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Title 38 — Veterans' BenefitsRelease 119-73not60

§4325 Enforcement of Rights with Respect to Certain Federal Agencies

Title 38 › 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 › § 4325

Last updated Apr 5, 2026|Official source

Summary

If someone thinks an agency did not follow the rehire rules in section 4315 or wrongly refused to rehire them, they can file a claim with that agency’s inspector general. The inspector general must investigate and try to resolve the claim using procedures set by the agency head. The agency head must make those procedures similar, as much as possible, to the Secretary’s complaint procedures under section 4322(d). The law does not stop an employee from asking the Secretary for help, or stop the agency from asking the Secretary or the Director of the Office of Personnel Management for help or clarification.

Full Legal Text

Title 38, §4325

Veterans' Benefits — Source: USLM XML via OLRC

(a)This section applies to any person who alleges that—
(1)the reemployment of such person by an agency referred to in subsection (a) of section 4315 was not in accordance with procedures for the reemployment of such person under subsection (b) of such section; or
(2)the failure of such agency to reemploy the person under such section was otherwise wrongful.
(b)Any person referred to in subsection (a) may submit a claim relating to an allegation referred to in that subsection to the inspector general of the agency which is the subject of the allegation. The inspector general shall investigate and resolve the allegation pursuant to procedures prescribed by the head of the agency.
(c)In prescribing procedures for the investigation and resolution of allegations under subsection (b), the head of an agency shall ensure, to the maximum extent practicable, that the procedures are similar to the procedures for investigating and resolving complaints utilized by the Secretary under section 4322(d).
(d)This section may not be construed—
(1)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 or information relating to the rights and obligations of employees and Federal agencies under this chapter; or
(2)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 4325 was renumbered section 7625 of this title.

Amendments

1996—Subsec. (d)(1). Pub. L. 104–275 struck out “, alternative employment in the Federal Government under this chapter,” before “or information relating to the rights and obligations” and substituted “employees and” for “employee and”.

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 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.

Reference

Citations & Metadata

Citation

38 U.S.C. § 4325

Title 38 — Veterans' Benefits

Last Updated

Apr 5, 2026

Release point: 119-73not60