Page:United States Statutes at Large Volume 112 Part 5.djvu/572

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112 STAT. 3330 PUBLIC LAW 105-368—NOV. 11, 1998 "(B) The court may require the employer to compensate the person for any loss of wages or benefits suffered by reason of such employer's failure to comply with the provisions of this chapter. "(C) The court may require the employer to pay the person an amount equal to the amount referred to in subparagraph (B) as liquidated damages, if the court determines that the employer's failure to comply with the provisions of this chapter was willful. "(2)(A) Any compensation awarded under subparagraph (B) or (C) of paragraph (1) shall be in addition to, and shall not diminish, any of the other rights and benefits provided for under this chapter. "(B) In the case of an action commenced in the name of the United States for which the relief includes compensation awarded under subparagraph (B) or (C) of paragraph (1), such compensation shall be held in a special deposit account and shall be paid, on order of the Attorney General, directly to the person. If the compensation is not paid to the person because of inability to do so within a period of 3 years, the compensation shall be covered into the Treasury of the United States as miscellaneous receipts. "(3) A State shall be subject to the same remedies, including prejudgment interest, as may be imposed upon any private employer under this section. "(e) EQUITY POWERS. —The court may use its full equity powers, including temporary or permanent injunctions, temporary restraining orders, and contempt orders, to vindicate fully the rights or benefits of persons under this chapter. "(f) STANDING.—An action under this chapter may be initiated only by a person claiming rights or benefits under this chapter under subsection (a) or by the United States under subsection (a)(1). "(g) RESPONDENT. —In any action under this chapter, only an employer or a potential employer, as the case may be, shall be a necessary party respondent. "(h) FEES, COURT COSTS.— (1) No fees or court costs may be charged or taxed against any person claiming rights under this chapter. "(2) In any action or proceeding to enforce a provision of this chapter by a person under subsection (a)(2) who obtained private counsel for such action or proceeding, the court may award any such person who prevails in such action or proceeding reasonable attorney fees, expert witness fees, and other litigation expenses. " (i) INAPPLICABILITY OF STATE STATUTE OF LIMITATIONS.— No State statute of limitations shall apply to any proceeding under this chapter. "(j) DEFINITION.— In this section, the term 'private employer' includes a political subdivision of a State.". 38 USC 4323 (b) EFFECTIVE DATE. —(1) Section 4323 of title 38, United States ^ote- Code, as amended by subsection (a), shall apply to actions commenced under chapter 43 of such title on or sifter the date of the enactment of this Act, 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, is represented by the Attorney General