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38 U.S.C. § 4325 — Enforcement of rights with respect to certain Federal agencies

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 4325 — Enforcement of rights with respect to certain Federal agencies

**(a)** This section applies to any person who alleges that— (1) the reemployment of such person by an agency referred to in subsection (a) of section 4315 was not in accordance with procedures for the reemployment of such person under subsection (b) of such section; or (2) the failure of such agency to reemploy the person under such section was otherwise wrongful. **(b)** Any person referred to in subsection (a) may submit a claim relating to an allegation referred to in that subsection to the inspector general of the agency which is the subject of the allegation. The inspector general shall investigate and resolve the allegation pursuant to procedures prescribed by the head of the agency. **(c)** In prescribing procedures for the investigation and resolution of allegations under subsection (b), the head of an agency shall ensure, to the maximum extent practicable, that the procedures are similar to the procedures for investigating and resolving complaints utilized by the Secretary under section 4322(d). **(d)** This section may not be construed— (1) as prohibiting an employee of an agency referred to in subsection (a) from seeking information from the Secretary regarding assistance in seeking reemployment from the agency under this chapter or information relating to the rights and obligations of employees and Federal agencies under this chapter; or (2) as prohibiting such an agency from voluntarily cooperating with or seeking assistance in or of clarification from the Secretary or the Director of the Office of Personnel Management of any matter arising under this chapter.

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Source location: Title 38, Chapter 43, § 4325; chapter-043-employment-and-reemployment-rights-of-members-of-the-uniformed-services.md

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 4311 — Discrimination against persons who serve in the uniformed services and acts of reprisal prohibited

**(a)** A person who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in a uniformed service shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, application for membership, performance of service, application for service, or obligation. **(b)** An employer may not discriminate in employment against or take any adverse employment action or other retaliatory 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 chapte

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 7625 — Allocation and distribution of funding

In determining the amount of funding to allocate to Department health-care facilities for any fiscal year in connection with the Tuition Reimbursement Program, the Secretary shall take into account (1) the personnel ceiling for that fiscal year for nursing personnel, and (2) the recruitment and retention needs of such facilities, as determined by the Secretary.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 4301 — Purposes; sense of Congress

**(a)** The purposes of this chapter are— (1) to encourage 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.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 4325 — Enforcement of rights with respect to cer-

Page 1015 TITLE 38—VETERANS’ BENEFITS § 4326 Subsec. (b). Pub. L. 104–275, § 311(11)(B)(i), inserted ‘‘or the Office of Personnel Management’’ after ‘‘Federal executive agency’’ in introductory provisions. Subsec. (b)(1). Pub. L. 104–275, § 311(11)(B)(ii), sub- stituted ‘‘under section 4322(a)’’ for ‘‘regarding a com- plaint under section 4322(c)’’. Subsec. (c)(2). Pub. L. 104–275, § 311(11)(C), inserted ‘‘or the Office of Personnel Management’’ after ‘‘Federal executive agency’’ and substituted ‘‘Office to comply’’ for ‘‘employee to comply’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105–368, title II, § 213(b), Nov. 11, 1998, 112 Stat. 3332, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply to com- plaints filed with the Merit Systems Protection Board on or after October 13, 1994.’’ 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 ini- tiated on or after the first day after the 60-day period beginning Oct. 13, 1994, with transition rules, except that provisions necessary for implementation of sec- tion 4311 of this title are effective Oct. 13, 1994, see sec- tion 8 of Pub. L. 103–353, set out as a note under section 4301 of this title. § 4325. Enforcement of rights with respect to cer- tain Federal agencies (a) This section applies to any person who al- leges that— (1) the reemployment of such person by an agency referred to in subsection (a) of section 4315 was not in accordance with procedures for the reemployment of such person under sub- section (b) of such section; or (2)

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