38 USC 4301 The Uniformed Services Employment and Reemployment Rights Act

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TITLE 38—VETERANS’ BENEFITS

ices to a covered person before a non-covered person or,
if resources are limited, giving access to such services
to a covered person instead of a non-covered person.’’
Subsec. (d). Pub. L. 112–56, § 239(2), amended subsec.
(d) generally. Prior to amendment, text read as follows:
‘‘In the annual report required under section 4107(c) of
this title for the program year beginning in 2003 and
each subsequent program year, the Secretary of Labor
shall evaluate whether covered persons are receiving
priority of service and are being fully served by qualified job training programs, and whether the representation of veterans in such programs is in proportion to
the incidence of representation of veterans in the labor
market, including within groups that the Secretary
may designate for priority under such programs, if
any.’’
DEPARTMENT OF LABOR IMPLEMENTATION OF
REGULATIONS FOR PRIORITY OF SERVICE
Pub. L. 109–461, title VI, § 605, Dec. 22, 2006, 120 Stat.
3439, provided that: ‘‘Not later than two years after the
date of the enactment of this Act [Dec. 22, 2006], the
Secretary of Labor shall prescribe regulations to implement section 4215 of title 38, United States Code.’’
REQUIREMENT TO PROMPTLY ESTABLISH ONE-STOP
EMPLOYMENT SERVICES
Pub. L. 107–288, § 4(c), Nov. 7, 2002, 116 Stat. 2044, provided that: ‘‘By not later than 18 months after the date
of the enactment of this Act [Nov. 7, 2002], the Secretary of Labor shall provide one-stop services and assistance to covered persons electronically by means of
the Internet, as defined in section 231(e)(3) of the Communications Act of 1934 [47 U.S.C. 231(e)(3)], and such
other electronic means to enhance the delivery of such
services and assistance.’’

CHAPTER 43—EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE
UNIFORMED SERVICES
SUBCHAPTER I—GENERAL
Sec.

4301.
4302.

Purposes; sense of Congress.
Relation to other law and plans or agreements.
4303.
Definitions.
4304.
Character of service.
SUBCHAPTER II—EMPLOYMENT AND REEMPLOYMENT RIGHTS AND LIMITATIONS; PROHIBITIONS
4311.

Discrimination against persons who serve in
the uniformed services and acts of reprisal
prohibited.
4312.
Reemployment rights of persons who serve in
the uniformed services.
4313.
Reemployment positions.
4314.
Reemployment by the Federal Government.
4315.
Reemployment by certain Federal agencies.
4316.
Rights, benefits, and obligations of persons
absent from employment for service in a
uniformed service.
4317.
Health plans.
4318.
Employee pension benefit plans.
4319.
Employment and reemployment rights in foreign countries.
SUBCHAPTER III—PROCEDURES FOR ASSISTANCE, ENFORCEMENT, AND INVESTIGATION
4321.
4322.
4323.
4324.
4325.

Assistance in obtaining reemployment or
other employment rights or benefits.
Enforcement of employment or reemployment rights.
Enforcement of rights with respect to a State
or private employer.
Enforcement of rights with respect to Federal
executive agencies.
Enforcement of rights with respect to certain
Federal agencies.

§ 4301

Sec.

4326.
4327.

Conduct of investigation; subpoenas.
Noncompliance of Federal officials with deadlines; inapplicability of statutes of limitations.

SUBCHAPTER IV—MISCELLANEOUS PROVISIONS
4331.
4332.
4333.
4334.
4335.

Regulations.
Reports.
Outreach.
Notice of rights and duties.
Training for Federal executive agency human
resources personnel on employment and reemployment rights and limitations.
CODIFICATION

