ing or, if no such notification was provided, the date 
of the call or order; 
‘‘(2) on such date, the coverage applied to the 
reserve component member and members of the fam-
ily of the reserve component member; and 
‘‘(3) the coverage has not lapsed. 
‘‘(d) APPLICABLE PREMIUM.—The applicable pre-
mium payable under this section for continuation of health 
benefits plan coverage for the family members of a reserve 
component member is the amount of the premium payable 
by the member for the coverage of the family members. 
‘‘(e) MAXIMUM AMOUNT.—The total amount that the 
Department of Defense may pay for the applicable pre-
mium of a health benefits plan for the family members 
of a reserve component member under this section in a 
fiscal year may not exceed the amount determined by mul-
tiplying— 
‘‘(1) the sum of one plus the number of the 
family members covered by the health benefits plan, 
by 
‘‘(2) the per capita cost of providing TRICARE 
coverage and benefits for dependents under this 
chapter for such fiscal year, as determined by the 
Secretary of Defense.
‘‘(f) BENEFITS
COVERAGE
CONTINUATION
PE-
RIOD.—The benefits coverage continuation period under 
this section for qualified health benefits plan coverage for 
the family members of an eligible reserve component mem-
ber called or ordered to active duty is the period that— 
‘‘(1) begins on the date of the call or order; and 
‘‘(2) ends on the earlier of— 
‘‘(A) the date on which the reserve compo-
nent member’s eligibility for transitional health 
care under section 1145(a) of this title termi-
nates under paragraph (3) of such section; or 
‘‘(B) the date on which the reserve compo-
nent member elects to terminate the continued 
qualified health benefits plan coverage of the 
member’s family members. 
‘‘(g) EXTENSION
OF PERIOD
OF COBRA COV-
ERAGE.—Notwithstanding any other provision of law— 
‘‘(1) any period of coverage under a COBRA 
continuation 
provision 
(as 
defined 
in 
section 
9832(d)(1) of the Internal Revenue Code of 1986) 
for an eligible reserve component member under this 
section shall be deemed to be equal to the benefits 
coverage continuation period for such member under 
this section; and
‘‘(2) with respect to the election of any period 
of coverage under a COBRA continuation provision 
(as so defined), rules similar to the rules under sec-
tion 4980B(f)(5)(C) of such Code shall apply. 
‘‘(h) NONDUPLICATION OF BENEFITS.—A member of 
the family of a reserve component member who is eligible 
for benefits under qualified health benefits plan coverage 
paid on behalf of the reserve component member by the 
Secretary concerned under this section is not eligible for 
benefits under the TRICARE program during a period of 
the coverage for which so paid. 
‘‘(i) REVOCABILITY OF ELECTION.—A reserve com-
ponent member who makes an election under subsection 
(a) may revoke the election. Upon such a revocation, the 
member’s family members shall become eligible for bene-
fits under the TRICARE program as provided for under 
this chapter. 
‘‘(j) REGULATIONS.—The Secretary of Defense shall 
prescribe regulations for carrying out this section. The 
regulations shall include such requirements for making an 
election of payment of applicable premiums as the Sec-
retary considers appropriate.’’. 
(B) CLERICAL AMENDMENT.—The table of 
sections at the beginning of such chapter is
amended by inserting after the item relating to 
section 1078a the following new item: 
‘‘1078b. Continuation of non-TRICARE health benefits plan coverage for de-
pendents of certain Reserves called or ordered to active duty.’’. 
(2) APPLICABILITY.—Section 1078b of title 10, 
United States Code (as added by paragraph (1)), 
shall apply with respect to calls or orders of mem-
bers of reserve components of the Armed Forces to 
active duty as described in subsection (b) of such 
section, that are issued by the Secretary of a military 
department before, on, or after the date of the enact-
ment of this Act, but only with respect to qualified 
health benefits plan coverage (as described in sub-
section (c) of such section) that is in effect on or after 
the date of the enactment of this Act. 
SEC. 5. CHILD CARE FOR CHILDREN OF MEMBERS OF 
ARMED FORCES ON ACTIVE DUTY FOR OPER-
ATION ENDURING FREEDOM OR OPERATION 
IRAQI FREEDOM. 
(a) CHILD CARE FOR CHILDREN WITHOUT ACCESS 
TO MILITARY CHILD CARE.— 
(1) AUTHORITY.—In any case where the chil-
dren of a covered member of the Armed Forces are 
geographically dispersed and do not have practical 
access to a military child development center, the 
Secretary of Defense may, to the extent funds are
available for such purpose, provide such funds as are 
necessary permit the member’s family to secure ac-
cess for such children to State licensed child care 
and development programs and activities in the pri-
vate sector that are similar in scope and quality to 
the child care and development programs and activi-
ties the Secretary would otherwise provide access to 
under subchapter II of chapter 88 of title 10, United 
States Code, and other applicable provisions of law. 
(2) PROCEDURES.—Funds may be provided 
under paragraph (1) in accordance with the provi-
sions of section 1798 of title 10, United States 
Code, or by such other mechanism as the Secretary 
considers appropriate. 
(3) PRIORITIES.—The Secretary shall prescribe 
in regulations priorities for the allocation of funds 
for the provision of access to child care under para-
graph (1) in circumstances where funds are inad-
equate to provide all children described in that para-
graph with access to child care as described in that 
paragraph. 
(b) PRESERVATION OF SERVICES AND PROGRAMS.— 
The Secretary shall provide for the attendance and partici-
pation of children in military child development centers 
and child care and development programs and activities
under subsection (a) in a manner that preserves the scope 
and quality of child care and development programs and 
activities otherwise provided by the Secretary. 
