scribed in section 452 may be granted a remedy under
part A of this subchapter.
‘‘(f) CONSTRUCTION.—
‘‘(1) DEFINITIONS AND EXEMPTIONS.—Except
where inconsistent with definitions and exemptions
provided in this chapter, the definitions and exemp-
tions in the laws made applicable by this chapter
shall apply under this chapter.
‘‘(2) 
SIZE
LIMITATIONS.—Notwithstanding
paragraph (1), provisions in the laws made applica-
ble under this chapter (other than paragraphs (2)
and (3) of section 2(a) of the Worker Adjustment
and Retraining Notification Act) determining cov-
erage based on size, whether expressed in terms of
numbers of employees, amount of business trans-
acted, or other measure, shall not apply in determin-
ing coverage under this chapter.
‘‘(g) DEFINITIONS RELATING TO SECTION 411.—For
purposes of applying this section with respect to any prac-
tice or other matter to which section 411 relates, the terms
‘employing office’ and ‘covered employee’ shall each be
considered to have the meaning given to it by such section.
‘‘Subchapter III—Administrative and Judicial
Dispute-Resolution Procedures
‘‘SEC. 451. PROCEDURE FOR CONSIDERATION OF ALLEGED
VIOLATIONS.
‘‘The procedure for consideration of alleged violations
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 455; or
‘‘(B) a civil action in a district court of the
United States as provided in section 456.
‘‘SEC. 452. COUNSELING AND MEDIATION.
‘‘(a) IN GENERAL.—The President shall by regula-
tion establish procedures substantially similar to those
under sections 402 and 403 of the Congressional Account-
ability 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 ineligible to make any elec-
tion under section 453 or otherwise pursue any further
form of relief under this subchapter.
‘‘SEC. 453. ELECTION OF PROCEEDING.
‘‘Not later than 90 days after a covered employee re-
ceives 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 ad-
ministrative agency, as determined under section
454; or
‘‘(2) file a civil action in accordance with sec-
tion 456 in the United States district court for the
district in which the employee is employed or for the
District of Columbia.
‘‘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.
‘‘(b) EXCEPTIONS.—
‘‘(1) DISCRIMINATION.—For purposes of any
action arising under section 411 (or any action al-
leging 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 proc-
essed under the same administrative procedures as
any such complaint filed by any other Federal em-
ployee.
‘‘(2) MIXED CASES.—However, in the case of
any covered employee (within the meaning of section
411(c)(1)) 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 ac-
tion was discrimination prohibited by section 411 (or
any action alleging intimidation, reprisal, or dis-
crimination under section 417 relating to any prac-
tice 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 re-
view of any administrative decision under this sub-
section shall be by the court specified in section 455.
‘‘SEC. 455. JUDICIAL REVIEW.
‘‘(a) IN GENERAL.—The United States Court of Ap-
peals for the Federal Circuit shall have jurisdiction over
a petition for review of a final decision under this chapter
of—
‘‘(1) an appropriate agency (as determined
under section 454);
‘‘(2) the Federal Labor Relations Authority
under chapter 71 of title 5, notwithstanding section
7123 of such title; or
‘‘(3) the Secretary of Labor or the Occupational
Safety and Health Review Commission, made under
part C of subchapter II.
‘‘(b) FILING DEADLINE.—Any petition for review
under this section must be filed within 30 days after the
date the petitioner receives notice of the final decision.
‘‘SEC. 456. CIVIL ACTION.
‘‘(a) JURISDICTION.—The district courts of the
United States shall have jurisdiction over any civil action
commenced under section 453(2) and this section by a
covered employee.
‘‘(b) PARTIES.—The defendant shall be the employ-
ing office alleged to have committed the violation, or in
which the violation is alleged to have occurred.
‘‘(c) JURY TRIAL.—Any party may demand a jury
trial where a jury trial would be available in an action
against a private defendant under the relevant law made
applicable by this chapter. In any case in which a violation
of section 411 is alleged, the court shall not inform the
jury of the maximum amount of compensatory damages
available under section 411(b)(1) or 411(b)(3).
‘‘SEC. 457. JUDICIAL REVIEW OF REGULATIONS.
‘‘In any proceeding brought under section 455 or 456
in which the application of a regulation issued under this
chapter is at issue, the court may review the validity of
the regulation in accordance with the provisions of sub-
paragraphs (A) through (D) of section 706(2) of title 5.
If the court determines that the regulation is invalid, the
court shall apply, to the extent necessary and appropriate,
the most relevant substantive executive agency regulation
promulgated to implement the statutory provisions with
respect to which the invalid regulation was issued. Except
as provided in this section, the validity of regulations is-
sued under this chapter is not subject to judicial review.
‘‘SEC. 458. OTHER JUDICIAL REVIEW PROHIBITED.
‘‘Except as expressly authorized by this chapter, the
compliance or noncompliance with the provisions of this
chapter and any action taken pursuant to this chapter
shall not be subject to judicial review.