This chapter was originally added by Pub. L. 93–508,
title IV, § 404(a), Dec. 3, 1974, 88 Stat. 1594, and amended
by Pub. L. 94–286, May 14, 1976, 90 Stat. 517; Pub. L.
94–502, Oct. 15, 1976, 90 Stat. 2383; Pub. L. 96–466, Oct. 17,
1980, 94 Stat. 2171; Pub. L. 97–295, Oct. 12, 1982, 96 Stat.
1287; Pub. L. 98–620, Nov. 8, 1984, 98 Stat. 3335; Pub. L.
99–576, Oct. 28, 1986, 100 Stat. 3248; Pub. L. 102–12, Mar.
18, 1991, 105 Stat. 34; Pub. L. 102–25, Apr. 6, 1991, 105 Stat.
75; Pub. L. 102–568, Oct. 29, 1992, 106 Stat. 4320. This
chapter is shown here, however, as having been added
by Pub. L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3150,
without reference to those intervening amendments because of the general amendment of this chapter by Pub.
L. 103–353.
A prior chapter 43 ‘‘Mustering-Out Payments’’, Pub.
L. 85–857, Sept. 2, 1958, 72 Stat. 1222, 1223, consisted of
sections 2101 to 2105, prior to repeal by Pub. L. 89–50,
§ 1(a), June 24, 1965, 79 Stat. 173.
AMENDMENTS
2008—Pub. L. 110–389, title III, §§ 311(f)(2), 313(b), Oct.
10, 2008, 122 Stat. 4164, 4167, added items 4327 and 4335.
2004—Pub. L. 108–454, title II, § 203(b), Dec. 10, 2004, 118
Stat. 3606, added item 4334.
1998—Pub. L. 105–368, title II, § 212(b)(2), Nov. 11, 1998,
112 Stat. 3331, added item 4319.

SUBCHAPTER I—GENERAL
§ 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, § 2(a), Oct. 13, 1994, 108
Stat. 3150; amended Pub. L. 104–275, title III,
§ 311(1), Oct. 9, 1996, 110 Stat. 3333.)
PRIOR PROVISIONS
A 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.

TITLE 38—VETERANS’ BENEFITS

§ 4301

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.
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
Pub. L. 104–275, title III, § 313, Oct. 9, 1996, 110 Stat.
3336, provided that:
‘‘(a) IN GENERAL.—Except as provided in subsection
(b), the amendments made by this subtitle [subtitle B
(§§ 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
Pub. L. 103–353, § 8, Oct. 13, 1994, 108 Stat. 3175, as
amended by Pub. L. 104–275, title III, § 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, 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

Page 706

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, 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.

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TITLE 38—VETERANS’ BENEFITS

‘‘(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.’’
DEMONSTRATION PROJECT FOR REFERRAL OF USERRA
CLAIMS AGAINST FEDERAL AGENCIES TO THE OFFICE
OF SPECIAL COUNSEL
Pub. L. 111–275, title I, § 105, Oct. 13, 2010, 124 Stat.
2868, as amended by Pub. L. 112–234, § 2(d), Dec. 28, 2012,
126 Stat. 1624, provided that:
‘‘(a) ESTABLISHMENT OF PROJECT.—The Secretary of
Labor and the Office of Special Counsel shall carry out
a 36-month demonstration project under which certain
claims against Federal executive agencies under chapter 43 of title 38, United States Code, are referred to, or
otherwise received by, the Office of Special Counsel for
assistance, including investigation and resolution of
the claim as well as enforcement of rights with respect
to the claim. The demonstration program shall begin
not later than 60 days after the Comptroller General of
the United States submits the report required under
subsection (e)(3).
‘‘(b) REFERRAL OF ALL PROHIBITED PERSONNEL PRACTICE CLAIMS TO THE OFFICE OF SPECIAL COUNSEL.—
‘‘(1) IN GENERAL.—Under the demonstration project,
the Office of Special Counsel shall receive and investigate all claims under chapter 43 of title 38, United
States Code, with respect to Federal executive agencies in cases where the Office of Special Counsel has
jurisdiction over related claims pursuant to section
1212 of title 5, United States Code.
‘‘(2) RELATED CLAIMS.—For purposes of paragraph
(1), a related claim is a claim involving the same Federal executive agency and the same or similar factual
allegations or legal issues as those being pursued
under a claim under chapter 43 of title 38, United
States Code.
‘‘(c) REFERRAL OF OTHER CLAIMS AGAINST FEDERAL
EXECUTIVE AGENCIES.—
‘‘(1) IN GENERAL.—Under the demonstration project,
the Secretary—
‘‘(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) CLAIMS DESCRIBED.—A claim described in this
paragraph is a claim under chapter 43 of title 38,
United States Code, against a Federal executive
agency by a claimant with a social security account
number with an odd number as its terminal digit or,
in the case of a claim that does not contain a social
security account number, a case number assigned to
the claim with an odd number as its terminal digit.
‘‘(d) ADMINISTRATION OF DEMONSTRATION PROJECT.—
‘‘(1) IN GENERAL.—The Office of Special Counsel
shall administer the demonstration project. The Secretary shall cooperate with the Office of Special
Counsel in carrying out the demonstration project.
‘‘(2) TREATMENT OF CERTAIN TERMS IN CHAPTER 43 OF
TITLE 38, UNITED STATES CODE.—In the case of any
claim referred to, or otherwise received by, the Office
of Special Counsel under the demonstration project,
any reference to the ‘Secretary’ in sections 4321, 4322,
and 4326 of title 38, United States Code, is deemed to
be a reference to the ‘Office of Special Counsel’.
‘‘(3) ADMINISTRATIVE JURISDICTION.—In the case of
any claim referred to, or otherwise received by, the
Office of Special Counsel under the demonstration
project, the Office of Special Counsel shall retain administrative jurisdiction over the claim.
‘‘(e) DATA COMPARABILITY FOR REVIEWING AGENCY
PERFORMANCE.—
‘‘(1) IN GENERAL.—To facilitate the review of the
relative performance of the Office of Special Counsel
and the Department of Labor during the demonstra-

