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

103rd Congress, 1993–1994. Text as of Nov 08, 1993 (Passed the Senate (Engrossed) with an Amendment).

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HR 995 EAS

In the Senate of the United States,

November 8 (legislative day, November 2), 1993.

Resolved, That the bill from the House of Representatives (H.R. 995) entitled ‘An Act to amend title 38, United States Code, to improve reemployment rights and benefits of veterans and other benefits of employment of certain members of the uniformed services, and for other purposes’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Uniformed Services 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--GENERAL

‘Sec.

      ‘4301. Purposes; sense of Congress.

      ‘4302. Relation to other law; construction.

      ‘4303. Definitions.

      ‘4304. Character of service.

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

      ‘4311. Discrimination against persons who serve in the uniformed services and acts of reprisal prohibited.

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

      ‘4313. Reemployment positions.

      ‘4314. Reemployment by the Federal Government.

      ‘4315. Reemployment by certain Federal agencies.

      ‘4316. Rights, benefits, and obligations of persons absent from employment for service in a uniformed service.

      ‘4317. Employee pension benefit plans.

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

      ‘4321. Assistance in obtaining reemployment or other employment rights or benefits.

      ‘4322. Enforcement of rights with respect to a State or private employer.

      ‘4323. Enforcement of rights with respect to the Federal executive agencies.

      ‘4324. Enforcement of rights with respect to certain Federal agencies.

      ‘4325. Conduct of investigation; subpoenas.

‘SUBCHAPTER IV--MISCELLANEOUS

      ‘4331. Regulations.

      ‘4332. Outreach.

‘SUBCHAPTER I--GENERAL

‘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 provisions of this chapter.

‘Sec. 4302. Relation to other law; construction

    ‘(a) Nothing in this chapter shall supersede, nullify or diminish any Federal or State law (including any local law or ordinance) or employer practice, policy, agreement, or plan that establishes a right or benefit that is more beneficial to, or is in addition to, a right or benefit provided for such person in this chapter.

    ‘(b) This chapter supersedes any State law (including any local law or ordinance) or employer practice, policy, agreement, or plan that reduces, limits, or eliminates in any manner any right or benefit provided by this chapter, including the establishment of additional prerequisites to the exercise of any such right or the receipt of any such benefit.

‘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 advantage, profit, privilege, gain, status, account, or interest (other than wages or salary for work performed) that accrues by reason of an employment contract or an employer practice or custom and includes rights and benefits under a pension plan, a health plan, an employee stock ownership plan, insurance coverage and awards, bonuses, severance pay, supplemental unemployment benefits, vacations, and the opportunity to select work hours or location of employment.

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

      ‘(B) With respect to employment in a foreign country, the term ‘employee’ includes an individual who is a citizen of the United States.

      ‘(4)(A) Except as provided in subparagraphs (B) and (C), the term ‘employer’ means any person, institution, organization, or other entity that pays 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 of this title.

      ‘(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 4317 of this title.

      ‘(5) The term ‘Federal executive agency’ includes the United States Postal Service, the Postal Rate Commission, any nonappropriated fund instrumentality of the United States, and any Executive agency (as that term is defined in section 105 of title 5) other than an agency referred to in section 2302(a)(2)(C)(ii) of title 5.

      ‘(6) The term ‘Federal Government’ includes any Federal executive agency, the legislative branch of the United States, and the judicial branch of the United States.

      ‘(7) 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.

      ‘(8) 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.

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

      ‘(10) The term ‘reasonable efforts’, in the case of actions required of an employer under this chapter, means actions, including training provided by an employer, that do not place an undue hardship on the employer.

      ‘(11) The term ‘Secretary’ means the Secretary of Labor or any person designed by such Secretary to carry out an activity under this chapter.

      ‘(12) The term ‘seniority’ means longevity in employment together with any benefits of employment which accrue with, or are determined by, longevity in employment.

      ‘(13) The term ‘service in the uniformed 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) The term ‘undue hardship’, in the case of actions taken by an employer, means actions requiring significant difficulty or expense, when considered in light of--

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

        ‘(B) the overall financial resources of the facility or facilities involved in the provision of the action; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such action upon the operation of the facility;

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

        ‘(D) 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.

‘ 4304. Character of service

    ‘A person’s entitlement to the benefits of this chapter by reason of the service of such person in one of the 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 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, performance, 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, performance, 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.

    ‘(d)(1) An employer may take an action otherwise prohibited by this section with respect to an employee in a workplace in a foreign country if compliance with such section would cause such employer to violate the law of the foreign country in which the workplace is located.

    ‘(2) If an employer controls a corporation incorporated and located in a foreign country, any practice prohibited by this chapter that is engaged in by such corporation shall be presumed to be engaged in by such employer.

    ‘(3)(A) The prohibitions of this section shall not apply to a foreign employer not controlled by an American employer.

    ‘(B) For purposes of this paragraph the determination of whether an employer controls a corporation shall be based on--

      ‘(i) the interrelation of operations;

      ‘(ii) the common management;

      ‘(iii) the centralized control of labor relations; and

      ‘(iv) the common ownership or financial control of the employer and the corporation.

