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 pur-
poses’’, 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 Em-
ployment and Reemployment Rights Act of 1994’’.
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—GENERAL
‘‘4301. Purposes; sense of Congress.
‘‘4302. Relation to other law and plans or agreements.
‘‘4303. Definitions.
‘‘4304. Character of service.
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‘‘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 bene-
fits.
‘‘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
‘‘§ 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
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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
provisions of 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), contract, agreement, policy, plan, prac-
tice, 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 elimi-
nates in any manner any right or benefit provided by this
chapter, including the establishment of additional pre-
requisites to the exercise of any such right or the receipt
of any such benefit.
‘‘§ 4303. Definitions
‘‘For the purposes of this chapter—
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‘‘(1) The term ‘Attorney General’ means the At-
torney General of the United States or any person
designated by the Attorney General to carry out a re-
sponsibility of the Attorney General under this chap-
ter.
‘‘(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 oppor-
tunity to select work hours or location of employment.
‘‘(3) The term ‘employee’ means any person em-
ployed 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 delegated
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the performance of employment-related respon-
sibilities;
‘‘(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 ‘em-
ployer’ 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 pro-
vide benefits described in section 4318.
‘‘(5) The term ‘Federal executive agency’ includes
the United States Postal Service, the Postal Rate
Commission, any nonappropriated fund instrumen-
tality of the United States, any Executive agency (as
that term is defined in section 105 of title 5) other
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than 
an 
agency 
referred 
to 
in 
section
2302(a)(2)(C)(ii) of title 5, and any military depart-
ment (as that term is defined in section 102 of title
5) with respect to the civilian employees of that de-
partment.
‘‘(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 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.
‘‘(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 uni-
formed service in which such service is to be per-
formed.
‘‘(9) The term ‘qualified’, with respect to an em-
ployment position, means having the ability to per-
form the essential tasks of the position.
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‘‘(10) The term ‘reasonable efforts’, in the case of
actions required of an employer under this chapter,
means actions, including training provided by an em-
ployer, that do not place an undue hardship on the
employer.
‘‘(11) Notwithstanding section 101, the term
‘Secretary’ means the Secretary of Labor or any per-
son designated by such Secretary to carry out an ac-
tivity 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 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 perform
any such duty.
‘‘(14) The term ‘State’ means each of the several
States of the United States, the District of Columbia,
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the Commonwealth of Puerto Rico, Guam, the Virgin
Islands, and other territories of the United States (in-
cluding the agencies and political subdivisions there-
of).
‘‘(15) The term ‘undue hardship’, in the case of
actions taken by an employer, means actions requir-
ing significant difficulty or expense, when considered
in light of—
‘‘(A) the nature and cost of the action need-
ed 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 em-
ployees; the number, type, and location of its fa-
cilities; and
‘‘(D) the type of operation or operations of
the employer, including the composition, struc-
ture, and functions of the work force of such em-
ployer; the geographic separateness, administra-
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tive, or fiscal relationship of the facility or fa-
cilities 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 Na-
tional Guard duty, the commissioned corps of the
Public Health Service, and any other category of per-
sons designated by the President in time of war or
emergency.
‘‘§ 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 uni-
formed services terminates upon the occurrence of any of
the following events:
‘‘(1) A separation of such person from such uni-
formed service with a dishonorable or bad conduct
discharge.
‘‘(2) A separation of such person from such uni-
formed 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.
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‘‘(4) A dropping of such person from the rolls
pursuant to section 1161(b) of title 10.
‘‘SUBCHAPTER 
II—EMPLOYMENT 
AND 
REEM-
PLOYMENT RIGHTS AND LIMITATIONS; PRO-
HIBITIONS
‘‘§ 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, reemployment, re-
tention in employment, promotion, or any benefit of em-
ployment by an employer on the basis of that membership,
application for membership, performance of service, appli-
cation 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 obli-
gation 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
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of such membership, application for membership, perform-
ance of 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 action
to enforce a protection afforded any person under this chap-
ter, has testified or otherwise made a statement in or in
connection with any proceeding under this chapter, has as-
sisted 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).
