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3 U.S.C. § 471 — Effective date

Federal law — U.S. Code and appendices · legal_authorities

3 U.S.C. § 471 — Effective date

**(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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Source location: Title 3, Chapter 5, § 471; chapter-005-extension-of-certain-rights-and-protections-to-presidential-offices.md

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Federal law — U.S. Code and appendices · legal_authorities

3 U.S.C. § 411 — Rights and protections under title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Rehabilitation Act of 1973, and title I of the Americans with Disabilities Act of 1990

**(a) Discriminatory Practices Prohibited.—** All personnel actions affecting covered employees shall be made free from any discrimination based on— (1) race, color, religion, sex, or national origin, within the meaning of section 703 of the Civil Rights Act of 1964; (2) age, within the meaning of section 15 of the Age Discrimination in Employment Act of 1967; or (3) disability, within the meaning of section 501 of the Rehabilitation Act of 1973 and sections 102 through 104 of the Americans with Disabilities Act of 1990. **(b) Remedy.—** (1) **Civil rights.—** — The remedy for a violation of subsection (a)(1) shall be— (A) such damages as would be appropriate if awarded under section 706(g) of the Civil Rights Act of 1964; and (B) such compensatory damages as would be appropriate if awarded under section 1977 of the Revised Statutes, or as would be appropriate if awarded under sections 1977A(a)(1), 1977A(b)(2), and, irrespective of the size of the employing office, 1977A(b)(3)(D) of the Revised Statutes. (2) **Age discrimination.—** — The remedy for a violation of subsection (a)(2) shall be— (A) such damages as would be appropriate if awarded under section 15(c) of the Age Discrimination in Employment Act of 1967; and (B) such liquidated damages as would be appropriate if awarded under section 7(b) of such Act. In addition, the waiver provisions of section 7(f) of such Act shall apply to covered employees. (3) **Disabilities discrimination.—** — The remedy for a violation of subsection (a)(3) shall be— (A) such damages as would be appropriate if awarded under section 505(a)(1) of the Rehabilitation Act of 1973 or section 107(a) of the Americans with Disabilities Act of 1990; and (B) such compensatory damages as would be appropriate if awarded

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Federal law — U.S. Code and appendices · legal_authorities

3 U.S.C. § 452 — Counseling and mediation

**(a) In General.—** The President, or the designee of the President, shall by regulation establish 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 employee who has not exhausted counseling and mediation under subsection (a) shall be ineligible to make any election under section 453 or otherwise pursue any further form of relief under this subchapter.

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Federal law — U.S. Code and appendices · legal_authorities

3 U.S.C. § 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 subsect

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Federal law — U.S. Code and appendices · legal_authorities

3 U.S.C. § 471 — Effective date

Page 68 TITLE 3—THE PRESIDENT § 471 1 See References in Text note below. (b) MEDIATION.—All mediation under section 452 shall be strictly confidential. (Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4068.) SUBCHAPTER IV—EFFECTIVE DATE § 471. Effective date (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.1 (Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4068.) Editorial Notes REFERENCES IN TEXT The date of enactment of this Act, referred to in sub- sec. (b), probably means the date of enactment of Pub. L. 104–331, which enacted this chapter and was approved Oct. 26, 1996.

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