In the Senate of the United States,
November 8 (legislative day, November 2), 1993.
Resolved, That the bill from the House of Representa-
tives (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 mem-
bers of the uniformed services, and for other purposes’’, do
pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Uniformed Services Em-
ployment and Reemployment Rights Act of 1993’’.
SEC. 2. REVISION OF CHAPTER 43 OF TITLE 38.
(a) RESTATEMENT AND IMPROVEMENT OF EMPLOY-
MENT AND REEMPLOYMENT RIGHTS.—Chapter 43 of title
38, United States Code, is amended to read as follows:
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‘‘CHAPTER 43—EMPLOYMENT AND REEM-
PLOYMENT RIGHTS OF MEMBERS OF
THE UNIFORMED SERVICES
‘‘SUBCHAPTER I—GENERAL
‘‘Sec.
‘‘4301. Purposes; sense of Congress.
‘‘4302. Relation to other law; construction.
‘‘4303. Definitions.
‘‘4304. Character of service.
‘‘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. 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 rights with respect to a State or private employer.
‘‘4323. Enforcement of rights with respect to the Federal executive agencies.
‘‘4324. Enforcement of rights with respect to certain Federal agencies.
‘‘4325. Conduct of investigation; subpoenas.
‘‘SUBCHAPTER IV—MISCELLANEOUS
‘‘4331. Regulations.
‘‘4332. 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;
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‘‘(2) to minimize the disruption to the lives of
persons performing service in the uniformed services
as well as to their employers, their fellow employees,
and their communities, by providing for the prompt
reemployment of such persons upon their completion
of such service under honorable conditions; and
‘‘(3) to prohibit discrimination against persons
because of their service in the uniformed services.
‘‘(b) It is the sense of Congress that the Federal Gov-
ernment should be a model employer in carrying out the
provisions of this chapter.
‘‘§ 4302. Relation to other law; construction
‘‘(a) Nothing in this chapter shall supersede, nullify
or diminish any Federal or State law (including any local
law or ordinance) or employer practice, policy, agreement,
or plan that establishes a right or benefit that is more bene-
ficial 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) or employer practice, policy,
agreement, or plan that reduces, limits, or eliminates in
any manner any right or benefit provided by this chapter,
including the establishment of additional prerequisites to
the exercise of any such right or the receipt of any such
benefit.
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‘‘§ 4303. Definitions
‘‘For the purposes of this chapter—
‘‘(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 an employer
practice or custom 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 opportunity to select work
hours or location of employment.
‘‘(3)(A) The term ‘employee’ means any person
employed by an employer.
‘‘(B) With respect to employment in a foreign
country, the term ‘employee’ includes an individual
who is a citizen of the United States.
‘‘(4)(A) Except as provided in subparagraphs
(B) and (C), the term ‘employer’ means any person,
institution, organization, or other entity that pays
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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
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 of this title.
‘‘(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 4317 of this title.
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‘‘(9) The term ‘qualified’, with respect to an em-
ployment position, means having the ability to per-
form the essential tasks of the position.
‘‘(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) The term ‘Secretary’ means the Secretary
of Labor or any person designed by such Secretary to
carry out an activity 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.
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‘‘(14) The term ‘State’ means each of the several
States of the United States, the District of Columbia,
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-
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ture, and functions of the work force of such em-
ployer; the geographic separateness, administra-
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.
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‘‘(3) A dismissal of such person permitted under
section 1161(a) of title 10.
‘‘(4) A dropping of such person from the rolls
pursuant to section 1161(b) of title 10.
‘‘SUBCHAPTER 
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, service, applica-
tion 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
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demonstrate that the action would have been taken in the
absence of such membership, application for membership,
performance, 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.
‘‘(d)(1) An employer may take an action otherwise
prohibited by this section with respect to an employee in
a workplace in a foreign country if compliance with such
section would cause such employer to violate the law of the
foreign country in which the workplace is located.
‘‘(2) If an employer controls a corporation incor-
porated and located in a foreign country, any practice pro-
hibited by this chapter that is engaged in by such corpora-
tion shall be presumed to be engaged in by such employer.
