‘‘(2) Such complaint shall be in writing, be in such
form as the Secretary may prescribe, include the name and
address of the employer against whom the complaint is
filed, and contain a summary of the allegations that form
the basis for the complaint.
‘‘(3) Before the receipt of a written complaint, the Sec-
retary shall, upon request, provide technical assistance to
the potential claimant and, if the Secretary determines it
appropriate, to such claimant’s employer.
‘‘(c)(1)(A) Except as provided in paragraph (2), if the
Secretary, after investigation, is reasonably satisfied that
the employer has failed to comply with the provisions of
this chapter, if efforts to obtain voluntary compliance are
not successful, and if the claimant requests in writing that
the claim be referred for litigation, the Secretary shall refer
the case to the Attorney General. If the Attorney General
is reasonably satisfied that the person requesting represen-
tation is entitled to the rights or benefits sought, the Attor-
ney General shall appear and act as attorney for the claim-
ant in the filing of a complaint and other appropriate mo-
tions and pleadings and the prosecution thereof in the dis-
trict courts of the United States and on appeal.
‘‘(B) If the Attorney General declines to represent a
person after receiving a referral from the Secretary or if
a person chooses not to apply to the Secretary for assistance
or to utilize the Attorney General for representation under
this section, such person may be represented before the dis-
trict court or on appeal by counsel of the person’s choice.
‘‘(2)(A) In the case where the employer is the Federal
Government, if the Secretary, after investigation, is reason-
ably satisfied that the employer has failed to comply with
the provisions of this chapter, if efforts to obtain voluntary
compliance are not successful, and if the claimant requests
in writing that the claim be referred for litigation, the case
shall be referred to the Office of the Special Counsel, litiga-
tion shall be before the Merit Systems Protection Board, and
if the Special Counsel is reasonably satisfied that the person
requesting representation is entitled to the rights or benefits
sought, the Special Counsel shall appear and act as attor-
ney for the claimant in filing an appeal to the Merit Sys-
tems Protection Board and in pursuing that appeal.
‘‘(B) If the Special Counsel declines to represent a per-
son after receiving a referral from the Secretary or if a per-
son chooses not to apply to the Secretary for assistance or
to utilize the Special Counsel for representation under this
section, such person may be represented before the Merit
Systems Protection Board or on appeal by counsel of the
person’s choice.
‘‘(d)(1) This subsection applies only with respect to a
State or private employer.
‘‘(2)(A) The district courts of the United States may
require the State or private employer, as the case may be—
‘‘(i) to comply with the provisions of this chap-
ter;
‘‘(ii) to compensate the person for any loss of
wages or benefits suffered by reason of such employer’s
failure to comply with the provisions of this chapter;
and
‘‘(iii) to pay, in addition to the compensation
paid under clause (ii), the person an amount equal
to such compensation as liquidated damages, if the
court determines that the employer’s failure to comply
with the provisions of this chapter was willful.
‘‘(B) Any compensation and payment under clauses
(ii) and (iii) of subparagraph (A) shall be in addition to,
and shall not be deemed to diminish, any of the other rights
and benefits provided for in this chapter.
‘‘(3)(A) No fees or court costs shall be charged or taxed
against any person claiming rights or benefits under this
chapter.
‘‘(B) In any action or proceeding to enforce a provi-
sion of this chapter by a person described in paragraph (2)
who obtained private counsel for such action or proceeding,
the court, in its discretion, may award any such person
who prevails in such action or proceeding a reasonable at-
torney’s fee, expert witness fees, and other litigation ex-
penses.
‘‘(4) The court may use its full equity powers, includ-
ing temporary or permanent injunctions and temporary re-
straining orders, to vindicate fully the rights or benefits of
persons under this chapter.
‘‘(5) An action under this chapter may be initiated
only by a person claiming rights or benefits under this
chapter, not by an employer, prospective employer, or other
entity with obligations under this chapter.
‘‘(6) In any action under this chapter, only the em-
ployer shall be deemed a necessary party respondent.
‘‘(7) No State statute of limitations shall apply to any
proceedings under this chapter.
‘‘(8) A State shall be subject to the same remedies, in-
cluding prejudgment interest, as may be imposed upon any
private employer under this section.
‘‘(e)(1) This subsection applies only with respect to the
Federal Government as employer.
‘‘(2)(A) If the Merit Systems Protection Board con-
cludes that the Federal Government, as employer, has failed
to comply with the provisions of this chapter or that the
Director of the Office of Personnel Management has not met
an obligation set forth in section 4314, the Board shall enter
an order specifically requiring the employing agency or the
Director to comply with such provisions and to compensate
such person for any loss of wages or benefits suffered by
reason of the employing agency’s or the Director’s unlawful
action.
‘‘(B) Any such compensation shall be in addition to
and shall not be deemed to diminish any of the other rights
or benefits provided for by this chapter.
‘‘(3)(A) A claimant under this chapter may petition
the United States Court of Appeals for the Federal Circuit
to review a decision of the Merit Systems Protection Board
denying such claimant the relief sought, in whole or in part,
subject to the conditions and in accordance with the proce-
dures set forth in section 7703 of title 5.
‘‘(B) The Secretary and the Special Counsel shall not
represent persons with respect to review of decisions of the
Merit Systems Protection Board under this chapter in the
United States Court of Appeals for the Federal Circuit or
the Supreme Court.
‘‘(C) If a person seeks such judicial review, or in any
case in which a person is involved in the Board’s decision
is being appealed by another party, such person may be
represented by counsel of the person’s choice.
‘‘§ 4323. Conduct of investigation; subpoenas
‘‘(a) In carrying out investigations under this chapter,
the Secretary’s duly authorized representatives shall at all
reasonable times have access to, for the purpose of examina-
tion, and the right to copy and receive, any documents of
any person or employer.
‘‘(b) Except as provided in section 4322(a)(2), in car-
rying out investigations under this chapter, 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 Secretary’s
subpoena.
‘‘(c) Except as provided in section 4322(a)(2), upon
application, the district courts of the United States shall
have jurisdiction to issue writs commanding any person or
employer 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 chapter, and the dis-
trict courts shall have jurisdiction to punish failure to obey
a subpoena or other lawful order of the Secretary as a con-
tempt of court.
‘‘SUBCHAPTER IV—MISCELLANEOUS PROVISIONS
‘‘§ 4331. Regulations
‘‘(a) The Secretary (in consultation with the Secretary
of Defense) may prescribe regulations implementing the
provisions of this chapter with regard to the application
of this chapter to States, local governments, and private em-
ployers.
‘‘(b)(1) The Director of the Office of Personnel Manage-
ment (in consultation with the Secretary and the
Secretary of Defense) may prescribe regulations implement-
ing the provisions of this chapter with regard to the appli-
cation of this chapter to the Federal Government as em-
ployer. Such regulations shall be consistent with the regula-
tions pertaining to the States and private employers, except
that employees of the Federal Government may be given
greater or additional rights. Nothing in this subsection con-
stitutes authority for the Director to prescribe any matter
for which any regulation may be prescribed under para-
graph (2).
‘‘(2) Regulations may be prescribed—
‘‘(A) by the Merit Systems Protection Board to
carry out its responsibilities under this chapter; and
‘‘(B) by the Office of Special Counsel to carry
out its responsibilities under this chapter.