---
kind: "section"
citation: "38 U.S.C. § 4315"
title: "38"
title_heading: "Veterans’ Benefits"
number: "4315"
heading: "Reemployment by certain Federal agencies"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/4315"
units:
  - "Part III — Readjustment and Related Benefits"
  - "Chapter 43 — Employment and Reemployment Rights of Members of the Uniformed Services"
  - "Subchapter II — Employment and Reemployment Rights and Limitations; Prohibitions"
---

# §4315. Reemployment by certain Federal agencies

- (a) The head of each agency referred to in [section 2302(a)(2)(C)(ii) of title 5](/usc/5/2302.md?p=a-2-C-ii) shall prescribe procedures for ensuring that the rights under this chapter apply to the [employees](/usc/38/4303.md?p=3) of such agency.
- (b) In prescribing procedures under [subsection (a)](#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](/usc/38/4303.md?p=17) 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)](#a) shall designate an official at the agency who shall determine whether or not the reemployment of a person referred to in [subsection (b)](#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)](#b) is impossible or unreasonable, the official referred to in [paragraph (1)](#c-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)](#a) shall submit to the Select Committee on Intelligence and the Committee on [Veterans](/usc/38/3701.md?p=b-2)’ Affairs of the Senate and the Permanent Select Committee on Intelligence and the Committee on [Veterans](/usc/38/3701.md?p=b-2)’ 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](/usc/38/4313.md), or [section 4325](/usc/38/4325.md) shall be construed to exempt any agency referred to in [subsection (a)](#a) from compliance with any other substantive provision of this chapter.
  - (2) This section may not be construed—
    - (A) as prohibiting an [employee](/usc/38/4303.md?p=3) of an agency referred to in [subsection (a)](#a) from seeking information from the [Secretary](/usc/38/4101.md?p=8) regarding assistance in seeking reemployment from the agency under this chapter, alternative employment in the [Federal Government](/usc/38/4303.md?p=6) under this chapter, or information relating to the rights and obligations of [employee](/usc/38/4303.md?p=3) 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](/usc/38/4101.md?p=8) 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](/usc/38/4303.md?p=5) on the basis described in [subsection (b)](#b) if—
  - (1) the person was an [employee](/usc/38/4303.md?p=3) of an agency referred to in [section 2302(a)(2)(C)(ii) of title 5](/usc/5/2302.md?p=a-2-C-ii) 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)](#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.

## Source credit

(Added Pub. L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3159.)

## Notes

### Editorial Notes

### Prior Provisions

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

### 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.