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‘‘(3)(A) The prohibitions of this section shall not apply
to a foreign employer not controlled by an American em-
ployer.
‘‘(B) For purposes of this paragraph the determination
of whether an employer controls a corporation shall be based
on—
‘‘(i) the interrelation of operations;
‘‘(ii) the common management;
‘‘(iii) the centralized control of labor relations;
and
‘‘(iv) the common ownership or financial control
of the employer and the corporation.
‘‘§ 4312. Reemployment rights of persons who serve in
the uniformed services
‘‘(a) Subject to subsections (b), (c), and (d), any person
who is absent from a position of employment by reason of
service in the uniformed services shall be entitled to the re-
employment rights and benefits and other employment bene-
fits of this chapter if—
‘‘(1) the person (or an appropriate officer of the
uniformed service in which such service is performed)
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
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with that employer by reason of service in the uni-
formed services does not exceed five years; and
‘‘(3) the person reports to, or submits an appli-
cation for reemployment to, such employer in accord-
ance with subsection (e).
‘‘(b) No notice is required under subsection (a)(1) if
the giving of such notice is precluded by military necessity
or the giving of such notice is otherwise impossible or unrea-
sonable. A determination of military necessity for the pur-
poses of this subsection shall be made pursuant to regula-
tions 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—
‘‘(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
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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;
‘‘(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;
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the employer shall have the burden of proving the impos-
sibility or unreasonableness or undue hardship.
‘‘(e)(1) Subject to paragraph (2), a person referred to
in subsection (a) shall, upon the completion of a period of
service in the uniformed services, notify the employer re-
ferred to in such subsection of the person’s intent to return
to a position of employment with such employer as follows:
‘‘(A) In the case of a person whose period of 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
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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
than 14 days after the completion of the period of
service.
‘‘(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
by, 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.
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‘‘(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
the period specified in subparagraph (A) impossible or un-
reasonable.
‘‘(3) A person who fails to report for employment or
reemployment within the appropriate period specified in
this subsection shall not automatically forfeit such person’s
entitlement to the rights and benefits referred to in sub-
section (a) but shall be subject to the conduct rules, estab-
lished policy, and general practices of the employer pertain-
ing 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 of this title.
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‘‘(2) Documentation of any matter referred to in para-
graph (1) that satisfies regulations prescribed by the Sec-
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 4317(a)(2)(A) of this
title.
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‘‘(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.
‘‘(g) The right of a person to reemployment under this
section shall not entitle such person to retention, preference,
or displacement rights over any person with a superior
claim under the provisions of title 5, United States Code,
relating to veterans and other preference eligibles.
‘‘(h) In any determination of a person’s entitlement
to protection under this chapter, the timing, frequency, and
duration of the person’s training or service, or the nature
of such training or service (including voluntary service) in
the uniformed services, shall not be a basis for denying pro-
tection of this chapter if the service does not exceed the limi-
tations set forth in subsection (c) and the notice require-
ments established in subsection (a)(1) and the notification
requirements established in subsection (e) are met.
‘‘§ 4313. Reemployment positions
‘‘(a) Subject to subsection (b) (in the case of any em-
ployee) and section 4314 of this title (in the case of an em-
ployee of the Federal Government), a person entitled to re-
employment under section 4312 of this title upon comple-
tion of a period of service in the uniformed services shall
be promptly reemployed in a position of employment in ac-
cordance with the following order of priority:
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‘‘(1) Except as provided in paragraphs (3) and
(4), in the case of a person whose period of service in
the uniformed services was for less than 31 days—
‘‘(A) in the position of employment in
which the person would have been employed if
the continuous employment of such person with
the employer had not been interrupted by such
service, the duties of which the person is quali-
fied to perform; or
‘‘(B) if the person is not qualified to per-
form the duties of the position referred to in sub-
paragraph (A), after reasonable efforts by the
employer to qualify the person, in the position of
employment in which the person was employed
on the date of the commencement of the service
in the uniformed services.
‘‘(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 30 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,
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and pay, the duties of which the person is quali-
fied to perform; or
‘‘(B) if the person is not qualified to per-
form the duties of a position referred to in sub-
paragraph (A), after reasonable efforts by the
employer to qualify the person, in the position of
employment in which the person was employed
on the date of the commencement of the service
in the uniformed services, or a position of like
seniority, status and pay, the duties of which the
person is qualified to perform.
