
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC4314]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
    CHAPTER 43--EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE 
                           UNIFORMED SERVICES
 
   SUBCHAPTER II--EMPLOYMENT AND REEMPLOYMENT RIGHTS AND LIMITATIONS; 
                              PROHIBITIONS
 
Sec. 4314. Reemployment by the Federal Government

    (a) Except as provided in subsections (b), (c), and (d), if a person 
is entitled to reemployment by the Federal Government under section 
4312, such person shall be reemployed in a position of employment as 
described in section 4313.
    (b)(1) If the Director of the Office of Personnel Management makes a 
determination described in paragraph (2) with respect to a person who 
was employed by a Federal executive agency at the time the person 
entered the service from which the person seeks reemployment under this 
section, the Director shall--
        (A) identify a position of like seniority, status, and pay at 
    another Federal executive agency that satisfies the requirements of 
    section 4313 and for which the person is qualified; and
        (B) ensure that the person is offered such position.

    (2) The Director shall carry out the duties referred to in 
subparagraphs (A) and (B) of paragraph (1) if the Director determines 
that--
        (A) the Federal executive agency that employed the person 
    referred to in such paragraph no longer exists and the functions of 
    such agency have not been transferred to another Federal executive 
    agency; or
        (B) it is impossible or unreasonable for the agency to reemploy 
    the person.

    (c) If the employer of a person described in subsection (a) was, at 
the time such person entered the service from which such person seeks 
reemployment under this section, a part of the judicial branch or the 
legislative branch of the Federal Government, and such employer 
determines that it is impossible or unreasonable for such employer to 
reemploy such person, such person shall, upon application to the 
Director of the Office of Personnel Management, be ensured an offer of 
employment in an alternative position in a Federal executive agency on 
the basis described in subsection (b).
    (d) If the adjutant general of a State determines that it is 
impossible or unreasonable to reemploy a person who was a National Guard 
technician employed under section 709 of title 32, such person shall, 
upon application to the Director of the Office of Personnel Management, 
be ensured an offer of employment in an alternative position in a 
Federal executive agency on the basis described in subsection (b).

(Added Pub. L. 103-353, Sec. 2(a), Oct. 13, 1994, 108 Stat. 3158.)


                            Prior Provisions

    A prior section 4314 was renumbered section 7614 of this title.


                             Effective Date

    Section effective with respect to reemployments initiated on or 
after the first day after the 60-day period beginning Oct. 13, 1994, 
with transition rules, see section 8 of Pub. L. 103-353, set out as a 
note under section 4301 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 4313, 4319 of this title; 
title 3 section 416.
