H.R. 995 (103rd): Uniformed Services Employment and Reemployment Rights Act of 1994

103rd Congress, 1993–1994. Text as of Nov 08, 1993 (Committee Discharged).

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HR 995 CDS

103d CONGRESS

1st Session

H. R. 995

IN THE SENATE OF THE UNITED STATES

May 5 (legislative day, APRIL 19), 1993

Received; read twice and referred to the Committee on Veterans’ Affairs

November 8 (legislative day, NOVEMBER 2), 1993

Committee discharged


AN ACT

To amend title 38, United States Code, to improve reemployment rights and benefits of veterans and other benefits of employment of certain members of the uniformed services, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Uniformed Services Employment and Reemployment Rights Act of 1993’.

SEC. 2. REVISION OF CHAPTER 43 OF TITLE 38.

    (a) RESTATEMENT AND IMPROVEMENT OF EMPLOYMENT AND REEMPLOYMENT RIGHTS- Chapter 43 of title 38, United States Code, is amended to read as follows:

‘CHAPTER 43--EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES

‘SUBCHAPTER I--PURPOSES, RELATION TO OTHER LAW, AND DEFINITIONS

      ‘Sec.

      ‘4301. Purposes; sense of Congress.

      ‘4302. Relation to other law and plans or agreements.

      ‘4303. Definitions.

‘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. Rights, benefits, and obligations of persons absent from employment for service in a uniformed service.

      ‘4316. Employee pension benefit plans.

      ‘4317. Character of service.

‘SUBCHAPTER III--PROCEDURES FOR ASSISTANCE, ENFORCEMENT, AND INVESTIGATIONS

      ‘4321. Assistance in obtaining employment or reemployment.

      ‘4322. Enforcement of employment or reemployment rights.

      ‘4323. Conduct of investigation; subpoenas.

‘SUBCHAPTER IV--MISCELLANEOUS PROVISIONS

      ‘4331. Regulations.

      ‘4332. Reports.

      ‘4333. Outreach.

‘SUBCHAPTER I--PURPOSES, RELATION TO OTHER LAW, AND DEFINITIONS

‘Sec. 4301. Purposes; sense of Congress

    ‘(a) The purposes of this chapter are--

      ‘(1) to encourage noncareer service in the uniformed services by eliminating or minimizing the disadvantages to civilian careers and employment which can result from such service;

      ‘(2) to minimize the disruption to the lives of persons performing service in the uniformed services as well as to their employers, their fellow employees, and their communities, by providing for the prompt 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 Government should be a model employer in carrying out the reemployment practices provided for in this chapter.

‘Sec. 4302. Relation to other law and plans or agreements

    ‘(a) Nothing in this chapter shall supersede, nullify, or diminish any Federal or State law (including any local law or ordinance) or any contract, practice, policy, agreement, plan, or other matter provided by an employer which establishes rights or benefits which are greater than or in addition to those provided in this chapter.

    ‘(b) This chapter supersedes State laws (including any local law or ordinance), employer practices, policies, agreements, and plans, and other matters that reduce, limit, or eliminate in any manner rights or benefits provided by this chapter, including the establishment of additional prerequisites to the exercise of such rights.

‘Sec. 4303. Definitions

    ‘For the purposes of this chapter:

      ‘(1) The term ‘Attorney General’ means the Attorney General of the United States or any person designated by the Attorney General to carry out a responsibility of the Attorney General under this chapter.

      ‘(2) The term ‘benefit’, ‘benefit of employment’, or ‘rights and benefits’ means any aspect of the employment relationship, other than wages or salary for work performed, provided by contract or employer practice or custom, that offers advantage, profit, privilege, gain, status, account, or interest and includes, but is not limited to, pension plans and payments, insurance coverage and awards, employee stock ownership plans, bonuses, severance pay, supplemental unemployment benefits, vacations, and selection of work hours or locations of employment.

      ‘(3) The term ‘employee’ means any person employed by an employer.