§ 4301

tion project, the Office of Special Counsel and the Department of Labor shall jointly establish methods
and procedures to be used by both the Office and the
Department during the demonstration project. Such
methods and procedures shall include each of the following:
‘‘(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) JOINT REPORT TO CONGRESS.—Not later than 90
days after the date of the enactment of this Act [Oct.
13, 2010], the Special Counsel and the Secretary of
Labor shall jointly submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives and to the Comptroller General of the United
States a report describing the methods and procedures established under paragraph (1).
‘‘(3) COMPTROLLER GENERAL REPORT.—Not later than
30 days after the date of the submittal of the report
under paragraph (2), the Comptroller General shall
submit to the Committees on Veterans’ Affairs of the
Senate and House of Representatives a report on the
report submitted under paragraph (2) and may provide recommendations for improving the methods
and procedures described therein.
‘‘(f) AGENCY DATA TO GOVERNMENT ACCOUNTABILITY
OFFICE.—The Office of Special Counsel and the Secretary of Labor shall submit to the Comptroller General such information and data about the demonstration project as may be required by the Comptroller
General, from time to time during the course of the
demonstration project and at the conclusion, in order
for the Comptroller General to assess the reliability of
the demonstration data maintained by both the Office
of Special Counsel and the Department of Labor and to
review the relative performance of the Office and Department under the demonstration project.
‘‘(g) GOVERNMENT ACCOUNTABILITY OFFICE REPORT.—
The Comptroller General shall review the relative performance of the Office of Special Counsel and the Department of Labor under the demonstration project
and—
‘‘(1) not later than one year after the commencement of the demonstration project 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.
ENSURING THE UNIFORMED SERVICES EMPLOYMENT AND
REEMPLOYMENT RIGHTS ACT (USERRA) PROTECTIONS
Memorandum of President of the United States, July
19, 2012, 77 F.R. 43699, provided:

§ 4301

TITLE 38—VETERANS’ BENEFITS

Memorandum for the Heads of Executive Departments and Agencies
The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) protects individuals
performing, or who performed, uniformed service in accordance with 38 U.S.C. 4301–4335 from adverse employment discrimination on the basis of their uniformed
service, and provides for their prompt restoration to civilian employment when they return to civilian life.
USERRA is intended to ensure that these service
members are not disadvantaged in their civilian careers because of their service; are promptly reemployed
in their civilian jobs upon their return from duty; and
are not discriminated against in employment because
of their military status or obligations. This memorandum will help ensure that Federal agencies improve
compliance with USERRA through outreach, education, and oversight.
The Administration strongly believes that every man
or woman who has served in our country’s uniformed
services deserves the full protection of our employment
laws, including USERRA. No discrimination or unfair
treatment based on one’s service will be tolerated. We
must do our utmost to ensure that all service members’
employment and reemployment rights are respected.
The Federal Government, as our Nation’s largest employer, has a responsibility to adopt best practices with
respect to employing returning service members. Attracting and retaining the best talent means ensuring
fair treatment for individuals who have served our
country. Close attention must be paid to our returning
service members to ensure that we protect their reemployment rights, and effectively manage their reintegration when they return from service.
As a critical part of that effort, I am directing executive departments and agencies (agencies) to take steps
to ensure robust compliance with USERRA’s employment and reemployment protections across the Federal
Government through outreach, education, and oversight. Ensuring agencies’ compliance with USERRA
across the Federal Government will maintain our commitment to those who serve.
This effort will build upon, and be in furtherance of,
Executive Order 13518 of November 9, 2009 (Employment
of Veterans in the Federal Government), which directed
agencies to take steps to enhance recruitment of and
promote employment opportunities for veterans within
the executive branch. Over the last few years, the Federal Government has made a concerted and successful
effort to increase the hiring of military veterans and
members of the National Guard and Reserves, and veterans now constitute a higher percentage of the Federal workforce than they have in years.
The Federal Government must continue to improve
outreach to the uniformed services, veteran, Guard,
and Reserve communities; improve agencies’ USERRA
training and guidance; and ensure that service members and veterans in Federal employment receive the
full extent of their employment protections, including
USERRA protections. Therefore, by the authority vested in me as President by the Constitution and the laws
of the United States of America, I hereby direct the following:
SECTION 1. USERRA Employment Protection Working
Group. There is established the USERRA Employment
Protection Working Group (Working Group), to be cochaired by the Assistant to the President for Domestic
Policy and the Assistant to the President and National
Security Advisor, or their designated representatives,
which shall coordinate and review agency efforts to implement USERRA.
(a) In addition to the Co-Chairs, the Working Group
shall include representatives from:
(i) the Department of Defense;
(ii) the Department of Justice;
(iii) the Department of Labor;
(iv) the Department of Veterans Affairs;
(v) the Office of Personnel Management;
(vi) the Office of the Special Counsel; and
(vii) such other agencies or offices as the Co-Chairs
may designate.

