110 STAT. 4068 PUBLIC LAW 104-331—OCT. 26, 1996 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. "§ 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. «§ 456. Confidentiality "(a) COUNSELING. —All coimseling 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. " 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.". 3 USC 401 note. (b) REGULATIONS. —Appropriate measures shall be taken to ensure that— (1) any regulations required to implement section 411 of title 3, United States Code, shall be in effect by October 1, 1997; and (2) any other regulations needed to implement chapter 5 of title 3, United States Code, shall be in effect as soon as practicable, but not later than October 1, 1998. (c) TECHNICAL AMENDMENT.—The table of chapters for title 3, United States Code, is amended by adding at the end the following: "5. Extension of Certain Rights and Protections to Presidential Offices 401". SEC. 3. AMENDMENTS TO TITLE 28, UNITED STATES CODE. (a) CIRCUIT COURT JURISDICTION. — (1) IN GENERAL. —Chapter 83 of title 28, United States Code, is amended by adding at the end the following:
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