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3 U.S.C. § 454 — Appropriate agencies
Federal law — U.S. Code and appendices · legal_authorities
**(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 subsect
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Source location: Title 3, Chapter 5, § 454; chapter-005-extension-of-certain-rights-and-protections-to-presidential-offices.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1296&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Jurisdiction.—** Subject to the provisions of chapter 179, the United States Court of Appeals for the Federal Circuit shall have jurisdiction over a petition for review of a final decision under chapter 5 of title 3 of—
(1) an appropriate agency (as determined under [section 454 of title 3](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title3-section454&num=0&edition=prelim));
(2) the Federal Labor Relations Authority made under part D of subchapter II of chapter 5 of title 3, notwithstanding [section 7123 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7123&num=0&edition=prelim); or
(3) the Secretary of Labor or the Occupational Safety and Health Review Commission, made under part C of subchapter II of chapter 5 of title 3.
**(b) Filing of Petition.—** Any petition for review under this section must be filed within 30 days after the date the petitioner receives notice of the final decision.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as otherwise provided in this chapter, this chapter shall take effect on October 1, 1997.
**(b) Regulations.—** Sections 411(d), 412(c), 413(c), 414(c), 415(c), 416(c), 421(d), 425(d), 431(c), 431(d), 452(a), and 454(a) shall take effect on the date of enactment of this Act.11 See References in Text note below.
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Federal law — U.S. Code and appendices · legal_authorities
Page 67
TITLE 3—THE PRESIDENT
§ 456
SUBCHAPTER
III—ADMINISTRATIVE
AND
JUDICIAL DISPUTE RESOLUTION PROCE-
DURES
§ 451. Procedure for consideration of alleged vio-
lations
The procedure for consideration of alleged vio-
lations of part A of subchapter II consists of—
(1) counseling and mediation as provided in
section 452; and
(2) election, as provided in section 453, of ei-
ther—
(A) an administrative proceeding as pro-
vided in section 453(1) and judicial review as
provided in section 1296 of title 28; or
(B) a civil action in a district court of the
United States as provided in section 1346(g)
of title 28.
(Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110
Stat. 4067.)
§ 452. Counseling and mediation
(a) IN GENERAL.—The President, or the des-
ignee of the President, shall by regulation estab-
lish procedures substantially similar to those
under sections 402 and 403 of the Congressional
Accountability Act of 1995 for the counseling
and mediation of alleged violations of a law
made applicable under part A of subchapter II.
(b) EXHAUSTION REQUIREMENT.—A covered em-
ployee who has not exhausted counseling and
mediation under subsection (a) shall be ineli-
gible to make any election under section 453 or
otherwise pursue any further form of relief
under this subchapter.
(Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110
Stat. 4067.)
Editorial Notes
REFERENCES IN TEXT
Sections 402 and 403 of the Congressional Account-
ability Act of 1995, referred to in subsec. (a), are classi-
fied to sections 1402 and 1403, respectively, of Title 2,
The Congress.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Oct. 1, 1997, except that subsec. (a)
of this section effective Oct. 26, 1996, see section 471 of
this title.
§ 453. Electio
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