Page 708

(b) In addition to coordinating and reviewing agency
efforts to implement USERRA pursuant to this memorandum, the Working Group shall:
(i) collect data to better track the Federal Government’s performance in implementing USERRA protections;
(ii) coordinate agency efforts to implement best practices, training, and procedures for any agency officials
who are authorized to recommend, take, or approve any
personnel action with respect to employees of the agency in order to improve compliance with USERRA employment and reemployment protections; and
(iii) conduct outreach to veterans and members of the
National Guard and Reserve and other members of the
uniformed services to assist them in fully exercising
their employment rights.
(c) Within 30 days of the date of this memorandum,
the head of each agency shall designate a senior agency
official to act as a liaison between the agency and the
Working Group. The agency liaison shall be responsible
for providing the Working Group with information on
agency efforts to implement this memorandum, as well
as any other relevant information on service member
employment that the Working Group may require.
(d) Within 90 days of the date of this memorandum,
the Working Group shall report to the President on
Government-wide progress in implementing this memorandum.
SEC. 2. Federal USERRA Guidance. (a) Within 180 days
of the date of this memorandum, the Director of the Office of Personnel Management, in consultation with the
Council on Veterans Employment established by Executive Order 13518 and offices and agencies participating
in the Working Group, as appropriate, shall issue guidance to agencies on Federal USERRA employment protection, which shall describe specific steps agencies can
take to improve USERRA employment and reemployment protection policies and practices, including:
(i) improving data collection procedures to help better track overall service member employment data in
the Federal Government, including Guard and Reserve
members;
(ii) using appropriate metrics, as established by the
Office of Personnel Management, to measure implementation of this memorandum;
(iii) using guidance and tools, as developed by the Office of Personnel Management through collaboration
with the Working Group and Council on Veterans Employment, which draw upon best agency practices as
well as practices and guidance from the private sector;
and
(iv) strengthening relationships between service
members, stakeholder groups, and the agency, and providing better information to service members so as to
allow them to be reintegrated as quickly and efficiently as possible when they return to civilian life.
(b) In the course of developing guidance pursuant to
subsection (a), the Director of the Office of Personnel
Management, in consultation with the Council on Veterans Employment and offices and agencies participating in the Working Group as appropriate, shall review
relevant statutes, regulations, policies, and agency
training and guidance to identify reforms that would
facilitate improved implementation of and compliance
with USERRA. The Director of the Office of Personnel
Management, in consultation with the Director of the
Office of Management and Budget (OMB), shall report
to the President on this review, no later than 1 year
from the date of this memorandum, and provide recommendations for changes to laws, regulations, and policies that would strengthen USERRA protections.
(c) In developing guidance pursuant to subsection (a),
the Director of the Office of Personnel Management
shall consult with affected agencies, interagency
groups, and public stakeholders.
(d) The Department of Defense and the Office of Personnel Management shall work together to improve
data collection procedures to help better track the
overall veteran and service member employment data
in the Federal Government, particularly Guard and Reserve Members.

