Browse Arkansas Code titles and sections

38 U.S.C. § 4327 — Noncompliance of Federal officials with deadlines; inapplicability of statutes of limitations

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 4327 — Noncompliance of Federal officials with deadlines; inapplicability of statutes of limitations

**(a) Effect of Noncompliance of Federal Officials With Deadlines.—** (1) The inability of the Secretary, the Attorney General, or the Special Counsel to comply with a deadline applicable to such official under section 4322, 4323, or 4324 of this title— (A) shall not affect the authority of the Attorney General or the Special Counsel to represent and file an action or submit a complaint on behalf of a person under section 4323 or 4324 of this title; (B) shall not affect the right of a person— (i) to commence an action under [section 4323 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4323&num=0&edition=prelim); (ii) to submit a complaint under [section 4324 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4324&num=0&edition=prelim); or (iii) to obtain any type of assistance or relief authorized by this chapter; (C) shall not deprive a Federal court, the Merit Systems Protection Board, or a State court of jurisdiction over an action or complaint filed by the Attorney General, the Special Counsel, or a person under section 4323 or 4324 of this title; and (D) shall not constitute a defense, including a statute of limitations period, that any employer (including a State, a private employer, or a Federal executive agency) or the Office of Personnel Management may raise in an action filed by the Attorney General, the Special Counsel, or a person under section 4323 or 4324 of this title. (2) If the Secretary, the Attorney General, or the Special Counsel is unable to meet a deadline applicable to such official in section 4322(f), 4323(a)(1), 4323(a)(2), 4324(a)(1), or 4324(a)(2)(B) of this title, and the person agrees to an extension of time, the Secretary, the Att

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4327

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: 60f16689337c60d26a8fdfe2d277463b3e08dae17a78429f0611eb00a4f4549f. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_9a4371a3be3b119ac1d8a5e3
Source file: Laws/federal/codes/united-states-code/title-38/section-4327-noncompliance-of-federal-officials-with-deadlines-inapplicability-of-sta--3af859ae78.md
Pages: Not recorded – Not recorded
Passage SHA-256: c89b920e334c56e07a1bab91d3e0dfa7655f2f08b3c0481dca4129528d8d61f3

Source location: Title 38, Chapter 43, § 4327; chapter-043-employment-and-reemployment-rights-of-members-of-the-uniformed-services.md

Stored source content

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 4324 — Enforcement of rights with respect to Federal executive agencies

**(a)** (1) A person who receives from the Secretary a notification pursuant to section 4322(e) may request that the Secretary refer the complaint for litigation before the Merit Systems Protection Board. Not later than 60 days after the date the Secretary receives such a request, the Secretary shall refer the complaint to the Office of Special Counsel established by [section 1211 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1211&num=0&edition=prelim). (2) (A) If the Special Counsel is reasonably satisfied that the person on whose behalf a complaint is referred under paragraph (1) is entitled to the rights or benefits sought, the Special Counsel (upon the request of the person submitting the complaint) may appear on behalf of, and act as attorney for, the person and initiate an action regarding such complaint before the Merit Systems Protection Board. (B) Not later than 60 days after the date the Special Counsel receives a referral under paragraph (1), the Special Counsel shall— (i) make a decision whether to represent a person before the Merit Systems Protection Board under subparagraph (A); and (ii) notify such person in writing of such decision. **(b)** A person may submit a complaint against a Federal executive agency or the Office of Personnel Management under this subchapter directly to the Merit Systems Protection Board if that person— (1) has chosen not to apply to the Secretary for assistance under section 4322(a); (2) has received a notification from the Secretary under section 4322(e); (3) has chosen not to be represented before the Board by the Special Counsel pursuant to subsection (a)(2)(A); or (4) has received a notification of a decision from the Special Counsel under subsection (a)(2)(B) d

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4324

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 4323 — Enforcement of rights with respect to a State or private employer

**(a) Action for Relief.—** (1) A person who receives from the Secretary a notification pursuant to [section 4322(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4322/e&num=0&edition=prelim) of an unsuccessful effort to resolve a complaint relating to a State (as an employer) or a private employer may request that the Secretary refer the complaint to the Attorney General. Not later than 60 days after the Secretary receives such a request with respect to a complaint, the Secretary shall refer the complaint to the Attorney General. If the Attorney General is reasonably satisfied that the person on whose behalf the complaint is referred is entitled to the rights or benefits sought, the Attorney General may appear on behalf of, and act as attorney for, the person on whose behalf the complaint is submitted and commence an action for relief under this chapter for such person. In the case of such an action against a State (as an employer), the action shall be brought in the name of the United States as the plaintiff in the action. (2) Not later than 60 days after the date the Attorney General receives a referral under paragraph (1), the Attorney General shall— (A) make a decision whether to appear on behalf of, and act as attorney for, the person on whose behalf the complaint is submitted; and (B) notify such person in writing of such decision. (3) A person may commence an action for relief with respect to a complaint against a State (as an employer) or a private employer if the person— (A) has chosen not to apply to the Secretary for assistance under [section 4322(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4322/a&num=0&edition=prelim); (B) has chosen not to request

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4323

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 4327 — Noncompliance of Federal officials with

Page 1016 TITLE 38—VETERANS’ BENEFITS § 4327 Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–275 inserted ‘‘have rea- sonable 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 AMENDMENT Amendment by Pub. L. 104–275 effective Oct. 13, 1994, see section 313 of Pub. L. 104–275, set out as a note under section 4301 of this title. EFFECTIVE DATE Section 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. 103–353, set out as a note under section 4301 of this title. § 4327. Noncompliance of Federal officials with deadlines; inapplicability of statutes of limi- tations (a) EFFECT OF NONCOMPLIANCE OF FEDERAL OF- FICIALS WITH DEADLINES.—(1) The inability of the Secretary, the Attorney General, or the Spe- cial Counsel to comply with a deadline applica- ble to such official under section 4322, 4323, or 4324 of this title— (A) shall not affect the authority of the At- torney General or the Special Counsel to rep- resent and file an action or submit a com- plaint on behalf of a person under section 4323 or 4324 of this title; (B) shall not affect the right of a person— (i) to commence an action under section 4323 of this title; (ii) to submit a complaint under section 4324 of this title; or (iii) to obtain any type of assistance or re- lief authorized by this chapter; (C) shall not deprive a Federal court, the Merit Systems Protection Board, or a State court of jurisdiction over an action or com- plaint filed by the Attorney General, the Spe- cial Counsel, or a person under secti

Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 4327

Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.