Home > 106th Congressional Bills > S. 2792 (is) To provide that land which is owned by the Coushatta Tribe of Louisiana but which is not held in trust by the United States for the Tribe may be leased or transferred by the Tribe without further approval by the United States. [Introduced in...S. 2792 (is) To provide that land which is owned by the Coushatta Tribe of Louisiana but which is not held in trust by the United States for the Tribe may be leased or transferred by the Tribe without further approval by the United States. [Introduced in...
``(2) ends on the earlier of--
``(A) the date on which the reserve component
member's eligibility for transitional health care under
section 1145(a) of this title terminates under
paragraph (3) of such section; or
``(B) the date on which the reserve component
member elects to terminate the continued qualified
health benefits plan coverage of the member's family
members.
``(g) Extension of Period of COBRA Coverage.--Notwithstanding any
other provision of law--
``(1) any period of coverage under a COBRA continuation
provision (as defined in section 9832(d)(1) of the Internal
Revenue Code of 1986) for an eligible reserve component member
under this section shall be deemed to be equal to the benefits
coverage continuation period for such member under this
section; and
``(2) with respect to the election of any period of
coverage under a COBRA continuation provision (as so defined),
rules similar to the rules under section 4980B(f)(5)(C) of such
Code shall apply.
``(h) Nonduplication of Benefits.--A member of the family of a
reserve component member who is eligible for benefits under qualified
health benefits plan coverage paid on behalf of the reserve component
member by the Secretary concerned under this section is not eligible
for benefits under the TRICARE program during a period of the coverage
for which so paid.
``(i) Revocability of Election.--A reserve component member who
makes an election under subsection (a) may revoke the election. Upon
such a revocation, the member's family members shall become eligible
for benefits under the TRICARE program as provided for under this
chapter.
``(j) Regulations.--The Secretary of Defense shall prescribe
regulations for carrying out this section. The regulations shall
include such requirements for making an election of payment of
applicable premiums as the Secretary considers appropriate.''.
(B) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by inserting
after the item relating to section 1078a the following
new item:
``1078b. Continuation of non-TRICARE health benefits plan coverage for
dependents of certain Reserves called or
ordered to active duty.''.
(2) Applicability.--Section 1078b of title 10, United
States Code (as added by paragraph (1)), shall apply with
respect to calls or orders of members of reserve components of
the Armed Forces to active duty as described in subsection (b)
of such section, that are issued by the Secretary of a military
department before, on, or after the date of the enactment of this Act,
but only with respect to qualified health benefits plan coverage (as
described in subsection (c) of such section) that is in effect on or
after the date of the enactment of this Act.
SEC. 5. CHILD CARE FOR CHILDREN OF MEMBERS OF ARMED FORCES ON ACTIVE
DUTY FOR OPERATION ENDURING FREEDOM OR OPERATION IRAQI
FREEDOM.
(a) Child Care for Children Without Access to Military Child
Care.--
(1) Authority.--In any case where the children of a covered
member of the Armed Forces are geographically dispersed and do
not have practical access to a military child development
center, the Secretary of Defense may, to the extent funds are
available for such purpose, provide such funds as are necessary
permit the member's family to secure access for such children
to State licensed child care and development programs and
activities in the private sector that are similar in scope and
quality to the child care and development programs and
activities the Secretary would otherwise provide access to
under subchapter II of chapter 88 of title 10, United States
Code, and other applicable provisions of law.
(2) Procedures.--Funds may be provided under paragraph (1)
in accordance with the provisions of section 1798 of title 10,
United States Code, or by such other mechanism as the Secretary
considers appropriate.
(3) Priorities.--The Secretary shall prescribe in
regulations priorities for the allocation of funds for the
provision of access to child care under paragraph (1) in
circumstances where funds are inadequate to provide all
children described in that paragraph with access to child care
as described in that paragraph.
(b) Preservation of Services and Programs.--The Secretary shall
provide for the attendance and participation of children in military
child development centers and child care and development programs and
activities under subsection (a) in a manner that preserves the scope
and quality of child care and development programs and activities
otherwise provided by the Secretary.
(c) Funding.--Amounts otherwise available to the Department of
Defense and the military departments under this Act may be available
for purposes of providing access to child care under subsection (a).
(d) Definitions.--In this section:
(1) Covered members of the armed forces.--The term
``covered members of the Armed Forces'' means members of the
Armed Forces on active duty, including members of the Reserves
who are called or ordered to active duty under a provision of
law referred to in section 101(a)(13)(B) of title 10, United
States Code, for Operation Enduring Freedom or Operation Iraqi
Freedom.
(2) Military child development center.--The term ``military
child development center'' has the meaning given such term in
section 1800(1) of title 10, United States Code.
SEC. 6. RIGHTS AND DUTIES UNDER USERRA.
(a) Requirement for Employers To Provide Notice of Rights and
Duties Under USERRA.--
(1) Notice.--
(A) Requirement for notice.--Chapter 43 of title
38, United States Code, is amended by adding at the end
the following new section:
``Sec. 4334. Notice of rights and duties
``(a) Requirement To Provide Notice.--Each employer shall provide
to persons entitled to rights and benefits under this chapter a notice
of the rights, benefits, and obligations of such persons and such
employers under this chapter. The requirement for the provision of
notice under this section may be met by the posting of the notice where
employers customarily place notices for employees.
``(b) Content of Notice.--The Secretary shall provide to employers
the text of the notice to be provided under this section.''.
(B) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by adding at
the end the following new item:
``4334. Notice of rights and duties.''.
(2) Implementation.--
(A) Requirement.--Not later than the date that is
90 days after the date of the enactment of this Act,
the Secretary of Labor shall make available to
employers the notice required under section 4334 of
title 38, United States Code, as added by paragraph
(1).
