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28 USC CHAPTER 179 - JUDICIAL REVIEW OF CERTAIN ACTIONS

BY PRESIDENTIAL OFFICES 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 179 - JUDICIAL REVIEW OF CERTAIN ACTIONS BY PRESIDENTIAL

OFFICES

-HEAD-

CHAPTER 179 - JUDICIAL REVIEW OF CERTAIN ACTIONS BY PRESIDENTIAL

OFFICES

-MISC1-

Sec.

3901. Civil actions.

3902. Judicial review of regulations.

3903. Effect of failure to issue regulations.

3904. Expedited review of certain appeals.

3905. Attorney's fees and interest.

3906. Payments.

3907. Other judicial review prohibited.

3908. Definitions.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1296, 1346, 2402 of this

title; title 3 section 435.

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28 USC Sec. 3901 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 179 - JUDICIAL REVIEW OF CERTAIN ACTIONS BY PRESIDENTIAL

OFFICES

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Sec. 3901. Civil actions

-STATUTE-

(a) Parties. - In an action under section 1346(g) of this title,

the defendant shall be the employing office alleged to have

committed the violation involved.

(b) Jury Trial. - In an action described in subsection (a), any

party may demand a jury trial where a jury trial would be available

in an action against a private defendant under the relevant law

made applicable by chapter 5 of title 3. In any case in which a

violation of section 411 of title 3 is alleged, the court shall not

inform the jury of the maximum amount of compensatory damages

available under section 411(b)(1) or 411(b)(3) of title 3.

-SOURCE-

(Added Pub. L. 104-331, Sec. 3(c), Oct. 26, 1996, 110 Stat. 4070.)

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EFFECTIVE DATE

Chapter effective Oct. 1, 1997, see section 3(d) of Pub. L.

104-331, set out as a note under section 1296 of this title.

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28 USC Sec. 3902 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 179 - JUDICIAL REVIEW OF CERTAIN ACTIONS BY PRESIDENTIAL

OFFICES

-HEAD-

Sec. 3902. Judicial review of regulations

-STATUTE-

In any proceeding under section 1296 or 1346(g) of this title in

which the application of a regulation issued under chapter 5 of

title 3 is at issue, the court may review the validity of the

regulation in accordance with the provisions of subparagraphs (A)

through (D) of section 706(2) of title 5. If the court determines

that the regulation is invalid, the court shall apply, to the

extent necessary and appropriate, the most relevant substantive

executive agency regulation promulgated to implement the statutory

provisions with respect to which the invalid regulation was issued.

Except as provided in this section, the validity of regulations

issued under this chapter is not subject to judicial review.

-SOURCE-

(Added Pub. L. 104-331, Sec. 3(c), Oct. 26, 1996, 110 Stat. 4070.)

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28 USC Sec. 3903 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 179 - JUDICIAL REVIEW OF CERTAIN ACTIONS BY PRESIDENTIAL

OFFICES

-HEAD-

Sec. 3903. Effect of failure to issue regulations

-STATUTE-

In any proceeding under section 1296 or 1346(g) of this title, if

the President, the designee of the President, or the Federal Labor

Relations Authority has not issued a regulation on a matter for

which chapter 5 of title 3 requires a regulation to be issued, the

court 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.

-SOURCE-

(Added Pub. L. 104-331, Sec. 3(c), Oct. 26, 1996, 110 Stat. 4070.)

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28 USC Sec. 3904 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 179 - JUDICIAL REVIEW OF CERTAIN ACTIONS BY PRESIDENTIAL

OFFICES

-HEAD-

Sec. 3904. Expedited review of certain appeals

-STATUTE-

(a) In General. - An appeal may be taken directly to the Supreme

Court of the United States from any interlocutory or final

judgment, decree, or order of a court upon the constitutionality of

any provision of chapter 5 of title 3.

(b) Jurisdiction. - The Supreme Court shall, if it has not

previously ruled on the question, accept jurisdiction over the

appeal referred to in subsection (a), advance the appeal on the

docket, and expedite the appeal to the greatest extent possible.

-SOURCE-

(Added Pub. L. 104-331, Sec. 3(c), Oct. 26, 1996, 110 Stat. 4070.)

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28 USC Sec. 3905 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 179 - JUDICIAL REVIEW OF CERTAIN ACTIONS BY PRESIDENTIAL

OFFICES

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Sec. 3905. Attorney's fees and interest

-STATUTE-

(a) Attorney's Fees. - If a covered employee, with respect to any

claim under chapter 5 of title 3, or a qualified person with a

disability, with respect to any claim under section 421 of title 3,

is a prevailing party in any proceeding under section 1296 or

section 1346(g), the court 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.

(b) Interest. - In any proceeding under section 1296 or section

1346(g), 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.

(c) Punitive Damages. - Except as otherwise provided in chapter 5

of title 3, no punitive damages may be awarded with respect to any

claim under chapter 5 of title 3.

-SOURCE-

(Added Pub. L. 104-331, Sec. 3(c), Oct. 26, 1996, 110 Stat. 4070.)

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REFERENCES IN TEXT

Sections 706 and 717 of the Civil Rights Act of 1964, referred to

in subsecs. (a) and (b), are classified to sections 2000e-5 and

2000e-16, respectively, of Title 42, The Public Health and Welfare.

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28 USC Sec. 3906 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 179 - JUDICIAL REVIEW OF CERTAIN ACTIONS BY PRESIDENTIAL

OFFICES

-HEAD-

Sec. 3906. Payments

-STATUTE-

A judgment, award, or compromise settlement against the United

States under this chapter (including any interest and costs) shall

be paid -

(1) under section 1304 of title 31, if it arises out of an

action commenced in a district court of the United States (or any

appeal therefrom); or

(2) out of amounts otherwise appropriated or available to the

office involved, if it arises out of an appeal from an

administrative proceeding under chapter 5 of title 3.

-SOURCE-

(Added Pub. L. 104-331, Sec. 3(c), Oct. 26, 1996, 110 Stat. 4071.)

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28 USC Sec. 3907 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 179 - JUDICIAL REVIEW OF CERTAIN ACTIONS BY PRESIDENTIAL

OFFICES

-HEAD-

Sec. 3907. Other judicial review prohibited

-STATUTE-

Except as expressly authorized by this chapter and chapter 5 of

title 3, the compliance or noncompliance with the provisions of

chapter 5 of title 3, and any action taken pursuant to chapter 5 of

title 3, shall not be subject to judicial review.

-SOURCE-

(Added Pub. L. 104-331, Sec. 3(c), Oct. 26, 1996, 110 Stat. 4071.)

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28 USC Sec. 3908 01/06/03

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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART VI - PARTICULAR PROCEEDINGS

CHAPTER 179 - JUDICIAL REVIEW OF CERTAIN ACTIONS BY PRESIDENTIAL

OFFICES

-HEAD-

Sec. 3908. Definitions

-STATUTE-

For purposes of applying this chapter, the terms "employing

office" and "covered employee" have the meanings given those terms

in section 401 of title 3.

-SOURCE-

(Added Pub. L. 104-331, Sec. 3(c), Oct. 26, 1996, 110 Stat. 4071.)

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