Page:United States Statutes at Large Volume 108 Part 5.djvu/876

 108 STAT. 4366 PUBLIC LAW 103-424—OCT. 29, 1994 12 USC 1441a note. 5 USC 1212 note. "(3) The remedies described in this paragraph are as follows: "(A) An appeal to the Merit Systems Protection Board under section 7701. "(B) A negotiated grievance procedure under this section. "(C) Procedures for seeking corrective action under subchapters II and III of chapter 12. "(4) For the purpose of this subsection, a person shall be considered to have elected— "(A) the remedy described in paragraph (3)(A) if such person has timely filed a notice of appeal under the applicable appellate procedures; "(B) the remedy described in paragraph (3)(B) if such person has timely filed a grievance in writing, in accordance with the provisions of the parties' negotiated procedure; or "(C) the remedy described in paragraph (3)(C) if such person has sought corrective action from the Office of Special Counsel by making an allegation under section 1214(a)(1).". (c) TECHNICAL AND CONFORMING AMENDMENTS.— Section 7121(a)(1) of title 5, United States Code, is amended— (1) by striking "(d) and (e)" and inserting "(d), (e), and (g)"; and (2) by inserting "administrative" after "exclusive". SEC. 10. EXPENSES RELATED TO FEDERAL RETIREMENT APPEALS. Section 8348(a) of title 5, United States Code, is amended— (1) in paragraph (1)(B) by striking out "and" at the end thereof; (2) in paragraph (2) by striking out the period and inserting in lieu thereof a semicolon and "and"; and (3) by adding at the end thereof the following new paragraph: "(3) is made available, subject to such annual limitation as the Congress may prescribe, for any expenses incurred by the Merit Systems Protection Board in the administration of appeals authorized under sections 8347(d) and 8461(e) of this title.". SEC. 11. ELECTION OF APPLICATION OF LAWS BY EMPLOYEES OF THE RESOLUTION TRUST CORPORATION AND THRIFT DEPOSI- TOR PROTECTION OVERSIGHT BOARD. (a) ELECTION OF PROVISIONS OF TITLE 5, UNITED STATES CODE.— I f an individual who believes he has been discharged or discriminated against in violation of section 21a(q)(l) of the Federal Home Loan Bank Act (12 U.S.C. 1441a(q)(l)) seeks an administrative corrective action or judicial remedy for such violation under the provisions of chapters 12 and 23 of title 5, United States Code, the provisions of section 21a(q) of such Act shall not apply to such alleged violation. (b) ELECTION OF PROVISIONS OF FEDERAL HOME LOAN BANK ACT.— I f an individual files a civil action under section 21a(q)(2) of the Federal Home Loan Bank Act (12 U.S.C. 1441a(q)(2)), the provisions of chapters 12 and 23 of title 5, United States Code, shall not apply to any alleged violation of section 21a(q)(l) of such Act. SEC. 12. IMPLEMENTATION. (a) POLICY STATEMENT.—No later than 6 months after the date of enactment of this Act, the Special Counsel shall issue

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