§454 Appropriate agencies

Summary

The Board is normally the agency that handles complaints about violations of part A of subchapter II. Those complaints must be handled under the procedures the President or the President’s designee puts in regulations. If the case involves section 411 or an allegation of intimidation, reprisal, or discrimination tied to something made unlawful by section 411, the Equal Employment Opportunity Commission (EEOC) is the proper agency and the complaint follows the same EEOC procedures used for executive-branch employees (other than a covered employee). If a covered employee affected by an action an executive agency employee could appeal to the Board alleges discrimination under section 411 (or related claims under section 417), the Board is the initial agency and the matter is then handled under sections 7702(a)–(d) (ignoring paragraph (2) of subsection (a)) and (f) of title 5. Any court review of an administrative decision under this subsection is by appeal to the U.S. Court of Appeals for the Federal Circuit under section 1296 of title 28.