§453. Election of proceeding — Inbound Citations

3 U.S.C. § 453

Cited by 7 provisions in release 119-102.

Citations to 3 U.S.C. § 453 as a whole

3 U.S.C. § 451(2)

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(2) election, as provided in section 453, of either—

(A) an administrative proceeding as provided in section 453(1) and judicial review as provided in section 1296 of title 28; or

(B) a civil action in a district court of the United States as provided in section 1346(g) of title 28.
3 U.S.C. § 452(b)

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(b) 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.

3 U.S.C. § 435(a)

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(a) If a covered employee, with respect to any claim under this chapter, or a qualified person with a disability, with respect to any claim under section 421, is a prevailing party in any proceeding under section 453(1), the administrative agency may award attorney’s fees, expert fees, and any other costs as would be appropriate if awarded under section 706(k) of the Civil Rights Act of 1964.
3 U.S.C. § 435(b)

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(b) In any proceeding under section 453(1), the same interest to compensate for delay in payment shall be made available as would be appropriate if awarded under section 717(d) of the Civil Rights Act of 1964.
3 U.S.C. § 451(2)(A)

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(A) an administrative proceeding as provided in section 453(1) and judicial review as provided in section 1296 of title 28; or
3 U.S.C. § 455

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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.

28 U.S.C. § 1346(g)

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(g) Subject to the provisions of chapter 179, the district courts of the United States shall have exclusive jurisdiction over any civil action commenced under section 453(2) of title 3, by a covered employee under chapter 5 of such title.