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38 U.S.C. § 4326 — Conduct of investigation; subpoenas

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

38 U.S.C. § 4326 — Conduct of investigation; subpoenas

**(a)** In carrying out any investigation under this chapter, the Secretary’s duly authorized representatives shall, at all reasonable times, have reasonable access to and the right to interview persons with information relevant to the investigation and shall have reasonable access to, for purposes of examination, and the right to copy and receive, any documents of any person or employer that the Secretary considers relevant to the investigation. **(b)** In carrying out any investigation under this chapter, the Secretary may require by subpoena the attendance and testimony of witnesses and the production of documents relating to any matter under investigation. In case of disobedience of the subpoena or contumacy and on request of the Secretary, the Attorney General may apply to any district court of the United States in whose jurisdiction such disobedience or contumacy occurs for an order enforcing the subpoena. **(c)** Upon application, the district courts of the United States shall have jurisdiction to issue writs commanding any person or employer to comply with the subpoena of the Secretary or to comply with any order of the Secretary made pursuant to a lawful investigation under this chapter and the district courts shall have jurisdiction to punish failure to obey a subpoena or other lawful order of the Secretary as a contempt of court. **(d)** Subsections (b) and (c) shall not apply to the legislative branch or the judicial branch of the United States.

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Source location: Title 38, Chapter 43, § 4326; 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. § 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. § 4326 — Conduct of investigation; subpoenas

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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