
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 3USC416]

 
                         TITLE 3--THE PRESIDENT
 
 CHAPTER 5--EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO PRESIDENTIAL 
                                 OFFICES
 
           SUBCHAPTER II--EXTENSION OF RIGHTS AND PROTECTIONS
 
Part A--Employment Discrimination, Family and Medical Leave, Fair Labor 
    Standards, Employee Polygraph Protection, Worker Adjustment and 
  Retraining, Employment and Reemployment of Veterans, and Intimidation
 
Sec. 416. Rights and protections relating to veterans' 
        employment and reemployment
        
    (a) Employment and Reemployment Rights of Members of the Uniformed 
Services.--
        (1) In general.--It shall be unlawful for an employing office 
    to--
            (A) discriminate, within the meaning of subsections (a) and 
        (b) of section 4311 of title 38, against an eligible employee;
            (B) deny to an eligible employee reemployment rights within 
        the meaning of sections 4312 and 4313 of title 38; or
            (C) deny to an eligible employee benefits within the meaning 
        of sections 4316, 4317, and 4318 of title 38.

        (2) Definition.--For purposes of this section, the term 
    ``eligible employee'' means a covered employee performing service in 
    the uniformed services, within the meaning of section 4303(13) of 
    title 38, whose service has not been terminated upon the occurrence 
    of any of the events enumerated in section 4304 of such title.

    (b) Remedy.--The remedy for a violation of subsection (a) shall be 
such damages as would be appropriate if awarded under paragraphs (1) and 
(2)(A) of section 4323(c) of title 38.
    (c) Regulations To Implement Section.--
        (1) In general.--The President, or the designee of the 
    President, shall issue regulations to implement this section.
        (2) Agency regulations.--The regulations issued under paragraph 
    (1) shall be the same as substantive regulations promulgated by the 
    Secretary of Labor to implement the statutory provisions referred to 
    in subsections (a) and (b)--
            (A) except to the extent that the President or designee may 
        determine, for good cause shown and stated together with the 
        regulation, that a modification of such regulations would be 
        more effective for the implementation of the rights and 
        protections under this section; and
            (B) except that the President or designee may, at the 
        discretion of the President or designee, issue regulations to 
        implement a provision of section 4314 or 4324 of title 38, 
        United States Code, that applies to employees in the executive 
        branch of the Federal Government in lieu of an analogous 
        statutory provision referred to in subsection (a) or (b), if the 
        issuance of such regulations--
                (i) would be equally effective for the implementation of 
            the rights and protections under this section; and
                (ii) would promote uniformity in the application of 
            Federal law to employees in the executive branch of the 
            Federal Government.

    (d) Effective Date.--Subsections (a) and (b) shall take effect on 
the earlier of--
        (1) the effective date of regulations issued under subsection 
    (c); or
        (2) October 1, 1998.

(Added Pub. L. 104-331, Sec. 2(a), Oct. 26, 1996, 110 Stat. 4060.)


                             Effective Date

    Subsec. (c) of this section effective Oct. 26, 1996, see section 
471(b) of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 401, 435, 471 of this title.