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

    ‘(a) Subject to subsections (b), (c), and (d), any person who is absent from a position of employment by reason of service in the uniformed services shall be entitled to the 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) 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) the person reports to, or submits an application for reemployment to, such employer in accordance with subsection (e).

    ‘(b) No notice is required under subsection (a)(1) if the giving of such notice is precluded by military necessity or the giving of such notice is otherwise impossible or 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 to a person who is absent from a position of employment by reason of service in the uniformed services if such person’s cumulative period of service in the uniformed services, with respect to the 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 or under section 331, 332, 359, 360, 367, or 712 of title 14;

        ‘(B) ordered to or retained on active duty (other than for training) under any provision of law during a war or during a national 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 subsection (a)(3), (a)(4), or (b)(2)(B) of section 4313 of this title, such employment would impose an undue hardship on the employer.

    ‘(2) In any 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 subsection (a)(3), (a)(4), or (b)(2)(B) of section 4313 of this title would impose an undue hardship on 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.

      ‘(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.

    ‘(2)(A) A person who is hospitalized for, or convalescing from, an illness or injury incurred in, or aggravated by, the performance of service in the uniformed services shall, at the end of the period that is necessary for the person to recover from such illness or injury, report to the person’s employer (in the case of a person described in subparagraph (A) or (B) of paragraph (1)) or submit an application for reemployment with such employer (in the case of a person described in subparagraph (C) or (D) of such paragraph). Except as provided in subparagraph (B), such period of recovery may not exceed two years.

    ‘(B) Such two-year period shall be extended by the minimum time required to accommodate the circumstances beyond such person’s control which make reporting within the period specified in subparagraph (A) impossible or unreasonable.

    ‘(3) A person who fails to report for employment or reemployment within the appropriate period specified in this subsection shall not automatically forfeit such person’s entitlement to the rights and benefits referred to in 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.

    ‘(f)(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 been terminated pursuant to section 4304 of this title.

    ‘(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)(A) Except as provided in subparagraph (B), the failure of a person to provide documentation that satisfies regulations prescribed pursuant to paragraph (2) shall not be a basis for denying reemployment in accordance with the provisions of this chapter if the failure occurs because such documentation does not exist or is not readily 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), (B), and (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.

    ‘(B) An employer who reemploys a person absent from a position of employment for more than 90 days may require that the person provide the employer with the documentation referred to in subparagraph (A) before beginning to treat the person as not having incurred a break in service for pension purposes under section 4317(a)(2)(A) of this title.

    ‘(4) An employer may not delay or attempt to defeat a reemployment obligation by demanding documentation that does not then exist or is not then readily available.

    ‘(g) The right of a person to reemployment under this section shall not entitle such person to retention, preference, or displacement rights over any person with a superior claim under the provisions of title 5, United States Code, relating to veterans and other preference eligibles.

    ‘(h) In any determination of a person’s entitlement to protection under this chapter, the timing, frequency, and duration of the person’s training or service, or the nature of such training or service (including voluntary service) in the uniformed services, shall not be a basis for denying protection of this chapter 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 section 4314 of this title (in the case of an employee of the Federal Government), a person entitled to reemployment under section 4312 of this title 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 order of priority:

      ‘(1) Except as provided in paragraphs (3) and (4), in the case of a person whose period of service in the uniformed services was for less than 31 days--

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

        ‘(B) 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, in the position of employment in which the person was employed on the date of the commencement of the service in the uniformed services.

      ‘(2) Except as provided in paragraphs (3) and (4), in the case of a person whose period of service in the uniformed services was for more than 30 days--

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

        ‘(B) 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, in the position of employment in which the person was employed on the date of the commencement of the service in the uniformed services, or a position of like seniority, status and pay, the duties of which the person is qualified to perform.

      ‘(3) In the case of a person who has a disability incurred in, or aggravated by, such service, and who (after reasonable efforts by the employer to accommodate the disability) 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 (A) is not qualified to be employed in (i) the position of employment in which the person would have been employed if the continuous employment of such person with the employer had not been interrupted by such service, or (ii) 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, service in the uniformed services), and (B) 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 of this title in the same position of employment and more than one of them has reported for such reemployment, the person who left the position first shall have the prior right to reemployment in that position.

    ‘(2) Any person entitled to reemployment under section 4312 of this title who is not reemployed in a position of employment by reason of paragraph (1) shall be entitled to be reemployed as follows:

      ‘(A) Except as provided in subparagraph (B), in any other position of employment referred to in subsection (a)(1) or (a)(2), as the case may be (in the order of priority set out in the applicable subsection), that provides a similar status and pay to a position of employment referred to in paragraph (1) of this subsection, consistent with circumstances of such person’s case, with full seniority.

      ‘(B) In the case of a person who has a disability incurred in, or aggravated by, 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 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), 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 of this title, such person shall be reemployed in a position of employment as described in section 4313 of this title.

    ‘(b)(1) If the Director of the Office of Personnel Management makes a determination described in paragraph (2) with respect to a person who was employed by a Federal executive agency at the time the person entered the service from which the person seeks reemployment under this section, the Director shall--

      ‘(A) identify a position of like seniority, status, and pay at another Federal executive agency that satisfies the requirements of section 4313 of this title and for which the person is qualified; and

      ‘(B) ensure that the person is offered such position.

