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) 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.) Page 1016 TITLE 38—VETERANS’ BENEFITS § 4327 Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–275 inserted ‘‘have rea- sonable access to and the right to interview persons with information relevant to the investigation and shall’’ after ‘‘at all reasonable times,’’. 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 Oct. 13, 1994, and applicable to any matter pending with Secretary of Labor under former section 4305 of this title as of that date, see section 8(e) of Pub. L. 103–353, set out as a note under section 4301 of this title. § 4327. Noncompliance of Federal officials with deadlines; inapplicability of statutes of limi- tations (a) EFFECT OF NONCOMPLIANCE OF FEDERAL OF- FICIALS WITH DEADLINES.—(1) The inability of the Secretary, the Attorney General, or the Spe- cial Counsel to comply with a deadline applica- ble to such official under section 4322, 4323, or 4324 of this title— (A) shall not affect the authority of the At- torney General or the Special Counsel to rep- resent and file an action or submit a com- plaint 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; (ii) to submit a complaint under section 4324 of this title; or (iii) to obtain any type of assistance or re- lief 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 com- plaint filed by the Attorney General, the Spe- cial 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 em- ployer (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 Attorney General, or the Special Counsel, as the case may be, shall complete the required action within the addi- tional period of time agreed to by the person. (b) INAPPLICABILITY OF STATUTES OF LIMITA- TIONS.—If any person seeks to file a complaint or claim with the Secretary, the Merit Systems Protection Board, or a Federal or State court under this chapter alleging a violation of this chapter, there shall be no limit on the period for filing the complaint or claim. (Added Pub. L. 110–389, title III, § 311(f)(1), Oct. 10, 2008, 122 Stat. 4163.) SUBCHAPTER IV—MISCELLANEOUS PROVISIONS § 4331. Regulations (a) The Secretary (in consultation with the Secretary of Defense) may prescribe regulations implementing the provisions of this chapter with regard to the application of this chapter to States, local governments, and private employ- ers. (b)(1) The Director of the Office of Personnel Management (in consultation with the Sec- retary and the Secretary of Defense) may pre- scribe regulations implementing the provisions of this chapter with regard to the application of this chapter to Federal executive agencies (other than the agencies referred to in para- graph (2)) as employers. Such regulations shall be consistent with the regulations pertaining to the States as employers and private employers, except that employees of the Federal Govern- ment may be given greater or additional rights. (2) The following entities may prescribe regu- lations to carry out the activities of such enti- ties under this chapter: (A) The Merit Systems Protection Board. (B) The Office of Special Counsel. (C) The agencies referred to in section 2302(a)(2)(C)(ii) of title 5. (Added Pub. L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3168; amended Pub. L. 109–233, title V, § 503(14), June 15, 2006, 120 Stat. 417.) Editorial Notes PRIOR PROVISIONS A prior section 4331 was renumbered section 7631 of this title. AMENDMENTS 2006—Subsec. (b)(2)(C). Pub. L. 109–233 substituted ‘‘section 2302(a)(2)(C)(ii)’’ for ‘‘section 2303(a)(2)(C)(ii)’’. 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, see sec- tion 8 of Pub. L. 103–353, set out as a note under section 4301 of this title. § 4332. Reports (a) ANNUAL REPORT BY SECRETARY.—The Sec- retary shall, after consultation with the Attor- ney General and the Special Counsel referred to in section 4324(a)(1), transmit to Congress not later than July 1 each year a report on matters for the fiscal year ending in the year before the year in which such report is transmitted as fol- lows: (1) The number of cases reviewed by the De- partment of Labor under this chapter during the fiscal year for which the report is made. (2) The number of cases reviewed by the Sec- retary of Defense under the National Com-