Summary: H.R.995 — 103rd Congress (1993-1994)All Information (Except Text)

Bill summaries are authored by CRS.

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House agreed to Senate amendment with amendment (09/13/1994)

Uniformed Services Employment and Reemployment Rights Act of 1994 - Amends Federal veterans' benefits provisions to revise generally provisions relating to the employment and reemployment rights of members of the uniformed services.

States that a person's entitlement to rights and benefits under this Act will be terminated in cases of a dishonorable or bad conduct discharge or a separation, release, or dismissal under conditions other than honorable.

Prohibits the denial of initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer against a person who is a member of, applies for membership in, or performs, has performed, applies to perform, or has an obligation to perform service in a uniformed service on the basis of such service or obligation. Prohibits an employer from discriminating in employment or taking any adverse employment action against any person who has acted to enforce a protection afforded by this Act. Excuses an employer from such reemployment requirements if changed circumstances make reemployment impossible or unreasonable or if reemployment would impose an undue hardship on such employer (with the burden of proof of such circumstances on the employer in such cases).

Entitles any person absent from employment by reason of the performance of military service to the rights and benefits of this Act if: (1) the person has given advance notice of such service to the employer; (2) the cumulative length of such absence and any previous absences from employment by reason of military service does not exceed five years; and (3) the person reports or applies to such employer upon completion of such service in accordance with requirements enumerated under this Act. Excuses employer notice when precluded by military necessity or when otherwise impossible or unreasonable. Outlines certain conditions under which a person shall remain entitled to such employment and reemployment rights even though the cumulative length of military service exceeds five years.

Outlines provisions concerning: (1) employee reporting requirements upon completion of military service, including the presentation of documentation of such military service to the employer; (2) the positions (same or substantially similar) to which the returning employee shall be entitled; (3) reemployment rights of persons disabled during such military service (requiring the employer to make reasonable efforts to accommodate the disability); and (4) reemployment rights of a person employed by the Federal Government before such military service.

Requires the heads of certain Federal intelligence and investigative agencies to prescribe procedures to ensure that rights provided under this Act apply to their employees. Requires the head of each such agency to report to specified congressional committees on the number of persons whose reemployment with the agency was determined to be impossible or unreasonable during the preceding year. Entitles a person reemployed after military service to all seniority and other rights and benefits (including pension benefits and coverage under the appropriate health plan) that such person would have attained if the employment had not been interrupted by military service.

Directs the Secretary of Labor to report annually to the Congress from 1996 through 2000 concerning actions taken during such year with regard to reemployment actions, violations, compliants and recommendations.

Directs the Secretary of Labor to assist all eligible persons with respect to employment and reemployment rights and benefits. Outlines procedures for assistance, investigation of complaints, and enforcement of such rights and benefits against Federal, State, or private employers. Directs the Secretaries of Labor, Defense, and Veterans Affairs to provide those persons performing qualifying military service, as well as their employers, with information relating to their reemployment and other rights, benefits, and obligations.

(Sec. 3) Excludes reemployment rights and benefits from any military minimum service requirements.

(Sec. 4) Provides for the continuation of contributions to the Thrift Savings Plan for enrolled persons performing such military service.

(Sec. 5) Amends Federal pay provisions concerning the Civil Service Retirement System (CSRS) and the Federal Employees Retirement System (FERS) to include as creditable Federal service under both systems full-time National Guard duty followed by reemployment occurring on or after August 1, 1990. Provides for appropriate CSRS and FERS pay deductions during such periods of duty.

(Sec. 7) Increases from $46,000 to $50,750 the maximum loan amount that will be guaranteed by the Department of Veterans Affairs to veterans when used for the purchase or construction of a home.