
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: 38USC4326]

 
                      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. 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 interview 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 relevant to the investigation.
    (b) In carrying out any investigation under this chapter, the 
Secretary may require by subpoena the attendance and testimony of 
witnesses 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 General may apply to any 
district court of the United States in whose jurisdiction such 
disobedience or contumacy occurs for an order enforcing 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 jurisdiction to punish failure to 
obey a subpoena or other lawful order of the Secretary as a contempt 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, Sec. 2(a), Oct. 13, 1994, 108 Stat. 3167; 
amended Pub. L. 104-275, title III, Sec. 311(13), Oct. 9, 1996, 110 
Stat. 3336.)


                               Amendments

    1996--Subsec. (a). Pub. L. 104-275 inserted ``have reasonable access 
to and the right to interview persons with information relevant to the 
investigation and shall'' after ``at all reasonable times,''.


                    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 section 4305 of this title, as set 
out in a note preceding subchapter I of this chapter, as of that date, 
see section 8(e) of Pub. L. 103-353, set out as a note under section 
4301 of this title.
