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) 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 re- ferred to in that subsection to the inspector gen- eral of the agency which is the subject of the al- legation. The inspector general shall investigate and resolve the allegation pursuant to proce- dures prescribed by the head of the agency. (c) In prescribing procedures for the investiga- tion and resolution of allegations under sub- section (b), the head of an agency shall ensure, to the maximum extent practicable, that the procedures are similar to the procedures for in- vestigating 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 in- formation from the Secretary regarding as- sistance in seeking reemployment from the agency under this chapter or information re- lating to the rights and obligations of employ- ees and Federal agencies under this chapter; or (2) as prohibiting such an agency from vol- untarily cooperating with or seeking assist- ance in or of clarification from the Secretary or the Director of the Office of Personnel Man- agement of any matter arising under this chapter. (Added Pub. L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3167; amended Pub. L. 104–275, title III, § 311(12), Oct. 9, 1996, 110 Stat. 3336.) Editorial Notes PRIOR PROVISIONS A prior section 4325 was renumbered section 7625 of this title. AMENDMENTS 1996—Subsec. (d)(1). Pub. L. 104–275 struck out ‘‘, alternative employment in the Federal Government under this chapter,’’ before ‘‘or information relating to the rights and obligations’’ and substituted ‘‘employees and’’ for ‘‘employee and’’. Statutory Notes and Related Subsidiaries 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. § 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 inter- view 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 rel- evant to the investigation. (b) In carrying out any investigation under this chapter, the Secretary may require by sub- poena the attendance and testimony of wit- nesses 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 Gen- eral may apply to any district court of the United States in whose jurisdiction such disobe- dience or contumacy occurs for an order enforc- ing 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 juris- diction to punish failure to obey a subpoena or other lawful order of the Secretary as a con- tempt of court. (d) Subsections (b) and (c) shall not apply to the legislative branch or the judicial branch of the United States. (Added Pub. L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3167; amended Pub. L. 104–275, title III, § 311(13), Oct. 9, 1996, 110 Stat. 3336.)