employment under section 4312 upon completion of a pe-
riod of service in the uniformed services shall be promptly
reemployed in a position of employment in accordance
with the following priorities:
‘‘(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 91
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) in the position of employment in
which the person was employed on the date of
the commencement of the service in the uni-
formed services, only if the person is not quali-
fied to perform the duties of the position re-
ferred to in subparagraph (A) after reasonable
efforts by the employer to qualify the person.
‘‘(2) Except as provided in paragraphs (3) and
(4), in the case of a person whose period of service
in the uniformed services was for more than 90
days—
‘‘(A) in the position of employment in
which the person would have been employed if
the continuous employment of such person with
the employer had not been interrupted by such
service, or a position of like seniority, status
and pay, the duties of which the person is quali-
fied to perform; or
‘‘(B) in the position of employment in
which the person was employed on the date of
the commencement of the service in the uni-
formed services, or a position of like seniority,
status and pay, the duties of which the person
is qualified to perform, only if the person is not
qualified to perform the duties of a position re-
ferred to in subparagraph (A) after reasonable
efforts by the employer to qualify the person.
‘‘(3) In the case of a person who has a disabil-
ity incurred in, or aggravated by, a period of service
in the uniformed services, and if, after reasonable ef-
forts by the employer to accommodate the disability,
such person is not qualified due to such disability to
be employed in the position of employment in which
the person would have been employed if the continu-
ous employment of such person with the employer
had not been interrupted by such service—
‘‘(A) in any other position which is equiva-
lent in seniority, status, and pay, the duties of
which the person is qualified to perform or
would become qualified to perform with reason-
able efforts by the employer; or
‘‘(B) if not employed under subparagraph
(A), in a position which is the nearest approxi-
mation to a position referred to in subpara-
graph (A) in terms of seniority, status, and pay
consistent with circumstances of such person’s
case.
‘‘(4) In the case of a person who is not quali-
fied 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 or
in the position of employment in which such person
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,
a period of service in the uniformed services and
who cannot become qualified with reasonable efforts
by the employer, in any other position of lesser sta-
tus and pay which such person is qualified to per-
form, with full seniority.
‘‘(b)(1) If two or more persons are entitled to reem-
ployment under section 4312 in the same position of em-
ployment 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.
‘‘(2) Any person entitled to reemployment under sec-
tion 4312 who is not reemployed in a position of employ-
ment by reason of paragraph (1) shall be entitled to reem-
ployment 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 sub-
section), 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 person’s case, with full seniority.
‘‘(B) In the case of a person who has a disabil-
ity incurred in, or aggravated by, a period of service
in the uniformed services that requires reasonable
efforts by the employer for the person to be able to
perform the duties of the position of employment, in
any other position referred to in subsection (a)(3)
(in the order of priority set out in that subsection)
that provides a similar status and pay to a position
referred to in paragraph (1) of this subsection, con-
sistent 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
Government under section 4312, such person shall be re-
employed in a position of employment as described in sec-
tion 4313.
‘‘(b) If the employer of a person described in sub-
section (a) was, at the time such person entered service
in the uniformed services, an agency in the executive
branch, and the Director of the Office of Personnel Man-
agement determines that—
‘‘(1) such employer no longer exists and its
functions have not been transferred to another part
of the executive branch; or
‘‘(2) it is impossible or unreasonable for such
employer to reemploy such person,
the Director shall identify an alternative position of like
seniority, status, and pay for which such person is quali-
fied in another part of the executive branch, and the
Director shall cause employment in such position to be
offered to such person.
executive branch of the Federal Government on the same
basis as described in subsection (b).
‘‘§ 4315. Rights, benefits, and obligations of persons
absent from employment for service in a
uniformed service
‘‘(a) A person who is reemployed under this chapter
is entitled to the seniority and other rights and benefits
determined by seniority that the person had on the date
of the commencement of service in the uniformed services
plus the additional seniority and rights and benefits that
such person would have attained if the person had re-
mained continuously employed.