(c) FUNDING.—Amounts otherwise available to the 
Department of Defense and the military departments 
under this Act may be available for purposes of providing 
access to child care under subsection (a). 
(d) DEFINITIONS.—In this section: 
(1) COVERED
MEMBERS
OF
THE
ARMED 
FORCES.—The term ‘‘covered members of the Armed 
Forces’’ means members of the Armed Forces on ac-
tive duty, including members of the Reserves who 
are called or ordered to active duty under a provi-
sion of law referred to in section 101(a)(13)(B) of 
title 10, United States Code, for Operation Endur-
ing Freedom or Operation Iraqi Freedom. 
(2) MILITARY CHILD DEVELOPMENT CENTER.— 
The term ‘‘military child development center’’ has 
the meaning given such term in section 1800(1) of 
title 10, United States Code. 
SEC. 6. RIGHTS AND DUTIES UNDER USERRA. 
(a) REQUIREMENT FOR EMPLOYERS TO PROVIDE 
NOTICE OF RIGHTS AND DUTIES UNDER USERRA.— 
(1) NOTICE.—
(A) REQUIREMENT FOR NOTICE.—Chapter 
43 of title 38, United States Code, is amended 
by adding at the end the following new section: 
‘‘§ 4334. Notice of rights and duties 
‘‘(a) REQUIREMENT TO PROVIDE NOTICE.—Each 
employer shall provide to persons entitled to rights and 
benefits under this chapter a notice of the rights, benefits, 
and obligations of such persons and such employers under 
this chapter. The requirement for the provision of notice 
under this section may be met by the posting of the notice 
where employers customarily place notices for employees. 
‘‘(b) CONTENT
OF NOTICE.—The Secretary shall 
provide to employers the text of the notice to be provided 
under this section.’’. 
(B) CLERICAL AMENDMENT.—The table of 
sections at the beginning of such chapter is 
amended by adding at the end the following 
new item: 
‘‘4334. Notice of rights and duties.’’. 
(2) IMPLEMENTATION.— 
(A) REQUIREMENT.—Not later than the 
date that is 90 days after the date of the enact-
ment of this Act, the Secretary of Labor shall 
make available to employers the notice required 
under section 4334 of title 38, United States 
Code, as added by paragraph (1).
(B) 
APPLICABILITY.—The 
amendments 
made by this subsection shall apply to employ-
ers under chapter 43 of such title on and after 
the first date referred to in subparagraph (A). 
(b) DEMONSTRATION PROJECT FOR REFERRAL OF 
USERRA CLAIMS AGAINST FEDERAL AGENCIES TO THE 
OFFICE OF SPECIAL COUNSEL.— 
(1) ESTABLISHMENT OF PROJECT.—The Sec-
retary of Labor and the Office of Special Counsel 
shall carry out a demonstration project under which 
certain claims against Federal executive agencies 
under the Uniformed Services Employment and Re-
employment Rights Act under chapter 43 of title 38, 
United States Code, are referred to, or otherwise re-
ceived by, the Office of Special Counsel for assist-
ance, including investigation and resolution of the 
claim as well as enforcement of rights with respect 
to the claim. 
(2) REFERRAL
OF
ALL
PROHIBITED
PER-
SONNEL ACTION CLAIMS TO THE OFFICE OF SPE-
CIAL.— 
(A) COVERED
CLAIMS.—Under the dem-
onstration project, the Office of Special Counsel 
shall receive and investigate all claims under 
the Uniformed Services Employment and Reem-
ployment Rights Act with respect to Federal ex-
ecutive agencies in cases where the Office of 
Special Counsel has jurisdiction over related 
claims pursuant to section 1212 of title 5, 
United States Code. 
(B) RELATED CLAIMS.—For purposes of 
subparagraph (A), a related claim is a claim in-
volving the same Federal executive agency and 
the same or similar factual allegations or legal 
issues as those being pursued under a claim 
under the Uniformed Services Employment and 
Reemployment Rights Act. 
(3) REFERRAL
OF
OTHER
CLAIMS
AGAINST 
FEDERAL EXECUTIVE.— 
(A) OTHER
CLAIMS.—Under the dem-
onstration project, the Secretary— 
(i) shall refer to the Office of Special 
Counsel all claims described in subpara-
graph (B) made during the period of the 
demonstration project; and 
(ii) may refer any claim described in 
subparagraph (B) filed before the dem-
onstration project that is pending before 
the Secretary at the beginning of the dem-
onstration project.
(B) COVERED CLAIMS.—A claim referred 
to in subparagraph (A) is a claim under chapter 
43 of title 38, United States Code, against a 
Federal executive agency by a claimant with a 
social security account number with an odd 
number as its terminal digit, or, in the case of 
a claim that does not contain a social security 
account number, a case number assigned to the 
claim with an odd number as its terminal digit. 
(4) ADMINISTRATION OF DEMONSTRATION — 
(A) OFFICE OF SPECIAL COUNSEL.—The 
Office of Special Counsel shall administer the 
demonstration project. The Secretary shall co-
operate with the Office of Special Counsel in 
carrying out the demonstration project. 
(B) LAW
ADMINISTERED
BY
THE
SEC-
RETARY OF VETERANS AFFAIRS.—In the case of 
any claim referred to, or otherwise received by, 
the Office of Special Counsel under the dem-
onstration project, any reference to the ‘‘Sec-
retary’’ in sections 4321, 4322, and 4326 of 
title 38, United States Code, is deemed a ref-
erence to the ‘‘Office of Special Counsel’’. 
(C) RETENTION
OF
JURISDICTION
OVER 
REFERRED CLAIMS.—In the case of any claim