      ‘(4)(A) Except as provided in subparagraphs (B) and (C), the term ‘employer’ means any person, institution, organization, or other entity that pays salary or wages for work performed or that has control over employment opportunities, including--

        ‘(i) a person, institution, organization, or other entity to whom the employer has delegated the performance of employment-related responsibilities;

        ‘(ii) the Federal Government;

        ‘(iii) a State;

        ‘(iv) any successor in interest to a person, institution, organization, or other entity referred to in this subparagraph; and

        ‘(v) a person, institution, organization, or other entity that has denied initial employment in violation of section 4311.

      ‘(B) In the case of a National Guard technician employed under section 709 of title 32, the term ‘employer’ 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 provide benefits described in section 4316.

      ‘(5) The term ‘Federal Government’ includes the executive branch, the judicial branch, and the legislative branch, with the executive branch including--

        ‘(A) any department, administration, agency, commission, board, or independent establishment in, or other part of, the executive branch (including any executive agency as defined in section 105 of title 5);

        ‘(B) the United States Postal Service and the Postal Rate Commission;

        ‘(C) any nonappropriated fund activity of the United States; and

        ‘(D) any corporation wholly owned by the United States.

      ‘(6) The term ‘health plan’ means an insurance policy or contract, medical or hospital service agreement, membership or subscription contract, or other arrangement under which health services for individuals are provided or the expenses of such services are paid.

      ‘(7) The term ‘notice’ means (with respect to subchapter II) any written or verbal notification of an obligation or intention to perform service in the uniformed services provided to an employer by the employee who will perform such service or by the uniformed service in which such service is to be performed.

      ‘(8) The term ‘other than a temporary position’ means a position of employment as to which there is a reasonable expectation that it will continue indefinitely.

      ‘(9) The term ‘qualified’ means having the ability to perform the essential tasks of an employment position.

      ‘(10) The term ‘reasonable efforts’ means actions, including training provided by an employer, that do not create an undue hardship on the employer.

      ‘(11) Notwithstanding section 101, the term ‘Secretary’ means the Secretary of Labor or any person designated 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 services’ 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, inactive duty training, full-time National Guard duty, and a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty.

      ‘(14) The term ‘State’ means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and other territories of the United States (including the agencies and political subdivisions thereof).

      ‘(15)(A) The term ‘undue hardship’ means an action requiring significant difficulty or expense, when considered in light of the factors set forth in subparagraph (B).

      ‘(B) In determining whether an action would impose an undue hardship on an employer, factors to be considered include--

        ‘(i) the nature and cost of the action needed under this chapter;

        ‘(ii) 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;

        ‘(iii) the overall financial resources of the employer; the overall size of the business of an employer with respect to the number of its employees; the number, type, and location of its facilities; and

        ‘(iv) the type of operation or operations of the employer, including the composition, structure, and functions of the work force of such employer; the geographic separateness, administrative, or fiscal relationship of the facility or facilities 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 National Guard duty, the commissioned corps of the Public Health Service, and any other category of persons designated by the President in time of war or emergency.

‘SUBCHAPTER II--EMPLOYMENT AND REEMPLOYMENT RIGHTS AND LIMITATIONS; PROHIBITIONS

‘Sec. 4311. Discrimination against persons who serve in the uniformed services and acts of reprisal 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, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, application for membership, service, application 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 violation of this section if the person’s membership, application for membership, service, application for service, or obligation for service in the uniformed services is a motivating factor in the employer’s action, unless the employer can demonstrate that the action would have been taken in the absence of such membership, application for membership, service, application for service, or obligation.

    ‘(c)(1) An employer may not discriminate in employment 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 chapter, has testified or otherwise made a statement in or in connection with any proceeding under this chapter, has assisted 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.

‘Sec. 4312. Reemployment rights of persons who serve in the uniformed services

    ‘(a) Subject to subsections (b), (c), and (d) and to section 4317, any person who is absent from a position of employment (other than a temporary position) by reason of service in the uniformed services shall be entitled to the reemployment rights and benefits and other employment benefits of this chapter if--

      ‘(1) the person (or an appropriate officer of the uniformed service in which such service is performed) has given advance written or verbal notice of such service to such person’s employer;

      ‘(2) except as provided in subsection (c), the cumulative length of the absence and of all previous absences from a position of employment with that employer by reason of service in the uniformed services does not exceed five years; and

      ‘(3) except as provided in subsection (f), the person reports to, or submits an application for reemployment to, such employer in accordance with the provisions of subsection (e).