    ‘(2) The Director shall carry out the duties referred to in subparagraphs (A) and (B) of paragraph (1) if the Director determines that--

      ‘(A) the Federal executive agency that employed the person referred to in such paragraph no longer exists and the functions of such agency have not been transferred to another Federal executive agency; or

      ‘(B) it is impossible or unreasonable for the agency to reemploy the person.

    ‘(c) If the employer of a person described in subsection (a) was, at the time such person entered the service from which such person seeks reemployment under this section, a part of the judicial branch or the legislative branch of the Federal Government, and such employer determines that it is impossible or unreasonable for such employer to reemploy such person, such person shall, upon application to the Director of the Office of Personnel Management, be ensured an offer of employment in an alternative position in a Federal executive agency on the basis 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, such person shall, upon application to the Director of the Office of Personnel Management, be ensured an offer of employment in an alternative position in a Federal executive agency on the basis described in subsection (b).

‘ 4315. Reemployment by certain Federal agencies

    ‘(a) The head of each agency referred to in section 2302(a)(2)(C)(ii) of title 5 shall prescribe procedures for ensuring that the rights under this chapter apply to the employees of such agency.

    ‘(b) In prescribing procedures under subsection (a), the head of an agency referred to in that subsection shall ensure, to the maximum extent practicable, that the procedures of the agency for reemploying persons who serve in the uniformed services provide for the reemployment of such persons in the agency in a manner similar to the manner of reemployment described in section 4313 of this title.

    ‘(c)(1) The regulations prescribed under subsection (a) shall designate an official at the agency who shall determine whether or not the reemployment of a person referred to in subsection (b) by the agency is impossible or unreasonable.

    ‘(2) Upon making a determination that the reemployment by the agency of a person referred to in subsection (b) is impossible or unreasonable, the official referred to in paragraph (1) shall notify the person and the Director of the Office of Personnel Management of such determination.

    ‘(3) A determination pursuant to this subsection shall not be subject to judicial review.

    ‘(4) The head of each agency referred to in subsection (a) shall submit to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives on an annual basis a report on the number of persons whose reemployment with the agency was determined under this subsection to be impossible or unreasonable during the year preceding the report, including the reason for each such determination.

    ‘(d)(1) Except as provided in this section, nothing in this section, section 4313 of this title, or section 4324 of this title shall be construed to exempt any agency referred to in subsection (a) from compliance with any other substantive provision of this chapter.

    ‘(2) This section may not be construed--

      ‘(A) as prohibiting an employee of an agency referred to in subsection (a) from seeking information from the Secretary regarding assistance in seeking reemployment from the agency under this chapter, alternative employment in the Federal Government under this chapter, or information relating to the rights and obligations of employee and Federal agencies under this chapter; or

      ‘(B) as prohibiting such an agency from voluntarily cooperating with or seeking assistance in or of clarification from the Secretary or the Director of the Office of Personnel Management of any matter arising under this chapter.

    ‘(e) The Director of the Office of Personnel Management shall ensure the offer of employment to a person in a position in a Federal executive agency on the basis described in subsection (b) if--

      ‘(1) the person was an employee of an agency referred to in section 2302(a)(2)(C)(ii) of title 5 at the time the person entered the service from which the person seeks reemployment under this section;

      ‘(2) the appropriate officer of the agency determines under section 4315(c) of this title that reemployment of the person by the agency is impossible or unreasonable; and

      ‘(3) the person submits an application to the Director for an offer of employment under this subsection.

‘Sec. 4316. Rights, benefits, and obligations of persons absent from employment for service in a uniformed service

    ‘(a) A person who is reemployed under this chapter after a period of service in the uniformed services is entitled to the seniority and other rights and benefits determined by seniority that the person had on the date of the commencement of such service plus the additional seniority and rights and benefits that such person would have attained if the person had remained continuously employed.

    ‘(b)(1)(A) Subject to paragraphs (2) through (6), a person who performs service in the uniformed services shall be--

      ‘(i) deemed to be on furlough or leave of absence while performing such service; and

      ‘(ii) entitled to such other rights and benefits not determined by seniority as are generally provided by the employer of the person to employees having similar seniority, status, and pay who are on furlough or leave of absence under a practice, policy, agreement, or plan in effect at the commencement of such service or established while such person performs such service.

    ‘(B) Such person may be required to pay the employee cost, if any, of any funded benefit continued pursuant to subparagraph (A) to the extent other employees on furlough or leave of absence are so required. In the case of a 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 arising under this paragraph shall be allocated by the plan in such manner as the sponsor maintaining the plan may provide (or, if the sponsor does not so provide, shall be allocated to the last employer employing the person before the period served by the person in the uniformed services).

    ‘(2) A person deemed to be on furlough or leave of absence under this subsection while serving in the uniformed services shall not be entitled under this subsection to any benefits which the person would not otherwise be entitled if the person were not on a furlough or leave of absence.

    ‘(3) A person is not entitled under this subsection to coverage under a health plan to the extent that the person is entitled to care or treatment from the Federal Government as a result of such person’s service in the uniformed services.

    ‘(4) A person is not entitled under this subsection to coverage, under a disability insurance policy, of an injury or disease incurred or aggravated during a period of active duty service in excess of 31 days to the extent such coverage is excluded or limited by a provision of such policy.

