Page:United States Statutes at Large Volume 112 Part 5.djvu/426
112 STAT. 3184 PUBLIC LAW 105-339—OCT. 31, 1998 "(A) the complainant first provides written notification to the Secretary of such complaingmt'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 pref- erence 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. ^§ 3330b. Preference eligibles; judicial redress Deadline. "(a) In lieu of continuing the administrative redress procedure provided under section 3330a(d), a preference eligible may elect, in accordance with this section, to terminate those administrative proceedings and file an action with the appropriate United States district court not later than 60 days sifter the date of the election. "(b) An election under this section may not be made— "(1) before the 121st day after the date on which the appeal is filed with the Merit Systems Protection Board under section 3330a(d); or "(2) after the Merit Systems Protection Board has issued a judicisilly reviewable decision on the merits of the appeal. Regulations. "(c) An election under this section shall be made, in writing, in such form and manner as the Merit Systems Protection Board Effective date. shall by regulation prescribe. The election shall be effective as of the oate on which it is received, and the administrative proceeding to which it relates shall terminate immediately upon the receipt of such election. "§ 3330c. Preference eligibles; remedy "(a) If the Merit Systems Protection Board (in a proceeding under section 3330a) or a court (in a proceeding under section 3330b) determines that an agency has violated a right described in section 3330a, the Board or court (as the case may be) shall order the agency to comply with such provisions and award compensation for any loss of wages or benefits suffered by the individual by reason of the violation involved. If the Board or court determines that such violation was willful, it shall award an amount equal to backpay as liquidated damages. "(b) A preference eligible who prevails in an action under section 3330a or 3330b shall be awarded reasonable attorney fees, expert witness fees, and other litigation expenses.". (b) CLERICAL AMENDMENT.— The table of sections at the beginning of chapter 33 of title 5, United States Code, is amended by adding after the item relating to section 3330 the following: "3330a. Preference eligibles; administrative redress. "3330b. Preference eligibles; judicial redress. "3330c. Preference eligibles; remedy.".