§4331 — Title 38 Veterans' Benefits | U.S. Code

Summary

The Secretary, after talking with the Secretary of Defense, may make rules to apply this chapter to States, local governments, and private employers. The Director of the Office of Personnel Management, after talking with those Secretaries, may make rules for Federal executive agencies; those rules should follow the State and private-employer rules but may give federal employees extra rights. The Merit Systems Protection Board, the Office of Special Counsel, and the agencies listed in 5 U.S.C. 2302(a)(2)(C)(ii) may make rules to carry out their own duties under this chapter.

Title 38, §4331

Veterans' Benefits — Source: USLM XML via OLRC

(a)The Secretary (in consultation with the Secretary of Defense) may prescribe regulations implementing the provisions of this chapter with regard to the application of this chapter to States, local governments, and private employers.

(b)(1)The Director of the Office of Personnel Management (in consultation with the Secretary and the Secretary of Defense) may prescribe regulations implementing the provisions of this chapter with regard to the application of this chapter to Federal executive agencies (other than the agencies referred to in paragraph (2)) as employers. Such regulations shall be consistent with the regulations pertaining to the States as employers and private employers, except that employees of the Federal Government may be given greater or additional rights.

(2)The following entities may prescribe regulations to carry out the activities of such entities under this chapter:

(A)The Merit Systems Protection Board.

(B)The Office of Special Counsel.

(C)The agencies referred to in section 2302(a)(2)(C)(ii) of title 5.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 4331 was renumbered section 7631 of this title.

Amendments

2006—Subsec. (b)(2)(C). Pub. L. 109–233 substituted “section 2302(a)(2)(C)(ii)” for “section 2303(a)(2)(C)(ii)”.

Statutory Notes and Related Subsidiaries

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, see section 8 of Pub. L. 103–353, set out as a note under section 4301 of this title.

§4331 Regulations