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28 U.S.C. § 3908 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title3-section401&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 3908
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Stable record: federal_law:legal_authorities:record_usc_a3bd769df378f1e36c063864
Source file: Laws/federal/codes/united-states-code/title-28/section-3908-definitions--ee05093a63.md
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Source location: Title 28, Chapter 179, § 3908; chapter-179-judicial-review-of-certain-actions-by-presidential-offices.md
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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title3-section401&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as otherwise specifically provided in this chapter, as used in this chapter:
(1) **Board.—** — The term “Board” means the Merit Systems Protection Board under chapter 12 of title 5.
(2) **Covered employee.—** — The term “covered employee” means any employee of an employing office.
(3) **Employee.—** — The term “employee” includes an applicant for employment and a former employee.
(4) **Employing office.—** — The term “employing office” means—
(A) each office, agency, or other component of the Executive Office of the President;
(B) the Executive Residence at the White House; and
(C) the official residence (temporary or otherwise) of the Vice President.
**(b) Definitions Relating to Certain Matters.—** For purposes of applying this chapter with respect to any practice or other matter—
(1) to which section 411 relates, the terms “employing office” and “covered employee” shall each be considered to have the meaning given to the term by such section;
(2) to which section 412 relates, the term “covered employee” means a covered employee described in section 412(a)(2)(B);
(3) to which section 413 relates, the term “covered employee” excludes interns and volunteers, as described in section 413(a)(2); and
(4) to which section 416 relates, the term “covered employee” means a covered employee described in section 416(a)(2).
Source: Supplied U.S. Code snapshot — release unconfirmed · 3 U.S.C. § 401
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1296
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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
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 3908
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