38 U.S.C. § 4315

Reemployment by certain Federal agencies

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(a) The head of each agency referred to in section 2302(a)(2)(C)(ii) of title 5 shall prescribe procedures for ensuring that the rights under this chapter apply to the employees of such agency.(b) In prescribing procedures under subsection (a), the head of an agency referred to in that subsection shall ensure, to the maximum extent practicable, that the procedures of the agency for reemploying persons who serve in the uniformed services provide for the reemployment of such persons in the agency in a manner similar to the manner of reemployment described in section 4313.(c)(1) The procedures prescribed under subsection (a) shall designate an official at the agency who shall determine whether or not the reemployment of a person referred to in subsection (b) by the agency is impossible or unreasonable.(2) Upon making a determination that the reemployment by the agency of a person referred to in subsection (b) is impossible or unreasonable, the official referred to in paragraph (1) shall notify the person and the Director of the Office of Personnel Management of such determination.(3) A determination pursuant to this subsection shall not be subject to judicial review.(4) The head of each agency referred to in subsection (a) shall submit to the Select Committee on Intelligence and the Committee on Veterans’ Affairs of the Senate and the Permanent Select Committee on Intelligence and the Committee on Veterans’ Affairs of the House of Representatives on an annual basis a report on the number of persons whose reemployment with the agency was determined under this subsection to be impossible or unreasonable during the year preceding the report, including the reason for each such determination.(d)(1) Except as provided in this section, nothing in this section, section 4313, or section 4325 shall be construed to exempt any agency referred to in subsection (a) from compliance with any other substantive provision of this chapter.(2) This section may not be construed—(A) 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, alternative employment in the Federal Government under this chapter, or information relating to the rights and obligations of employee and Federal agencies under this chapter; or(B) 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.(e) The Director of the Office of Personnel Management shall ensure the offer of employment to a person in a position in a Federal executive agency on the basis described in subsection (b) if—(1) the person was an employee of an agency referred to in section 2302(a)(2)(C)(ii) of title 5 at the time the person entered the service from which the person seeks reemployment under this section;(2) the appropriate officer of the agency determines under subsection (c) that reemployment of the person by the agency is impossible or unreasonable; and(3) the person submits an application to the Director for an offer of employment under this subsection.(Added Pub. L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3159.)Editorial NotesPrior Provisions

A prior section 4315 was renumbered section 7615 of this title.

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions

Cited in 7 cases, 1999–2016 · leading case: Parkinson v. Dep't of Just., 815 F.3d 757 (Fed. Cir. 2016).

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Parkinson v. Dep't of Just., 815 F.3d 757 (Fed. Cir. 2016). · cites it 4× “Parkinson does not explain the specific USERRA vio- lation herein, and cites only 38 U.S.C. § 4315 . That section, titled “Reemployment By Certain Federal Agen- cies” provides, inter alia, as follows: (a) The head of each agency referred to in section 2302(a)(2)(C)(ii) of title…”

Petty v. Metro. Gov't of Nashville-Davidson Cnty., 538 F.3d 431 (6th Cir. 2008). “” 38 U.S.C. § 4315 (a). Congress did not grant similar discretion to local police departments; therefore, Metro’s return-to-work process as applied to Petty was in violation of USERRA’s reemployment provisions.”

Alford v. Dep't of Def., 407 F. App'x 458 (Fed. Cir. 2011). “See 38 U.S.C. §§ 4315 , 4325. In response, the government argues that the Board correctly determined that it did not have jurisdiction over Mr.”

Dew v. United States, 192 F.3d 366 (2d Cir. 1999). · cites it 2× “Although section 4315 states that except as specified in that section, “nothing [in the act] shall be construed to exempt any [intelligence] agency” from the act’s “substantive” provisions, 38 U.S.C. § 4315 (d)(1), the act does not empower *373 courts to enforce the act’s…”

Harold Arnaldo Hernandez v. Dep't of Just. (MSPB 2016). · cites it 2× “He contends that by denying him an opportunity to contest the alleged discriminatory action, the agency failed to meet its obligations under 38 U.S.C. § 4315 (a), which provides that the head of each agency referred to in 5 U.”

John C. Parkinson v. Dep't of Just. (MSPB 2014). “Employees of the excluded executive agencies, including FBI employees, are covered for USERRA purposes under 38 U.S.C. § 4315 , which provides that agency heads are to prescribe appropriate remedial procedures.”

Petty v. Metro Govt Nashville (6th Cir. 2008). “” 38 U.S.C. § 4315 (a). Congress did not grant similar discretion to local police departments; therefore, Metro’s return-to-work process as applied to Petty was in violation of USERRA’s reemployment provisions.”

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