2011 US Code
Title 38 - Veterans’ Benefits
Part III - READJUSTMENT AND RELATED BENEFITS (§§ 3001 - 4335)
Chapter 43 - EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES (§§ 4301 - 4335)
Subchapter I - GENERAL (§§ 4301 - 4304)
Section 4301 - Purposes; sense of Congress
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 38 - VETERANS’ BENEFITS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | 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 |
Contains | section 4301 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 103-353, §2(a), Oct. 13, 1994, 108 Stat. 3150; amended Pub. L. 104-275, title III, §311(1), Oct. 9, 1996, 110 Stat. 3333. |
Statutes at Large References | 88 Stat. 1594 90 Stat. 2405 100 Stat. 3279 105 Stat. 36, 92 106 Stat. 4340 108 Stat. 3150 110 Stat. 3333, 3336 118 Stat. 3606 124 Stat. 2868 |
Public Law References | Public Law 93-508, Public Law 94-502, Public Law 99-576, Public Law 102-12, Public Law 102-25, Public Law 102-568, Public Law 103-353, Public Law 104-275, Public Law 108-454, Public Law 111-275 |
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(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, §2(a), Oct. 13, 1994, 108 Stat. 3150; amended Pub. L. 104–275, title III, §311(1), Oct. 9, 1996, 110 Stat. 3333.)
Prior ProvisionsA prior section 4301, added Pub. L. 93–508, title IV, §404(a), Dec. 3, 1974, 88 Stat. 1594, §2021; amended Pub. L. 94–502, title VI, §608(1), (2), Oct. 15, 1976, 90 Stat. 2405; Pub. L. 99–576, title III, §331, Oct. 28, 1986, 100 Stat. 3279; Pub. L. 102–12, §5(a), Mar. 18, 1991, 105 Stat. 36; Pub. L. 102–25, title III, §340(a), Apr. 6, 1991, 105 Stat. 92; renumbered §4301, Pub. L. 102–568, title V, §506(a), Oct. 29, 1992, 106 Stat. 4340, related to reemployment rights of persons inducted into the Armed Forces of the United States and benefits protected, prior to the general amendment of this chapter by Pub. L. 103–353. This section, as in effect on the day before Oct. 13, 1994, continues to apply to reemployments initiated before the end of the 60-day period beginning Oct. 13, 1994, see section 8 of Pub. L. 103–353, as amended, set out as an Effective Date note below.
Another prior section 4301 was renumbered section 7601 of this title.
Amendments1996—Subsec. (a)(2). Pub. L. 104–275 struck out “under honorable conditions” after “upon their completion of such service”.
Effective Date of 1996 AmendmentSection 313 of Pub. L. 104–275 provided that:
“(a)
“(b)
Section 8 of Pub. L. 103–353, as amended by Pub. L. 104–275, title III, §312, Oct. 9, 1996, 110 Stat. 3336, provided that:
“(a)
“(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. 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)
“(c)
“(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)
“(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)
“(f)
“(g)
“(h)
“(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)
Pub. L. 111–275, title I, §105, Oct. 13, 2010, 124 Stat. 2868, provided that:
“(a)
“(b)
“(1)
“(2)
“(c)
“(1)
“(A) shall refer to the Office of Special Counsel all claims described in paragraph (2) made during the period of the demonstration project; and
“(B) may refer any claim described in paragraph (2) filed before the demonstration project that is pending before the Secretary at the beginning of the demonstration project.
“(2)
“(d)
“(1)
“(2)
“(3)
“(e)
“(1)
“(A) Definitions of performance measures, including—
“(i) customer satisfaction;
“(ii) cost (such as, but not limited to, average cost per claim);
“(iii) timeliness (such as, but not limited to, average processing time, case age);
“(iv) capacity (such as, but not limited to, staffing levels, education, grade level, training received, caseload); and
“(v) case outcomes.
“(B) Definitions of case outcomes.
“(C) Data collection methods and timing of collection.
“(D) Data quality assurance processes.
“(2)
“(3)
“(f)
“(g)
“(1) not later than one year after the commencement of the demonstration project, and annually thereafter during the period when the demonstration project is conducted, submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives an interim report on the demonstration project; and
“(2) not later than 90 days after the conclusion of the demonstration project, submit to such committees a final report that includes the findings and conclusions of the Comptroller General regarding the relative performance of the Office and the Department under the demonstration project and such recommendations as the Comptroller General determines are appropriate.”
Pub. L. 108–454, title II, §204, Dec. 10, 2004, 118 Stat. 3606, required the Secretary of Labor and the Office of Special Counsel to carry out a demonstration project during the period beginning 60 days after Dec. 10, 2004, and ending on September 30, 2007, under which certain claims against Federal executive agencies under the Uniformed Services Employment and Reemployment Rights Act of 1994, Pub. L. 103–353, under this chapter were referred to, or otherwise received by, the Office of Special Counsel for assistance.
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