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2026-07-06 10:51:44 -04:00

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LegalText 38 U.S.C. § 4326 Conduct of investigation; subpoenas us united_states_code code_section 38 VETERANS BENEFITS 43 EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES 4326 38 U.S.C. § 4326 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc38@119-100.zip /us/usc/t38/s4326 data/legal/raw/us/code/title-38/usc38.xml 9356c8d802364b092138e1c9d71c0bb82e2fa9cf2bd136c66c50808ea94efa49 372998691b72ade88787dfa7633dbda4954bd1b037ec7926c5e06e9b1d17fc66 27f5199d778e019c0e42023586a37ab762a165067dcf934fedaba72a6fa9a5ab 2026-07-04 official
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38 U.S.C. § 4326 - Conduct of investigation; subpoenas

Text

(a) In carrying out any investigation under this chapter, the Secretarys duly authorized representatives shall, at all reasonable times, have reasonable access to and the right to interview persons with information relevant to the investigation and shall have reasonable access to, for purposes of examination, and the right to copy and receive, any documents of any person or employer that the Secretary considers relevant to the investigation.

(b) In carrying out any investigation under this chapter, the Secretary may require by subpoena the attendance and testimony of witnesses and the production of documents relating to any matter under investigation. In case of disobedience of the subpoena or contumacy and on request of the Secretary, the Attorney General may apply to any district court of the United States in whose jurisdiction such disobedience or contumacy occurs for an order enforcing the subpoena.

(c) Upon application, the district courts of the United States shall have jurisdiction to issue writs commanding any person or employer to comply with the subpoena of the Secretary or to comply with any order of the Secretary made pursuant to a lawful investigation under this chapter and the district courts shall have jurisdiction to punish failure to obey a subpoena or other lawful order of the Secretary as a contempt of court.

(d) Subsections (b) and (c) shall not apply to the legislative branch or the judicial branch of the United States.

(Added Pub. L. 103353, § 2(a), Oct. 13, 1994, 108 Stat. 3167; amended Pub. L. 104275, title III, § 311(13), Oct. 9, 1996, 110 Stat. 3336.)

Notes

Editorial Notes

Amendments1996—Subsec. (a). Pub. L. 104275 inserted “have reasonable access to and the right to interview persons with information relevant to the investigation and shall” after “at all reasonable times,”.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 AmendmentAmendment by Pub. L. 104275 effective Oct. 13, 1994, see section 313 of Pub. L. 104275, set out as a note under section 4301 of this title.

Effective DateSection effective Oct. 13, 1994, and applicable to any matter pending with Secretary of Labor under former section 4305 of this title as of that date, see section 8(e) of Pub. L. 103353, set out as a note under section 4301 of this title.