    ‘(b) No notice is required under subsection (a)(1) if the giving of such notice is precluded by military necessity or, under all of the relevant circumstances, the giving of such notice is otherwise impossible or unreasonable. A determination of military necessity for the purposes of this subsection shall be made pursuant to regulations prescribed by the Secretary of Defense and shall not be subject to judicial review.

    ‘(c) Subsection (a) shall apply if such person’s cumulative period of service in the uniformed services, with respect to the employer 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 complete an initial period of obligated service;

      ‘(2) during which such person was unable to obtain orders releasing such person from a period of service in the uniformed services before the expiration of such five-year period and such inability was through no fault of such person;

      ‘(3) performed as required pursuant to section 270 of title 10, under section 502(a) or 503 of title 32, or to fulfill additional training requirements determined and certified in writing by the Secretary concerned to be necessary for professional development or for completion of skill training or retraining; 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;

        ‘(B) ordered to or retained on active duty (other than for training) under any provision of law during a war or during a national emergency declared by the President or the Congress;

        ‘(C) ordered to active duty (other than for training) in support, as determined by the Secretary concerned, of an operational mission for which personnel have been ordered to active duty under section 673b of title 10;

        ‘(D) ordered to active duty in support, as determined by the Secretary concerned, of a critical mission or requirement of the uniformed services; or

        ‘(E) called into Federal service as a member of the National Guard under chapter 15 of title 10 or under section 3500 or 8500 of title 10.

    ‘(d)(1) An employer is not required to reemploy a person under this chapter if--

      ‘(A) the employer’s circumstances have so changed as to make such reemployment impossible or unreasonable, or

      ‘(B) in the case of a person entitled to reemployment under section 4313 (a)(3), (a)(4), or (b)(2)(B), such employment would impose an undue hardship on the operation of the employer.

    ‘(2) In any administrative or judicial proceeding involving an issue of whether--

      ‘(A) any reemployment referred to in paragraph (1) is impossible or unreasonable because of a change in an employer’s circumstances, or

      ‘(B) any accommodation, training, or effort referred to in section 4313 (a)(3), (a)(4), or (b)(2)(B) would impose an undue hardship on the operation of the business of the employer,

    the employer shall have the burden of proving the impossibility 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 referred 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 service 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 transportation of the person from the place of that service to the person’s residence; or

        ‘(ii) as soon as possible after the expiration of the eight-hour period referred to in clause (i), if reporting within the period referred to in such clause is impossible or unreasonable through no fault of the person.

      ‘(B) In the case of a person who is absent from a position of employment for a period of any length for the purposes of an examination to determine the person’s fitness to perform service in the uniformed services, by reporting in the manner and time referred to in subparagraph (A).

      ‘(C) In the case of a person whose period of service in the uniformed services was for more than 30 days but less than 181 days, by submitting an application for reemployment with the employer not later than 14 days after the completion of the period of service or as soon as possible after such 14-day period if submitting such application within such period is impossible or unreasonable through no fault of the person.

      ‘(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 reemployment with the employer not later than 90 days after the completion of the period of service or as soon as possible after such 90-day period if submitting such application within such period is impossible or unreasonable through no fault of the person.

    ‘(2)(A) A person who is hospitalized for, or convalescing from, an illness or injury incurred in, or aggravated by, the performance of a period of service in the uniformed services shall, at the end of the period that is necessary for the person to recover from such illness or injury submit an application for reemployment with such employer. Such period of recovery may not exceed two years, except as provided in subparagraph (B).

    ‘(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 time limit specified in subparagraph (A) impossible or unreasonable.

    ‘(f) A person who fails to report for employment or reemployment within the time limits specified in subsection (e) does not automatically forfeit such person’s right under subsection (a) but shall be subject to the conduct rules, established policy, and general practices of the employer pertaining to explanations and discipline with respect to absence from scheduled work.

    ‘(g)(1) A person who submits an application for reemployment 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) documentation to establish that--

      ‘(A) the person’s application is timely;

      ‘(B) the person has not exceeded the service limitations set forth in subsection (a)(2) (except as permitted under subsection (c)); and

      ‘(C) the person’s entitlement to the benefits under this chapter has not terminated under section 4317.

