‘‘§ 4332. Reports
‘‘The Secretary shall, after consultation with the Attor-
ney General and the Special Counsel referred to in section
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 Attorney
General or the Special Counsel pursuant to section
4322(c)(1) or 4322(c)(2), respectively, during such fis-
cal year.
‘‘(3) The number of pleadings filed by the Attor-
ney General pursuant to section 4322(c)(1) 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 ap-
parent patterns of violation of the provisions of this
chapter, together with an explanation thereof.
‘‘(6) Recommendations for administrative or leg-
islative action that the Secretary, the Attorney Gen-
eral, or the Special Counsel considers necessary for
the effective implementation of this chapter, including
any action that could be taken to encourage medi-
ation, before claims are filed under this chapter, be-
tween employers and persons seeking employment or
reemployment.
‘‘§ 4333. Outreach
‘‘The Secretary, the Secretary of Defense, and the Sec-
retary of Veterans Affairs shall take such actions as such
Secretaries determine are appropriate to inform persons en-
titled to rights and benefits under this chapter and employ-
ers 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 uniformed services ....................................................................... 4301’’.
(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repealed.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 strik-
ing 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 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 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 reemployment (as
applicable); reduced by
‘‘(B) any contributions under section 8432(a) ac-
tually made by such employee over the period de-
scribed 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 sec-
tion 8432(a);
‘‘(B) shall be made over the period of time speci-
fied 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 can-
not be shorter than two times the period referred to in para-
graph (2)(B) and not longer than four 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 contributions
were being made under section 8432(a); and
‘‘(2) disregarding any contributions then actu-
ally being made under section 8432(a) and any agen-
cy contributions relating thereto.
‘‘(d) An employee to whom this section applies is enti-
tled 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 re-
ferred to in subsection (b)(2)(B); reduced by
‘‘(2) 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).
‘‘(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 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 shall be required to pay
lost earnings on contributions made pursuant to subsections
(c) and (d). Such earnings 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 earn-
ings 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 re-
stored 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 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)) treat-
ed 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.
‘‘(i) The Executive Director shall prescribe regulations
to carry out this section.’’.
(2) The table of sections for chapter 84 of title 5, Unit-
ed States Code, is amended by inserting after the item relat-
ing 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 strik-
ing ‘‘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 ei-
ther elected to terminate individual contributions
to the Thrift Savings Fund within 2 months be-
fore 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 reem-
ployed (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 pe-
riod 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 ref-
erence to employee contributions under this section;
‘‘(B) 
the 
contribution 
rate 
under 
section
8432b(b)(2)(A) shall be the maximum percentage al-
lowable 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 Au-
gust 2, 1990.
(f) RULES FOR APPLYING AMENDMENTS TO EMPLOY-
EES RESTORED
OR REEMPLOYED BEFORE EFFECTIVE
DATE.—In the case of any employee (described in sub-
section (e)(2)) who is reemployed or restored (in the cir-
cumstances 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, except
that, with respect to the period described in subpara-
graph (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 ap-
plicable 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 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 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 enact-
ment 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 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 initiated
before the end of such period shall be deemed to have satis-
fied 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 applica-
ble 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 amend-
ments made by this Act, and the provisions of subchapter
III of chapter 43 of such title, as provided in the amend-
ments made by this Act, that are necessary for the imple-
mentation of such section 4311 shall become effective on the
date of enactment of this Act.
(c) INSURANCE.—(1) Except as provided in paragraph
(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 per-
son’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 amend-
ments made by this Act, shall apply to reemployments initi-
ated 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 du-
ties that matured, penalties that were incurred, and pro-
ceedings that were begun before the end of the 60-day period
referred to in subsection (a).
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