(B) Applicability.--The amendments made by this
subsection shall apply to employers under chapter 43 of
such title on and after the first date referred to in
subparagraph (A).
(b) Demonstration Project for Referral of USERRA Claims Against
Federal Agencies to the Office of Special Counsel.--
(1) Establishment of project.--The Secretary of Labor and
the Office of Special Counsel shall carry out a demonstration
project under which certain claims against Federal executive
agencies under the Uniformed Services Employment and
Reemployment Rights Act 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.
(2) Referral of all prohibited personnel action claims to
the office of special.--
(A) Covered claims.--Under the demonstration
project, the Office of Special Counsel shall receive
and investigate all claims under the Uniformed Services
Employment and Reemployment Rights Act 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.
(B) Related claims.--For purposes of subparagraph
(A), 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 the Uniformed Services
Employment and Reemployment Rights Act.
(3) Referral of other claims against federal executive.--
(A) Other claims.--Under the demonstration project,
the Secretary--
(i) shall refer to the Office of Special
Counsel all claims described in subparagraph
(B) made during the period of the demonstration
project; and
(ii) may refer any claim described in
subparagraph (B) filed before the demonstration
project that is pending before the Secretary at
the beginning of the demonstration project.
(B) Covered claims.--A claim referred to in
subparagraph (A) 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.
(4) Administration of demonstration --
(A) Office of special counsel.--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.
(B) Law administered by the secretary of veterans
affairs.--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 a reference to the
``Office of Special Counsel''.
(C) Retention of jurisdiction over referred
claims.--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.
(5) Period of project.--The demonstration project shall be
carried out during the period beginning on the date that is 60
days after the date of the enactment of this Act, and ending on
September 30, 2007.
(6) Periodic evaluations.--The Comptroller General of the
United States shall conduct periodic evaluations of the
demonstration project under this subsection.
(7) Report on evaluations.--Not later than April 1, 2007,
the Comptroller General shall submit to Congress a report on
the evaluations conducted under paragraph (6). The report shall
include the following information and recommendations:
(A) A description of the operation and results of
the demonstration program, including--
(i) the number of claims described in
paragraph (3) referred to, or otherwise
received by, the Office of Special Counsel and
the number of such claims referred to the
Secretary of Labor; and
(ii) for each Federal executive agency, the
number of claims resolved, the type of
corrective action obtained, the period of time
for final resolution of the claim, and the
results obtained.
(B) An assessment of whether referral to the Office
of Special Counsel of claims under the demonstration
project--
(i) improved services to servicemembers and
veterans; or
(ii) significantly reduced or eliminated
duplication of effort and unintended delays in
resolving meritorious claims of those
servicemembers and veterans.
(C) An assessment of the feasibility and
advisability of referring all claims under chapter 43
of title 38, United States Code, against Federal
executive agencies to the Office of Special Counsel for
investigation and resolution.
(D) Such other recommendations for administrative
action or legislation as the Comptroller General
determines appropriate.
(8) Definitions.--In this subsection:
(A) Office of special counsel.--The term ``Office
of Special Counsel'' means the Office of Special
Counsel established by section 1211 of title 5, United
States Code.
(B) Secretary.--The term ``Secretary'' means the
Secretary of Labor.
(C) Federal executive agency.--The term ``Federal
executive agency'' has the meaning given that term in
section 4303(5) of title 38, United States Code.
(c) USERRA Implementing Regulations.--
(1) Requirement for regulations.--Subsections (a) and
(b)(1) of section 4331 of title 38, United States Code, are
amended by striking ``may prescribe'' and inserting ``shall
prescribe''.
(2) Clarification of right to merit pay increases.--The
regulations prescribed for the implementation of chapter 43 of
title 38, United States Code, under section 4331 of such title
shall include regulations that clarify that the entitlement of
persons returning to employment under such chapter to receive
pay increases under merit pay systems of employers may not be
denied on the basis of lack of work performance evaluations for
periods of absence for active duty in the uniformed services.
SEC. 7. IMPROVED EDUCATIONAL ASSISTANCE BENEFITS FOR MEMBERS OF THE
SELECTED RESERVE.
(a) Increase in Amount of Basic Educational Assistance.--
(1) In general.--Section 16131(b) of title 10, United
States Code, is amended to read as follows:
``(b) Except as provided in subsections (d) through (f), each
educational assistance program established under subsection (a) shall
provide for payment by the Secretary concerned, through the Secretary
of Veterans Affairs, to each person entitled to educational assistance
under this chapter who is pursuing a program of education of an
educational assistance allowance at the following monthly rates:
``(1) For such a program of education pursued on a full-
time basis, at the monthly rate equal to the applicable
percentage (as defined in paragraph (3)) of the rate that
applies for the month under section 3015(a)(1) of title 38.
``(2)(A) Subject to subparagraph (B), for such a program of
education pursued on less than a full-time basis, at an
appropriately reduced rate, as determined under regulations
which the Secretaries concerned shall prescribe.
``(B) No payment may be made to a person for less than
half-time pursuit of such a program of education if tuition
assistance is otherwise available to the person for such
pursuit from the military department concerned.
``(3) In this subsection, the term `applicable percentage'
means, with respect to months occurring during--
``(A) fiscal year 2005, 33 percent;
``(B) fiscal year 2006, 37 percent;
``(C) fiscal year 2007, 41 percent;
``(D) fiscal year 2008, 45 percent; and
``(E) fiscal year 2009, and each subsequent fiscal
year, 50 percent.''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on October 1, 2004, and shall apply with
respect to educational assistance allowances under section
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