‘‘§ 4312. Reemployment rights of persons who serve in
the uniformed services
‘‘(a) Subject to subsections (b), (c), and (d) and to sec-
tion 4304, any person who is absent from a position of em-
ployment 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)
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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 uni-
formed services does not exceed five years; and
‘‘(3) except as provided in subsection (f), the per-
son reports to, or submits an application for reem-
ployment 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 deter-
mination of military necessity for the purposes of this sub-
section 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 ab-
sent 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 em-
ployer relationship for which a person seeks reemployment,
does not exceed five years, except that any such period of
service shall not include any service—
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‘‘(1) that is required, beyond five years, to com-
plete an initial period of obligated service;
‘‘(2) during which such person was unable to ob-
tain 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 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 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 emer-
gency declared by the President or the Congress;
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‘‘(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 crit-
ical 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 per-
son 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 reemploy-
ment 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 expec-
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tation that such employment will continue indefi-
nitely or for a significant period.
‘‘(2) In any proceeding involving an issue of wheth-
er—
‘‘(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 re-
ferred 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 with-
out a reasonable expectation that such employment
will continue indefinitely or for a significant period,
the employer shall have the burden of proving the impos-
sibility or unreasonableness, undue hardship, or the brief
or nonrecurrent nature of the employment without a reason-
able expectation of continuing indefinitely or for a signifi-
cant 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 re-
ferred to in such subsection of the person’s intent to return
to a position of employment with such employer as follows:
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‘‘(A) In the case of a person whose period of serv-
ice 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 trans-
portation 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 re-
ferred to in subparagraph (A).
‘‘(C) In the case of a person whose period of serv-
ice in the uniformed services was for more than 30
days but less than 181 days, by submitting an appli-
cation for reemployment with the employer not later
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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 reemploy-
ment 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 convalesc-
ing 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 per-
son to recover from such illness or injury, report to the per-
son’s employer (in the case of a person described in sub-
paragraph (A) or (B) of paragraph (1)) or submit an appli-
cation 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
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the period specified in subparagraph (A) impossible or un-
reasonable.
‘‘(3) A person who fails to report or apply for employ-
ment or reemployment within the appropriate period speci-
fied 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 reem-
ployment 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) docu-
mentation to establish that—
‘‘(A) the person’s application is timely;
‘‘(B) the person has not exceeded the service limi-
tations set forth in subsection (a)(2) (except as per-
mitted 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 para-
graph (1) that satisfies regulations prescribed by the Sec-
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retary 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 avail-
able at the time of the request of the employer. If, after such
reemployment, documentation becomes available that estab-
lishes 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 termi-
nate 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 re-
quire that the person provide the employer with the docu-
mentation 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.
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‘‘(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 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
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commencement of the service in the uniformed
services, or a position of like seniority, status
and pay, the duties of which the person is quali-
fied to perform, only if the person is not quali-
fied 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 ac-
commodate the disability) is not qualified due to such
disability to be employed in the position of employ-
ment 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 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 subparagraph
(A) in terms of seniority, status, and pay con-
sistent with circumstances of such person’s case.
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‘‘(4) In the case of a person who (A) is not quali-
fied 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 em-
ployer had not been interrupted by such service, or
(ii) in the position of employment in which such per-
son 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 dur-
ing, service in the uniformed services), and (B) can-
not 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 reemploy-
ment under section 4312 in the same position of employ-
ment and more than one of them has reported for such reem-
ployment, 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 be re-
employed as follows:
‘‘(A) Except as provided in subparagraph (B),
in any other position of employment referred to in
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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 ef-
forts by the employer for the person to be able to per-
form 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 pro-
vides 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 senior-
ity.
‘‘§ 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 reem-
ployed in a position of employment as described in section
4313.
