Page:United States Statutes at Large Volume 108 Part 5.djvu/875

 • w**i^^ •^ PUBLIC LAW 103-424—OCT. 29, 1994 108 STAT. 4365 "(2) reimbursement for attorney's fees, back pay and related benefits, medicsil costs incurred, travel expenses, and any other reasonable and foreseeable consequential aamages.". (b) CERTAIN REPRISAL CASES.— Section 1221(g) of title 5, United States Code (as amended by section 4(d) of this Act), is further amended— (1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and (2) by inserting before paragraph (2) (as redesignated by paragraph (1) of this subsection) the following new paragraph: ^1)(A) If the Board orders corrective action under mis section, such corrective action may include— in the position the individum would have been in had the prombited personnel practice not occurred; and "(ii) back pay and related benefits, medical costs incurred, travel expenses, and any other reasonable and foreseeable consequential changes. "(B) Corrective action shall include attorneys fees and costs as provided for under paragraphs (2) and (3).". SEC. 9. AUTHORTTIES RELATING TO ABBITRATORS AND CHOICE OF REMEDIES NOT INVOLVING JUDICIAL REVIEW. (a) AUTHORITIES WHICH MAY BE EXTENDED TO ARBITRATORS. — Section 7121(b) of title 5, United States Code, is amended— (1) by redesignating subparagraphs (A) through (C) of paragraph (3) as clauses (i) mrough (iii), respectively; (2) by redesignating paragraphs (1) througn (3) as subparagraphs (A) through (C), respectively; (3) by striking "(b)" and inserting "(b)(1)''; and (4) by adding at the end the following: "(2)(A) The provisions of a negotiated grievance procedure providing for binding arbitration in accordance with paragraph (l)(C)(iiiT shall, if or to the extent that an alleged prohibited personnel practice is involved, allow the arbitrator to order— "(i) a stay of any personnel action in a manner similar to the manner described in section 1221(c) with respect to the Merit Systems Protection Board; and "(ii) the taking, by an agency, of any disciplinary action identified under section 1215(a)(3) that is otherwise within the authority of such agency to take. "(B) Any employee who is the subject of any disciplinary action ordered under subparagraph (A)(ii) may appeal such action to the same extent and in the same manner as if the agency had taken the disciplinary action absent arbitration.". (b) CHOICE OF REMEDIES PROVISION NOT INVOLVING JUDICIAL REVIEW. —Section 7121 of title 5, United States Code, is amended by adding at the end the following: "(g)(1) This subsection applies with respect to a prohibited personnel practice other than a prohibited personnel practice to which subsection (d) applies. "(2) An aggrievea employee affected by a prohibited personnel practice described in paragraph (1) may elect not more than one of the remedies described in paragraph (3) with respect thereto. For purposes of the preceding sentence, a determination as to whether a particular remedy has been elected shall be made as set forth under paragraph (4).
 * (i) that the individual be placed, as nearly as possible,

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