    ‘(2) Documentation of any matter referred to in paragraph (1) that satisfies regulations prescribed by the Secretary shall satisfy the documentation requirements in such paragraph.

    ‘(3) 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 available at the time of the request of the employer. If, after such reemployment, documentation becomes available that establishes that such person does not meet one or more of the requirements referred to in subparagraphs (A) through (C) of paragraph (1), the employer of such person may terminate the employment of the person and the provision of any rights or benefits afforded the person under this chapter.

    ‘(4) It shall be unlawful for an employer to delay or attempt to defeat a reemployment obligation by demanding documentation that does not then exist or is not then readily available.

    ‘(h) 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.

    ‘(i) 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 protection of such training or service if the service does not exceed the limitations set forth in subsection (c), and the notice requirements established in subsection (a)(1) and the notification requirements established in subsection (e) are met.

‘Sec. 4313. Reemployment positions

    ‘(a) Subject to subsection (b) in the case of any employee and subject to section 4314 in the case of reemployment by the Federal Government, a person entitled to reemployment under section 4312 upon completion of a period 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 qualified to perform; or

        ‘(B) in the position of employment in which the person was employed on the date of the commencement of the service in the uniformed services, only if the person is not qualified to perform the duties of the position referred to in subparagraph (A) after reasonable efforts by the employer to qualify the person.

      ‘(2) Except as provided in paragraphs (3) and (4), in the case of a person whose period of service in the uniformed services was for more than 90 days--

        ‘(A) in the position of employment in which the person would have been employed if the continuous employment of such person with the employer had not been interrupted by such service, or a position of like seniority, status and pay, the duties of which the person is qualified to perform; or

        ‘(B) in the position of employment in which the person was employed on the date of the 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, only if the person is not qualified to perform the duties of a position referred to in subparagraph (A) after reasonable efforts by the employer to qualify the person.

      ‘(3) In the case of a person who has a disability incurred in, or aggravated by, a period of service in the uniformed services, and if, after reasonable efforts 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 continuous employment of such person with the employer had not been interrupted by such service--

        ‘(A) in any other position which is equivalent in seniority, status, and pay, the duties of which the person is qualified to perform or would become qualified to perform with reasonable efforts by the employer; or

        ‘(B) if not employed under subparagraph (A), in a position which is the nearest approximation to a position referred to in subparagraph (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 qualified 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 employer 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 status and pay which such person is qualified to perform, with full seniority.

    ‘(b)(1) If two or more persons are entitled to reemployment under section 4312 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.

    ‘(2) Any person entitled to reemployment under section 4312 who is not reemployed in a position of employment by reason of paragraph (1) shall be entitled to reemployment 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 person’s case, with full seniority.

      ‘(B) In the case of a person who has a disability 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, consistent with circumstances of such person’s case, with full seniority.

‘Sec. 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 reemployed in a position of employment as described in section 4313.

    ‘(b) If the employer of a person described in subsection (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 Management 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 qualified in another part of the executive branch, and the Director shall cause employment in such position to be offered to such person.

    ‘(c) If the employer of a person described in subsection (a) was, at the time such person entered service in the uniformed services, a part of the judicial branch or the legislative branch of the Federal Government, and such employer determines that--

      ‘(1) it is impossible or unreasonable for such employer to reemploy such person; and

      ‘(2) such person is otherwise eligible to acquire a status for transfer to a position in the competitive service in accordance with section 3304(c) of title 5,

    such person shall, upon application to the Director of the Office of Personnel Management, be considered for and offered employment in an alternative position in the executive branch on the same basis as described in subsection (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, and such person is otherwise eligible to acquire a status for transfer to a position in the competitive service in accordance with section 3304(d) of title 5, such person shall, upon application to the Director of the Office of Personnel Management, be considered for and offered employment in an alternative position in the executive branch of the Federal Government on the same basis as described in subsection (b).

