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3 U.S.C. § 454Appropriate agencies

submitted 30 years ago by Pub. L. 104-331 to r/title-3-THE-PRESIDENT · 303 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law says which agency handles complaints about certain workplace violations. Usually the Board handles them, but discrimination claims go to the Equal Employment Opportunity Commission. Mixed cases start with the Board, and appeals go to a federal appeals court.

(a) In General: Except as (b) provides, the "appropriate agency" for handling an alleged violation of Part A of Subchapter II is the Board. Complaints about such violations are handled under procedures the President, or the President's designee, sets by regulation. (b) Exceptions: (1) Discrimination: For a claim arising under section 411 (or a claim of intimidation, reprisal, or discrimination under section 417, tied to conduct section 411 makes unlawful), the appropriate agency is instead the Equal Employment Opportunity Commission. The complaint is handled under the same procedures used for a similar complaint filed by any other executive-branch employee, other than a "covered employee." (2) Mixed cases: If a "covered employee" (as section 411 defines it) is affected by an action they could appeal to the Board, and also claims that discrimination banned by section 411 (or intimidation, reprisal, or discrimination under section 417 tied to section 411) played a part — the Board is the starting appropriate agency. The matter is then handled under section 7702(a)–(d) (skipping paragraph (2) of subsection (a)) and (f) of title 5. (3) Judicial review: No matter what any other law says — including any law referenced in (1) or (2) — courts review any decision made under this subsection only through an appeal to the U.S. Court of Appeals for the Federal Circuit, under section 1296 of title 28.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4067.)

history & why it existsrecord from the source credit
  • 1996Enacted · Pub. L. 104-331 · 110 Stat. 4067

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-331 on 1996-10-26.

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