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28 U.S.C. § 3905 — Attorney’s fees and interest
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title3-section421&num=0&edition=prelim), 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.
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Source file: Laws/federal/codes/united-states-code/title-28/section-3905-attorneys-fees-and-interest--8f5473d6f2.md
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Source location: Title 28, Chapter 179, § 3905; chapter-179-judicial-review-of-certain-actions-by-presidential-offices.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title3-section421&num=0&edition=prelim), 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Rights and Protections.—** The rights and protections against discrimination in the provision of public services and accommodations established by sections 201, 202, and 204, and sections 302, 303, and 309, of the Americans with Disabilities Act of 1990 shall apply, to the extent that public services, programs, or activities are provided, with respect to the White House and its appurtenant grounds and gardens, the Dwight D. Eisenhower Executive Office Building, the New Executive Office Buildings, and any other facility to the extent that offices are provided for employees of the Executive Office of the President.
**(b) Remedy.—** The remedy for a violation of subsection (a) shall be such remedy as would be appropriate if awarded under section 203 or 308 of the Americans with Disabilities Act of 1990, as the case may be, except that, with respect to any claim of employment discrimination, the exclusive remedy shall be under [section 411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title3-section411&num=0&edition=prelim). A remedy under the preceding sentence shall be enforced in accordance with applicable provisions of such section 203 or 308, as the case may be.
**(c) Definition.—** For purposes of the application under this section of the Americans with Disabilities Act of 1990, the term “public entity” as used in such Act, means, to the extent that public services, programs, or activities are provided, the White House and its appurtenant grounds and gardens, the Dwight D. Eisenhower Executive Office Building, the New Executive Office Buildings, and any other facility to the extent that offices are provided for employees of the Executive Office of the President.
**(d) Regulations To Implement Section.—**
(1) **In general.—** — T
Source: Supplied U.S. Code snapshot — release unconfirmed · 3 U.S.C. § 421
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Jurisdiction.—** Subject to the provisions of chapter 179, the United States Court of Appeals for the Federal Circuit shall have jurisdiction over a petition for review of a final decision under chapter 5 of title 3 of—
(1) an appropriate agency (as determined under [section 454 of title 3](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title3-section454&num=0&edition=prelim));
(2) the Federal Labor Relations Authority made under part D of subchapter II of chapter 5 of title 3, notwithstanding [section 7123 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7123&num=0&edition=prelim); or
(3) the Secretary of Labor or the Occupational Safety and Health Review Commission, made under part C of subchapter II of chapter 5 of title 3.
**(b) Filing of Petition.—** Any petition for review under this section must be filed within 30 days after the date the petitioner receives notice of the final decision.
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Federal law — U.S. Code and appendices · legal_authorities
Page 670
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 3903
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Oct. 1, 1997, see section 3(d) of Pub.
L. 104–331, set out as a note under section 1296 of this
title.
§ 3903. Effect of failure to issue regulations
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 Au-
thority has not issued a regulation on a matter
for which chapter 5 of title 3 requires a regula-
tion to be issued, the court shall apply, to the
extent necessary and appropriate, the most rel-
evant substantive executive agency regulation
promulgated to implement the statutory provi-
sion at issue in the proceeding.
(Added Pub. L. 104–331, § 3(c), Oct. 26, 1996, 110
Stat. 4070.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Oct. 1, 1997, see section 3(d) of Pub.
L. 104–331, set out as a note under section 1296 of this
title.
§ 3904. Expedited review of certain appeals
(a) IN GENERAL.—An appeal may be taken di-
rectly to the Supreme Court of the United
States from any interlocutory or final judg-
ment, decree, or order of a court upon the con-
stitutionality of any provision of chapter 5 of
title 3.
(b) JURISDICTION.—The Supreme Court shall, if
it has not previously ruled on the question, ac-
cept jurisdiction over the appeal referred to in
subsection (a), advance the appeal on the dock-
et, and expedite the appeal to the greatest ex-
tent possible.
(Added Pub. L. 104–331, § 3(c), Oct. 26, 1996, 110
Stat. 4070.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Oct. 1, 1997, see section 3(d) of Pub.
L. 104–331, set out as a note under section 1296 of this
title.
§ 39
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