‘Sec. 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 remained 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, relating to other employees on furlough or leave of absence which were in effect by contract, practice, policy, agreement, or plan at the commencement of such period of service or were established while such person is performing such service. Such person may be required to pay the employee cost, if any, of any funded benefit continued pursuant to the preceding sentence to the extent other employees 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 person 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 benefits, an exclusion or waiting period may not be imposed in connection with coverage of a health or physical condition 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 coverage of such person, if--

      ‘(A) the condition arose before or during that person’s period of training or service in the uniformed 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 person 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 employment, 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 position (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 employer and during any period of such service, accrued or other leave which the person could have utilized if the person had remained in such position.

‘Sec. 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 Employee 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. The first sentence of this subparagraph shall not be construed 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 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 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 Security 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 employer 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 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 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 reference 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 forfeiture,

    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 throughout 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 (beginning with the date of reemployment) as the employer and the person may agree.

    ‘(3) For purposes of computing an employer’s liability under paragraph (1)(A) or the employee’s contributions 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 during the 12-month period immediately preceding such period (or, if shorter, the period of employment immediately preceding such period).

    ‘(c) Any employer who reemploys a person under this chapter and who is an employer contributing to a multiemployer 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 reemployment 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 uniformed 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 conduct discharge.

      ‘(2) A separation of such person from such uniformed service under other than honorable conditions, as characterized pursuant to regulations prescribed by the Secretary concerned.

      ‘(3) A dismissal of such person permitted under section 1161(a) of title 10.

      ‘(4) A dropping of such person from the rolls pursuant to section 1161(b) of title 10.

‘SUBCHAPTER III--PROCEDURES FOR ASSISTANCE, ENFORCEMENT, AND INVESTIGATIONS

‘Sec. 4321. Assistance in obtaining employment or reemployment

    ‘The Secretary (through the Veterans’ Employment and Training Service) shall provide assistance to any person 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 agencies engaged in similar or related activities and utilize the assistance of volunteers.

‘Sec. 4322. Enforcement of employment or reemployment 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 provisions of this chapter; or

      ‘(ii) in the case that the employer is the Federal 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 applicable to such investigation but not subsections (b) and (c) of such section.

    ‘(3) This subsection does not apply to any action relating 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 appropriate 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 assistance 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 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 case shall be referred to the Office of the Special Counsel, litigation shall be before the Merit Systems Protection Board, and if the Special Counsel is reasonably satisfied that the person requesting representation is entitled 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 assistance 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 counsel 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 chapter;

      ‘(ii) to compensate the person for any loss of wages or benefits suffered by reason of such employer’s failure to comply with the provisions of this chapter; and

      ‘(iii) to 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 comply 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 provision of this chapter by a person described in paragraph (2) who obtained private counsel for such action or proceeding, the court, in its discretion, may award any such person who prevails in such action or proceeding a reasonable attorney’s fee, expert witness fees, and other litigation expenses.

    ‘(4) The court may use its full equity powers, including 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 employer 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 concludes 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 benefits 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 Circuit 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.

‘Sec. 4323. Conduct of investigation; subpoenas

    ‘(a) In carrying out investigations under this chapter, 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 documents of any person or employer.

    ‘(b) Except as provided in section 4322(a)(2), in carrying 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 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 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 pursuant 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

‘Sec. 4331. Regulations

    ‘(a) The Secretary (in consultation with the Secretary of Defense) may prescribe regulations implementing the provisions of this chapter with regard to the application of this chapter to States, local governments, and private employers.

    ‘(b)(1) The Director of the Office of Personnel Management (in consultation with the Secretary and the Secretary of Defense) may prescribe regulations implementing the provisions of this chapter with regard to the application of this chapter to 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 subsection 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.

‘Sec. 4332. Reports

    ‘The Secretary shall, after consultation with the Attorney General and the Special Counsel referred to in section 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 Department of Labor under this chapter during the fiscal year for which the report is made.

      ‘(2) The number of cases referred to the Attorney General or the Special Counsel pursuant to section 4322(c)(1) or 4322(c)(2), respectively, during such fiscal year.

      ‘(3) The number of pleadings filed by the Attorney General pursuant to section 4322(c)(1) during such fiscal year.

      ‘(4) The nature and status of each case reported on pursuant to paragraph (1), (2), or (3).

      ‘(5) An indication of whether there are any apparent 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, including 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 persons 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 following:

‘43. Employment and reemployment rights of members of the uniformed services

--4301’.

