§ 4325. Enforcement of rights with respect to certain Federal agencies

425 words·~2 min read·/usc/title-38/section-4325

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(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.

(Added Pub. L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3167; amended Pub. L. 104–275, title III, § 311(12), Oct. 9, 1996, 110 Stat. 3336.)

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U.S. Code