    ‘(5) A person is not entitled under this subsection to coverage, under a life insurance policy, of a death incurred by the person as a result of the person’s participation in, or assignment to an area of, armed conflict to the extent that such coverage is excluded or limited by a provision of such policy.

    ‘(6) The requirement that an employer provide rights or benefits under paragraph (1) to a person deemed to be on furlough or leave of absence shall expire on the earlier of--

      ‘(A) the date of the end of the 18-month period that begins on the date on which the person commences the performance of the service referred to in paragraph (1); or

      ‘(B) the date of the expiration of the person’s obligation with respect to such service to notify the person’s employer of the person’s intent to return to a position of employment under section 4312(e) of this title.

    ‘(7) The entitlement of a person to a right or benefit under an employee pension benefit plan is provided for under section 4317 of this title.

    ‘(c)(1)(A) Subject to paragraphs (2) and (3), if a person’s employer-sponsored health-plan coverage would otherwise terminate due to an extended absence from employment for purposes of performing service in the uniformed services, the person may elect to continue health-plan coverage acquired through civilian employment in accordance with this paragraph so that such coverage continues for not more than 18 months after such absence begins.

    ‘(B) A person who elects to continue health-plan coverage under this paragraph may be required to pay not more than 102 percent of the full premium (determined in the same manner as the applicable premium under section 4980B(f)(4) of the Internal Revenue Code of 1986 (26 U.S.C. 4980B(f)(4))) associated with such coverage for the employer’s other employees, except that in the case of a person who performs a period of service in the uniformed services for less than 31 days, such person may not be required to pay more than the employee share, if any, for such coverage.

    ‘(C) 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 arising under this paragraph shall be allocated by the plan in such manner as the sponsor maintaining the plan may provide (or, if the sponsor does not so provide, shall be allocated to the last employer employing the person before the period served by the person in the uniformed services).

    ‘(2) A person who elects to continue health-plan coverage under this subsection shall not be entitled to coverage under the plan to the extent that the person is entitled to care or treatment from the Federal Government as a result of such person’s service in the uniformed services.

    ‘(3) The period of coverage of a person and the person’s dependents under a continuation of health-plan coverage elected by the person under this subsection shall be the lesser of--

      ‘(A) the 18-month period beginning on the date on which the absence referred to in paragraph (1) begins; or

      ‘(B) the aggregate of the period of the person’s service in the uniformed services and the period in which the person is required to notify the person’s employer of the person’s intent to return to a position of employment under section 4312(e) of this title.

    ‘(d)(1) Except as provided in paragraph (2), in the case of a person whose coverage by an employer-sponsored health plan as an employee is terminated by reason of the service of such person in the uniformed services, an exclusion or waiting period may not be imposed in connection with the reinstatement of the coverage of the person upon reemployment under this chapter, or in connection with any other individual who is covered by the health plan by reason of the reinstatement of the coverage of such person upon reemployment, if an exclusion or waiting period would not have been imposed under such health plan had coverage of such person by such health plan not been terminated as a result of such service.

    ‘(2) Paragraph (1) shall not apply to the condition of a person if the Secretary determines that the condition was incurred or aggravated during active military, naval, or air service.

    ‘(e) A person who is reemployed by an employer under this chapter shall not be discharged from such employment, except for cause--

      ‘(1) within one year after the date of such reemployment, if the person’s period of service before the reemployment was more than 180 days; or

      ‘(2) within 180 days after the date of such reemployment, if the person’s period of service before the reemployment was more than 30 days but less than 181 days.

    ‘(f)(1) Any person described in paragraph (2) whose employment with an employer referred to in that paragraph is interrupted by a period of service in the uniformed services shall be permitted, upon request of that person, to use during such period of service any vacation or annual leave with pay accrued by the person before the commencement of such service.

    ‘(2) A person entitled to the benefit described in paragraph (1) is a person who--

      ‘(A) has accrued vacation or annual leave with pay under a policy or practice of a State (as an employer) or private employer; or

      ‘(B) has accrued such leave as an employee of the Federal Government pursuant to subchapter I of chapter 63 of title 5.

‘Sec. 4317. Employee pension benefit plans

    ‘(a)(1)(A) Except as provided in subparagraph (B), in the case of a right provided pursuant to an employee 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. This subparagraph shall not be construed to affect any other right or benefit under this chapter.

    ‘(2)(A) Except as provided in section 4312(f)(3)(B) of this title, a person reemployed under this chapter shall be treated as not having incurred a break in service with the employer or employers maintaining the plan by reason of such person’s period or periods of service in the uniformed services.

    ‘(B) Each period served by a person in the uniformed services shall, upon reemployment under this chapter, be deemed to constitute service with the employer or employers maintaining the plan for purpose of determining the nonforfeitability of the person’s accrued benefits and for the purpose of determining the accrual of benefits under the plan.

    ‘(b)(1) An employer reemploying a person under this chapter shall be liable to an employee benefit pension plan for funding any obligation of the plan to provide the 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 may provide (or, if the sponsor does not so provide, shall be allocated to the last employer employing the person before the period described in subsection (a)(2)(B)).

