
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: 38USC4324]

 
                      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. 4324. Enforcement of rights with respect to Federal 
        executive agencies
        
    (a)(1) A person who receives from the Secretary a notification 
pursuant to section 4322(e) may request that the Secretary refer the 
complaint for litigation before the Merit Systems Protection Board. The 
Secretary shall refer the complaint to the Office of Special Counsel 
established by section 1211 of title 5.
    (2)(A) If the Special Counsel is reasonably satisfied that the 
person on whose behalf a complaint is referred under paragraph (1) is 
entitled to the rights or benefits sought, the Special Counsel (upon the 
request of the person submitting the complaint) may appear on behalf of, 
and act as attorney for, the person and initiate an action regarding 
such complaint before the Merit Systems Protection Board.
    (B) If the Special Counsel declines to initiate an action and 
represent a person before the Merit Systems Protection Board under 
subparagraph (A), the Special Counsel shall notify such person of that 
decision.
    (b) A person may submit a complaint against a Federal executive 
agency or the Office of Personnel Management under this subchapter 
directly to the Merit Systems Protection Board if that person--
        (1) has chosen not to apply to the Secretary for assistance 
    under section 4322(a);
        (2) has received a notification from the Secretary under section 
    4322(e);
        (3) has chosen not to be represented before the Board by the 
    Special Counsel pursuant to subsection (a)(2)(A); or
        (4) has received a notification of a decision from the Special 
    Counsel under subsection (a)(2)(B).

    (c)(1) The Merit Systems Protection Board shall adjudicate any 
complaint brought before the Board pursuant to subsection (a)(2)(A) or 
(b), without regard as to whether the complaint accrued before, on, or 
after October 13, 1994. A person who seeks a hearing or adjudication by 
submitting such a complaint under this paragraph may be represented at 
such hearing or adjudication in accordance with the rules of the Board.
    (2) If the Board determines that a Federal executive agency or the 
Office of Personnel Management has not complied with the provisions of 
this chapter relating to the employment or reemployment of a person by 
the agency, the Board shall enter an order requiring the agency or 
Office to comply with such provisions and to compensate such person for 
any loss of wages or benefits suffered by such person by reason of such 
lack of compliance.
    (3) Any compensation received by a person pursuant to an order under 
paragraph (2) shall be in addition to any other right or benefit 
provided for by this chapter and shall not diminish any such right or 
benefit.
    (4) If the Board determines as a result of a hearing or adjudication 
conducted pursuant to a complaint submitted by a person directly to the 
Board pursuant to subsection (b) that such person is entitled to an 
order referred to in paragraph (2), the Board may, in its discretion, 
award such person reasonable attorney fees, expert witness fees, and 
other litigation expenses.
    (d)(1) A person adversely affected or aggrieved by a final order or 
decision of the Merit Systems Protection Board under subsection (c) may 
petition the United States Court of Appeals for the Federal Circuit to 
review the final order or decision. Such petition and review shall be in 
accordance with the procedures set forth in section 7703 of title 5.
    (2) Such person may be represented in the Federal Circuit proceeding 
by the Special Counsel unless the person was not represented by the 
Special Counsel before the Merit Systems Protection Board regarding such 
order or decision.

(Added Pub. L. 103-353, Sec. 2(a), Oct. 13, 1994, 108 Stat. 3166; 
amended Pub. L. 104-275, title III, Sec. 311(11), Oct. 9, 1996, 110 
Stat. 3336; Pub. L. 105-368, title II, Sec. 213(a), Nov. 11, 1998, 112 
Stat. 3331.)


                            Prior Provisions

    A prior section 4324 was renumbered section 7624 of this title.


                               Amendments

    1998--Subsec. (c)(1). Pub. L. 105-368 inserted ``, without regard as 
to whether the complaint accrued before, on, or after October 13, 1994'' 
before period at end of first sentence.
    1996--Subsec. (a)(1). Pub. L. 104-275, Sec. 311(11)(A), struck out 
``of an unsuccessful effort to resolve a complaint relating to a Federal 
executive agency'' after ``notification pursuant to section 4322(e)''.
    Subsec. (b). Pub. L. 104-275, Sec. 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, Sec. 311(11)(B)(ii), substituted 
``under section 4322(a)'' for ``regarding a complaint under section 
4322(c)''.
    Subsec. (c)(2). Pub. L. 104-275, Sec. 311(11)(C), inserted ``or the 
Office of Personnel Management'' after ``Federal executive agency'' and 
substituted ``Office to comply'' for ``employee to comply''.


                    Effective Date of 1998 Amendment

    Pub. L. 105-368, title II, Sec. 213(b), Nov. 11, 1998, 112 Stat. 
3332, provided that: ``The amendment made by subsection (a) [amending 
this section] shall apply to complaints 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 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 4322, 4332 of this title; 
title 3 section 416.