‘‘(3) In the case of a person who has a disability
incurred in, or aggravated by, such service, and who
(after reasonable efforts by the employer to accommo-
date the disability) is not qualified due to such dis-
ability to be employed in the position of employment
in which the person would have been employed if the
continuous employment of such person with the em-
ployer had not been interrupted by such service—
‘‘(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
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‘‘(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.
‘‘(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 by,
service in the uniformed services), and (B) cannot be-
come qualified with reasonable efforts by the em-
ployer, 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 of this title in the same position
of employment and more than one of them has reported for
such reemployment, the person who left the position first
shall have the prior right to reemployment in that position.
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‘‘(2) Any person entitled to reemployment under sec-
tion 4312 of this title who is not reemployed in a position
of employment by reason of paragraph (1) shall be entitled
to be reemployed as follows:
‘‘(A) Except as provided in subparagraph (B),
in any other position of employment referred to in
subsection (a)(1) or (a)(2), as the case may be (in the
order of priority set out in the applicable subsection),
that provides a similar status and pay to a position
of employment referred to in paragraph (1) of this
subsection, consistent with circumstances of such per-
son’s case, with full seniority.
‘‘(B) In the case of a person who has a disability
incurred in, or aggravated by, service in the uni-
formed services that requires reasonable efforts by the
employer for the person to be able to perform the du-
ties of the position of employment, in any position re-
ferred to in subsection (a)(3) (in the order of priority
set out in that subsection) that provides a similar sta-
tus and pay to a position referred to in paragraph
(1), consistent with circumstances of such person’s
case, with full seniority.
‘‘§ 4314. Reemployment by the Federal Government
‘‘(a) Except as provided in subsections (b), (c), and
(d), if a person is entitled to reemployment by the Federal
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Government under section 4312 of this title, such person
shall be reemployed in a position of employment as de-
scribed in section 4313 of this title.
‘‘(b)(1) If the Director of the Office of Personnel Man-
agement makes a determination described in paragraph (2)
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 of this title 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.
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‘‘(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-
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.
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‘‘(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 of this title.
‘‘(c)(1) The regulations prescribed under subsection (a)
shall designate an official at the agency who shall determine
whether or not the reemployment of a person referred to
in subsection (b) by the agency is impossible or unreason-
able.
‘‘(2) Upon making a determination that the reemploy-
ment by the agency of a person referred to in subsection
(b) is impossible or unreasonable, the official referred to in
paragraph (1) shall notify the person and the Director of
the Office of Personnel Management of such determination.
‘‘(3) A determination pursuant to this subsection shall
not be subject to judicial review.
‘‘(4) The head of each agency referred to in subsection
(a) shall submit to the Select Committee on Intelligence of
the Senate and the Permanent Select Committee on Intel-
ligence of the House of Representatives on an annual basis
a report on the number of persons whose reemployment with
the agency was determined under this subsection to be im-
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possible or unreasonable during the year preceding the re-
port, including the reason for each such determination.
‘‘(d)(1) Except as provided in this section, nothing in
this section, section 4313 of this title, or section 4324 of
this title shall be construed to exempt any agency referred
to in subsection (a) from compliance with any other sub-
stantive provision of this chapter.
‘‘(2) This section may not be construed—
‘‘(A) 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
‘‘(B) 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.
‘‘(e) The Director of the Office of Personnel Manage-
ment shall ensure the offer of employment to a person in
a position in a Federal executive agency on the basis de-
scribed in subsection (b) if—
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‘‘(1) the person was an employee of an agency
referred to in section 2302(a)(2)(C)(ii) of title 5 at
the time the person entered the service from which the
person seeks reemployment under this section;
‘‘(2) the appropriate officer of the agency deter-
mines under section 4315(c) of this title that reem-
ployment 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
after a period of service in the uniformed services is entitled
to the seniority and other rights and benefits determined
by seniority that the person had on the date of the com-
mencement of such service plus the additional seniority and
rights and benefits that such person would have attained
if the person had remained continuously employed.