‘‘(b)(1) If the Director of the Office of Personnel Man-
agement makes a determination described in paragraph (2)
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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 sec-
tion, the Director shall—
‘‘(A) identify a position of like seniority, status,
and pay at another Federal executive agency that sat-
isfies the requirements of section 4313 and for which
the person is qualified; and
‘‘(B) ensure that the person is offered such posi-
tion.
‘‘(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 ex-
ists 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 reem-
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ploy such person, such person shall, upon application to
the Director of the Office of Personnel Management, be en-
sured an offer of employment in an alternative position in
a Federal executive agency on the basis described in sub-
section (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 Fed-
eral executive agency on the basis described in subsection
(b).
‘‘§ 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 en-
suring that the rights under this chapter apply to the em-
ployees 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 proce-
dures 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.
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‘‘(2) the appropriate officer of the agency deter-
mines 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 sub-
section.
‘‘§ 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 de-
termined 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 con-
tinuously 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
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similar seniority, status, and pay who are on fur-
lough or leave of absence under a contract, agreement,
policy, practice, or plan in effect at the commence-
ment 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 serv-
ice in the uniformed service,
is not entitled to rights and benefits under paragraph
(1)(B).
‘‘(B) For the purposes of subparagraph (A), the em-
ployer shall have the burden of proving that a person know-
ingly 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 uni-
formed 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.
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‘‘(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 reem-
ployment, 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 reem-
ployment, 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 serv-
ices shall be permitted, upon request of that person, to use
during such period of service any vacation, annual, or simi-
lar leave with pay accrued by the person before the com-
mencement of such service.
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‘‘§ 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 cov-
erage 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 In-
come Security Act of 1974), and such person is absent from
such position of employment by reason of service in the uni-
formed services, the plan shall provide that the person may
elect to continue such coverage as provided in this sub-
section. 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 employ-
ment, as determined under section 4312(e).
‘‘(B) A person who elects to continue health-plan cov-
erage 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
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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 multiem-
ployer 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 aris-
ing 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 per-
son 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 con-
nection with the reinstatement of such coverage upon reem-
ployment under this chapter if an exclusion or waiting pe-
riod 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
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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 Veter-
ans Affairs to have been incurred in, or aggravated during,
performance of service in the uniformed services.
‘‘§ 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 Secu-
rity 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 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
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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 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 pro-
vide the benefits described in subsection (a)(2) and shall al-
locate the amount of any employer contribution for the per-
son in the same manner and to the same extent the alloca-
tion 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 ben-
efits for governmental employees, service in the uniformed
services that is deemed under subsection (a) to be service
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with the employer shall be deemed to be service with the
employer under the terms of the plan or any applicable col-
lective bargaining agreement. In the case of a multiem-
ployer 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 per-
son before the period served by the person in the
uniformed services, or
‘‘(ii) if such last employer is no longer func-
tional, 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 re-
spect to such contributions or deferrals. No such payment
may exceed the amount the person would have been per-
mitted or required to contribute had the person remained
continuously employed by the employer throughout the pe-
riod of service described in subsection (a)(2)(B). Any pay-
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ment 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 pe-
riod of service described in subsection (a)(2)(B) shall be
computed—
‘‘(A) at the rate the employee would have re-
ceived but for the period of service described in sub-
section (a)(2)(B), or
‘‘(B) in the case that the determination of such
rate is not reasonably certain, on the basis of the em-
ployee’s average rate of compensation during the 12-
month period immediately preceding such period (or,
if shorter, the period of employment immediately pre-
ceding 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, under which bene-
fits 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,
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in writing, of such reemployment to the administrator of
such plan.
‘‘SUBCHAPTER III—PROCEDURES FOR ASSIST-
ANCE, ENFORCEMENT, AND INVESTIGATION
‘‘§ 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 per-
son 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.
‘‘§ 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 provi-
sions of this chapter; or
‘‘(B) in the case that the employer is a Federal
executive agency, such employer or the Office of Per-
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sonnel 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 com-
plaint.
