
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC3330a]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart B--Employment and Retention
 
            CHAPTER 33--EXAMINATION, SELECTION, AND PLACEMENT
 
        SUBCHAPTER I--EXAMINATION, CERTIFICATION, AND APPOINTMENT
 
Sec. 3330a. Preference eligibles; administrative redress

    (a)(1) A preference eligible who alleges that an agency has violated 
such individual's rights under any statute or regulation relating to 
veterans' preference may file a complaint with the Secretary of Labor.
    (2)(A) A complaint under this subsection must be filed within 60 
days after the date of the alleged violation.
    (B) Such complaint shall be in writing, be in such form as the 
Secretary may prescribe, specify the agency against which the complaint 
is filed, and contain a summary of the allegations that form the basis 
for the complaint.
    (3) The Secretary shall, upon request, provide technical assistance 
to a potential complainant with respect to a complaint under this 
subsection.
    (b)(1) The Secretary of Labor shall investigate each complaint under 
subsection (a).
    (2) In carrying out any investigation under this subsection, the 
Secretary's duly authorized representatives shall, at all reasonable 
times, have reasonable access to, for purposes of examination, and the 
right to copy and receive, any documents of any person or agency that 
the Secretary considers relevant to the investigation.
    (3) In carrying out any investigation under this subsection, the 
Secretary may require by subpoena the attendance and testimony of 
witnesses and the production of documents relating to any matter under 
investigation. In case of disobedience of the subpoena or contumacy and 
on request of the Secretary, the Attorney General may apply to any 
district court of the United States in whose jurisdiction such 
disobedience or contumacy occurs for an order enforcing the subpoena.
    (4) Upon application, the district courts of the United States shall 
have jurisdiction to issue writs commanding any person or agency to 
comply with the subpoena of the Secretary or to comply with any order of 
the Secretary made pursuant to a lawful investigation under this 
subsection and the district courts shall have jurisdiction to punish 
failure to obey a subpoena or other lawful order of the Secretary as a 
contempt of court.
    (c)(1)(A) If the Secretary of Labor determines as a result of an 
investigation under subsection (b) that the action alleged in a 
complaint under subsection (a) occurred, the Secretary shall attempt to 
resolve the complaint by making reasonable efforts to ensure that the 
agency specified in the complaint complies with applicable provisions of 
statute or regulation relating to veterans' preference.
    (B) The Secretary of Labor shall make determinations referred to in 
subparagraph (A) based on a preponderance of the evidence.
    (2) If the efforts of the Secretary under subsection (b) with 
respect to a complaint under subsection (a) do not result in the 
resolution of the complaint, the Secretary shall notify the person who 
submitted the complaint, in writing, of the results of the Secretary's 
investigation under subsection (b).
    (d)(1) If the Secretary of Labor is unable to resolve a complaint 
under subsection (a) within 60 days after the date on which it is filed, 
the complainant may elect to appeal the alleged violation to the Merit 
Systems Protection Board in accordance with such procedures as the Merit 
Systems Protection Board shall prescribe, except that in no event may 
any such appeal be brought--
        (A) before the 61st day after the date on which the complaint is 
    filed; or
        (B) later than 15 days after the date on which the complainant 
    receives written notification from the Secretary under subsection 
    (c)(2).

    (2) An appeal under this subsection may not be brought unless--
        (A) the complainant first provides written notification to the 
    Secretary of such complainant's intention to bring such appeal; and
        (B) appropriate evidence of compliance with subparagraph (A) is 
    included (in such form and manner as the Merit Systems Protection 
    Board may prescribe) with the notice of appeal under this 
    subsection.

    (3) Upon receiving notification under paragraph (2)(A), the 
Secretary shall not continue to investigate or further attempt to 
resolve the complaint to which the notification relates.
    (e)(1) This section shall not be construed to prohibit a preference 
eligible from appealing directly to the Merit Systems Protection Board 
from any action which is appealable to the Board under any other law, 
rule, or regulation, in lieu of administrative redress under this 
section.
    (2) A preference eligible may not pursue redress for an alleged 
violation described in subsection (a) under this section at the same 
time the preference eligible pursues redress for such violation under 
any other law, rule, or regulation.

(Added Pub. L. 105-339, Sec. 3(a), Oct. 31, 1998, 112 Stat. 3182.)

                  Section Referred to in Other Sections

    This section is referred to in sections 3330b, 3330c of this title.