‘‘(b)(1)(A) Subject to paragraphs (2) through (6), a
person who performs service in the uniformed services shall
be—
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‘‘(i) deemed to be on furlough or leave of absence
while performing such service; and
‘‘(ii) entitled to such other rights and benefits
not determined by seniority as are generally provided
by the employer of the person to employees having
similar seniority, status, and pay who are on fur-
lough or leave of absence under a practice, policy,
agreement, or plan in effect at the commencement of
such service or established while such person performs
such service.
‘‘(B) Such person may be required to pay the employee
cost, if any, of any funded benefit continued pursuant to
subparagraph (A) to the extent other employees on furlough
or leave of absence are so required. In the case of a multiem-
ployer plan, as defined in section 3(37) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1002(37)), any liability of the plan arising under this
paragraph shall be allocated by the plan in such manner
as the sponsor maintaining the plan may provide (or, if
the sponsor does not so provide, shall be allocated to the
last employer employing the person before the period served
by the person in the uniformed services).
‘‘(2) 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
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to any benefits which the person would not otherwise be en-
titled if the person were not on a furlough or leave of ab-
sence.
‘‘(3) A person is not entitled under this subsection to
coverage under a health plan to the extent that the person
is entitled to care or treatment from the Federal Govern-
ment as a result of such person’s service in the uniformed
services.
‘‘(4) A person is not entitled under this subsection to
coverage, under a disability insurance policy, of an injury
or disease incurred or aggravated during a period of active
duty service in excess of 31 days to the extent such coverage
is excluded or limited by a provision of such policy.
‘‘(5) A person is not entitled under this subsection to
coverage, under a life insurance policy, of a death incurred
by the person as a result of the person’s participation in,
or assignment to an area of, armed conflict to the extent
that such coverage is excluded or limited by a provision
of such policy.
‘‘(6) The requirement that an employer provide rights
or benefits under paragraph (1) to a person deemed to be
on furlough or leave of absence shall expire on the earlier
of—
‘‘(A) the date of the end of the 18-month period
that begins on the date on which the person com-
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mences the performance of the service referred to in
paragraph (1); or
‘‘(B) the date of the expiration of the person’s ob-
ligation with respect to such service to notify the per-
son’s employer of the person’s intent to return to a
position of employment under section 4312(e) of this
title.
‘‘(7) The entitlement of a person to a right or benefit
under an employee pension benefit plan is provided for
under section 4317 of this title.
‘‘(c)(1)(A) Subject to paragraphs (2) and (3), if a per-
son’s employer-sponsored health-plan coverage would other-
wise terminate due to an extended absence from employ-
ment for purposes of performing service in the uniformed
services, the person may elect to continue health-plan cov-
erage acquired through civilian employment in accordance
with this paragraph so that such coverage continues for not
more than 18 months after such absence begins.
‘‘(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 (determined in
the same manner as the applicable premium under section
4980B(f)(4) of the Internal Revenue Code of 1986 (26
U.S.C. 4980B(f)(4))) associated with such coverage for the
employer’s other employees, except that in the case of a per-
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son who performs a period of service in the uniformed serv-
ices for less than 31 days, such person may not be required
to pay more than the employee share, if any, for such cov-
erage.
‘‘(C) In the case of a multiemployer plan, as defined
in section 3(37) of the Employee Retirement Income Secu-
rity Act of 1974 (29 U.S.C. 1002(37)), any liability of the
plan arising under this paragraph shall be allocated by the
plan in such manner as the sponsor maintaining the plan
may provide (or, if the sponsor does not so provide, shall
be allocated to the last employer employing the person before
the period served by the person in the uniformed services).
‘‘(2) A person who elects to continue health-plan cov-
erage under this subsection shall not be entitled to coverage
under the plan to the extent that the person is entitled to
care or treatment from the Federal Government as a result
of such person’s service in the uniformed services.
‘‘(3) The period of coverage of a person and the per-
son’s dependents under a continuation of health-plan cov-
erage elected by the person under this subsection shall be
the lesser of—
‘‘(A) the 18-month period beginning on the date
on which the absence referred to in paragraph (1) be-
gins; or
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‘‘(B) the aggregate of the period of the person’s
service in the uniformed services and the period in
which the person is required to notify the person’s em-
ployer of the person’s intent to return to a position
of employment under section 4312(e) of this title.