‘‘(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 tech-
nical 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 deter-
mines 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 Sec-
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retary 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 submit-
ting a complaint against a State or private em-
ployer) or section 4324 (in the case of a person sub-
mitting a complaint against a Federal executive
agency).
‘‘(f) This subchapter does not apply to any action re-
lating to benefits to be provided under the Thrift Savings
Plan under title 5.
‘‘§ 4323. Enforcement of rights with respect to a State
or private employer
‘‘(a)(1) A person who receives from the Secretary a no-
tification pursuant to section 4322(e) of an unsuccessful ef-
fort to resolve a complaint relating to a State (as an em-
ployer) or a private employer may request that the Sec-
retary 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
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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 At-
torney 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 car-
ries 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 main-
tains 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—
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‘‘(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 provi-
sions 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 provi-
sion 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, includ-
ing temporary or permanent injunctions, temporary re-
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straining 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 poten-
tial 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, in-
cluding prejudgment interest, as may be imposed upon any
private employer under this section.
‘‘§ 4324. Enforcement of rights with respect to Federal
executive agencies
‘‘(a)(1) A person who receives from the Secretary a no-
tification pursuant to section 4322(e) of an unsuccessful ef-
fort 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 Spe-
cial 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
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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 re-
garding such complaint before the Merit Systems Protection
Board.
‘‘(B) If the Special Counsel declines to initiate an ac-
tion and represent a person before the Merit Systems Pro-
tection Board under subparagraph (A), the Special Counsel
shall notify such person of that decision.
‘‘(b) A person may submit a complaint against a Fed-
eral 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 Sec-
retary 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 ad-
judicate any complaint brought before the Board pursuant
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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 adjudica-
tion 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 compli-
ance.
‘‘(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 submit-
ted 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
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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 ac-
cordance 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.
‘‘§ 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 reem-
ployment 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 sub-
mit 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 in-
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vestigate 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 prac-
ticable, 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 re-
ferred to in subsection (a) from seeking information
from the Secretary regarding assistance in seeking re-
employment from the agency under this chapter, al-
ternative employment in the Federal Government
under this chapter, or information relating to the
rights and obligations of employee and Federal agen-
cies under this chapter; or
‘‘(2) as prohibiting such an agency from volun-
tarily cooperating with or seeking assistance in or of
clarification from the Secretary or the Director of the
Office of Personnel Management of any matter aris-
ing under this chapter.
‘‘§ 4326. Conduct of investigation; subpoenas
‘‘(a) In carrying out any investigation under this
chapter, the Secretary’s duly authorized representatives
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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 Sec-
retary considers relevant to the investigation.
‘‘(b) In carrying out any investigation under this
chapter, the Secretary may require by subpoena the attend-
ance and testimony of witnesses and the production of docu-
ments 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 enforc-
ing 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 fail-
ure to obey a subpoena or other lawful order of the Sec-
retary as a contempt of court.
‘‘(d) Subsections (b) and (c) shall not apply to the leg-
islative branch or the judicial branch of the United States.
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‘‘SUBCHAPTER IV—MISCELLANEOUS PROVISIONS
‘‘§ 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 em-
ployers.
‘‘(b)(1) The Director of the Office of Personnel Manage-
ment (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 pertain-
ing 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 chap-
ter:
‘‘(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.
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‘‘§ 4332. Reports
‘‘The Secretary shall, after consultation with the Attor-
ney General and the Special Counsel referred to in section
4324(a)(1) and no later than February 1, 1996, and annu-
ally 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 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
4323 or 4324, respectively, during such fiscal year.
‘‘(3) The number of complaints filed by the At-
torney 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 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-
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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
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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
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(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
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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.
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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.’’.
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(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 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 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)),
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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
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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
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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 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
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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 in-
serting ‘‘(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 inter-
rupts 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 serv-
ice 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’’.