12 2 STA T .4 1 6 4 PUBLIC LA W 11 0–389—O CT. 10 , 2008 At t orneyG ener al, t h e Sp e ci al C o u n s el, or a person un d er sec - tion 432 3or4324o f this title .‘ ‘ ( 2 )I f the Secretary, the Attorney General, or the Special Counsel is una b le to m eet 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 a g reestoane x tension of time, the Secretary, the Attorney General, or the Special Counsel, as the case may be, shall complete the re q uired action w ithin the addi- tional period of time agreed to by the person. ‘‘(b) I NAP P LIC A B ILI TYOF STAT U T ES OF L I M ITATIONS. — If any per- son see k s to file a complaint or claim with the Secretary, the M erit Systems P rotection Board, or a F ederal or State court under this chapter alleging a v iolation of this chapter, there shall be no limit on the period for filing the complaint or claim. ’ ’. (2) CLE R ICAL AMEN D MENT.— T he table of sections at the beginning of chapter 43 is amended by inserting after the item relating to section 432 6 the following new item
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‘ 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. ’ ’. (3) CONFORMIN G AMENDMENT.—Section 4323 is further amended— (A) by striking subsection (i)
and (B) by redesignating subsection ( j ) as subsection (i). SEC.312 . MODIF IC AT IO N AND E XP ANSION OF R EPORTIN G RE QU IRE - MENTS W IT H RESPECT TO ENFORCEMENT OF USERRA. (a) D ATE OF ANNUAL R EPORTS.—Section 4332 is amended by striking ‘‘and no later than February 1, 2 0 0 5 ’’ and all that follows through the ‘‘such February 1:’’ and inserting ‘‘, transmit to Con- gress not later than J uly 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 follows:’’. (b) MODIFICATION OF ANNUAL REPORTS BY SECRETARY.—Such section is further amended— (1) by striking ‘‘The Secretary shall’’ and inserting ‘‘(a) ANNUAL REPORT BY SECRETARY.—The Secretary shall’’; (2) in paragraph (3), by inserting before the period at the end the following: ‘‘and the number of actions initiated by the O ffice of Special Counsel before the Merit Systems Protection Board pursuant to section 4324 during such fiscal year’’; (3) by redesignating paragraphs (6) and ( 7 ) as paragraphs ( 9 ) and (10), respectively; (4) by inserting after paragraph (5) the following new para- graph ( 8 ): ‘‘(8) W ith respect to the cases reported on pursuant to paragraphs (1), (2), (3), (4), and (5) the number of such cases that involve persons with different occupations or persons seeking different occupations, as designated by the Standard Occupational Classification System.’’. (5) by redesignating paragraph (5) as paragraph (7); (6) by inserting after paragraph (4) the following new para- graphs (5) and (6): ‘‘(5) The number of cases reviewed by the Secretary and the Secretary of Defense through the N ational Committee for E mployer Support of the Guard and Reserve of the Department of Defense that involve the same person. 38USC4 3 2 3 .
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