‘‘(b) A person who performs service in the uniformed
services is considered to be on furlough or leave of absence
while in the uniformed services and is also entitled to such
other rights and benefits, not determined by seniority, re-
lating to other employees on furlough or leave of absence
which were in effect by contract, practice, policy, agree-
ment, or plan at the commencement of such period of serv-
ice or were established while such person is performing
such service. Such person may be required to pay the em-
ployee cost, if any, of any funded benefit continued pursu-
ant to the preceding sentence to the extent other employ-
ees on furlough or leave of absence are so required.
‘‘(c)(1) Notwithstanding subsection (b), a person who
performs service in the uniformed services shall, at such
person’s request, continue to be covered by any insurance
provided by such employer for up to 18 months. Such per-
son may be required to pay the entire cost of any benefit
continued pursuant to the preceding sentence, except that
in the case of persons ordered to training or service for
fewer than 31 days, such person may be required to pay
only the employee share, if any, of the cost of such benefit.
‘‘(2) In the case of employer-sponsored health bene-
fits, an exclusion or waiting period may not be imposed
in connection with coverage of a health or physical condi-
tion of a person entitled to participate in these benefits,
either under paragraph (1) or upon reinstatement, or in
connection with a health or physical condition of any other
person who is covered by the benefit by reason of the cov-
erage of such person, if—
‘‘(A) the condition arose before or during that
person’s period of training or service in the uni-
formed services;
‘‘(B) an exclusion or waiting period would not
have been imposed for the condition during a period
of coverage resulting from participation by such per-
son in the benefits; and
‘‘(C) the condition of such person has not been
determined by the Secretary of Veterans Affairs to
be service-connected.
‘‘(d) A person who is reemployed by an employer
under this chapter shall not be discharged from such em-
ployment, except for cause—
‘‘(1) if such person’s period of service was 181
days or more, within one year;
‘‘(2) if such person’s period of service was 31
days or more but less than 181 days, within six
months; or
‘‘(3) if such person’s period of service was less
than 31 days, within a period of time that is equal
to the period of service concerned.
‘‘(e) Any person who is absent from or leaves a posi-
tion (other than a temporary position) in the employ of
any employer for voluntary or involuntary service in the
uniformed services may utilize, with respect to the em-
ployer and during any period of such service, accrued or
other leave which the person could have utilized if the per-
son had remained in such position.
‘‘§ 4316. Employee pension benefit plans
‘‘(a)(1)(A) Except as provided in subparagraph (B),
in the case of a right provided pursuant to an employee
pension benefit plan 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 reem-
ployed under this chapter shall be determined under this
section.
‘‘(B) In the case of benefits under the Thrift Savings
Plan, the rights of a person reemployed under this chapter
shall be those rights provided in section 8432b of title 5.
The first sentence of this subparagraph shall not be con-
strued to affect any other right or benefit under this
chapter.
‘‘(2)(A) A person reemployed under this chapter shall
be treated as not having incurred a break in service with
the employer or employers maintaining the plan by reason
of such person’s period or periods of service in the uni-
formed services.
‘‘(B) Each period served by a person in the uniformed
services shall, upon reemployment under this chapter, be
deemed to constitute service with the employer or employ-
ers maintaining the plan for purposes of determining the
nonforfeitability of the person’s accrued benefits and for
the purpose of determining the accrual of benefits under
the plan.
‘‘(b)(1)(A) An employer reemploying a person under
this chapter shall be liable to an employee pension benefit
plan for funding any obligation of the plan to provide the
benefits described in subsection (a)(2). For purposes of
determining the amount of such liability and for purposes
of section 515 of the Employee Retirement Income Secu-
rity Act of 1974 (29 U.S.C. 1145) or any similar Federal
or State law governing pension benefits for governmental
employees, service in the uniformed services that is
deemed under subsection (a) to be service with the em-
ployer shall be deemed to be service with the employer
under the terms of the plan or any applicable collective
bargaining agreement. In the case of a multiemployer
plan, as defined in section 3(37) of the Employee Retire-
ment 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 shall provide.
‘‘(B) An employee entitled to pension benefits under
this chapter, with respect to a period of service described
in subsection (a)(2)(B)—
‘‘(i) shall have earnings credited with respect to
an employer contribution in the same manner and to
the same extent as earnings are credited to other
employees during the period of service, subject to
paragraph (3), irrespective of when the contribution
is made;
‘‘(ii) shall have allocated the amount of—
‘‘(I) any employer contribution that was
voluntary; and
‘‘(II) any employer contribution the total
amount of which was determined without ref-
erence to the number of, or compensation of,
plan participants before being allocated to the
accounts of participants; and
‘‘(iii) may have allocated the amount of any for-
feiture,
in the same manner and to the same extent the allocation
occurs for other employees during the period of service.