‘‘(d)(1) Except as provided in paragraph (2), in the
case of a person whose coverage by an employer-sponsored
health plan as an employee is terminated by reason of the
service of such person in the uniformed services, an exclu-
sion or waiting period may not be imposed in connection
with the reinstatement of the coverage of the person upon
reemployment under this chapter, or in connection with
any other individual who is covered by the health plan by
reason of the reinstatement of the coverage of such person
upon reemployment, if an exclusion or waiting period
would not have been imposed under such health plan had
coverage of such person by such health plan not been termi-
nated as a result of such service.
‘‘(2) Paragraph (1) shall not apply to the condition
of a person if the Secretary determines that the condition
was incurred or aggravated during active military, naval,
or air service.
‘‘(e) A person who is reemployed by an employer under
this chapter shall not be discharged from such employment,
except for cause—
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‘‘(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.
‘‘(f)(1) Any person described in paragraph (2) whose
employment with an employer referred to in that para-
graph is interrupted by a period of service in the uniformed
services shall be permitted, upon request of that person, to
use during such period of service any vacation or annual
leave with pay accrued by the person before the commence-
ment of such service.
‘‘(2) A person entitled to the benefit described in para-
graph (1) is a person who—
‘‘(A) has accrued vacation or annual leave with
pay under a policy or practice of a State (as an em-
ployer) or private employer; or
‘‘(B) has accrued such leave as an employee of
the Federal Government pursuant to subchapter I of
chapter 63 of title 5.
‘‘§ 4317. Employee pension benefit plans
‘‘(a)(1)(A) Except as provided in subparagraph (B),
in the case of a right provided pursuant to an employee
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pension benefit plan described in section 3(2) of the Em-
ployee Retirement Income Security Act of 1974 (29 U.S.C.
1002(2)) or a right provided under any Federal or State
law governing pension benefits for governmental employees,
the right to pension benefits of a person reemployed 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.
This subparagraph shall not be construed to affect any other
right or benefit under this chapter.
‘‘(2)(A) Except as provided in section 4312(f)(3)(B) of
this title, a person reemployed under this chapter shall be
treated as not having incurred a break in service with the
employer or employers maintaining the plan by reason of
such person’s period or periods of service in the uniformed
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 purpose of determining the
nonforfeitability of the person’s accrued benefits and for the
purpose of determining the accrual of benefits under the
plan.
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‘‘(b)(1) An employer reemploying a person under this
chapter shall be liable to an employee benefit pension plan
for funding any obligation of the plan to provide the bene-
fits described in subsection (a)(2). For purposes of deter-
mining the amount of such liability and for purposes of
section 515 of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1145) or any similar Federal or
State law governing pension benefits for governmental em-
ployees, service in the uniformed services that is deemed
under subsection (a) to be service with the employer shall
be deemed to be service with the employer under the terms
of the plan or any applicable collective bargaining agree-
ment. In the case of a multiemployer plan, as defined in
section 3(37) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1002(37)), any liability of the plan
described in this paragraph shall be allocated by the plan
in such manner as the sponsor maintaining the plan may
provide (or, if the sponsor does not so provide, shall be allo-
cated to the last employer employing the person before the
period described in subsection (a)(2)(B)).
‘‘(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 only to the extent the per-
son elects to make employee contributions or elective defer-
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rals that are attributable to the period of service described
in subsection (a)(2)(B). No such contributions or deferrals
may exceed the amount the person or employer would have
been permitted or required to make had the person re-
mained continuously employed by the employer throughout
the period of service described in subsection (a)(2)(B). Any
employee contribution or deferral to the plan described in
this paragraph shall be made during any reasonable contin-
uous period (beginning with the date of reemployment) as
the employer and the person may agree but in no event shall
such person be afforded a payment period shorter than the
length of absence for service for which the payments are due.