    ‘(2) A person reemployed under this chapter shall be entitled to accrued benefits pursuant to subsection (a) that are contingent on the making of, or derived from, employee contributions or elective deferrals only to the extent the person elects to make employee contributions or elective deferrals that are attributable to the period of service described in subsection (a)(2)(B). No such contributions or deferrals may exceed the amount the person or employer would have been permitted or required to make had the person remained continuously employed by the employer throughout the period of service described in subsection (a)(2)(B). Any employee contribution or deferral to the plan described in this paragraph shall be made during any reasonable continuous period (beginning with the date of reemployment) as the employer and the person may agree but in no event shall such person be afforded a payment period shorter than the length of absence for service for which the payments are due.

    ‘(3) For purposes of computing an employer’s liability under paragraph (1) or the employee’s contributions under paragraph (2), the employee’s compensation during the period of service described in subsection (a)(2)(B)--

      ‘(A) shall be computed at the rate the employee would have received but for the absence during the period of service; or

      ‘(B) if the employee’s compensation was not based on a fixed rate, shall be computed on the basis of the employee’s average rate of compensation during the 12-month period immediately preceding such period (or, if shorter, the period of employment immediately preceding such period).

    ‘(4) Notwithstanding any other provision of this section--

      ‘(A) no earnings shall be credited to an employee with respect to any contribution prior to such contribution being made; and

      ‘(B) any forfeitures during the period described in subsection (a)(2)(B) shall not be allocated to persons reemployed under this chapter.

    ‘(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 notice of such reemployment to the administrator of such plan.

    ‘(d) No provision of this section shall apply to the extent it--

      ‘(1) requires any action to be taken which would cause the plan, any of its participants, or employer to suffer adverse tax or other consequences under the Internal Revenue Code of 1986; or

      ‘(2) requires contributions to be returned or reallocated, or additional contributions to be made, with respect to employees not reemployed under this chapter.

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

‘Sec. 4321. Assistance in obtaining reemployment or other employment rights or benefits

    ‘(a) The Secretary (through the Veterans’ Employment and Training Service) shall provide assistance to any person with respect to the employment and reemployment rights and benefits to which such person is entitled under this chapter. In providing such assistance, the Secretary may request the assistance of existing Federal and State agencies engaged in similar or related activities and utilize the assistance of volunteers.

    ‘(b)(1)(A) A person referred to in subparagraph (B) may submit a complaint to the Secretary with respect to the matters described in clause (ii) of such subparagraph. Such complaint shall be submitted in accordance with subsection (c).

    ‘(B) A person may submit a complaint under subparagraph (A) if the person claims--

      ‘(i) to be entitled under this chapter to employment or reemployment rights or benefits with respect to employment by an employer; and

      ‘(ii) that the employer (including the Office of Personnel Management, if the employer is the Federal Government) has failed or refused, or is about to fail or refuse, to comply with the provisions of this chapter.

    ‘(2) The Secretary shall, upon request, provide technical assistance to a potential claimant with respect to a complaint under this subsection, and to such claimant’s employer.

    ‘(c) A complaint submitted under subsection (b) shall be in a form prescribed by the Secretary and shall include--

      ‘(1) the name and address of the employer or potential employer against whom the complaint is directed; and

      ‘(2) a summary of the allegations upon which the complaint is based.

    ‘(d) The Secretary shall investigate each complaint submitted pursuant to subsection (b). If the Secretary determines as a result of the investigation that the action alleged in such complaint occurred, the Secretary shall resolve the complaint by making reasonable efforts to ensure that the person or entity named in the complaint complies with the provisions of this chapter.

    ‘(e) If the efforts of the Secretary with respect to a complaint under subsection (d) are unsuccessful, the Secretary shall notify the person who submitted the complaint of--

      ‘(1) the results of the Secretary’s investigation; and

      ‘(2) the complainant’s entitlement to proceed under the enforcement of rights provisions provided under section 4322 of this title (in the case of a person submitting a complaint against a State or private employer) or section 4323 of this title (in the case of a person submitting a complaint against the Federal Government).

    ‘(f) This subchapter does not apply to any action relating to benefits to be provided under the Thrift Savings Plan under title 5.

‘Sec. 4322. Enforcement of rights with respect to a State or private employer

    ‘(a)(1) A person who receives from the Secretary a notification pursuant to section 4321(e) of this title of an unsuccessful effort to resolve a complaint relating to a State (as an employer) or a private employer may request that the Secretary refer the complaint to the Attorney General. If the Attorney General is reasonably satisfied that the person on whose behalf the complaint is referred is entitled to the rights or benefits sought, the Attorney General may appear on behalf of, and act as attorney for, the person on whose behalf the complaint is submitted and commence an action for appropriate relief for such person in an appropriate United States district court.

    ‘(2)(A) A person referred to in subparagraph (B) may commence an action for appropriate relief in an appropriate United States district court.

    ‘(B) A person entitled to commence an action for relief with respect to a complaint under subparagraph (A) is a person who--

      ‘(i) has chosen not to apply to the Secretary for assistance regarding the complaint under section 4321(c) of this title;

      ‘(ii) has chosen not to request that the Secretary refer the complaint to the Attorney General under paragraph (1); or

      ‘(iii) has been refused representation by the Attorney General with respect to the complaint under such paragraph.