‘‘(2) A person reemployed under this chapter shall
be entitled to accrued benefits pursuant to subsection (a)
that are contingent on the making of, or derived from,
employee contributions or elective deferrals (as defined in
section 402(g)(3) of the Internal Revenue Code of 1986)
only to the extent the person makes payment to the plan
with respect to such contributions or deferrals. No such
payment may exceed the amount the person would have
been permitted or required to contribute had the person
remained continuously employed by the employer through-
out the period of service described in subsection (a)(2)(B).
Any payment to the plan described in this paragraph shall
be made during any reasonable continuous period (begin-
ning with the date of reemployment) as the employer and
the person may agree.
‘‘(3) For purposes of computing an employer’s liabil-
ity under paragraph (1)(A) or the employee’s contribu-
tions under paragraph (2), the employee’s compensation
during the period of service described in subsection
(a)(2)(B)—
‘‘(A) shall be computed at the same rate as the
employee received from the employer immediately
before such period; 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 dur-
ing the 12-month period immediately preceding such
period (or, if shorter, the period of employment im-
mediately preceding such period).
‘‘(c) Any employer who reemploys a person under this
chapter and who is an employer contributing to a multiem-
ployer plan, as defined in section 3(37) of the Employee
Retirement Income Security Act of 1974 (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
reemployment, provide information, in writing, of such re-
employment to the administrator of such plan.
‘‘§ 4317. 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
uniformed service with a dishonorable or bad con-
duct discharge.
‘‘(2) A separation of such person from such
uniformed service under other than honorable condi-
tions, as characterized pursuant to regulations pre-
scribed by the Secretary concerned.
‘‘(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 III—PROCEDURES FOR ASSIST-
ANCE, ENFORCEMENT, AND INVESTIGA-
TIONS
‘‘§ 4321. Assistance in obtaining employment or reem-
ployment
‘‘The Secretary (through the Veterans’ Employment
and Training Service) shall provide assistance to any per-
son with respect to 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 agen-
cies engaged in similar or related activities and utilize the
assistance of volunteers.
‘‘§ 4322. Enforcement of employment or reemploy-
ment rights
‘‘(a)(1) A person who claims that—
‘‘(A) such person is entitled under this chapter
to employment or reemployment rights or benefits
with respect to employment by an employer; and
‘‘(B)(i) such employer has failed or refused, or
is about to fail or refuse, to comply with the provi-
sions of this chapter; or
‘‘(ii) in the case that the employer is the Fed-
eral Government, such employer or the Office of
Personnel Management has failed or refused, or is
about to fail or refuse, to comply with the provisions
of this chapter,
may file a complaint with the Secretary in accordance with
subsection (b), and the Secretary shall investigate such
complaint.
‘‘(2) In the case that the employer is the Federal
Government, subsection (a) of section 4323 shall be appli-
cable to such investigation but not subsections (b) and (c)
of such section.
‘‘(3) This subsection does not apply to any action re-
lating to benefits to be provided by the Thrift Savings
Plan.
‘‘(b)(1) A person described in subsection (a) may file
a complaint in accordance with paragraph (2) and apply
to the Secretary for assistance in asserting that complaint.
‘‘(2) Such complaint shall be in writing, be in such
form as the Secretary may prescribe, include the name
and address of the employer against whom the complaint
is filed, and contain a summary of the allegations that
form the basis for the complaint.
‘‘(3) Before the receipt of a written complaint, the
Secretary shall, upon request, provide technical assistance
to the potential claimant and, if the Secretary determines
it appropriate, to such claimant’s employer.
‘‘(c)(1)(A) Except as provided in paragraph (2), if
the Secretary, after investigation, is reasonably satisfied
that the employer has failed to comply with the provisions
of this chapter, if efforts to obtain voluntary compliance
are not successful, and if the claimant requests in writing
that the claim be referred for litigation, the Secretary shall
refer the case to the Attorney General. If the Attorney
General is reasonably satisfied that the person requesting
representation is entitled to the rights or benefits sought,
the Attorney General shall appear and act as attorney for
the claimant in the filing of a complaint and other appro-
priate motions and pleadings and the prosecution thereof
in the district courts of the United States and on appeal.
