
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: 38USC4322]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
    CHAPTER 43--EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE 
                           UNIFORMED SERVICES
 
      SUBCHAPTER III--PROCEDURES FOR ASSISTANCE, ENFORCEMENT, AND 
                              INVESTIGATION
 
Sec. 4322. Enforcement of employment or reemployment 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 Federal 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 accordance 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, include the name and address of the employer 
against whom the complaint is filed, and contain a summary of the 
allegations that form the basis for the complaint.
    (c) 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.
    (d) The Secretary shall investigate each complaint submitted 
pursuant to subsection (a). If the Secretary determines as a result of 
the investigation that the action alleged in such complaint occurred, 
the Secretary shall attempt to resolve the complaint by making 
reasonable efforts 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 of--
        (1) the results of the Secretary's investigation; 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 Office of 
    Personnel Management).

    (f) This subchapter does not apply to any action relating to 
benefits to be provided under the Thrift Savings Plan under title 5.

(Added Pub. L. 103-353, Sec. 2(a), Oct. 13, 1994, 108 Stat. 3164; 
amended Pub. L. 104-275, title III, Sec. 311(9), Oct. 9, 1996, 110 Stat. 
3335.)


                            Prior Provisions

    A prior section 4322 was renumbered section 7622 of this title.


                               Amendments

    1996--Subsec. (d). Pub. L. 104-275, Sec. 311(9)(A), inserted 
``attempt to'' before ``resolve''.
    Subsec. (e). Pub. L. 104-275, Sec. 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, Sec. 311(9)(B)(ii), inserted ``or 
the Office of Personnel Management'' after ``Federal executive agency''.


                    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 initiated 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 section 4311 of this title are effective Oct. 13, 
1994, 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 4323, 4324, 4325 of this 
title.
