--- kind: "section" citation: "5 U.S.C. § 3330a" title: "5" title_heading: "Government Organization and Employees" number: "3330a" heading: "Preference eligibles; administrative redress" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/5/3330a" units: - "Part III — Employees" - "Subpart B — Employment and Retention" - "Chapter 33 — Examination, Selection, and Placement" - "Subchapter I — Examination, Certification, and Appointment" --- # §3330a. Preference eligibles; administrative redress - (a) - (1) - (A) A preference [eligible](/usc/5/4701.md?p=a-3) who alleges that an [agency](/usc/5/3132.md?p=a-1) has violated such individual’s rights under any statute or regulation relating to veterans’ preference may file a complaint with the [Secretary](/usc/5/9901.md?p=2) of Labor. - (B) A veteran described in [section 3304(l)(1)](/usc/5/3304.md?p=l-1) who alleges that an [agency](/usc/5/3132.md?p=a-1) has violated such section with respect to such veteran may file a complaint with the [Secretary](/usc/5/9901.md?p=2) 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](/usc/5/9901.md?p=2) may prescribe, specify the [agency](/usc/5/3132.md?p=a-1) against which the complaint is filed, and contain a summary of the allegations that form the basis for the complaint. - (3) The [Secretary](/usc/5/9901.md?p=2) shall, upon request, provide technical assistance to a potential complainant with respect to a complaint under this subsection. - (b) - (1) The [Secretary](/usc/5/9901.md?p=2) of Labor shall investigate each complaint under [subsection (a)](#a). - (2) In carrying out any investigation under this subsection, the [Secretary](/usc/5/9901.md?p=2)’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](/usc/5/7103.md?p=a-1) or [agency](/usc/5/3132.md?p=a-1) that the [Secretary](/usc/5/9901.md?p=2) considers relevant to the investigation. - (3) In carrying out any investigation under this subsection, the [Secretary](/usc/5/9901.md?p=2) 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](/usc/5/9901.md?p=2), the Attorney General may apply to any district [court](/usc/5/8401.md?p=7) of the [United States](/usc/5/7103.md?p=a-18) in whose jurisdiction such disobedience or contumacy occurs for an order enforcing the subpoena. - (4) Upon application, the district [courts](/usc/5/8401.md?p=7) of the [United States](/usc/5/7103.md?p=a-18) shall have jurisdiction to issue writs commanding any [person](/usc/5/7103.md?p=a-1) or [agency](/usc/5/3132.md?p=a-1) to comply with the subpoena of the [Secretary](/usc/5/9901.md?p=2) or to comply with any order of the [Secretary](/usc/5/9901.md?p=2) made pursuant to a lawful investigation under this subsection and the district [courts](/usc/5/8401.md?p=7) shall have jurisdiction to punish failure to obey a subpoena or other lawful order of the [Secretary](/usc/5/9901.md?p=2) as a contempt of [court](/usc/5/8401.md?p=7). - (c) - (1) - (A) If the [Secretary](/usc/5/9901.md?p=2) of Labor determines as a result of an investigation under [subsection (b)](#b) that the action alleged in a complaint under [subsection (a)](#a) occurred, the [Secretary](/usc/5/9901.md?p=2) shall attempt to resolve the complaint by making reasonable efforts to ensure that the [agency](/usc/5/3132.md?p=a-1) specified in the complaint complies with applicable provisions of statute or regulation relating to veterans’ preference. - (B) The [Secretary](/usc/5/9901.md?p=2) of Labor shall make determinations referred to in [subparagraph (A)](#c-1-A) based on a preponderance of the evidence. - (2) If the efforts of the [Secretary](/usc/5/9901.md?p=2) under [subsection (b)](#b) with respect to a complaint under [subsection (a)](#a) do not result in the resolution of the complaint, the [Secretary](/usc/5/9901.md?p=2) shall notify the [person](/usc/5/7103.md?p=a-1) who submitted the complaint, in writing, of the results of the [Secretary](/usc/5/9901.md?p=2)’s investigation under [subsection (b)](#b). - (d) - (1) If the [Secretary](/usc/5/9901.md?p=2) of Labor is unable to resolve a complaint under [subsection (a)](#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](/usc/5/8401.md?p=29) Protection [Board](/usc/5/8401.md?p=5) in accordance with such procedures as the Merit [Systems](/usc/5/8401.md?p=29) Protection [Board](/usc/5/8401.md?p=5) 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](/usc/5/9901.md?p=2) under [subsection (c)(2)](#c-2). - (2) An appeal under this subsection may not be brought unless— - (A) the complainant first provides written notification to the [Secretary](/usc/5/9901.md?p=2) of such complainant’s intention to bring such appeal; and - (B) appropriate evidence of compliance with [subparagraph (A)](#d-2-A) is included (in such form and manner as the Merit [Systems](/usc/5/8401.md?p=29) Protection [Board](/usc/5/8401.md?p=5) may prescribe) with the notice of appeal under this subsection. - (3) Upon receiving notification under [paragraph (2)(A)](#d-2-A), the [Secretary](/usc/5/9901.md?p=2) 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](/usc/5/4701.md?p=a-3) from appealing directly to the Merit [Systems](/usc/5/8401.md?p=29) Protection [Board](/usc/5/8401.md?p=5) from any action which is appealable to the [Board](/usc/5/8401.md?p=5) under any other law, rule, or regulation, in lieu of administrative redress under this section. - (2) A preference [eligible](/usc/5/4701.md?p=a-3) may not pursue redress for an alleged violation described in [subsection (a)](#a) under this section at the same time the preference [eligible](/usc/5/4701.md?p=a-3) pursues redress for such violation under any other law, rule, or regulation. ## Source credit (Added Pub. L. 105–339, § 3(a), Oct. 31, 1998, 112 Stat. 3182; amended Pub. L. 108–454, title VIII, § 804(a), Dec. 10, 2004, 118 Stat. 3626; Pub. L. 118–188, § 2(a)(2)(A)(i)(II), Dec. 23, 2024, 138 Stat. 2645.) ## Notes ### 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).