38 U.S.C. § 4331 — Regulations

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 section 4323 or 4324 of this title; and (D) shall not constitute a defense, including a statute of limitations period, that any em- ployer (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 Attorney General, or the Special Counsel, as the case may be, shall complete the required action within the addi- tional period of time agreed to by the person. (b) INAPPLICABILITY OF STATUTES OF LIMITA- TIONS.—If any person seeks to file a complaint or claim with the Secretary, the Merit Systems Protection Board, or a Federal or State court under this chapter alleging a violation of this chapter, there shall be no limit on the period for filing the complaint or claim. (Added Pub. L. 110–389, title III, § 311(f)(1), Oct. 10, 2008, 122 Stat. 4163.) SUBCHAPTER IV—MISCELLANEOUS PROVISIONS § 4331. Regulations (a) The Secretary (in consultation with the Secretary of Defense) may prescribe regulations implementing the provisions of this chapter with regard to the application of this chapter to States, local governments, and private employ- ers. (b)(1) The Director of the Office of Personnel Management (in consultation with the Sec- retary and the Secretary of Defense) may pre- scribe regulations implementing the provisions of this chapter with regard to the application of this chapter to Federal executive agencies (other than the agencies referred to in para- graph (2)) as employers. Such regulations shall be consistent with the regulations pertaining to the States as employers and private employers, except that employees of the Federal Govern- ment may be given greater or additional rights. (2) The following entities may prescribe regu- lations to carry out the activities of such enti- ties under this chapter: (A) The Merit Systems Protection Board. (B) The Office of Special Counsel. (C) The agencies referred to in section 2302(a)(2)(C)(ii) of title 5. (Added Pub. L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3168; amended Pub. L. 109–233, title V, § 503(14), June 15, 2006, 120 Stat. 417.) Editorial Notes PRIOR PROVISIONS A prior section 4331 was renumbered section 7631 of this title. AMENDMENTS 2006—Subsec. (b)(2)(C). Pub. L. 109–233 substituted ‘‘section 2302(a)(2)(C)(ii)’’ for ‘‘section 2303(a)(2)(C)(ii)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective with respect to reemployments ini- tiated on or after the first day after the 60-day period beginning Oct. 13, 1994, with transition rules, see sec- tion 8 of Pub. L. 103–353, set out as a note under section 4301 of this title. § 4332. Reports (a) ANNUAL REPORT BY SECRETARY.—The Sec- retary shall, after consultation with the Attor- ney General and the Special Counsel referred to in section 4324(a)(1), transmit to Congress not later than July 1 each year a report on matters for the fiscal year ending in the year before the year in which such report is transmitted as fol- lows: (1) The number of cases reviewed by the De- partment of Labor under this chapter during the fiscal year for which the report is made. (2) The number of cases reviewed by the Sec- retary of Defense under the National Com-