‘‘(B) If the Attorney General declines to represent a
person after receiving a referral from the Secretary or if
a person chooses not to apply to the Secretary for assist-
ance or to utilize the Attorney General for representation
under this section, such person may be represented before
the district court or on appeal by counsel of the person’s
choice.
‘‘(2)(A) In the case where the employer is the Federal
Government, if the Secretary, after investigation, is rea-
sonably satisfied that the employer has failed to comply
with the provisions of this chapter, if efforts to obtain vol-
untary compliance are not successful, and if the claimant
requests in writing that the claim be referred for litigation,
the case shall be referred to the Office of the Special
Counsel, litigation shall be before the Merit Systems Pro-
tection Board, and if the Special Counsel is reasonably
satisfied that the person requesting representation is enti-
tled to the rights or benefits sought, the Special Counsel
shall appear and act as attorney for the claimant in filing
an appeal to the Merit Systems Protection Board and in
pursuing that appeal.
‘‘(B) If the Special Counsel declines to represent a
person after receiving a referral from the Secretary or if
a person chooses not to apply to the Secretary for assist-
ance or to utilize the Special Counsel for representation
under this section, such person may be represented before
the Merit Systems Protection Board or on appeal by coun-
sel of the person’s choice.
‘‘(d)(1) This subsection applies only with respect to
a State or private employer.
‘‘(2)(A) The district courts of the United States may
require the State or private employer, as the case may
be—
‘‘(i) to comply with the provisions of this chap-
ter;
‘‘(ii) 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 pay, in addition to the compensation
paid under clause (ii), the person an amount equal
to such compensation as liquidated damages, if the
court determines that the employer’s failure to com-
ply with the provisions of this chapter was willful.
‘‘(B) Any compensation and payment under clauses
(ii) and (iii) of subparagraph (A) shall be in addition to,
and shall not be deemed to diminish, any of the other
rights and benefits provided for in this chapter.
‘‘(3)(A) No fees or court costs shall be charged or
taxed against any person claiming rights or benefits under
this chapter.
‘‘(B) In any action or proceeding to enforce a provi-
sion of this chapter by a person described in paragraph
(2) who obtained private counsel for such action or pro-
ceeding, the court, in its discretion, may award any such
person who prevails in such action or proceeding a reason-
able attorney’s fee, expert witness fees, and other litiga-
tion expenses.
‘‘(4) The court may use its full equity powers, includ-
ing temporary or permanent injunctions and temporary
restraining orders, to vindicate fully the rights or benefits
of persons under this chapter.
‘‘(5) An action under this chapter may be initiated
only by a person claiming rights or benefits under this
chapter, not by an employer, prospective employer, or
other entity with obligations under this chapter.
‘‘(6) In any action under this chapter, only the em-
ployer shall be deemed a necessary party respondent.
‘‘(7) No State statute of limitations shall apply to any
proceedings under this chapter.
‘‘(8) A State shall be subject to the same remedies,
including prejudgment interest, as may be imposed upon
any private employer under this section.
‘‘(e)(1) This subsection applies only with respect to
the Federal Government as employer.
‘‘(2)(A) If the Merit Systems Protection Board con-
cludes that the Federal Government, as employer, has
failed to comply with the provisions of this chapter or that
the Director of the Office of Personnel Management has
not met an obligation set forth in section 4314, the Board
shall enter an order specifically requiring the employing
agency or the Director to comply with such provisions and
to compensate such person for any loss of wages or bene-
fits suffered by reason of the employing agency’s or the
Director’s unlawful action.
‘‘(B) Any such compensation shall be in addition to
and shall not be deemed to diminish any of the other
rights or benefits provided for by this chapter.
‘‘(3)(A) A claimant under this chapter may petition
the United States Court of Appeals for the Federal Circuit
to review a decision of the Merit Systems Protection
Board denying such claimant the relief sought, in whole
or in part, subject to the conditions and in accordance
with the procedures set forth in section 7703 of title 5.