‘‘(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)—
‘‘(A) shall be computed at the rate the employee
would have received but for the absence during the pe-
riod of service; or
‘‘(B) if the employee’s compensation was not
based on a fixed rate, shall be computed on the basis
of the employee’s average rate of compensation during
the 12-month period immediately preceding such pe-
riod (or, if shorter, the period of employment imme-
diately preceding such period).
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‘‘(4) Notwithstanding any other provision of this sec-
tion—
‘‘(A) no earnings shall be credited to an em-
ployee with respect to any contribution prior to such
contribution being made; and
‘‘(B) any forfeitures during the period described
in subsection (a)(2)(B) shall not be allocated to per-
sons reemployed under this chapter.
‘‘(c) Any employer who reemploys a person under this
chapter and who is an employer contributing to a multiem-
ployer plan, as defined in section 3(37) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1002(37)), under which benefits are or may be payable to
such person by reason of the obligations set forth in this
chapter, shall, within 30 days after the date of such reem-
ployment, provide notice of such reemployment to the ad-
ministrator of such plan.
‘‘(d) No provision of this section shall apply to the ex-
tent it—
‘‘(1) requires any action to be taken which would
cause the plan, any of its participants, or employer
to suffer adverse tax or other consequences under the
Internal Revenue Code of 1986; or
‘‘(2) requires contributions to be returned or re-
allocated, or additional contributions to be made,
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with respect to employees not reemployed under this
chapter.
‘‘SUBCHAPTER III—PROCEDURES FOR ASSIST-
ANCE, ENFORCEMENT, AND INVESTIGATION
‘‘§ 4321. Assistance in obtaining reemployment or
other employment rights or benefits
‘‘(a) 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.
‘‘(b)(1)(A) A person referred to in subparagraph (B)
may submit a complaint to the Secretary with respect to
the matters described in clause (ii) of such subparagraph.
Such complaint shall be submitted in accordance with sub-
section (c).
‘‘(B) A person may submit a complaint under sub-
paragraph (A) if the person claims—
‘‘(i) to be entitled under this chapter to employ-
ment or reemployment rights or benefits with respect
to employment by an employer; and
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‘‘(ii) that the employer (including the Office of
Personnel Management, if the employer is the Federal
Government) has failed or refused, or is about to fail
or refuse, to comply with the provisions of this chap-
ter.
‘‘(2) The Secretary shall, upon request, provide tech-
nical assistance to a potential claimant with respect to a
complaint under this subsection, and to such claimant’s em-
ployer.
‘‘(c) A complaint submitted under subsection (b) shall
be in a form prescribed by the Secretary and shall in-
clude—
‘‘(1) the name and address of the employer or
potential employer against whom the complaint is di-
rected; and
‘‘(2) a summary of the allegations upon which
the complaint is based.
‘‘(d) The Secretary shall investigate each complaint
submitted pursuant to subsection (b). 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.
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‘‘(e) If the efforts of the Secretary with respect to a
complaint under subsection (d) are unsuccessful, the Sec-
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 4322 of this title (in the case of a per-
son submitting a complaint against a State or pri-
vate employer) or section 4323 of this title (in the
case of a person submitting a complaint against the
Federal Government).
‘‘(f) This subchapter does not apply to any action re-
lating to benefits to be provided under the Thrift Savings
Plan under title 5.
‘‘§ 4322. 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 4321(e) of this title of an un-
successful effort to resolve a complaint relating to a State
(as an employer) or a private employer may request that
the Secretary refer the complaint to the Attorney General.
If the Attorney General is reasonably satisfied that the per-
son on whose behalf the complaint is referred is entitled to
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the rights or benefits sought, the Attorney General may ap-
pear on behalf of, and act as attorney for, the person on
whose behalf the complaint is submitted and commence an
action for appropriate relief for such person in an appro-
priate United States district court.
‘‘(2)(A) A person referred to in subparagraph (B) may
commence an action for appropriate relief in an appro-
priate United States district court.
