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U.S. Code as of:
01/19/04
Section 4315. Reemployment by certain Federal agencies
(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.
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