
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: 38USC4315]

 
                      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. 4315. Reemployment by certain Federal agencies

    (a) The head of each agency referred to in section 2302(a)(2)(C)(ii) 
of title 5 shall prescribe procedures for ensuring that the rights under 
this chapter apply to the employees of such agency.
    (b) In prescribing procedures under subsection (a), the head of an 
agency referred to in that subsection shall ensure, to the maximum 
extent practicable, that the procedures of the agency for reemploying 
persons who serve in the uniformed services provide for the reemployment 
of such persons in the agency in a manner similar to the manner of 
reemployment described in section 4313.
    (c)(1) The procedures prescribed under subsection (a) shall 
designate an official at the agency who shall determine whether or not 
the reemployment of a person referred to in subsection (b) by the agency 
is impossible or unreasonable.
    (2) Upon making a determination that the reemployment by the agency 
of a person referred to in subsection (b) is impossible or unreasonable, 
the official referred to in paragraph (1) shall notify the person and 
the Director of the Office of Personnel Management of such 
determination.
    (3) A determination pursuant to this subsection shall not be subject 
to judicial review.
    (4) The head of each agency referred to in subsection (a) shall 
submit to the Select Committee on Intelligence and the Committee on 
Veterans' Affairs of the Senate and the Permanent Select Committee on 
Intelligence and the Committee on Veterans' Affairs of the House of 
Representatives on an annual basis a report on the number of persons 
whose reemployment with the agency was determined under this subsection 
to be impossible or unreasonable during the year preceding the report, 
including the reason for each such determination.
    (d)(1) Except as provided in this section, nothing in this section, 
section 4313, or section 4325 shall be construed to exempt any agency 
referred to in subsection (a) from compliance with any other substantive 
provision of this chapter.
    (2) This section may not be construed--
        (A) as prohibiting an employee of an agency referred to in 
    subsection (a) from seeking information from the Secretary regarding 
    assistance in seeking reemployment from the agency under this 
    chapter, alternative employment in the Federal Government under this 
    chapter, or information relating to the rights and obligations of 
    employee and Federal agencies under this chapter; or
        (B) as prohibiting such an agency from voluntarily cooperating 
    with or seeking assistance in or of clarification from the Secretary 
    or the Director of the Office of Personnel Management of any matter 
    arising under this chapter.

    (e) The Director of the Office of Personnel Management shall ensure 
the offer of employment to a person in a position in a Federal executive 
agency on the basis described in subsection (b) if--
        (1) the person was an employee of an agency referred to in 
    section 2302(a)(2)(C)(ii) of title 5 at the time the person entered 
    the service from which the person seeks reemployment under this 
    section;
        (2) the appropriate officer of the agency determines under 
    subsection (c) that reemployment of the person by the agency is 
    impossible or unreasonable; and
        (3) the person submits an application to the Director for an 
    offer of employment under this subsection.

(Added Pub. L. 103-353, Sec. 2(a), Oct. 13, 1994, 108 Stat. 3159.)


                            Prior Provisions

    A prior section 4315 was renumbered section 7615 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, 4325 of this 
title.