‘‘(B) A person entitled to commence an action for relief
with respect to a complaint under subparagraph (A) is a
person who—
‘‘(i) has chosen not to apply to the Secretary for
assistance regarding the complaint under section
4321(c) of this title;
‘‘(ii) has chosen not to request that the Secretary
refer the complaint to the Attorney General under
paragraph (1); or
‘‘(iii) 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
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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 entitled to a right or benefit under this chapter—
‘‘(i) to require the employer to comply with the
provisions of this chapter;
‘‘(ii) to require the State or private employer, as
the case may be, to compensate the person for any loss
of wages or benefits suffered by reason of such employ-
er’s failure to comply with the provisions of this
chapter; and
‘‘(iii) to 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.
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‘‘(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 and temporary re-
straining 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, and not by an employer, prospective employer, or
other entity with obligations under this chapter.
‘‘(5) In any such action, only a State and local govern-
ment (as an employer), an employer, or a potential em-
ployer, as the case may be, shall be a necessary party re-
spondent.
‘‘(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.
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‘‘§ 4323. Enforcement of rights with respect to Federal
executive agencies
‘‘(a)(1) A person who receives from the Secretary a no-
tification pursuant to section 4321(e) of this title of an un-
successful effort 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 Special 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
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 decides not to initiate an
action 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)(1) A person referred to in paragraph (2) may sub-
mit a complaint against a Federal executive agency under
this subchapter directly to the Merit Systems Protection
Board. A person who seeks a hearing or adjudication by
submitting such a complaint under this paragraph may be
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represented at such hearing or adjudication in accordance
with the rules of the Board.
‘‘(2) A person entitled to submit a complaint to the
Merit Systems Protection Board under paragraph (1) is a
person who—
‘‘(A) has chosen not to apply to the Secretary for
assistance regarding a complaint under section
4321(c) of this title;
‘‘(B) has received a notification from the Sec-
retary under section 4321(e) of this title;
‘‘(C) has chosen not to be represented before the
Board by the Special Counsel pursuant to subsection
(a)(2)(A); or
‘‘(D) 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
to subsection (a)(2)(A) or (b)(1).
‘‘(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
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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 (1) 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 a complaint submitted
by a person directly to the Board pursuant to subsection
(b)(1) 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) A person adversely affected or aggrieved by a final
order or decision of the Merit Systems Protection 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 accordance
with the procedures set forth in section 7703 of title 5.
‘‘(e) A person may be represented by the Special Coun-
sel in an action for review of a final order or decision issued
by the Merit Systems Protection Board pursuant to sub-
section (c) that is brought pursuant to section 7703 of title
5 unless the person was not represented by the Special
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Counsel before the Merit Systems Protection Board regard-
ing such order or decision.
‘‘§ 4324. 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 of
this title was not in accordance with procedures for
the reemployment 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-
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 4321(d) of this title.
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‘‘(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.
‘‘§ 4325. Conduct of investigation; subpoenas
‘‘(a) In carrying out any investigation under this
chapter, the Secretary’s duly authorized representatives
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
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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 district courts shall have jurisdiction to punish failure
to obey a subpoena or other lawful order of the Secretary
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.
‘‘SUBCHAPTER IV—MISCELLANEOUS
‘‘§ 4331. Regulations
‘‘(a) The Secretary (in consultation with the Secretary
of Defense) may prescribe regulations implementing the
provisions of this chapter with respect to States and local
governments (as employers) and private employers.
‘‘(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
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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.
‘‘(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.
‘‘§ 4332. 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 employers under this chapter.’’.
(b) TABLE OF CHAPTERS.—The tables of chapters at
the beginning of title 38, United States Code, and the begin-
ning 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’’.
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(c) REPORT RELATING TO IMPLEMENTATION OF RE-
EMPLOYMENT RIGHTS PROVISIONS.—Not later than one
year after the date of the enactment of this Act, the Sec-
retary of Labor, the Attorney General of the United States,
and the Special Counsel referred to in section 4323(a)(1)
of title 38, United States Code (as added by subsection (a)),
shall each submit a report to the Congress relating to the
implementation of chapter 43 of such title (as added by such
subsection).
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 an entitlement to rights and benefits
under chapter 43 of this title.’’.
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SEC. 4. REPEAL OF TITLE 5 PROVISIONS RELATING TO RE-
EMPLOYMENT RIGHTS OF RESERVISTS.
(a) REPEAL.—Subchapter II of chapter 35 of title 5,
United States Code, is repealed.
