[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 995 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 995
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 18, 1993
Mr. Montgomery (for himself, Mr. Stump, Mr. Penny, Mr. Smith of New
Jersey, Mr. Slattery, Mr. Clyburn, and Mr. Quinn) introduced the
following bill; which was referred jointly to the Committees on
Veterans' Affairs and Post Office and Civil Service
_______________________________________________________________________
A BILL
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
INVESTIGATION
``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
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 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) or (3) 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 uniform
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 not feasible 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 not feasible 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 not
feasible 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, policy, or practice
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) 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.
``(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 or employer 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) 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.
``Sec. 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.
``Sec. 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 4301''.
uniformed services.
(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 items relating to subchapter II.
(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)--
``(i) assuming a contribution rate of 10 percent;
and
``(ii) not counting any amounts which would be
attributable to any period during which such employee
was not or would not have been eligible to contribute
due to subparagraph (A), (B), or (C) of section
8432(b)(2) (except that section 8432(b)(2)(C) shall not
be a basis for discounting any amounts if the election
to terminate contributions involved is made within 2
months before commencing military service); reduced by
``(B) any contributions under section 8432(a) actually made
by such employee over the period described in subparagraph (A)
(in the matter before clause (i) thereof).
``(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 (not shorter than the
period referred to in paragraph (2)(B) and not longer than 4
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)(1) 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--
``(A) 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
``(B) 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).
``(2) An amount under this subsection shall be paid--
``(A) by the agency to which the employee is restored or in
which such employee is reemployed;
``(B) from the same source as would be the case under
section 8432(e) with respect to sums required under section
8432(c); and
``(C) within the time prescribed by the Executive Director.
``(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) 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.
``(g) 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(f)(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(f)(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 assumed under section
8432b(b)(2)(A)(i) 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, in the matter before clause (i), 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).
<all>
HR 995 IH----2
HR 995 IH----3
HR 995 IH----4
HR 995 IH----5