Page:United States Statutes at Large Volume 108 Part 4.djvu/532

 108 STAT. 3166 PUBLIC LAW 103-353—OCT. 13, 1994 "(4) An action under this chapter may be initiated only by a person claiming rights or benefits under this chapter, not by an employer, prospective employer, or other entity with obligations under this chapter. "(5) In any such action, only an employer or a potential employer, as the case may be, shall be a necessary party respondent. "(6) No State statute of limitations shall apply to any proceeding under this chapter. "(7) A State shall be subject to the same remedies, including prejudgment interest, as may be imposed upon any private employer under this section. "(a)(1) A person who receives from the Secretary a notification pursuant to section 4322(e) of an unsuccessful effort to resolve a complaint relating to a Federal executive agency may request that the Secretary refer the complaint for litigation before the Merit Systems Protection Board. The Secretary shall refer the complaint to the Office of Special Counsel established by section 1211 of title 5. "(2)(A) If the Special Counsel is reasonably satisfied that the person on whose behalf a complaint is referred under paragraph (1) is entitled to the rights or benefits sought, the Special Counsel (upon the request of the person submitting the complaint) may appear on behalf of, and act as attorney for, the person and initiate an action regarding such complaint before the Merit Systems Protection Board. "(B) If the Special Counsel declines to initiate an action and represent a person before the Merit Systems Protection Board under subparagraph (A), the Special Counsel shall notify such person of that decision. "(b) A person may submit a complaint against a Federal executive agency under this subchapter directly to the Merit Systems Protection Board if that person— "(1) has chosen not to apply to the Secretary for assistance regarding a complaint under section 4322(c); "(2) has received a notification from the Secretary under section 4322(e); "(3) has chosen not to be represented before the Board by the Special Counsel pursuant to subsection (a)(2)(A); or "(4) has received a notification of a decision from the Special Counsel under subsection (a)(2)(B). "(c)(1) The Merit Systems Protection Board shall adjudicate any complaint brought before the Board pursuant to subsection (a)(2)(A) or (b). A person who seeks a hearing or adjudication by submitting such a complaint under this paragraph may be represented at such hearing or adjudication in accordance with the rules of the Board. "(2) If the Board determines that a Federal executive agency has not complied with the provisions of this chapter relating to the employment or reemployment of a person by the agency, the Board shall enter an order requiring the agency or employee to comply with such provisions and to compensate such person for any loss of wages or benefits suffered by such person by reason of such lack of compliance.
 * § 4324. Enforcement of rights with respect to Federal executive agencies

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