The National Emergencies Act, referred to in par. (13), is Pub. L. 94–412,
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.
A prior section 4303, added Pub. L. 93–508, title IV, § 404(a),
Another prior section 4303 was renumbered section 7603 of this title.
2022—Par. (5). Pub. L. 117–263, § 5121(a), amended par. (5) generally. Prior to amendment, par. (5) read as follows: “The term ‘Federal executive agency’ includes the United States Postal Service, the Postal Regulatory Commission, any nonappropriated fund instrumentality of the United States, any Executive agency (as that term is defined in section 105 of title 5) other than an agency referred to in section 2302(a)(2)(C)(ii) of title 5, and any military department (as that term is defined in section 102 of title 5) with respect to the civilian employees of that department.”
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”.
Par. (16). Pub. L. 117–178, § 3(a)(2), redesignated par. (16) defining “uniformed services” as (17).
Par. (17). Pub. L. 117–263, § 5121(b), substituted “Commissioned Corps of the Public Health Service” for “commissioned corps of the Public Health Service”.
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”.
Pub. L. 111–275, title VII, § 701(b), “(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 [“(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), “(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 [“(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. 107–14, § 8(b),
Pub. L. 106–419, title III, § 323(c),
Pub. L. 105–368, title II, § 212(c),
Amendment by Pub. L. 104–275 effective
Section effective with respect to reemployments initiated on or after the first day after the 60-day period beginning