‘‘(B) The Secretary and the Special Counsel shall not
represent persons with respect to review of decisions of
the Merit Systems Protection Board under this chapter
in the United States Court of Appeals for the Federal Cir-
cuit or the Supreme Court.
‘‘(C) If a person seeks such judicial review, or in any
case in which a person is involved in the Board’s decision
is being appealed by another party, such person may be
represented by counsel of the person’s choice.
‘‘§ 4323. Conduct of investigation; subpoenas
‘‘(a) In carrying out investigations under this chap-
ter, the Secretary’s duly authorized representatives shall
at all reasonable times have access to, for the purpose of
examination, and the right to copy and receive, any docu-
ments of any person or employer.
‘‘(b) Except as provided in section 4322(a)(2), in car-
rying out investigations under this chapter, the Secretary
may require by subpoena the attendance and testimony
of witnesses and the production of documents relating to
any matter under investigation. In case of disobedience of
the subpoena or contumacy and on request of the Sec-
retary, the Attorney General may apply to any district
court of the United States in whose jurisdiction such dis-
obedience or contumacy occurs for an order enforcing the
Secretary’s subpoena.
‘‘(c) Except as provided in section 4322(a)(2), 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 pursu-
ant to a lawful investigation under this chapter, and the
district courts shall have jurisdiction to punish failure to
obey a subpoena or other lawful order of the Secretary
as a contempt of court.
‘‘SUBCHAPTER IV—MISCELLANEOUS
PROVISIONS
‘‘§ 4331. Regulations
‘‘(a) The Secretary (in consultation with the Sec-
retary of Defense) may prescribe regulations implement-
ing the provisions of this chapter with regard to the appli-
cation of this chapter to States, local governments, and
private employers.
‘‘(b)(1) The Director of the Office of Personnel Man-
agement (in consultation with the Secretary and the
Secretary of Defense) may prescribe regulations imple-
menting the provisions of this chapter with regard to the
application of this chapter to the Federal Government as
employer. Such regulations shall be consistent with the
regulations pertaining to the States and private employers,
except that employees of the Federal Government may be
given greater or additional rights. Nothing in this sub-
section constitutes authority for the Director to prescribe
any matter for which any regulation may be prescribed
under paragraph (2).
‘‘(2) Regulations may be prescribed—
‘‘(A) by the Merit Systems Protection Board to
carry out its responsibilities under this chapter; and
‘‘(B) by the Office of Special Counsel to carry
out its responsibilities under this chapter.
‘‘§ 4332. Reports
‘‘The Secretary shall, after consultation with the At-
torney General and the Special Counsel referred to in sec-
tion 4322(b)(2) and no later than February 1, 1995, and
each February 1 thereafter, transmit to the Congress, a
report containing the following matters for the fiscal year
ending before such February 1:
‘‘(1) The number of cases reviewed by the De-
partment of Labor under this chapter during the fis-
cal year for which the report is made.
‘‘(2) The number of cases referred to the Attor-
ney General or the Special Counsel pursuant to sec-
tion 4322(c)(1) or 4322(c)(2), respectively, during
such fiscal year.
‘‘(3) The number of pleadings filed by the At-
torney General pursuant to section 4322(c)(1) dur-
ing such fiscal year.
‘‘(4) The nature and status of each case re-
ported on pursuant to paragraph (1), (2), or (3).
‘‘(5) An indication of whether there are any ap-
parent patterns of violation of the provisions of this
chapter, together with an explanation thereof.
‘‘(6) Recommendations for administrative or
legislative action that the Secretary, the Attorney
General, or the Special Counsel considers necessary
for the effective implementation of this chapter, in-
cluding any action that could be taken to encourage
mediation, before claims are filed under this chapter,
between employers and persons seeking employment
or reemployment.
‘‘§ 4333. Outreach
‘‘The Secretary, the Secretary of Defense, and the
Secretary of Veterans Affairs shall take such actions as
such Secretaries determine are appropriate to inform per-
sons entitled to rights and benefits under this chapter and
employers of the rights, benefits, and obligations of such
persons and such employers under this chapter.’’.
