Notes on 38 U.S.C. § 4323 : US Code - Notes

Search Notes on 38 U.S.C. § 4323 : US Code - Notes

(Added Pub. L. 103-353, Sec. 2(a), Oct. 13, 1994, 108 Stat. 3165;
amended Pub. L. 104-275, title III, Sec. 311(10), Oct. 9, 1996, 110
Stat. 3335; Pub. L. 105-368, title II, Sec. 211(a), Nov. 11, 1998,
112 Stat. 3329.)
PRIOR PROVISIONS
A prior section 4323 was renumbered section 7623 of this title.
AMENDMENTS
1998 - Pub. 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. (b), 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). Pub. L. 104-275, Sec. 311(10)(A), struck
out "of an unsuccessful effort to resolve a complaint" after
"notification pursuant to section 4322(e)".
Subsec. (a)(2)(A). Pub. L. 104-275, Sec. 311(10)(B), substituted
"under section 4322(a)" for "regarding the complaint under section
4322(c)".
EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105-368, title II, Sec. 211(b), 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 Pub. L. 104-275 effective Oct. 13, 1994, see section
313 of Pub. 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 Pub. L. 103-353, set out as a note under
section 4301 of this title.