[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 843 Engrossed in Senate (ES)]

103d CONGRESS

  1st Session

                                 S. 843

_______________________________________________________________________

                                 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.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
103d CONGRESS
  1st Session
                                 S. 843

_______________________________________________________________________

                                 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.

    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--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.
``Sec.  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).
``Sec.  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.
``Sec.  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      4301''.
    uniformed services.
    (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''.

            Passed the Senate November 2, 1993.

            Attest:






                                                             Secretary.

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