      (2) AMENDMENT TO TITLE 5- (A) Section 1204(a)(1) of title 5, United States Code, is amended by striking out ‘section 4323’ and inserting in lieu thereof ‘chapter 43’.

      (B) Subchapter II of chapter 35 of such title is repealed.

      (C) The table of sections for chapter 35 of such title is amended by striking out the heading relating to subchapter II of such chapter and the item relating to section 3551 of such chapter.

      (3) AMENDMENT TO TITLE 10- Section 706(c)(1) of title 10, United States Code, is amended by 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 paragraph (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 REQUIREMENTS.

    Section 5303A(b)(3) of title 38, United States Code, is amended--

      (1) by striking out ‘or’ at the end of subparagraph (E);

      (2) by striking out the period at the end of subparagraph (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:

‘Sec. 8432b. Contributions of persons who perform military service

    ‘(a) This section applies to any employee who--

      ‘(1) separates or enters leave-without-pay status in order to perform military service; and

      ‘(2) is subsequently restored to or reemployed in a position which is subject to this chapter, pursuant to chapter 43 of title 38.

    ‘(b)(1) Each employee to whom this section applies may contribute to the Thrift Savings Fund, in accordance with this subsection, an amount not to exceed the amount described in paragraph (2).

    ‘(2) The maximum amount which an employee may contribute under this subsection is equal to--

      ‘(A) the contributions under section 8432(a) which would have been made, over the period beginning 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) actually made by such employee over the period described 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 section 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 employee wishes to make contributions under this subsection.

    The employing agency may place a maximum limit on the period of time referred to in subparagraph (B), which 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 subsection (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

      ‘(2) disregarding any contributions then actually being made under section 8432(a) and any agency contributions relating thereto.

    ‘(d) An employee to whom this section applies is entitled 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 referred to in subsection (b)(2)(B); reduced by

      ‘(2) any contributions actually made on such employee’s behalf under section 8432(c)(1) with respect to the period referred to in subsection (b)(2)(B).

    ‘(e) For purposes of any computation under this section, 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 service.

    ‘(f)(1) The employing agency shall be required to pay lost earnings on contributions made pursuant to subsections (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 prescribed 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 restored 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 Executive 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 employee’s restoration or reemployment rights are based shall be disregarded; and

      ‘(B) such employee shall be credited with a period 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 reemployment (as the case may be) and otherwise in such manner as the Executive Director prescribes.

    ‘(i) The Executive Director shall prescribe regulations to carry out this section.’.

    (2) The table of sections for chapter 84 of title 5, 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 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 inserting ‘, or unless an election under section 8432b(h)(2) is made to treat such separation for purposes of this paragraph as if it had never occurred.’.

    (c) ELECTION TO RESUME REGULAR CONTRIBUTIONS UPON RESTORATION OR REEMPLOYMENT- Section 8432 of title 5, United States Code, is amended by adding at the end the following:

    ‘(i)(1) This subsection applies to any employee--

      ‘(A) to whom section 8432b applies; and

      ‘(B) who, during the period of such employee’s absence from civilian service (as referred to in section 8432b(b)(2)(B))--

        ‘(i) is eligible to make an election described in subsection (b)(1); or

        ‘(ii) would be so eligible but for having either elected to terminate individual contributions to the Thrift Savings Fund within 2 months before commencing military service or separated in order to perform military service.

    ‘(2) The Executive Director shall prescribe regulations to ensure that any employee to whom this subsection applies shall, within a reasonable time after being restored or 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 allowable 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 contributing 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 contributions under section 8432(a) shall be considered a reference to employee contributions under this section;

      ‘(B) the contribution rate under section 8432b(b)(2)(A) shall be the maximum percentage allowable 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 EMPLOYEES RESTORED OR REEMPLOYED BEFORE EFFECTIVE 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 employee is or was eligible to make an election relating 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 restoration 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, except 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 applicable)’ and inserting ‘ending on the date determined under section 4(f)(1) of the Uniformed Services Employment 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 provided 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 enactment, 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 relationship with respect to which a person seeks reemployment 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 service 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 chapter 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 initiated 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 complied 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 subchapter 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 effective on the date of enactment of this Act.

    (c) INSURANCE- (1) Except as provided in paragraph (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 provided, 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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