(b) CONFORMING AMENDMENT.—The table of sections
at the beginning of such chapter is amended by striking
out the items relating to subchapter II and section 3551.
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
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)(1) of such title is amended—
(1) by striking out ‘‘Each employee’’ and insert-
ing in lieu thereof ‘‘(A) Except as provided in sub-
paragraph (B), each employee’’; and
(2) by adding at the end the following:
‘‘(B) In any case where military service interrupts
creditable civilian service under this subchapter and reem-
ployment pursuant to chapter 43 of title 38 occurs on or
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after August 1, 1990, the deposit payable under this para-
graph may not exceed the amount that would have been de-
ducted and withheld under subsection (a)(1) from basic pay
during civilian service if the employee had not performed
the period of military service.’’.
(c) CREDITABLE MILITARY SERVICE UNDER FERS.—
Section 8401(31) of such title is amended in the flush mat-
ter by inserting ‘‘or full-time National 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 chap-
ter 43 of title 38 that occurs on or after August 1, 1990’’
before the semicolon.
(d) PAY DEDUCTIONS FOR MILITARY SERVICE UNDER
FERS.—Section 8422(e)(1) of such title is amended—
(1) by striking out ‘‘Each employee’’ and insert-
ing in lieu thereof ‘‘(A) Except as provided in sub-
paragraph (B), each employee’’; and
(2) by adding at the end the following:
‘‘(B) In any case where military service interrupts
creditable civilian service under this subchapter and reem-
ployment pursuant to chapter 43 of title 38 occurs on or
after August 1, 1990, the deposit payable under this para-
graph may not exceed the amount that would have been de-
ducted and withheld under subsection (a)(1) from basic pay
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during civilian service if the employee had not performed
the period of military service.’’.
(e) TECHNICAL AMENDMENTS.—Title 5, United States
Code, is amended as follows:
(1) In section 8401(11), by striking out ‘‘1954’’
in the flush matter above clause (i) and inserting in
lieu thereof ‘‘1986’’.
(2) In section 8422(a)(2)(A)(ii), by striking out
‘‘1954’’ and inserting in lieu thereof ‘‘1986’’.
(3) In section 8432(d), by striking out ‘‘1954’’ in
the first sentence and inserting in lieu thereof ‘‘1986’’.
(4) In section 8433(i)(4), by striking out ‘‘1954’’
and inserting in lieu thereof ‘‘1986’’.
(5) In section 8440—
(A) by striking out ‘‘1954’’ in subsection (a)
and inserting in lieu thereof ‘‘1986’’; and
(B) by striking out ‘‘1954’’ in subsection (c)
and inserting in lieu thereof ‘‘1986’’.
SEC. 6. 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—
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‘‘(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);
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‘‘(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)(A) The Executive Director shall prescribe the
time, form, and manner in which an employee may speci-
fy—
‘‘(i) the total amount such employee wishes to
contribute under this subsection with respect to any
particular period referred to in paragraph (2)(B);
and
‘‘(ii) the period of time over which the employee
wishes to make contributions under this subsection.
‘‘(B) The employing agency may place a maximum
limit on the period of time referred to in subparagraph
(A)(ii), which cannot be shorter than two times the period
referred to in paragraph (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
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‘‘(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 serv-
ice.
‘‘(f) Amounts paid under subsection (c) or (d) shall
be paid—
‘‘(1) by the agency to which the employee is re-
stored or in which such employee is reemployed;
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‘‘(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.
‘‘(g)(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.
‘‘(h) The Executive Director shall prescribe regulations
to carry out this section.’’.
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(2) The table of sections at the beginning of chapter
84 of title 5, United States Code, is amended by inserting
after the item relating to section 8432a the following:
‘‘8432b. Contributions of persons who perform military service.’’.
(b) PRESERVATION OF CERTAIN RIGHTS.—(1) 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(g)(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(g)(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
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‘‘(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
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‘‘(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 (as added by section
2(a)), occurs on or after August 1, 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 restored or reemployed in a position
of employment (in the circumstances described in section
8432b(a) of title 5, United States Code, as amended by this
section) before the date of enactment of this Act, the amend-
ments 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