    ‘(b) In the case of an action against a State as an employer, the appropriate district court is the court for any district in which the State exercises any authority or carries out any function. In the case of a private employer the appropriate district court is the district court for any district in which the private employer of the person maintains a place of business.

    ‘(c)(1)(A) The district courts of the United States shall have jurisdiction, upon the filing of a complaint, motion, petition, or other appropriate pleading by or on behalf of the person entitled to a right or benefit under this chapter--

      ‘(i) to require the employer to comply with the provisions of this chapter;

      ‘(ii) to require the State or private employer, as the case may be, to compensate the person for any loss of wages or benefits suffered by reason of such employer’s failure to comply with the provisions of this chapter; and

      ‘(iii) to require the employer to pay the person an amount equal to the amount referred to in clause (ii) as liquidated damages, if the court determines that the employer’s failure to comply with the provisions of this chapter was willful.

    ‘(B) Any compensation under clauses (ii) and (iii) of subparagraph (A) shall be in addition to, and shall not diminish, any of the other rights and benefits provided for in this chapter.

    ‘(2)(A) No fees or court costs shall be charged or taxed against any person claiming rights under this chapter.

    ‘(B) In any action or proceeding to enforce a provision of this chapter by a person under subsection (a)(2) who obtained private counsel for such action or proceeding, the court may award any such person who prevails in such action or proceeding reasonable attorney fees, expert witness fees, and other litigation expenses.

    ‘(3) The court may use its full equity powers, including temporary or permanent injunctions and temporary restraining orders, to vindicate fully the rights or benefits of persons under this chapter.

    ‘(4) An action under this chapter may be initiated only by a person claiming rights or benefits under this chapter, and not by an employer, prospective employer, or other entity with obligations under this chapter.

    ‘(5) In any such action, only a State and local government (as an employer), an employer, or a potential employer, as the case may be, shall be a necessary party respondent.

    ‘(6) No State statute of limitations shall apply to any proceeding under this chapter.

    ‘(7) A State shall be subject to the same remedies, including prejudgment interest, as may be imposed upon any private employer under this section.

‘Sec. 4323. Enforcement of rights with respect to Federal executive agencies

    ‘(a)(1) A person who receives from the Secretary a notification pursuant to section 4321(e) of this title of an unsuccessful effort to resolve a complaint relating to a Federal executive agency may request that the Secretary refer the complaint for litigation before the Merit Systems Protection Board. The Secretary shall refer the complaint to the Office of Special Counsel established by section 1211 of title 5.

    ‘(2)(A) If the Special Counsel is reasonably satisfied that the person on whose behalf a complaint is referred under paragraph (1) is entitled to the rights or benefits sought, the Special Counsel (upon the request of the person submitting the complaint) may appear on behalf of, and act as attorney for, the person and initiate an action regarding such complaint before the Merit Systems Protection Board.

    ‘(B) If the Special Counsel decides not to initiate an action and represent a person before the Merit Systems Protection Board under subparagraph (A), the Special Counsel shall notify such person of that decision.

    ‘(b)(1) A person referred to in paragraph (2) may submit a complaint against a Federal executive agency under this subchapter directly to the Merit Systems Protection Board. A person who seeks a hearing or adjudication by submitting such a complaint under this paragraph may be represented at such hearing or adjudication in accordance with the rules of the Board.

    ‘(2) A person entitled to submit a complaint to the Merit Systems Protection Board under paragraph (1) is a person who--

      ‘(A) has chosen not to apply to the Secretary for assistance regarding a complaint under section 4321(c) of this title;

      ‘(B) has received a notification from the Secretary under section 4321(e) of this title;

      ‘(C) has chosen not to be represented before the Board by the Special Counsel pursuant to subsection (a)(2)(A); or

      ‘(D) has received a notification of a decision from the Special Counsel under subsection (a)(2)(B).

    ‘(c)(1) The Merit Systems Protection Board shall adjudicate any complaint brought before the Board pursuant to subsection (a)(2)(A) or (b)(1).

    ‘(2) If the Board determines that a Federal executive agency has not complied with the provisions of this chapter relating to the employment or reemployment of a person by the agency, the Board shall enter an order requiring the agency or employee to comply with such provisions and to compensate such person for any loss of wages or benefits suffered by such person by reason of such lack of compliance.

    ‘(3) Any compensation received by a person pursuant to an order under paragraph (1) shall be in addition to any other right or benefit provided for by this chapter and shall not diminish any such right or benefit.

    ‘(4) If the Board determines as a result of a hearing or adjudication conducted pursuant a complaint submitted by a person directly to the Board pursuant to subsection (b)(1) that such person is entitled to an order referred to in paragraph (2), the Board may, in its discretion, award such person reasonable attorney fees, expert witness fees, and other litigation expenses.

    ‘(d) A person adversely affected or aggrieved by a final order or decision of the Merit Systems Protection Board under subsection (c) may petition the United States Court of Appeals for the Federal Circuit to review the final order or decision. Such petition and review shall be in accordance with the procedures set forth in section 7703 of title 5.

    ‘(e) A person may be represented by the Special Counsel in an action for review of a final order or decision issued by the Merit Systems Protection Board pursuant to subsection (c) that is brought pursuant to section 7703 of title 5 unless the person was not represented by the Special Counsel before the Merit Systems Protection Board regarding such order or decision.

