§ 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.