Title 5Government Organization and EmployeesRelease 119-73

§3330a Preference eligibles; administrative redress

Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart B— - Employment and Retention › Chapter CHAPTER 33— - EXAMINATION, SELECTION, AND PLACEMENT › Subchapter SUBCHAPTER I— - EXAMINATION, CERTIFICATION, AND APPOINTMENT › § 3330a

Last updated Apr 6, 2026|Official source

Summary

A preference eligible or a veteran covered by section 3304(l)(1) who believes a federal agency broke veterans’ preference rules can file a written complaint with the Secretary of Labor. The complaint must be filed within 60 days of the problem, use the Secretary’s form, name the agency, and briefly explain what happened. The Secretary will offer technical help if asked. The Secretary must investigate. The Secretary can look at and copy documents, use subpoenas to get witnesses or papers, and ask courts to enforce subpoenas. If the Secretary finds the complaint is valid, they will try to make the agency fix the problem. If the complaint is not resolved, the Secretary will send written notice. If the Secretary cannot resolve it within 60 days, the complainant may appeal to the Merit Systems Protection Board, but not before day 61 and no later than 15 days after getting the Secretary’s written notice. The complainant must first tell the Secretary in writing of the intent to appeal and include proof with the appeal. Once the complainant gives that notice, the Secretary stops working on the case. A person may instead go straight to the Board under other laws, but cannot use this process and another remedy at the same time.

Full Legal Text

Title 5, §3330a

Government Organization and Employees — Source: USLM XML via OLRC

(a)(1)(A)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.
(B)A veteran described in section 3304(l)(1) who alleges that an agency has violated such section with respect to such veteran 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2024—Subsec. (a)(1)(B). Pub. L. 118–188 substituted “3304(l)(1)” for “3304(f)(1)”. 2004—Subsec. (a)(1). Pub. L. 108–454 designated existing provisions as subpar. (A) and added subpar. (B).

Reference

Citations & Metadata

Citation

5 U.S.C. § 3330a

Title 5Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73