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38 U.S.C. § 4324 — Enforcement of rights with respect to Federal executive agencies
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) A person who receives from the Secretary a notification pursuant to section 4322(e) may request that the Secretary refer the complaint for litigation before the Merit Systems Protection Board. Not later than 60 days after the date the Secretary receives such a request, the Secretary shall refer the complaint to the Office of Special Counsel established by [section 1211 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1211&num=0&edition=prelim).
(2)
(A) If the Special Counsel is reasonably satisfied that the person on whose behalf a complaint is referred under paragraph (1) is entitled to the rights or benefits sought, the Special Counsel (upon the request of the person submitting the complaint) may appear on behalf of, and act as attorney for, the person and initiate an action regarding such complaint before the Merit Systems Protection Board.
(B) Not later than 60 days after the date the Special Counsel receives a referral under paragraph (1), the Special Counsel shall—
(i) make a decision whether to represent a person before the Merit Systems Protection Board under subparagraph (A); and
(ii) notify such person in writing of such decision.
**(b)** A person may submit a complaint against a Federal executive agency or the Office of Personnel Management under this subchapter directly to the Merit Systems Protection Board if that person—
(1) has chosen not to apply to the Secretary for assistance under section 4322(a);
(2) has received a notification from the Secretary under section 4322(e);
(3) has chosen not to be represented before the Board by the Special Counsel pursuant to subsection (a)(2)(A); or
(4) has received a notification of a decision from the Special Counsel under subsection (a)(2)(B) d
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Source file: Laws/federal/codes/united-states-code/title-38/section-4324-enforcement-of-rights-with-respect-to-federal-executive-agencies--14c046efce.md
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Source location: Title 38, Chapter 43, § 4324; chapter-043-employment-and-reemployment-rights-of-members-of-the-uniformed-services.md
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**(a)**
(1) A person who receives from the Secretary a notification pursuant to section 4322(e) may request that the Secretary refer the complaint for litigation before the Merit Systems Protection Board. Not later than 60 days after the date the Secretary receives such a request, the Secretary shall refer the complaint to the Office of Special Counsel established by [section 1211 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1211&num=0&edition=prelim).
(2)
(A) If the Special Counsel is reasonably satisfied that the person on whose behalf a complaint is referred under paragraph (1) is entitled to the rights or benefits sought, the Special Counsel (upon the request of the person submitting the complaint) may appear on behalf of, and act as attorney for, the person and initiate an action regarding such complaint before the Merit Systems Protection Board.
(B) Not later than 60 days after the date the Special Counsel receives a referral under paragraph (1), the Special Counsel shall—
(i) make a decision whether to represent a person before the Merit Systems Protection Board under subparagraph (A); and
(ii) notify such person in writing of such decision.
**(b)** A person may submit a complaint against a Federal executive agency or the Office of Personnel Management under this subchapter directly to the Merit Systems Protection Board if that person—
(1) has chosen not to apply to the Secretary for assistance under section 4322(a);
(2) has received a notification from the Secretary under section 4322(e);
(3) has chosen not to be represented before the Board by the Special Counsel pursuant to subsection (a)(2)(A); or
(4) has received a notification of a decision from the Special Counsel under subsection (a)(2)(B) declining to initiate an action and represent the person before the Merit Systems Protection Board.
**(c)**
(1) The Merit Systems Protection Board shall adjudicate any complaint brought before the Board pursuant to subsection (a)(2)(A) or (b), without regard as to whether the complaint accrued before, on, or after October 13, 1994. A person who seeks a hearing or adjudication by submitting such a complaint under this paragraph may be represented at such hearing or adjudication in accordance with the rules of the Board.
(2) If the Board determines that a Federal executive agency or the Office of Personnel Management has not complied with the provisions of this chapter relating to the employment or reemployment of a person by the agency, the Board shall enter an order requiring the agency or Office to comply with such provisions and to compensate such person for any loss of wages or benefits suffered by such person by reason of such lack of compliance.
(3) Any compensation received by a person pursuant to an order under paragraph (2) shall be in addition to any other right or benefit provided for by this chapter and shall not diminish any such right or benefit.
(4) If the Board determines as a result of a hearing or adjudication conducted pursuant to a complaint submitted by a person directly to the Board pursuant to subsection (b) that such person is entitled to an order referred to in paragraph (2), the Board shall award such person reasonable attorney fees, expert witness fees, and other litigation expenses. The Board may, in its discretion, award reasonable attorney fees in a case settled before the issuance of an order if the person can demonstrate that significant attorney fees were incurred and that justice requires such an award.
**(d)**
(1) A person adversely affected or aggrieved by a final order or decision of the Merit Systems Protection Board under subsection (c) may petition the United States Court of Appeals for the Federal Circuit to review the final order or decision. Such petition and review shall be in accordance with the procedures set forth in [section 7703 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7703&num=0&edition=prelim).
(2) Such person may be represented in the Federal Circuit proceeding by the Special Counsel unless the person was not represented by the Special Counsel before the Merit Systems Protection Board regarding such order or decision.
(3) In such Federal Circuit proceeding, the court shall award such person reasonable attorney fees, expert witness fees, and other litigation expenses if such person—
(A) prevails in such Federal Circuit proceeding; and
(B) is not represented by the Special Counsel in such Federal Circuit proceeding.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** There is established the Office of Special Counsel, which shall be headed by the Special Counsel. The Office shall have an official seal which shall be judicially noticed. The Office shall have its principal office in the District of Columbia and shall have field offices in other appropriate locations.
