12 2 STA T .4 1 63PUBLIC LA W 11 0– 3 89—O CT. 10 , 2008 (2)EXPEDIT I ON O FR EFERR ALS TO SPE C IAL CO U NSEL .—Sec-tion43 24( a )( 1 )i s a m en d ed by st r i k in g‘ ‘ Th e Secretary sha l l re f er ’ ’ and inserting ‘‘ N ot later than 60 days after the date the Secretary recei v ess u chare q uest , the Secretary shall refer’’. (e) NOTIFICATION OF R EPRESENTATION.— (1) NOTIFICATION BY ATTORNEY G ENERAL.—Section 4323(a) is further amended— ( A ) by redesignating p aragraph (2) as paragraph (3)
and ( B ) by inserting after paragraph (1) the follo w ing new paragraph (2)
‘‘(2) Not later than 60 days after the date the Attorney G eneral 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.’’. (2) NOTIFICATION BY SPECIAL COUNSEL.—Subparagraph (B) of section 4324(a)(2) is amended to read as follows: ‘‘(B) Not later than 60 days after the date the Special C ounsel receives a referral under paragraph (1), the Special Counsel shall— ‘‘(i) make a decision whether to represent a person before the M erit Systems P rotection Board under subparagraph (A); and ‘‘(ii) notify such person in writing of such decision.’’. (f) D EADLINES, STATUTES OF L I M ITATIONS, AND RELATED MAT- TERS.— (1) I N GENERAL.—Subchapter III of chapter 43 is amended by adding at the end the following new section: ‘ ‘ §4327.Nonc o mplia nc e o fF e d e r al official sw i th deadlines
inapplica b ilit y of stat u tes of limitations ‘‘(a) EFFECT OF NONCOMPLIANCE OF F EDERAL O FFICIALS W IT H DEADLINES.—(1) The inability of the Secretary, the Attorney Gen- eral, 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 author- i z ed by this chapter; ‘‘(C) shall not deprive a Federal court, the Merit Systems Protection Board, or a State court of j urisdiction 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 e x ecutive agency) or the Office of Personnel Management may raise in an action filed by the 38USC4 3 2 4 .
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