Editorial Notes
References in Text

The National Emergencies Act, referred to in par. (13), is Pub. L. 94–412, Sept. 14, 1976, 90 Stat. 1255, which is classified principally to chapter 34 (§ 1601 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 50 and Tables.

Section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in pars. (13) and (17), is classified to section 5165f of Title 42, The Public Health and Welfare.

Prior Provisions

A prior section 4303, added Pub. L. 93–508, title IV, § 404(a), Dec. 3, 1974, 88 Stat. 1596, § 2023; amended Pub. L. 97–295, § 4(72), Oct. 12, 1982, 96 Stat. 1310; renumbered § 4303 and amended Pub. L. 102–568, title V, § 506(a), (c)(2), Oct. 29, 1992, 106 Stat. 4340, 4341, related to reemployment by the United States, by any territory, possession, or political subdivision thereof, or by the District of Columbia, 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 4303 was renumbered section 7603 of this title.

Amendments

2022—Par. (13). Pub. L. 117–178, § 3(a)(1), inserted “, a period for which a person is absent from a position of employment due to an appointment into service in the Federal Emergency Management Agency as intermittent personnel under section 306(b)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5149(b)(1))” before “, and a period”.

Pars. (16), (17). Pub. L. 117–178, § 3(a)(2), (3), redesignated par. (16) defining “uniformed services” as (17) and inserted “intermittent personnel who are appointed into Federal Emergency Management Agency service under section 306(b)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5149(b)(1)) or to train for such service,” before “and any other category”.

2021—Par. (13). Pub. L. 116–315, § 7004(1), inserted “State active duty for a period of 14 days or more, State active duty in response to a national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.), State active duty in response to a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170),” after “full-time National Guard duty,”.

Pars. (15), (16). Pub. L. 116–315, § 7004(2), (3), added par. (15) and redesignated former par. (15) as (16) defining “undue hardship”.

2020—Par. (16). Pub. L. 116–259 inserted “the commissioned officer corps of the National Oceanic and Atmospheric Administration,” after “Public Health Service,” in par. (16) defining “uniformed services”.

2016—Par. (13). Pub. L. 114–326, § 2(b)(2)(A), inserted “, a period for which a System member of the National Urban Search and Rescue Response System is absent from a position of employment due to an appointment into Federal service under section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act” before “, and a period”.

Par. (16). Pub. L. 114–326, § 2(b)(2)(B), inserted “System members of the National Urban Search and Rescue Response System during a period of appointment into Federal service under section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act,” after “Public Health Service,”.

2011—Par. (2). Pub. L. 112–56 inserted “the terms, conditions, or privileges of employment, including” after “means”.

2010—Par. (2). Pub. L. 111–275, § 701(a), substituted “(including” for “(other than”.

Par. (4)(D). Pub. L. 111–275, § 702(a), added subpar. (D).

2006—Par. (5). Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”.

2001—Par. (13). Pub. L. 107–14, § 8(b)(2), made technical amendment to directory language of Pub. L. 106–419, § 323(a)(1). See 2000 Amendment note below.

Pub. L. 107–14, § 8(a)(11), struck out second period at end.

2000—Par. (13). Pub. L. 106–419, § 323(a)(2), inserted before period at end “, and a period for which a person is absent from employment for the purpose of performing funeral honors duty as authorized by section 12503 of title 10 or section 115 of title 32.”

Pub. L. 106–419, § 323(a)(1), as amended by Pub. L. 107–14, § 8(b)(2), struck out “and” after “National Guard duty,”.

1998—Par. (3). Pub. L. 105–368 inserted at end “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.”

1996—Par. (16). Pub. L. 104–275 inserted “national” before “emergency”.

Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment

Pub. L. 111–275, title VII, § 701(b), Oct. 13, 2010, 124 Stat. 2887, provided that: “The amendment made by subsection (a) [amending this section] shall apply to—

“(1)
any failure to comply with a provision of or any violation of chapter 43 of title 38, United States Code, that occurs before, on, or after the date of the enactment of this Act [Oct. 13, 2010]; and
“(2)
all actions or complaints filed under such chapter 43 that are pending on or after the date of the enactment of this Act.”

Pub. L. 111–275, title VII, § 702(b), Oct. 13, 2010, 124 Stat. 2888, provided that: “The amendment made by subsection (a) [amending this section] shall apply to—

“(1)
any failure to comply with a provision of or any violation of chapter 43 of title 38, United States Code, that occurs before, on, or after the date of the enactment of this Act [Oct. 13, 2010]; and
“(2)
all actions or complaints filed under such chapter 43 that are pending on or after the date of the enactment of this Act.”

Effective Date of 2001 Amendment

Pub. L. 107–14, § 8(b), June 5, 2001, 115 Stat. 36, provided that the amendment made by section 8(b) is effective Nov. 1, 2000, and as if included in the Veterans Benefits and Health Care Improvement Act of 2000, Pub. L. 106–419, as enacted.

Effective Date of 2000 Amendment

Pub. L. 106–419, title III, § 323(c), Nov. 1, 2000, 114 Stat. 1856, provided that: “The amendments made by subsections (a) and (b) [amending this section and section 4316 of this title] shall take effect 180 days after the date of the enactment of this Act [Nov. 1, 2000].”

Effective Date of 1998 Amendment

Pub. L. 105–368, title II, § 212(c), Nov. 11, 1998, 112 Stat. 3331, provided that: “The amendments made by this section [enacting section 4319 of this title and amending this section] shall apply only with respect to causes of action arising after the date of the enactment of this Act [Nov. 11, 1998].”

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–275 effective Oct. 13, 1994, see section 313 of Pub. L. 104–275, set out as a note under section 4301 of this title.

Effective Date

Section effective with respect to reemployments initiated on or after the first day after the 60-day period 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.