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28 U.S.C. § 1296 — Review of certain agency actions
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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Stable record: federal_law:legal_authorities:record_usc_2cafc815b8e89019ac2ee7af
Source file: Laws/federal/codes/united-states-code/title-28/section-1296-review-of-certain-agency-actions--b8b09d9859.md
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Source location: Title 28, Chapter 83, § 1296; chapter-083-courts-of-appeals.md
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**(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
**(a) In General.—** Except as provided in subsection (b), the appropriate agency under this section with respect to an alleged violation of part A of subchapter II shall be the Board. The complaint in an action involving such an alleged violation shall be processed under the procedures specified by the President, or the designee of the President, in such regulations as the President or designee may issue.
**(b) Exceptions.—**
(1) **Discrimination.—** — For purposes of any action arising under section 411 (or any action alleging intimidation, reprisal, or discrimination under section 417 relating to any practice made unlawful under section 411), the appropriate agency shall be the Equal Employment Opportunity Commission, and the complaint in any such action shall be processed under the same administrative procedures as any such complaint filed by any employee in the executive branch of the Federal Government (other than a covered employee).
(2) **Mixed cases.—** — In the case of any covered employee (within the meaning of section 411) who has been affected by an action which an employee of an executive agency may appeal to the Board and who alleges that a basis for the action was discrimination prohibited by section 411 (or any action alleging intimidation, reprisal, or discrimination under section 417 relating to any practice made unlawful under section 411), the initial appropriate agency shall be the Board, and such matter shall thereafter be processed in accordance with section 7702(a)–(d) (disregarding paragraph (2) of such subsection (a)) and (f) of title 5.
(3) **Judicial review.—** — Notwithstanding any other provision of law (including any provision of law referenced in paragraph (1) or (2)), judicial review of any administrative decision under this subsect
Source: Supplied U.S. Code snapshot — release unconfirmed · 3 U.S.C. § 454
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any person aggrieved by any final order of the Authority other than an order under—
(1) [section 7122 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7122&num=0&edition=prelim) (involving an award by an arbitrator), unless the order involves an unfair labor practice under [section 7118 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7118&num=0&edition=prelim), or
(2) [section 7112 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7112&num=0&edition=prelim) (involving an appropriate unit determination),
may, during the 60-day period beginning on the date on which the order was issued, institute an action for judicial review of the Authority’s order in the United States court of appeals in the circuit in which the person resides or transacts business or in the United States Court of Appeals for the District of Columbia.
**(b)** The Authority may petition any appropriate United States court of appeals for the enforcement of any order of the Authority and for appropriate temporary relief or restraining order.
**(c)** Upon the filing of a petition under subsection (a) of this section for judicial review or under subsection (b) of this section for enforcement, the Authority shall file in the court the record in the proceedings, as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim). Upon the filing of the petition, the court shall cause notice thereof to be served to the parties involved, and thereupon shall have jurisdiction of the proceeding and of the question determined therein and may grant any temporary relief (including a temporary restraining ord
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7123
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The district courts shall have original jurisdiction, concurrent with the United States Court of Federal Claims, of:
(1) Any civil action against the United States for the recovery of any internal-revenue tax alleged to have been erroneously or illegally assessed or collected, or any penalty claimed to have been collected without authority or any sum alleged to have been excessive or in any manner wrongfully collected under the internal-revenue laws;
(2) Any other civil action or claim against the United States, not exceeding $10,000 in amount, founded either upon the Constitution, or any Act of Congress, or any regulation of an executive department, or upon any express or implied contract with the United States, or for liquidated or unliquidated damages in cases not sounding in tort, except that the district courts shall not have jurisdiction of any civil action or claim against the United States founded upon any express or implied contract with the United States or for liquidated or unliquidated damages in cases not sounding in tort which are subject to sections 7104(b)(1) and 7107(a)(1) of title 41. For the purpose of this paragraph, an express or implied contract with the Army and Air Force Exchange Service, Navy Exchanges, Marine Corps Exchanges, Coast Guard Exchanges, or Exchange Councils of the National Aeronautics and Space Administration shall be considered an express or implied contract with the United States.
**(b)**
(1) Subject to the provisions of chapter 171 of this title, the district courts, together with the United States District Court for the District of the Canal Zone and the District Court of the Virgin Islands, shall have exclusive jurisdiction of civil actions on claims against the United States, for money damages, accruing on and afte
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1346
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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding the preceding provisions of this chapter, a civil action under section 1346(g) may be brought in the United States district court for the district in which the employee is employed or in the United States District Court for the District of Columbia.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1413
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Federal law — U.S. Code and appendices · legal_authorities
Subject to chapter 179 of this title, any action against the United States under section 1346 shall be tried by the court without a jury, except that any action against the United States under section 1346(a)(1) shall, at the request of either party to such action, be tried by the court with a jury.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2402
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 2601, acts June 25, 1948, ch. 646, 62 Stat. 979; June 2, 1970, Pub. L. 91–271, title I, § 103, 84 Stat. 275; Oct. 10, 1980, Pub. L. 96–417, title IV, § 403(a)–(d), title V, § 501(27), (28), 94 Stat. 1740–1742, provided for appeals to the Court of Customs and Patent Appeals from final judgments or orders of the Court of International Trade and for the procedures to be followed in such appeals. See [section 1295(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1295/a/5&num=0&edition=prelim).
Section 2602, acts June 25, 1948, ch. 646, 62 Stat. 980; Oct. 14, 1966, Pub. L. 89–651, § 8(c)(3), 80 Stat. 902; June 2, 1970, Pub. L. 91–271, title I, § 104, 84 Stat. 276; Oct. 10, 1980, Pub. L. 96–417, title IV, § 403(e)(1), 94 Stat. 1741, provided for the precedence of enumerated civil actions in the Court of Customs and Patent Appeals. See [section 1296 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1296&num=0&edition=prelim).
Section 2603, added Pub. L. 96–417, title IV, § 404(a), Oct. 10, 1980, 94 Stat. 1741, provided that, except as provided in section 2639 or 2641(b) of this title or in the rules prescribed by the court, the Federal Rules of Evidence would apply in the Court of Customs and Patent Appeals in any appeal from the Court of International Trade.
Section 2604, added Pub. L. 96–417, title IV, § 405(a), Oct. 10, 1980, 94 Stat. 1741, authorized the chief judge of the Court of Customs and Patent Appeals to summon annually the judges of the court to a judicial conference for the purpose of considering the business of the court and improvements in the administration of justice of the court.
#### Effective Date of Repeal
Repeal effective Oct. 1, 1982,
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2601 to 2604
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Parties.—** In an action under [section 1346(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1346/g&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title3-section411&num=0&edition=prelim) 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: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 3901
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Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section706/2&num=0&edition=prelim). 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: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 3902
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Federal law — U.S. Code and appendices · legal_authorities
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: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 3903
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Federal law — U.S. Code and appendices · legal_authorities
**(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: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 3904
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