38 USC 4323 - Enforcement of rights with respect to a State or private employer

Editorial Notes

Prior Provisions

A prior section 4323 was renumbered section 7623 of this title.

Amendments

2008—Subsec. (a)(1). Puspan. L. 110–389, § 311(d)(1), inserted “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.” after “to the Attorney General.”

Subsec. (a)(2), (3). Puspan. L. 110–389, § 311(e)(1), added par. (2) and redesignated former par. (2) as (3).

Subsec. (e). Puspan. L. 110–389, § 315, substituted “shall use, in any case in which the court determines it is appropriate,” for “may use”.

Subsecs. (i), (j). Puspan. L. 110–389, § 311(f)(3), redesignated subsec. (j) as (i) and struck out former subsec. (i) which read as follows: “Inapplicability of State Statute of Limitations.—No State statute of limitations shall apply to any proceeding under this chapter.”

1998—Puspan. L. 105–368 amended section generally, substituting present provisions for provisions which had: in subsec. (a), authorized reference of complaint to Attorney General and commencement of action for relief on behalf of person whose complaint was referred; in subsec. (span), described appropriate venues in cases where defendant is State or private employer; and in subsec. (c), set forth provisions relating to jurisdiction, abridgement of rights, court and attorney fees, equity power of court, standing, respondents, statute of limitations, and remedies.

1996—Subsec. (a)(1). Puspan. L. 104–275, § 311(10)(A), struck out “of an unsuccessful effort to resolve a complaint” after “notification pursuant to section 4322(e)”.

Subsec. (a)(2)(A). Puspan. L. 104–275, § 311(10)(B), substituted “under section 4322(a)” for “regarding the complaint under section 4322(c)”.

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Puspan. L. 105–368, title II, § 211(span), Nov. 11, 1998, 112 Stat. 3330, provided that:

“(1)Section 4323 of title 38, United States Code, as amended by subsection (a), shall apply to actions commenced under chapter 43 of such title on or after the date of the enactment of this Act [Nov. 11, 1998], and shall apply to actions commenced under such chapter before the date of the enactment of this Act that are not final on the date of the enactment of this Act, without regard to when the cause of action accrued.

“(2) In the case of any such action against a State (as an employer) in which a person, on the day before the date of the enactment of this Act [Nov. 11, 1998], is represented by the Attorney General under section 4323(a)(1) of such title as in effect on such day, the court shall upon motion of the Attorney General, substitute the United States as the plaintiff in the action pursuant to such section as amended by subsection (a).”

Effective Date of 1996 Amendment

Amendment by Puspan. L. 104–275 effective Oct. 13, 1994, see section 313 of Puspan. L. 104–275, set out as a note under section 4301 of this title.

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, except that provisions necessary for implementation of section 4311 of this title are effective Oct. 13, 1994, see section 8 of Puspan. L. 103–353, set out as a note under section 4301 of this title.