‘Sec. 4324. Enforcement of rights with respect to certain Federal agencies

    ‘(a) This section applies to any person who alleges that--

      ‘(1) the reemployment of such person by an agency referred to in subsection (a) of section 4315 of this title was not in accordance with procedures for the reemployment of such person under subsection (b) of such section; or

      ‘(2) the failure of such agency to reemploy the person under such section was otherwise wrongful.

    ‘(b) Any person referred to in subsection (a) may submit a claim relating to an allegation referred to in that subsection to the inspector general of the agency which is the subject of the allegation. The inspector general shall investigate and resolve the allegation pursuant to procedures prescribed by the head of the agency.

    ‘(c) In prescribing procedures for the investigation and resolution of allegations under subsection (b), the head of an agency shall ensure, to the maximum extent practicable, that the procedures are similar to the procedures for investigating and resolving complaints utilized by the Secretary under section 4321(d) of this title.

    ‘(d) This section may not be construed--

      ‘(1) as prohibiting an employee of an agency referred to in subsection (a) from seeking information from the Secretary regarding assistance in seeking reemployment from the agency under this chapter, alternative employment in the Federal Government under this chapter, or information relating to the rights and obligations of employee and Federal agencies under this chapter; or

      ‘(2) as prohibiting such an agency from voluntarily cooperating with or seeking assistance in or of clarification from the Secretary or the Director of the Office of Personnel Management of any matter arising under this chapter.

‘Sec. 4325. Conduct of investigation; subpoenas

    ‘(a) In carrying out any investigation under this chapter, the Secretary’s duly authorized representatives shall, at all reasonable times, have reasonable access to, for purposes of examination, and the right to copy and receive, any documents of any person or employer that the Secretary considers relevant to the investigation.

    ‘(b) In carrying out any investigation 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 subpoena.

    ‘(c) Upon application, the district courts of the United States shall have jurisdiction to issue writs commanding any person or employer to comply with the subpoena of the Secretary or to comply with any order of the Secretary made pursuant to a lawful investigation under this chapter and district courts shall have jurisdiction to punish failure to obey a subpoena or other lawful order of the Secretary as a contempt of court.

    ‘(d) Subsections (b) and (c) shall not apply to the legislative branch or the judicial branch of the United States.

‘SUBCHAPTER IV--MISCELLANEOUS

‘Sec. 4331. Regulations

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

    ‘(b)(1) The Director of the Office of Personnel 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 Federal executive agencies (other than the agencies referred to in paragraph (2)) as employers. Such regulations shall be consistent with the regulations pertaining to the States as employers and private employers.

    ‘(2) The following entities may prescribe regulations to carry out the activities of such entities under this chapter:

      ‘(A) The Merit Systems Protection Board.

      ‘(B) The Office of Special Counsel.

      ‘(C) The agencies referred to in section 2303(a)(2)(C)(ii) of title 5.

‘ 4332. Outreach

    ‘The Secretary, the Secretary of Defense, and the 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 employers under this chapter.’.

    (b) TABLE OF CHAPTERS- 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’.

    (c) REPORT RELATING TO IMPLEMENTATION OF REEMPLOYMENT RIGHTS PROVISIONS- Not later than one year after the date of the enactment of this Act, the Secretary of Labor, the Attorney General of the United States, and the Special Counsel referred to in section 4323(a)(1) of title 38, United States Code (as added by subsection (a)), shall each submit a report to the Congress relating to the implementation of chapter 43 of such title (as added by such subsection).

SEC. 3. EXEMPTION FROM MINIMUM SERVICE 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 an entitlement to rights and benefits under chapter 43 of this title.’.

SEC. 4. REPEAL OF TITLE 5 PROVISIONS RELATING TO REEMPLOYMENT RIGHTS OF RESERVISTS.

    (a) REPEAL- Subchapter II of chapter 35 of title 5, United States Code, is repealed.

    (b) CONFORMING AMENDMENT- The table of sections at the beginning of such chapter is amended by striking out the items relating to subchapter II and section 3551.

SEC. 5. REVISION OF FEDERAL CIVIL SERVICE RETIREMENT BENEFIT PROGRAM FOR RESERVISTS.

    (a) CREDITABLE MILITARY SERVICE UNDER CSRS- Section 8331(13) of title 5, United States Code, is amended in the flush matter by inserting ‘or full-time National Guard duty (as such term is defined in section 101(d) of title 10) if such service interrupts creditable civilian service under this subchapter and is followed by reemployment in accordance with chapter 43 of title 38 that occurs on or after August 1, 1990’ before the semicolon.

    (b) PAY DEDUCTIONS FOR MILITARY SERVICE UNDER CSRS- Section 8334(j)(1) of such title is amended--

      (1) by striking out ‘Each employee’ and inserting in lieu thereof ‘(A) Except as provided in subparagraph (B), each employee’; and

      (2) by adding at the end the following:

    ‘(B) In any case where military service interrupts creditable civilian service under this subchapter and reemployment pursuant to chapter 43 of title 38 occurs on or after August 1, 1990, the deposit payable under this paragraph may not exceed the amount that would have been deducted and withheld under subsection (a)(1) from basic pay during civilian service if the employee had not performed the period of military service.’.

