38 USC 4327 - Noncompliance of Federal officials with deadlines; inapplicability of statutes of limitations

U.S Code last checked for updates: Nov 22, 2024

§ 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;

(ii)

to submit a complaint under section 4324 of this title; 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 Attorney General, or the Special Counsel, as the case may be, shall complete the required action within the additional period of time agreed to by the person.

(b)

Inapplicability of Statutes of Limitations.—

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.)

cite as: 38 USC 4327