Page:United States Statutes at Large Volume 112 Part 5.djvu/425

 PUBLIC LAW 105-339—OCT. 31, 1998 112 STAT. 3183 "(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 Courts. 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 Notification. 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 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—

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