38 U.S.C. § 4322 — Enforcement of employment or reemploy-

Page 1011 TITLE 38—VETERANS’ BENEFITS § 4322 compliance with that section would cause such employer, or such entity controlled by an em- ployer, to violate the law of the foreign country in which the workplace is located. (Added Pub. L. 105–368, title II, § 212(b)(1), Nov. 11, 1998, 112 Stat. 3331.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable only with respect to causes of ac- tion arising after Nov. 11, 1998, see section 212(c) of Pub. L. 105–368, set out as an Effective Date of 1998 Amend- ment note under section 4303 of this title. SUBCHAPTER III—PROCEDURES FOR AS- SISTANCE, ENFORCEMENT, AND INVES- TIGATION § 4321. Assistance in obtaining reemployment or other employment rights or benefits The Secretary (through the Veterans’ Employ- ment and Training Service) shall provide assist- ance to any person with respect to the employ- ment and reemployment rights and benefits to which such person is entitled under this chapter. In providing such assistance, the Secretary may request the assistance of existing Federal and State agencies engaged in similar or related ac- tivities and utilize the assistance of volunteers. (Added Pub. L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3164.) Editorial Notes PRIOR PROVISIONS A prior section 4321 was renumbered section 7621 of this title. Statutory Notes and Related Subsidiaries 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. § 4322. Enforcement of employment or reemploy- ment rights (a) A person who claims that— (1) such person is entitled under this chapter to employment or reemployment rights or benefits with respect to employment by an employer; and (2)(A) such employer has failed or refused, or is about to fail or refuse, to comply with the provisions of this chapter; or (B) in the case that the employer is a Fed- eral executive agency, such employer or the Office of Personnel Management has failed or refused, or is about to fail or refuse, to comply with the provisions of this chapter, may file a complaint with the Secretary in ac- cordance with subsection (b), and the Secretary shall investigate such complaint. (b) Such complaint shall be in writing, be in such form as the Secretary may prescribe, in- clude the name and address of the employer against whom the complaint is filed, and con- tain a summary of the allegations that form the basis for the complaint. (c)(1) Not later than five days after the Sec- retary receives a complaint submitted by a per- son under subsection (a), the Secretary shall no- tify such person in writing of his or her rights with respect to such complaint under this sec- tion and section 4323 or 4324, as the case may be. (2) The Secretary shall, upon request, provide technical assistance to a potential claimant with respect to a complaint under this sub- section, and when appropriate, to such claim- ant’s employer. (d) The Secretary shall investigate each com- plaint submitted pursuant to subsection (a). If the Secretary determines as a result of the in- vestigation that the action alleged in such com- plaint occurred, the Secretary shall attempt to resolve the complaint by making reasonable ef- forts to ensure that the person or entity named in the complaint complies with the provisions of this chapter. (e) If the efforts of the Secretary with respect to any complaint filed under subsection (a) do not resolve the complaint, the Secretary shall notify the person who submitted the complaint in writing of— (1) the results of the Secretary’s investiga- tion; and (2) the complainant’s entitlement to proceed under the enforcement of rights provisions provided under section 4323 (in the case of a person submitting a complaint against a State or private employer) or section 4324 (in the case of a person submitting a complaint against a Federal executive agency or the Of- fice of Personnel Management). (f) Any action required by subsections (d) and (e) with respect to a complaint submitted by a person to the Secretary under subsection (a) shall be completed by the Secretary not later than 90 days after receipt of such complaint. (g) This subchapter does not apply to any ac- tion relating to benefits to be provided under the Thrift Savings Plan under title 5. (Added Pub. L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3164; amended Pub. L. 104–275, title III, § 311(9), Oct. 9, 1996, 110 Stat. 3335; Pub. L. 110–389, title III, § 311(a)–(c), Oct. 10, 2008, 122 Stat. 4162.) Editorial Notes PRIOR PROVISIONS A prior section 4322 was renumbered section 7622 of this title. AMENDMENTS 2008—Subsec. (c). Pub. L. 110–389, § 311(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: ‘‘The Secretary shall, upon request, provide technical assistance to a potential claimant with respect to a complaint under this subsection, and when appropriate, to such claimant’s employer.’’ Subsec. (e). Pub. L. 110–389, § 311(b), inserted ‘‘in writ- ing’’ after ‘‘submitted the complaint’’ in introductory provisions. Subsecs. (f), (g). Pub. L. 110–389, § 311(c), added subsec. (f) and redesignated former subsec. (f) as (g). 