AMENDMENTS TO CHAPTER 43 OF TITLE 38, UNITED STATES CODE.

SEC. 311. AMENDMENTS TO CHAPTER 43 OF TITLE 38, UNITED STATES CODE. Chapter 43 is amended as follows: (1) Section 4301(a)(2) is amended by striking out “under honorable conditions”. 110 STAT. 3334 (2) Section 4303(16) is amended by inserting “national” before “emergency”. (3) Section 4311 is amended by striking out subsections (b) and (c) and inserting in lieu thereof the following: “(b) An employer may not discriminate in employment against or take any adverse employment action against any person because such person (1) has taken an action to enforce a protection afforded any person under this chapter, (2) has testified or otherwise made a statement in or in connection with any proceeding under this chapter, (3) has assisted or otherwise participated in an investigation under this chapter, or (4) has exercised a right provided for in this chapter. The prohibition in this subsection shall apply with respect to a person regardless of whether that person has performed service in the uniformed services. “(c) An employer shall be considered to have engaged in actions prohibited— “(1) under subsection (a), 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 prove that the action would have been taken in the absence of such membership, application for membership, service, application for service, or obligation for service; or “(2) under subsection (b), if the person’s (A) action to enforce a protection afforded any person under this chapter, (B) testimony or making of a statement in or in connection with any proceeding under this chapter, (C) assistance or other participation in an investigation under this chapter, or (D) exercise of a right provided for in this chapter, is a motivating factor in the employer’s action, unless the employer can prove that the action would have been taken in the absence of such person’s enforcement action, testimony, statement, assistance, participation, or exercise of a right. “(d) The prohibitions in subsections (a) and (b) shall apply to any position of employment, including a position that is described in section 4312(d)(1)(C) of this title. ”. (4) Section 4312 is amended— (A) in subsection (a), by striking out “who is absent from a position of employment” and inserting in lieu thereof “whose absence from a position of employment is necessitated”; (B) in subsection (c)— (i) by striking out “section 270” in paragraph (3) and inserting in lieu thereof “section 10147”; and (ii) in paragraph (4)— (I) by striking out “section 672(a), 672(g), 673, 673b, 673c, or 688” in subparagraph (A) and inserting in lieu thereof “section 688, 12301(a), 12301(g), 12302, 12304, or 12305”; (II) by amending subparagraph (B) to read as follows: “(B) ordered to or retained on active duty (other than for training) under any provision of law because of a war or national emergency declared by the President or the Congress, as determined by the Secretary concerned; ”; 110 STAT. 3335 (III) by striking out “section 673b” in subparagraph (C) and inserting in lieu thereof “section 12304”; and (IV) by striking out “section 3500 or 8500” in subparagraph (E) and inserting in lieu thereof “section 12406”; and (C) in subsection (d)(2)(C), by striking out “is brief or for a nonrecurrent period and without a reasonable expectation” and inserting in lieu thereof “is for a brief, nonrecurrent period and there is no reasonable expectation”. (5) Section 4313(a)(4) is amended— (A) by striking out “uniform services” in subparagraph (A)(ii) and inserting in lieu thereof “uniformed services”; and (B) by striking out “of lesser status and pay which” and inserting in lieu thereof “which is the nearest approximation to a position referred to first in clause (A)(i) and then in clause (A)(ii) which”. (6) Section 4316(d) is amended by adding at the end the following new sentence: “No employer may require any such person to use vacation, annual, or similar leave during such period of service. ”. (7) Section 4317(a) is amended— (A) by striking out “(a)(1)(A) Subject to paragraphs (2) and (3), in” and inserting in lieu thereof “(a)(1) In”; (B) by redesignating clauses (i) and (ii) of paragraph (1) (as amended by subparagraph (A) of this paragraph) as subparagraphs (A) and (B), ‘respectively; (C) by redesignating subparagraph (B) as paragraph (2); and (D) by redesignating subparagraph (C) as paragraph (3), and in that paragraph by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively. (8) The last sentence of section 4318(b)(2) is amended by striking out “services, ” and inserting in lieu thereof “services, such payment period”. (9) Section 4322 is amended— (A) in the second sentence of subsection (d) by inserting “attempt to” before “resolve”; and (B) in subsection (e)— (i) in the matter preceding paragraph (1), by striking out “with respect to a complaint under subsection (d) are unsuccessful, ” and inserting in lieu thereof “with respect to any complaint filed under subsection (a) do not resolve the complaint,”; and (ii) in paragraph (2), by inserting “or the Office of Personnel Management” after “Federal executive agency”. (10) Section 4323(a) is amended— (A) in paragraph (1), by striking out “of an unsuccessful effort to resolve a complaint”; and (B) in paragraph (2)(A), by striking out “regarding the complaint under section 4322(c)” and inserting in lieu thereof “under section 4322(a)”. 110 STAT. 3336 (11) Section 4324 is amended— (A) in subsection (a)(1), by striking out “of an unsuccessful effort to resolve a complaint relating to a Federal executive agency”; (B) in subsection (b)— (i) in the matter preceding paragraph (1), by inserting “or the Office of Personnel Management” after “Federal executive agency”; and (ii) in paragraph (1), by striking out “regarding a complaint under section 4322(c)” and inserting in lieu thereof “under section 4322(a)”; and (C) in subsection (c)(2)— (i) by inserting “or the Office of Personnel Management” after “Federal executive agency”; and (ii) by striking out “employee” and inserting in lieu thereof “Office”. (12) Section 4325(d)(1) is amended— (A) by striking out “, alternative employment in the Federal Government under this chapter,”; and (B) by striking out “employee” the last place it appears and inserting in Heu thereof “employees”. (13) Section 4326(a) is amended by inserting “have reasonable access to and the right to interview persons with information relevant to the investigation and shall” after “at all reasonable times, ”.