38 U.S.C. § 4324 : US Code - Section 4324: Enforcement of rights with respect to Federal executive agencies

Search 38 U.S.C. § 4324 : US Code - Section 4324: Enforcement of rights with respect to Federal executive agencies

(a)(1) A person who receives from the Secretary a notification
pursuant to section 4322(e) 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 or the Office of Personnel Management under this subchapter
directly to the Merit Systems Protection Board if that person -
(1) has chosen not to apply to the Secretary for assistance
under section 4322(a);
(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), without regard as to whether the complaint accrued before,
on, or after October 13, 1994. 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 or
the Office of Personnel Management 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 Office 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.
(3) Any compensation received by a person pursuant to an order
under paragraph (2) shall be in addition to any other right or
benefit provided for by this chapter and shall not diminish any
such right or benefit.
(4) If the Board determines as a result of a hearing or
adjudication conducted pursuant to a complaint submitted by a
person directly to the Board pursuant to subsection (b) that such
person is entitled to an order referred to in paragraph (2), the
Board may, in its discretion, award such person reasonable attorney
fees, expert witness fees, and other litigation expenses.
(d)(1) A person adversely affected or aggrieved by a final order
or decision of the Merit Systems Protection Board under subsection
(c) may petition the United States Court of Appeals for the Federal
Circuit to review the final order or decision. Such petition and
review shall be in accordance with the procedures set forth in
section 7703 of title 5.
(2) Such person may be represented in the Federal Circuit
proceeding by the Special Counsel unless the person was not
represented by the Special Counsel before the Merit Systems
Protection Board regarding such order or decision.