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Title 38 — Veterans' BenefitsRelease 119-73

§4326 Conduct of investigation; subpoenas

Title 38 › Part PART III— - READJUSTMENT AND RELATED BENEFITS › Chapter CHAPTER 43— - EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES › Subchapter SUBCHAPTER III— - PROCEDURES FOR ASSISTANCE, ENFORCEMENT, AND INVESTIGATION › § 4326

Last updated Apr 6, 2026|Official source

Summary

When investigating under this chapter, the Secretary’s authorized representatives may, at reasonable times, talk with people who have relevant information and look at, copy, and get documents from any person or employer the Secretary thinks are relevant. The Secretary can subpoena witnesses and documents. If someone refuses, the Attorney General can ask a U.S. district court to enforce the subpoena. District courts can order compliance and punish refusals as contempt of court. Those subpoena and enforcement rules do not apply to the legislative or judicial branches of the United States.

Full Legal Text

Title 38, §4326

Veterans' Benefits — Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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,”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment 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 former section 4305 of this title as of that date, see section 8(e) of Pub. L. 103–353, set out as a note under section 4301 of this title.

Reference

Citations & Metadata

Citation

38 U.S.C. § 4326

Title 38 — Veterans' Benefits

Last Updated

Apr 6, 2026

Release point: 119-73