(b) CONFORMING AMENDMENTS.—
(1) AMENDMENTS TO TITLE 38.—The tables of
chapters at the beginning of title 38, United States
Code, and the beginning of part III of such title are
each amended by striking out the item relating to
chapter 43 and inserting in lieu thereof the follow-
ing:
‘‘43. Employment and reemployment rights of members of
the uniformed services ................................................................. 4301’’.
(2) AMENDMENT
TO
TITLE
5.—(A) Section
1204(a)(1) of title 5, United States Code, is amend-
ed by striking out ‘‘section 4323’’ and inserting in
lieu thereof ‘‘chapter 43’’.
(B) Subchapter II of chapter 35 of such title is
repealed.
(C) The table of sections for chapter 35 of such
title is amended by striking out the heading relating
to subchapter II of such chapter and the item relat-
ing to section 3551 of such chapter.
(3) 
AMENDMENT
TO
TITLE
10.—Section
706(c)(1) of title 10, United States Code, is amend-
ed by striking out ‘‘section 4321’’ and inserting in
lieu thereof ‘‘chapter 43’’.
(c) AMENDMENTS TO TITLE 28.—Section 631 of title
28, United States Code, is amended—
(1) by striking out subsection (j);
(2) by redesignating subsections (k) and (l) as
subsections (j) and (k), respectively; and
(3) in subsection (j), as redesignated by para-
graph (2), by striking out ‘‘under the terms of’’ and
all that follows through ‘‘section,’’ the first place it
appears and inserting in lieu thereof ‘‘under chapter
43 of title 38,’’.
SEC. 3. EXEMPTION FROM MINIMUM SERVICE REQUIRE-
MENTS.
Section 5303A(b)(3) of title 38, United States Code,
is amended—
(1) by striking out ‘‘or’’ at the end of subpara-
graph (E);
(2) by striking out the period at the end of sub-
paragraph (F) and inserting in lieu thereof ‘‘; or’’;
and
(3) by adding at the end thereof the following
new subparagraph:
‘‘(G) to benefits under chapter 43 of this title.’’.
SEC. 4. THRIFT SAVINGS PLAN.
(a) IN GENERAL.—(1) Title 5, United States Code,
is amended by inserting after section 8432a the following:
‘‘§ 8432b. Contributions of persons who perform mili-
tary service
‘‘(a) This section applies to any employee who—
‘‘(1) separates or enters leave-without-pay sta-
tus in order to perform military service; and
‘‘(2) is subsequently restored to or reemployed
in a position which is subject to this chapter, pursu-
ant 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 reem-
ployment (as applicable); reduced by
‘‘(B) any contributions under section 8432(a)
actually made by such employee over the period de-
scribed in subparagraph (A).
‘‘(3) Contributions under this subsection—
‘‘(A) shall be made at the same time and in the
same manner as would any contributions under sec-
tion 8432(a);
‘‘(B) shall be made over the period of time
specified by the employee under paragraph (4)(B);
and
‘‘(C) shall be in addition to any contributions
then actually being made under section 8432(a).
‘‘(4) The Executive Director shall prescribe the time,
form, and manner in which an employee may specify—
‘‘(A) the total amount such employee wishes to
contribute under this subsection with respect to any
particular period referred to in paragraph (2)(B);
and
‘‘(B) the period of time over which the em-
ployee wishes to make contributions under this sub-
section.
The employing agency may place a maximum limit on the
period of time referred to in subparagraph (B), which can-
not be shorter than two times the period referred to in
paragraph (2)(B) and not longer than four times such pe-
riod.
‘‘(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 contribu-
tions were being made under section 8432(a); and
‘‘(2) disregarding any contributions then actu-
ally being made under section 8432(a) and any
agency 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 pe-
riod had such employee remained continuously employed
in the position which such employee last held before sepa-
rating or entering leave-without-pay status to perform
military service.
‘‘(f)(1) The employing agency shall be required to pay
lost earnings on contributions made pursuant to sub-
sections (c) and (d). Such earnings shall be calculated
retroactively to the date the contribution would have been
made had the employee not separated or entered leave
without pay status to perform military service.
‘‘(2) Procedures for calculating and crediting the
earnings payable pursuant to paragraph (1) shall be pre-
scribed by the Executive Director.
