Page 57 TITLE 3—THE PRESIDENT § 471

1See References in Text note below.

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 435, 451, 456, 471

of this title.

§ 453. Election of proceeding

Not later than 90 days after a covered employee receives notice of the end of the period of

mediation, but no sooner than 30 days after receipt of such notification, such covered employee may either—

(1) file a complaint with the appropriate

agency, as determined under section 454; or

(2) file a civil action under section 1346(g) of

title 28.

(Added Pub. L. 104–331, §2(a), Oct. 26, 1996, 110

Stat. 4067.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 435, 451, 452, 455

of this title; title 28 section 1346.

§ 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, §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.

§ 455. Effect of failure to issue regulations

In any proceeding under section 453(1), if the

President, or the designee of the President, has

not issued a regulation on a matter for which

this chapter requires a regulation to be issued,

the administrative agency shall apply, to the extent necessary and appropriate, the most relevant substantive executive agency regulation

promulgated to implement the statutory provision at issue in the proceeding.

(Added Pub. L. 104–331, §2(a), Oct. 26, 1996, 110

Stat. 4068.)

§ 456. Confidentiality

(a) COUNSELING.—All counseling under section

452 shall be strictly confidential, except that,

with the consent of the covered employee, the

employing office may be notified.

(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.)

REFERENCES IN TEXT

The date of enactment of this Act, referred to in subsec. (b), probably means the date of enactment of Pub.

L. 104–331, which enacted this chapter and was approved

Oct. 26, 1996.