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TITLE 38—VETERANS’ BENEFITS

SEC. 3. Ensuring USERRA Employment Protection. The
head of each agency shall, as expeditiously as possible:
(a) implement the guidance issued pursuant to section 2 of this memorandum;
(b) ensure that the agency has prioritized policies and
actions to implement USERRA employment protections, including providing appropriate training and information, as well as undertaking appropriate reemployment measures; and
(c) allocate sufficient resources to effectively implement the requirements of this memorandum, subject to
the availability of appropriations.
SEC. 4. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) the authority granted by law to a department or
agency, or the head thereof; or
(ii) the functions of the Director of OMB relating to
budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability
of appropriations.
(c) This memorandum is not intended to, and does
not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other
person.
(d) Independent agencies are strongly encouraged to
comply with the requirements of this memorandum.
The Director of the Office of Personnel Management
is hereby authorized and directed to publish this memorandum in the Federal Register.
BARACK OBAMA.

§ 4302. Relation to other law and plans or agreements
(a) Nothing in this chapter shall supersede,
nullify or diminish any Federal or State law (including any local law or ordinance), contract,
agreement, policy, plan, practice, or other matter that establishes a right or benefit that is
more beneficial to, or is in addition to, a right
or benefit provided for such person in this chapter.
(b) This chapter supersedes any State law (including any local law or ordinance), contract,
agreement, policy, plan, practice, or other matter that reduces, limits, or eliminates in any
manner any right or benefit provided by this
chapter, including the establishment of additional prerequisites to the exercise of any such
right or the receipt of any such benefit.
(Added Pub. L. 103–353, § 2(a), Oct. 13, 1994, 108
Stat. 3150.)
PRIOR PROVISIONS
A prior section 4302, added Pub. L. 93–508, title IV,
§ 404(a), Dec. 3, 1974, 88 Stat. 1596, § 2022; amended Pub.
L. 97–295, § 4(71), Oct. 12, 1982, 96 Stat. 1310; Pub. L.
98–620, title IV, § 402(36), Nov. 8, 1984, 98 Stat. 3360; renumbered § 4302 and amended Pub. L. 102–568, title V,
§ 506(a), (c)(1), Oct. 29, 1992, 106 Stat. 4340, 4341, related
to procedures to enforce reemployment rights, 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 under section 4301 of this title.
Another prior section 4302 was renumbered section
7602 of this title.
EFFECTIVE DATE
Section effective with respect to reemployments initiated on or after the first day after the 60-day period

§ 4303

beginning Oct. 13, 1994, with transition rules, see section 8 of Pub. L. 103–353, set out as a note under section
4301 of this title.

§ 4303. Definitions
For the purposes of this chapter—
(1) The term ‘‘Attorney General’’ means the
Attorney General of the United States or any
person designated by the Attorney General to
carry out a responsibility of the Attorney
General under this chapter.
(2) The term ‘‘benefit’’, ‘‘benefit of employment’’, or ‘‘rights and benefits’’ means the
terms, conditions, or privileges of employment, including any advantage, profit, privilege, gain, status, account, or interest (including wages or salary for work performed) that
accrues by reason of an employment contract
or agreement or an employer policy, plan, or
practice and includes rights and benefits under
a pension plan, a health plan, an employee
stock ownership plan, insurance coverage and
awards, bonuses, severance pay, supplemental
unemployment benefits, vacations, and the opportunity to select work hours or location of
employment.
(3) The term ‘‘employee’’ means any person
employed by an employer. Such term includes
any person who is a citizen, national, or permanent resident alien of the United States
employed in a workplace in a foreign country
by an employer that is an entity incorporated
or otherwise organized in the United States or
that is controlled by an entity organized in
the United States, within the meaning of section 4319(c) of this title.
(4)(A) Except as provided in subparagraphs
(B) and (C), the term ‘‘employer’’ means any
person, institution, organization, or other entity that pays salary or wages for work performed or that has control over employment
opportunities, including—
(i) a person, institution, organization, or
other entity to whom the employer has delegated the performance of employment-related responsibilities;
(ii) the Federal Government;
(iii) a State;
(iv) any successor in interest to a person,
institution, organization, or other entity referred to in this subparagraph; and
(v) a person, institution, organization, or
other entity that has denied initial employment in violation of section 4311.
(B) In the case of a National Guard technician employed under section 709 of title 32, the
term ‘‘employer’’ means the adjutant general
of the State in which the technician is employed.
(C) Except as an actual employer of employees, an employee pension benefit plan described in section 3(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002(2)) shall be deemed to be an employer only
with respect to the obligation to provide benefits described in section 4318.
(D)(i) Whether the term ‘‘successor in interest’’ applies with respect to an entity described in subparagraph (A) for purposes of
clause (iv) of such subparagraph shall be determined on a case-by-case basis using a multi-