‘‘(g) Amounts paid under subsection (c), (d), or (f)
shall be paid—
‘‘(1) by the agency to which the employee is re-
stored or in which such employee is reemployed;
‘‘(2) from the same source as would be the case
under section 8432(e) with respect to sums required
under section 8432(c); and
‘‘(3) within the time prescribed by the Execu-
tive Director.
‘‘(h)(1) For purposes of section 8432(g), in the case
of an employee to whom this section applies—
‘‘(A) a separation from civilian service in order
to perform the military service on which the employ-
ee’s restoration or reemployment rights are based
shall be disregarded; and
‘‘(B) such employee shall be credited with a pe-
riod of civilian service equal to the period referred
to in subsection (b)(2)(B).
‘‘(2)(A) An employee to whom this section applies
may elect, for purposes of section 8433(d), or paragraph
(1) or (2) of section 8433(h), as the case may be, to have
such employee’s separation (described in subsection
(a)(1)) treated as if it had never occurred.
‘‘(B) An election under this paragraph shall be made
within such period of time after restoration or reemploy-
ment (as the case may be) and otherwise in such manner
as the Executive Director prescribes.
‘‘(i) The Executive Director shall prescribe regula-
tions to carry out this section.’’.
(2) The table of sections for 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) Sec-
tion 8433(d) of title 5, United States Code, is amended
by striking ‘‘subsection (e).’’ and inserting ‘‘subsection (e),
unless an election under section 8432b(h)(2) is made to
treat such separation for purposes of this subsection as
if it had never occurred.’’.
(2) Paragraphs (1) and (2) of section 8433(h) are
each amended by striking the period at the end and insert-
ing ‘‘, or unless an election under section 8432b(h)(2) is
made to treat such separation for purposes of this para-
graph as if it had never occurred.’’.
(c) ELECTION TO RESUME REGULAR CONTRIBU-
TIONS UPON RESTORATION OR REEMPLOYMENT.—Sec-
tion 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 sec-
tion 8432b(b)(2)(B))—
‘‘(i) is eligible to make an election de-
scribed in subsection (b)(1); or
‘‘(ii) would be so eligible but for having
either elected to terminate individual contribu-
tions to the Thrift Savings Fund within 2
months before commencing military service or
separated in order to perform military service.
‘‘(2) The Executive Director shall prescribe regula-
tions to ensure that any employee to whom this subsection
applies shall, within a reasonable time after being restored
or reemployed (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 al-
lowable 
during 
a 
period 
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
reference to employee contributions under this sec-
tion;
‘‘(B) the contribution rate under section
8432b(b)(2)(A) shall be the maximum percentage al-
lowable under subsection (b)(2) of this section; and
‘‘(C) subsections (c) and (d) of section 8432b
shall be disregarded.’’.
(e) EFFECTIVE DATE; APPLICABILITY.—This section
and the amendments made by this section—
(1) shall take effect on the date of enactment
of this Act; and
(2) shall apply to any employee whose release
from military service, discharge from hospitalization,
or other similar event making the individual eligible
to seek restoration or reemployment under chapter
43 of title 38, United States Code, occurs on or
after August 2, 1990.
(f) RULES FOR APPLYING AMENDMENTS TO EM-
PLOYEES RESTORED OR REEMPLOYED BEFORE EFFEC-
TIVE DATE.—In the case of any employee (described in
subsection (e)(2)) who is reemployed or restored (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 amendments made
by this section shall apply to such employee, in accordance
with their terms, subject to the following:
(1) The employee shall be deemed not to have
been reemployed or restored until—
(A) the date of enactment of this Act, or
(B) the first day following such employee’s
reemployment or restoration on which such em-
ployee is or was eligible to make an election re-
lating to contributions to the Thrift Savings
Fund,
whichever occurs or occurred first.
(2) If the employee changed agencies during the
period between date of actual reemployment or res-
toration and the date of enactment of this Act, the
employing agency as of such date of enactment shall
be considered the reemploying or restoring agency.
(3)(A) For purposes of any computation under
section 8432b of such title, pay shall be determined
in accordance with subsection (e) of such section, ex-
cept that, with respect to the period described in
subparagraph (B), actual pay attributable to such
period shall be used.