1996—Subsec. (d). Pub. L. 104–275, § 311(9)(A), inserted ‘‘attempt to’’ before ‘‘resolve’’. Page 1012 TITLE 38—VETERANS’ BENEFITS § 4323 Subsec. (e). Pub. L. 104–275, § 311(9)(B)(i), substituted ‘‘with respect to any complaint filed under subsection (a) do not resolve the complaint,’’ for ‘‘with respect to a complaint under subsection (d) are unsuccessful,’’ in introductory provisions. Subsec. (e)(2). Pub. L. 104–275, § 311(9)(B)(ii), inserted ‘‘or the Office of Personnel Management’’ after ‘‘Fed- eral executive agency’’. 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. § 4323. Enforcement of rights with respect to a State or private employer (a) ACTION FOR RELIEF.—(1) A person who re- ceives from the Secretary a notification pursu- ant to section 4322(e) of this title of an unsuc- cessful effort to resolve a complaint relating to a State (as an employer) or a private employer may request that the Secretary refer the com- plaint to the Attorney General. Not later than 60 days after the Secretary receives such a re- quest with respect to a complaint, the Secretary shall refer the complaint to the Attorney Gen- eral. If the Attorney General is reasonably satis- fied that the person on whose behalf the com- plaint is referred is entitled to the rights or ben- efits sought, the Attorney General may appear on behalf of, and act as attorney for, the person on whose behalf the complaint is submitted and commence an action for relief under this chap- ter for such person. In the case of such an action against a State (as an employer), the action shall be brought in the name of the United States as the plaintiff in the action. (2) Not later than 60 days after the date the Attorney General receives a referral under para- graph (1), the Attorney General shall— (A) make a decision whether to appear on behalf of, and act as attorney for, the person on whose behalf the complaint is submitted; and (B) notify such person in writing of such de- cision. (3) A person may commence an action for re- lief with respect to a complaint against a State (as an employer) or a private employer if the person— (A) has chosen not to apply to the Secretary for assistance under section 4322(a) of this title; (B) has chosen not to request that the Sec- retary refer the complaint to the Attorney General under paragraph (1); or (C) has been refused representation by the Attorney General with respect to the com- plaint under such paragraph. (b) JURISDICTION.—(1) In the case of an action against a State (as an employer) or a private employer commenced by the United States, the district courts of the United States shall have jurisdiction over the action. (2) In the case of an action against a State (as an employer) by a person, the action may be brought in a State court of competent jurisdic- tion in accordance with the laws of the State. (3) In the case of an action against a private employer by a person, the district courts of the United States shall have jurisdiction of the ac- tion. (c) VENUE.—(1) In the case of an action by the United States against a State (as an employer), the action may proceed in the United States dis- trict court for any district in which the State exercises any authority or carries out any func- tion. (2) In the case of an action against a private employer, the action may proceed in the United States district court for any district in which the private employer of the person maintains a place of business. (d) REMEDIES.—(1) In any action under this section, the court may award relief as follows: (A) The court may require the employer to comply with the provisions of this chapter. (B) The court may require the employer to compensate the person for any loss of wages or benefits suffered by reason of such employer’s failure to comply with the provisions of this chapter. (C) The court may require the employer to pay the person the amount referred to in sub- paragraph (B) and interest on such amount, calculated at a rate of 3 percent per year. (D) The court may require the employer to pay the person the greater of $50,000 or the amount equal to the amounts referred to in subparagraphs (B) and (C) as liquidated dam- ages, if the court determines that the em- ployer knowingly failed to comply with the provisions of this chapter. (2)(A) Any compensation awarded under sub- paragraph (B) or (C) of paragraph (1) shall be in addition to, and shall not diminish, any of the other rights and benefits provided for under this chapter. (B) In the case of an action commenced in the name of the United States for which the relief includes compensation awarded under subpara- graph (B) or (C) of paragraph (1), such compensa- tion shall be held in a special deposit account and shall be paid, on order of the Attorney Gen- eral, directly to the person. If the compensation is not paid to the person because of inability to do so within a period of 3 years, the compensa- tion shall be covered into the Treasury of the United States as miscellaneous receipts. (3) A State shall be subject to the same rem- edies, including prejudgment interest, as may be imposed upon any private employer under this section. (e) EQUITY POWERS.—(1) The court shall use, in any case in which the court determines it is ap- propriate, its full equity powers, including tem- porary or permanent injunctions, temporary re- straining orders, and contempt orders, to vindi- cate fully the rights or benefits of persons under this chapter. (2) A person bringing an action to enforce a provision of this chapter pursuant to subsection