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§ 454. —  Appropriate agencies.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 3USC454]

 
                         TITLE 3--THE PRESIDENT
 
 CHAPTER 5--EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO PRESIDENTIAL 
                                 OFFICES
 
     SUBCHAPTER III--ADMINISTRATIVE AND JUDICIAL DISPUTE RESOLUTION 
                               PROCEDURES
 
Sec. 454. Appropriate agencies

    (a) In General.--Except as provided in subsection (b), the 
appropriate agency under this section with respect to an alleged 
violation of part A of subchapter II shall be the Board. The complaint 
in an action involving such an alleged violation shall be processed 
under the procedures specified by the President, or the designee of the 
President, in such regulations as the President or designee may issue.
    (b) Exceptions.--
        (1) Discrimination.--For purposes of any action arising under 
    section 411 (or any action alleging intimidation, reprisal, or 
    discrimination under section 417 relating to any practice made 
    unlawful under section 411), the appropriate agency shall be the 
    Equal Employment Opportunity Commission, and the complaint in any 
    such action shall be processed under the same administrative 
    procedures as any such complaint filed by any employee in the 
    executive branch of the Federal Government (other than a covered 
    employee).
        (2) Mixed cases.--In the case of any covered employee (within 
    the meaning of section 411) who has been affected by an action which 
    an employee of an executive agency may appeal to the Board and who 
    alleges that a basis for the action was discrimination prohibited by 
    section 411 (or any action alleging intimidation, reprisal, or 
    discrimination under section 417 relating to any practice made 
    unlawful under section 411), the initial appropriate agency shall be 
    the Board, and such matter shall thereafter be processed in 
    accordance with section 7702(a)-(d) (disregarding paragraph (2) of 
    such subsection (a)) and (f) of title 5.
        (3) Judicial review.--Notwithstanding any other provision of law 
    (including any provision of law referenced in paragraph (1) or (2)), 
    judicial review of any administrative decision under this subsection 
    shall be by appeal to the United States Court of Appeals for the 
    Federal Circuit under section 1296 of title 28.

(Added Pub. L. 104-331, Sec. 2(a), Oct. 26, 1996, 110 Stat. 4067.)


                             Effective Date

    Section effective Oct. 1, 1997, except that subsec. (a) of this 
section effective Oct. 26, 1996, see section 471 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 453, 471 of this title; 
title 28 section 1296.



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