(B) The period described in this subparagraph
is the period beginning on the first day of the first
applicable pay period beginning on or after the date
of the employee’s actual reemployment or restoration
and ending on the day before the date determined
under paragraph (1).
(4) Deem section 8432b(b)(2)(A) of such title
to be amended by striking ‘‘ending on the day before
the date of restoration or reemployment (as applica-
ble)’’ and inserting ‘‘ending on the date determined
under section 4(f)(1) of the Uniformed Services Em-
ployment and Reemployment Rights Act of 1993’’.
SEC. 5. TECHNICAL AMENDMENT.
Section 9(d) of Public Law 102–16 (105 Stat. 55)
is amended by striking out ‘‘Act’’ the first place it appears
and inserting in lieu thereof ‘‘section’’.
SEC. 6. TRANSITION RULES AND EFFECTIVE DATES.
(a) REEMPLOYMENT.—(1) Except as otherwise pro-
vided in this Act, the amendments made by this Act shall
be effective with respect to reemployments initiated on or
after the first day after the 60-day period beginning on
the date of enactment of this Act.
(2) The provisions of chapter 43 of title 38, United
States Code, in effect on the day before such date of enact-
ment, shall continue to apply to reemployments initiated
before the end of such 60-day period.
(3) In determining the number of years of service
that may not be exceeded in an employee-employer rela-
tionship with respect to which a person seeks reemploy-
ment under chapter 43 of title 38, United States Code,
as in effect before or after the date of enactment of this
Act, there shall be included all years of service without
regard to whether the periods of service occurred before
or after such date of enactment unless the period of serv-
ice is exempted by the chapter 43 that is applicable, as
provided in paragraphs (1) and (2), to the reemployment
concerned.
(4) A person who initiates reemployment under chap-
ter 43 of title 38, United States Code, during or after the
60-day period beginning on the date of enactment of this
Act and whose reemployment is made in connection with
a period of service in the uniform services that was initi-
ated before the end of such period shall be deemed to have
satisfied 
the 
notification 
requirement 
of 
section
4312(a)(1) of title 38, United States Code, as provided
in the amendments made by this Act, if the person com-
plied with any applicable notice requirement under chapter
43, United States Code, as in effect on the day before
the date of enactment of this Act.
(b) DISCRIMINATION.—The provisions of section
4311 of title 38, United States Code, as provided in the
amendments made by this Act, and the provisions of sub-
chapter III of chapter 43 of such title, as provided in the
amendments made by this Act, that are necessary for the
implementation of such section 4311 shall become effec-
tive on the date of enactment of this Act.
(c) INSURANCE.—(1) Except as provided in para-
graph (2), the provisions of section 4315(c) of title 38,
United States Code, as provided in the amendments made
by this Act, concerning insurance coverage shall become
effective on the date of enactment of this Act.
(2) A person on active duty on the date of enactment
of this Act, or a family member or personal representative
of such person, may, after the date of enactment of this
Act, elect to reinstate or continue insurance coverage as
provided in such section 4315. If such an election is made,
insurance coverage shall remain in effect for the remaining
portion of the 18-month period that began on the date
of such person’s separation from civilian employment.
(d) DISABILITY.—(1) Section 4313(a)(3) of chapter
43 of title 38, United States Code, as provided in the
amendments 
made 
by 
this 
Act, 
shall 
apply 
to
reemployments initiated on or after August 1, 1990.
(2) Effective as of August 1, 1990, section 4307 of
title 38, United States Code (as in effect on the date of
enactment of this Act), is hereby repealed, and the table
of sections at the beginning of chapter 43 of such title
(as in effect on the date of enactment of this Act) is
amended by striking out the item relating to section 4307.
(e) REPORTS.—The reports made by the Secretary
of Labor pursuant to section 4332 of title 38, United
States Code, as provided in the amendments made by this
Act, shall be made with respect to cases pertaining to
chapter 43 of such title without regard to whether a case
originated under such chapter before, on, or after the date
of enactment of this Act.
(f) PREVIOUS ACTIONS.—Except as otherwise pro-
vided, the amendments made by this Act do not affect
reemployments that were initiated, rights, benefits, and
duties that matured, penalties that were incurred, and
proceedings that were begun before the end of the 60-day
period referred to in subsection (a).
Passed the House of Representatives May 4, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk.
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