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-CITE- 28 USC CHAPTER 179 - JUDICIAL REVIEW OF CERTAIN ACTIONS BY PRESIDENTIAL OFFICES 01/03/2007 -EXPCITE- 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. -End- -CITE- 28 USC Sec. 3901 01/03/2007 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART VI - PARTICULAR PROCEEDINGS CHAPTER 179 - JUDICIAL REVIEW OF CERTAIN ACTIONS BY PRESIDENTIAL OFFICES -HEAD- 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.) -MISC1- 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. -End- -CITE- 28 USC Sec. 3902 01/03/2007 -EXPCITE- 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.) -End- -CITE- 28 USC Sec. 3903 01/03/2007 -EXPCITE- 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.) -End- -CITE- 28 USC Sec. 3904 01/03/2007 -EXPCITE- 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.) -End- -CITE- 28 USC Sec. 3905 01/03/2007 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART VI - PARTICULAR PROCEEDINGS CHAPTER 179 - JUDICIAL REVIEW OF CERTAIN ACTIONS BY PRESIDENTIAL OFFICES -HEAD- 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.) -REFTEXT- 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. -End- -CITE- 28 USC Sec. 3906 01/03/2007 -EXPCITE- 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.) -End- -CITE- 28 USC Sec. 3907 01/03/2007 -EXPCITE- 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.) -End- -CITE- 28 USC Sec. 3908 01/03/2007 -EXPCITE- 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.) -End- |
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LinksOrganic LawsTitle 1, General Provisions Title 2, The Congress Title 3, The President Title 4, Flag and Seal, Seat of Government, and the States Title 5, Government Organization and Employees; and Appendix Title 6, Domestic Security Title 7, Agriculture Title 8, Aliens and Nationality Title 9, Arbitration Title 10, Armed Forces Title 11, Bankruptcy; and Appendix Title 12, Banks and Banking Title 13, Census Title 14, Coast Guard Title 15, Commerce and Trade Title 16, Conservation Title 17, Copyrights Title 18, Crimes and Criminal Procedure; and Appendix Title 19, Customs Duties Title 20, Education Title 21, Food and Drugs Title 22, Foreign Relations and Intercourse Title 23, Highways Title 24, Hospitals and Asylums Title 25, Indians Title 26, Internal Revenue Code Title 27, Intoxicating Liquors Title 28, Judiciary and Judicial Procedure; and Appendix Title 29, Labor Title 30, Mineral Lands and Mining Title 31, Money and Finance Title 32, National Guard Title 33, Navigation and Navigable Waters Title 34, Navy (Repealed) Title 35, Patents Title 36, Patriotic Societies and Observances Title 37, Pay and Allowances of the Uniformed Services Title 38, Veterans' Benefits; and Appendix Title 39, Postal Service Title 40, Public Buildings, Property, and Works Title 41, Public Contracts Title 42, The Public Health and Welfare Title 43, Public Lands Title 44, Public Printing and Documents Title 45, Railroads Title 46, Shipping; and Appendix Title 47, Telegraphs, Telephones, and Radiotelegraphs Title 48, Territories and Insular Possessions Title 49, Transportation Title 50, War and National Defense; and Appendix |
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