HR 2289 RFS
SEC. 303. DISCRIMINATION AGAINST PERSONS WHO SERVE
IN THE UNIFORMED SERVICES AND ACTS OF
REPRISAL PROHIBITED.
Section 4311 is amended by striking out subsections
(b) and (c) and inserting in lieu thereof the following:
‘‘(b) An employer may not discriminate in employ-
ment against or take any adverse employment action
against any person because such person (1) has taken an
action to enforce a protection afforded any person under
this chapter, (2) has testified or otherwise made a state-
ment in or in connection with any proceeding under this
chapter, (3) has assisted or otherwise participated in an
investigation under this chapter, or (4) has exercised a
right provided for in this chapter. The prohibition in this
subsection shall apply with respect to a person regardless
of whether that person has performed service in the uni-
formed services.
‘‘(c) An employer shall be considered to have engaged
in actions prohibited—
‘‘(1) under subsection (a), if the person’s mem-
bership, application for membership, service, applica-
tion for service, or obligation for service in the uni-
formed services is a motivating factor in the employ-
er’s action, unless the employer can prove that the
action would have been taken in the absence of such
HR 2289 RFS
membership, application for membership, service,
application for service, or obligation for service; or
‘‘(2) under subsection (b), if the person’s (A)
action to enforce a protection afforded any person
under this chapter, (B) testimony or making of a
statement in or in connection with any proceeding
under this chapter, (C) assistance or other participa-
tion in an investigation under this chapter, or (D)
exercise of a right provided for in this chapter, is a
motivating factor in the employer’s action, unless
the employer can prove that the action would have
been taken in the absence of such person’s enforce-
ment action, testimony, statement, assistance, par-
ticipation, or exercise of a right.
‘‘(d) The prohibitions in subsections (a) and (b) shall
apply to any position of employment, including a position
that is described in section 4312(d)(1)(C).’’.
SEC. 304. REEMPLOYMENT RIGHTS OF PERSONS WHO
SERVE IN THE UNIFORMED SERVICES.
(a) INCLUSION OF PREPARATION AND TRAVEL TIME
PRIOR
TO SERVICE.—Section 4312(a) is amended by
striking out ‘‘who is absent from a position of employ-
ment’’ and inserting in lieu thereof ‘‘whose absence from
a position of employment is necessitated’’.
HR 2289 RFS
(b) LIMITATION ON SERVICE EXEMPTION TO WAR OR
NATIONAL
EMERGENCY.—Section 
4312(c)(4)(B) 
is
amended to read as follows:
‘‘(B) ordered to or retained on active duty
(other than for training) under any provision of
law because of a war or because of a national
emergency declared by the President or the
Congress as determined by the Secretary con-
cerned;’’.
(c) BRIEF, NONRECURRENT PERIODS OF SERVICE.—
Section 4312(d)(2)(C) is amended by striking out ‘‘is brief
or for a nonrecurrent period and without a reasonable ex-
pectation’’ and inserting in lieu thereof ‘‘is for a brief,
nonrecurrent period and there is no reasonable expecta-
tion’’.
(d) 
CONFORMING
AMENDMENTS
TO
REDESIGNATIONS
IN
TITLE
10.—Section 4312(c) is
amended—
(1) in paragraph (3), by striking out ‘‘section
270’’ and inserting in lieu thereof ‘‘section 10147’’;
and
(2) in paragraph (4)—
(A) by striking out ‘‘section 672(a),
672(g), 673, 673b, 673c, or 688’’ in subpara-
graph (A) and inserting in lieu thereof ‘‘section
HR 2289 RFS
688, 12301(a), 12301(g), 12302, 12304, or
12305’’;
(B) by striking out ‘‘section 673b’’ in sub-
paragraph (C) and inserting in lieu thereof
‘‘section 12304’’; and
(C) by striking out ‘‘section 3500 or 8500’’
in subparagraph (E) and inserting in lieu there-
of ‘‘section 12406’’.
SEC. 305. REEMPLOYMENT POSITIONS.
Section 4313(a)(4) is amended—
(1) by striking out ‘‘uniform services’’ in clause
(A)(ii) and inserting in lieu thereof ‘‘uniformed serv-
ices’’; and
(2) by striking out ‘‘of lesser status and pay
which’’ and inserting in lieu thereof ‘‘which is the
nearest approximation to a position referred to first
in clause (A)(i) and then in clause (A)(ii) which’’.
SEC. 306. LEAVE.
Section 4316(d) is amended by adding at the end the
following new sentence: ‘‘No employer may require any
such person to use vacation, annual or similar leave during
such period of service.’’.
SEC. 307. HEALTH PLANS.
Section 4317(a) is amended—
HR 2289 RFS
(1) by striking out ‘‘(a)(1)(A) subject to para-
graphs (2) and (3), in’’ and inserting in lieu thereof
‘‘(a)(1) In’’;
(2) by redesignating clauses (i) and (ii) of para-
graph (1) (as amended by paragraph (1) of this sec-
tion) as subparagraphs (A) and (B), respectively;
(3) by redesignating subparagraph (B) as para-
graph (2); and
(4) by redesignating subparagraph (C) as para-
graph (3), and in that paragraph by redesignating
clauses (i) and (ii) as subparagraphs (A) and (B),
and by redesignating subclauses (I) and (II) as
clauses (i) and (ii), respectively.
SEC. 308. EMPLOYEE PENSION BENEFIT PLANS.
The last sentence of section 4318(b)(2) is amended
by striking out ‘‘services,’’ and inserting in lieu thereof
‘‘services, such payment period’’.
SEC. 309. ENFORCEMENT OF EMPLOYMENT OR REEMPLOY-
MENT RIGHTS.
(a) TECHNICAL AMENDMENT.—The second sentence
of section 4322(d) is amended by inserting ‘‘attempt to’’
before ‘‘resolve’’.
(b) NOTIFICATION.—Section 4322(e) of is amend-
ed—