) of section 8432(b)(2) (except
that section 8432(b)(2)(C) shall not be a basis
for discounting any amounts if the election to
terminate contributions involved is made within
2 months before commencing military service);
reduced by
‘‘(B) any contributions under section 8432(a)
actually made by such employee over the period de-
scribed in subparagraph (A) (in the matter before
clause (i) thereof).
‘‘(3) Contributions under this subsection—
‘‘(A) shall be made at the same time and in the
same manner as would any contributions under sec-
tion 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 em-
ployee wishes to make contributions under this sub-
section (not shorter than the period referred to in
paragraph (2)(B) and not longer than 4 times such
period).
‘‘(c) If an employee makes contributions under sub-
section (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 contribu-
tions were being made under section 8432(a); and
‘‘(2) disregarding any contributions then actu-
ally being made under section 8432(a) and any
agency contributions relating thereto.
‘‘(d)(1) 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—
‘‘(A) 1 percent of such employee’s basic pay (as
determined under subsection (e)) for the period re-
ferred to in subsection (b)(2)(B); reduced by
‘‘(B) any contributions actually made on such
employee’s behalf under section 8432(c)(1) with re-
spect to the period referred to in subsection
(b)(2)(B).
‘‘(2) An amount under this subsection shall be paid—
‘‘(A) by the agency to which the employee is re-
stored or in which such employee is reemployed;
‘‘(B) from the same source as would be the case
under section 8432(e) with respect to sums required
under section 8432(c); and
‘‘(C) within the time prescribed by the Execu-
tive Director.
‘‘(e) For purposes of any computation under this sec-
tion, 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 pe-
riod had such employee remained continuously employed
in the position which such employee last held before sepa-
rating or entering leave-without-pay status to perform
military service.
‘‘(f)(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 employ-
ee’s restoration or reemployment rights are based
shall be disregarded; and
‘‘(B) such employee shall be credited with a pe-
riod 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 reemploy-
ment (as the case may be) and otherwise in such manner
as the Executive Director prescribes.
‘‘(g) The Executive Director shall prescribe regula-
tions 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) Sec-
tion 8433(d) of title 5, United States Code, is amended
by striking ‘‘subsection (e).’’ and inserting ‘‘subsection (e),
unless an election under section 8432b(f)(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 insert-
ing ‘‘, or unless an election under section 8432b(f)(2) is
made to treat such separation for purposes of this para-
graph as if it had never occurred.’’.
(c) ELECTION TO RESUME REGULAR CONTRIBU-
TIONS UPON RESTORATION OR REEMPLOYMENT.—Sec-
tion 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 sec-
tion 8432b(b)(2)(B))—
‘‘(i) is eligible to make an election de-
scribed in subsection (b)(1); or
‘‘(ii) would be so eligible but for having ei-
ther elected to terminate individual contribu-
tions 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 regula-
tions 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 al-
lowable 
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 con-
tributing 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 contribu-
tions under section 8432(a) shall be considered a
reference to employee contributions under this sec-
tion;
‘‘(B) the contribution rate assumed under sec-
tion 8432b(b)(2)(A)(i) shall be the maximum per-
centage 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 EM-
PLOYEES RESTORED OR REEMPLOYED BEFORE EFFEC-
TIVE 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 em-
ployee is or was eligible to make an election re-
lating 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 res-
toration 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, ex-
cept 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, in the matter before clause (i), by
striking ‘‘ending on the day before the date of res-
toration or reemployment (as applicable)’’ and in-
serting ‘‘ending on the date determined under sec-
tion 4(f)(1) of the Uniformed Services Employment
and Reemployment Rights Act of 1993’’.
SEC. 5. 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’’.
SEC. 6. TRANSITION RULES AND EFFECTIVE DATES.
(a) REEMPLOYMENT.—(1) Except as otherwise pro-
vided 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 enact-
ment, 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 rela-
tionship with respect to which a person seeks reemploy-
ment 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 serv-
ice 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 chap-
ter 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 uniform services that was initi-
ated 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 com-
plied 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 sub-
chapter 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 effec-
tive on the date of enactment of this Act.
(c) INSURANCE.—(1) Except as provided in para-
graph (2), the provisions of section 4315(c) of title 38,
United States Code, as provided in the amendments made
by this Act, concerning insurance coverage shall become
effective on the date of enactment of this Act.
(2) 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 insurance coverage as
provided in such section 4315. If such an election is made,
insurance coverage 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.
(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 hereby 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) REPORTS.—The reports made by the Secretary
of Labor pursuant to section 4332 of title 38, United
States Code, as provided in the amendments made by this
Act, shall be made with respect to cases pertaining to
chapter 43 of such title without regard to whether a case
originated under such chapter before, on, or after the date
of enactment of this Act.
(f) PREVIOUS ACTIONS.—Except as otherwise pro-
vided, 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 were begun before the end of the 60-day
period referred to in subsection (a).
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