**(b)** The Special Counsel shall be appointed by the President, by and with the advice and consent of the Senate, for a term of 5 years. The Special Counsel may continue to serve beyond the expiration of the term until a successor is appointed and has qualified, except that the Special Counsel may not continue to serve for more than one year after the date on which the term of the Special Counsel would otherwise expire under this subsection. The Special Counsel shall be an attorney who, by demonstrated ability, background, training, or experience, is especially qualified to carry out the functions of the position. A Special Counsel appointed to fill a vacancy occurring before the end of a term of office of the Special Counsel’s predecessor serves for the remainder of the term. The Special Counsel may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office. The Special Counsel may not hold another office or position in the Government of the United States, except as otherwise provided by law or at the direction of the President.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1211
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Any employee or applicant for employment adversely affected or aggrieved by a final order or decision of the Merit Systems Protection Board may obtain judicial review of the order or decision.
(2) The Board shall be named respondent in any proceeding brought pursuant to this subsection, unless the employee or applicant for employment seeks review of a final order or decision on the merits on the underlying personnel action or on a request for attorney fees, in which case the agency responsible for taking the personnel action shall be the respondent.
**(b)**
(1)
(A) Except as provided in subparagraph (B) and paragraph (2) of this subsection, a petition to review a final order or final decision of the Board shall be filed in the United States Court of Appeals for the Federal Circuit. Notwithstanding any other provision of law, any petition for review shall be filed within 60 days after the Board issues notice of the final order or decision of the Board.
(B) A petition to review a final order or final decision of the Board that raises no challenge to the Board’s disposition of allegations of a prohibited personnel practice described in section 2302(b) other than practices described in section 2302(b)(8), or 2302(b)(9)(A)(i), (B), (C), or (D) shall be filed in the United States Court of Appeals for the Federal Circuit or any court of appeals of competent jurisdiction. Notwithstanding any other provision of law, any petition for review shall be filed within 60 days after the Board issues notice of the final order or decision of the Board.
(2) Cases of discrimination subject to the provisions of [section 7702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7702&num=0&edition=prelim) shall be filed under section
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7703
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4311
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A participant in the Tuition Reimbursement Program who fails to maintain employment as a Department employee permanently assigned to a Department health-care facility—
(1) may not be provided reimbursement for tuition for the course or courses in which the participant is enrolled; and
(2) in lieu of any service obligation arising from participation in the program, shall be liable to the United States for the amount which has been paid or is payable to or on behalf of the participant under the agreement, reduced by the proportion that the number of days served for completion of the service obligation bears to the total number of days in the participant’s period of obligated service.
**(b)** Any amount of damages which the United States is entitled to recover under this section shall be paid to the United States within the one-year period beginning on the date of the breach of the agreement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7624
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4301
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Effect of Noncompliance of Federal Officials With Deadlines.—**
(1) The inability of the Secretary, the Attorney General, or the Special Counsel to comply with a deadline applicable to such official under section 4322, 4323, or 4324 of this title—
(A) shall not affect the authority of the Attorney General or the Special Counsel to represent and file an action or submit a complaint on behalf of a person under section 4323 or 4324 of this title;
(B) shall not affect the right of a person—
(i) to commence an action under [section 4323 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4323&num=0&edition=prelim);
(ii) to submit a complaint under [section 4324 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4324&num=0&edition=prelim); or
(iii) to obtain any type of assistance or relief authorized by this chapter;
(C) shall not deprive a Federal court, the Merit Systems Protection Board, or a State court of jurisdiction over an action or complaint filed by the Attorney General, the Special Counsel, or a person under section 4323 or 4324 of this title; and
(D) shall not constitute a defense, including a statute of limitations period, that any employer (including a State, a private employer, or a Federal executive agency) or the Office of Personnel Management may raise in an action filed by the Attorney General, the Special Counsel, or a person under section 4323 or 4324 of this title.
(2) If the Secretary, the Attorney General, or the Special Counsel is unable to meet a deadline applicable to such official in section 4322(f), 4323(a)(1), 4323(a)(2), 4324(a)(1), or 4324(a)(2)(B) of this title, and the person agrees to an extension of time, the Secretary, the Att
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4327
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Federal law — U.S. Code and appendices · legal_authorities
Page 1013
TITLE 38—VETERANS’ BENEFITS
§ 4324
(a) shall be entitled to an injunction under para-
graph (1) if such person demonstrates—
(A) a violation—
(i) of the provisions of this chapter; or
(ii) of the provisions of this chapter is
threatened or is imminent;
(B) the harm to the person outweighs the in-
jury to the employer;
(C) a likelihood of success on the merits of
such action; and
(D) awarding such relief is in the public in-
terest.
(3) The court may not deny a motion for in-
junctive relief on the basis that a party bringing
an action to enforce a provision of this chapter
may be awarded wages unearned due to an un-
lawful termination or denial of employment at
the conclusion of such action.
(f) STANDING.—An action under this chapter
may be initiated only by a person claiming
rights or benefits under this chapter under sub-
section (a) or by the United States under sub-
section (a)(1).
(g) RESPONDENT.—In any action under this
chapter, only an employer or a potential em-
ployer, as the case may be, shall be a necessary
party respondent.
(h) FEES, COURT COSTS.—(1) No fees or court
costs may be charged or taxed against any per-
son claiming rights under this chapter.
(2) In any action or proceeding to enforce a
provision of this chapter by a person under sub-
section (a)(3) who obtained private counsel for
such action or proceeding, the court shall award
any such person who prevails in such action or
proceeding reasonable attorney fees, expert wit-
ness fees, and other litigation expenses.
(i) DEFINITION.—In this section, the term ‘‘pri-
vate employer’’ includes a political subdivision
of a State.
(Added Pub. L. 103–353, § 2(a), Oct. 13, 1994, 108
Stat. 3165; amended Pub. L. 104–275, title III,
§ 311(10), Oct. 9, 1996, 110 Stat. 3335; Pu
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 4324
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