Title 38 — Veterans' BenefitsRelease 119-73

§4327 Noncompliance of Federal officials with deadlines; inapplicability of statutes of limitations

Title 38 › Part PART III— - READJUSTMENT AND RELATED BENEFITS › Chapter CHAPTER 43— - EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES › Subchapter SUBCHAPTER III— - PROCEDURES FOR ASSISTANCE, ENFORCEMENT, AND INVESTIGATION › § 4327

Last updated Apr 6, 2026|Official source

Summary

If the Secretary, the Attorney General, or the Special Counsel misses a deadline under 4322, 4323, or 4324, that does not stop the Attorney General or Special Counsel from filing a lawsuit or complaint for someone under 4323 or 4324. It also does not take away a person’s right to start a case under 4323, file a complaint under 4324, or get any help or relief allowed by this chapter. Federal courts, the Merit Systems Protection Board, and state courts still can hear those cases. Employers or the Office of Personnel Management cannot use the missed deadline or time limits (statute of limitations) as a defense. If those officials cannot meet a deadline in 4322(f), 4323(a)(1), 4323(a)(2), 4324(a)(1), or 4324(a)(2)(B) and the person agrees to give more time, the official must finish the required action within the extra time. There is no time limit for filing a complaint or claim with the Secretary, the Merit Systems Protection Board, or a federal or state court under this chapter.

Full Legal Text

Title 38, §4327

Veterans' Benefits — Source: USLM XML via OLRC

(a)(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)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.

Reference

Citations & Metadata

Citation

38 U.S.C. § 4327

Title 38 — Veterans' Benefits

Last Updated

Apr 6, 2026

Release point: 119-73