Page:United States Statutes at Large Volume 108 Part 4.djvu/530

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108 STAT. 3164 PUBLIC LAW 103-353—OCT. 13, 1994 " SUBCHAPTER III—PROCEDURES FOR ASSISTANCE, ENFORCEMENT, AND INVESTIGATION '^§4321. Assistance in obtaining reemployment or other employment rights or bene^ts "The Secretary (through the Veterans' Employment and Training Service) shall provide assistance to any person with respect to the employment and reemployment rights and benefits to which such person is entitled under this chapter. In providing such assistance, the Secretary may request the assistance of existing Federal and State agencies engaged in similar or related activities and utilize the assistance of volunteers. "§ 4322. Enforcement of employment or reemployment rights "(a) A person who claims that— "(1) such person is entitled under this chapter to employ- ment or reemployment rights or benefits with respect to employ- ment by an employer; and "(2)(A) such employer has failed or refused, or is about to fail or refuse, to comply with the provisions of this chapter; or "(B) in the case that the employer is a Federal executive agency, such employer or the Office of Personnel Management has failed or refused, or is about to fail or refuse, to comply with the provisions of this chapter, may file a complaint with the Secretary in accordance with subsection (b), and the Secretary shall investigate such complaint. "(b) Such complaint shall be in writing, be in such form as the Secretary may prescribe, include the name and address of the employer against whom the complaint is filed, and contain a summary of the allegations that form the basis for the complaint. "(c) The Secretary shall, upon request, provide technical assistance to a potential claimant with respect to a complaint under this subsection, and when appropriate, to such claimant's employer. "(d) The Secretary shall investigate each complaint submitted pursuant to subsection (a). If the Secretary determines as a result of the investigation that the action alleged in such complaint occurred, the Secretary shall resolve the complaint by making reasonable efforts to ensure that the person or entity named in the complaint complies with the provisions of this chapter. "(e) If the efforts of the Secretary with respect to a complaint under subsection (d) are unsuccessful, the Secretary shall notify the person who submitted the complaint of— "(1) the results of the Secretary's investigation; and "(2) the complainant's entitlement to proceed under the enforcement of rights provisions provided under section 4323 (in the case of a person submitting a complaint against a State or private employer) or section 4324 (in the case of a person submitting a complaint against a Federal executive agency). "(f) This subchapter does not apply to any action relating to benefits to be provided under the Thrift Savings Plan under title 5.