    (c) CREDITABLE MILITARY SERVICE UNDER FERS- Section 8401(31) of such title is amended in the flush matter by inserting ‘or full-time National Guard duty (as such term is defined in section 101(d) of title 10) if such service interrupts creditable civilian service under this subchapter and is followed by reemployment in accordance with chapter 43 of title 38 that occurs on or after August 1, 1990’ before the semicolon.

    (d) PAY DEDUCTIONS FOR MILITARY SERVICE UNDER FERS- Section 8422(e)(1) of such title is amended--

      (1) by striking out ‘Each employee’ and inserting in lieu thereof ‘(A) Except as provided in subparagraph (B), each employee’; and

      (2) by adding at the end the following:

    ‘(B) In any case where military service interrupts creditable civilian service under this subchapter and reemployment pursuant to chapter 43 of title 38 occurs on or after August 1, 1990, the deposit payable under this paragraph may not exceed the amount that would have been deducted and withheld under subsection (a)(1) from basic pay during civilian service if the employee had not performed the period of military service.’.

    (e) TECHNICAL AMENDMENTS- Title 5, United States Code, is amended as follows:

      (1) In section 8401(11), by striking out ‘1954’ in the flush matter above clause (i) and inserting in lieu thereof ‘1986’.

      (2) In section 8422(a)(2)(A)(ii), by striking out ‘1954’ and inserting in lieu thereof ‘1986’.

      (3) In section 8432(d), by striking out ‘1954’ in the first sentence and inserting in lieu thereof ‘1986’.

      (4) In section 8433(i)(4), by striking out ‘1954’ and inserting in lieu thereof ‘1986’.

      (5) In section 8440--

        (A) by striking out ‘1954’ in subsection (a) and inserting in lieu thereof ‘1986’; and

        (B) by striking out ‘1954’ in subsection (c) and inserting in lieu thereof ‘1986’.

SEC. 6. THRIFT SAVINGS PLAN.

    (a) IN GENERAL- (1) Title 5, United States Code, is amended by inserting after section 8432a the following:

‘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)(A) The Executive Director shall prescribe the time, form, and manner in which an employee may specify--

      ‘(i) the total amount such employee wishes to contribute under this subsection with respect to any particular period referred to in paragraph (2)(B); and

      ‘(ii) the period of time over which the employee wishes to make contributions under this subsection.

    ‘(B) The employing agency may place a maximum limit on the period of time referred to in subparagraph (A)(ii), which cannot be shorter than two times the period referred to in paragraph (2)(B) and not longer than four times such period.

    ‘(c) If an employee makes contributions under 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) Amounts paid under subsection (c) or (d) 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.

    ‘(g)(1) For purposes of section 8432(g), in the case of an employee to whom this section applies--

      ‘(A) a separation from civilian service in order to perform the military service on which the 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.

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

    (2) The table of sections at the beginning of chapter 84 of title 5, United States Code, is amended by inserting after the item relating to section 8432a the following:

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

    (b) PRESERVATION OF CERTAIN RIGHTS- (1) Section 8433(d) of title 5, United States Code, is amended by striking ‘subsection (e).’ and inserting ‘subsection (e), unless an election under section 8432b(g)(2) is made to treat such separation for purposes of this subsection as if it had never occurred.’.

    (2) Paragraphs (1) and (2) of section 8433(h) are each amended by striking the period at the end and inserting ‘, or unless an election under section 8432b(g)(2) is made to treat such separation for purposes of this paragraph as if it had never occurred.’.

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

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

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

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

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

        ‘(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 (as added by section 2(a)), occurs on or after August 1, 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 restored or reemployed in a position of employment (in the circumstances described in section 8432b(a) of title 5, United States Code, as amended by this section) before the date of enactment of this Act, the 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).

SEC. 7. CONFORMING AMENDMENTS.

    (a) TITLE 5- 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) 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’.

SEC. 8. TECHNICAL AMENDMENT.

    (a) 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’.

    (b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect as if included in Public Law 102-16 to which such amendment relates.

SEC. 9. 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 4316(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 4316. 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 or the period of the person’s service in the uniformed service, whichever is the period of lesser duration.

    (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 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) INVESTIGATIONS AND SUBPOENAS- The provisions of section 4325 of title 38, United States Code, as provided in the amendments made by this Act, shall become effective on the date of the enactment of this Act and apply to any matter pending with the Secretary of Labor under section 4305 of title 38, United States Code, as of that date.

    (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 begin before the end of the 60-day period referred to in subsection (a).

    (g) DEFINITION- For the purposes of this section, the term ‘service in the uniformed services’ shall have the meaning given such term in section 4303(13) of title 38, United States Code, as provided in the amendments made by this Act.

SEC. 10. INCREASE IN AMOUNT OF LOAN GUARANTY FOR LOANS FOR THE PURCHASE OR CONSTRUCTION OF HOMES.

    Subparagraphs (A)(i)(IV) and (B) of section 3703(a)(1) of title 38, United States Code, are each amended by striking out ‘$46,000’ and inserting in lieu thereof ‘$50,750’.

Attest:

Secretary.

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