
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC4301]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
    CHAPTER 43--EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE 
                           UNIFORMED SERVICES
 
                          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; 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.

(Added Pub. L. 103-353, Sec. 2(a), Oct. 13, 1994, 108 Stat. 3150; 
amended Pub. L. 104-275, title III, Sec. 311(1), Oct. 9, 1996, 110 Stat. 
3333.)


                            Prior Provisions

    A prior section 4301, applicable to reemployments initiated before 
the end of the 60-day period beginning Oct. 13, 1994, is contained in 
chapter 43 set out as a note preceding this subchapter.
    Another prior section 4301 was renumbered section 7601 of this 
title.


                               Amendments

    1996--Subsec. (a)(2). Pub. L. 104-275 struck out ``under honorable 
conditions'' after ``upon their completion of such service''.


                    Effective Date of 1996 Amendment

    Section 313 of Pub. L. 104-275 provided that:
    ``(a) In General.--Except as provided in subsection (b), the 
amendments made by this subtitle [subtitle B (Secs. 311-313) of title 
III of Pub. L. 104-275, amending this section, sections 4303, 4311 to 
4313, 4316 to 4318, and 4322 to 4326 of this title, and provisions set 
out as a note below] shall take effect as of October 13, 1994.
    ``(b) Reorganized Title 10 References.--The amendments made by 
clause (i), and subclauses (I), (III), and (IV) of clause (ii), of 
section 311(4)(B) [amending section 4312 of this title] shall take 
effect as of December 1, 1994.''


                             Effective Date

    Section 8 of Pub. L. 103-353, as amended by Pub. L. 104-275, title 
III, Sec. 312, Oct. 9, 1996, 110 Stat. 3336, provided that:
    ``(a) Reemployment.--(1) Except as otherwise provided in this Act 
[see Short Title of 1994 Amendment note set out under section 101 of 
this title], 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 [Oct. 13, 
1994].
    ``(2) The provisions of chapter 43 of title 38, United States Code, 
in effect on the day before such date of enactment [set out as a note 
preceding this subchapter], 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. Any service begun up to 60 days after the date of the 
enactment of this Act, which is served up to 60 days after the date of 
the enactment of this Act pursuant to orders issued under section 502(f) 
of title 32, United States Code, shall be considered under chapter 43 of 
title 38, United States Code, as in effect on the day before such date 
of enactment. Any service pursuant to orders issued under such section 
502(f) served after 60 days after the date of the enactment of this Act, 
regardless of when begun, shall be considered under the amendments made 
by this Act.
    ``(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 uniformed services that was 
initiated before the end of such 60-day 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 [Oct. 13, 1994].
    ``(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 [Oct. 13, 1994].
    ``(c) Insurance.--(1) The provisions of section 4316 of title 38, 
United States Code, as provided in the amendments made by this Act, 
concerning insurance coverage (other than health) shall become effective 
with respect to furloughs or leaves of absence initiated on or after the 
date of enactment of this Act [Oct. 13, 1994].
    ``(2) With respect to the provisions of section 4317 of title 38, 
United States Code, as provided in the amendments made by this Act, a 
person serving a period of service in the uniformed services 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 a health plan as provided in such section 4317. If 
such an election is made, the health plan 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 
[Oct. 13, 1994]), 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 4326 
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 [Oct. 13, 1994] and apply to any matter pending with the Secretary 
of Labor under section 4305 of title 38, United States Code [set out in 
a note preceding this subchapter], 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) Rights and Benefits Relative to Notice of Intent Not To 
Return.--Section 4316(b)(2) of title 38, United States Code, as added by 
the amendments made by this Act, applies only to the rights and benefits 
provided in section 4316(b)(1)(B) and does not apply to any other right 
or benefit of a person under chapter 43 of title 38, United States Code. 
Such section shall apply only to persons who leave a position of 
employment for service in the uniformed services more than 60 days after 
the date of enactment of this Act [Oct. 13, 1994].
    ``(h) Employer Pension Benefit Plans.--(1) Nothing in this Act shall 
be construed to relieve an employer of an obligation to provide 
contributions to a pension plan (or provide pension benefits), or to 
relieve the obligation of a pension plan to provide pension benefits, 
which is required by the provisions of chapter 43 of title 38, United 
States Code, in effect on the day before this Act takes effect [probably 
means the day before Oct. 13, 1994].
    ``(2) If any employee pension benefit plan is not in compliance with 
section 4318 of such title or paragraph (1) of this subsection on the 
date of enactment of this Act [Oct. 13, 1994], such plan shall have two 
years to come into compliance with such section and paragraph.
    ``(i) 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.''

                  Section Referred to in Other Sections

    This section is referred to in title 46 App. section 1132.
