2 U.S.C. § 1411 — Effect of failure to issue regulations

Page 344 TITLE 2—THE CONGRESS § 1409 § 1409. Judicial review of regulations In any proceeding brought under section 1407 or 1408 of this title in which the application of a regulation issued under this chapter 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, except that with respect to regula- tions approved by a joint resolution under sec- tion 1384(c) of this title, only the provisions of section 706(2)(B) of title 5 shall apply. 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 im- plement the statutory provisions with respect to which the invalid regulation was issued. Except as provided in this section, the validity of regu- lations issued under this chapter is not subject to judicial review. (Pub. L. 104–1, title IV, § 409, Jan. 23, 1995, 109 Stat. 37.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables. § 1410. Other judicial review prohibited Except as expressly authorized by sections 1407, 1408, and 1409 of this title, the compliance or noncompliance with the provisions of this chapter and any action taken pursuant to this chapter shall not be subject to judicial review. (Pub. L. 104–1, title IV, § 410, Jan. 23, 1995, 109 Stat. 37.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables. § 1411. Effect of failure to issue regulations In any proceeding under section 1405, 1406, 1407, or 1408 of this title, except a proceeding to enforce section 1351 of this title with respect to offices listed under section 1351(e)(2) of this title, if the Board has not issued a regulation on a matter for which this chapter requires a regu- lation to be issued, the hearing officer, Board, or court, as the case may be, shall apply, to the ex- tent necessary and appropriate, the most rel- evant substantive executive agency regulation promulgated to implement the statutory provi- sion at issue in the proceeding. (Pub. L. 104–1, title IV, § 411, Jan. 23, 1995, 109 Stat. 37.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables. § 1412. Expedited review of certain appeals (a) In general An appeal may be taken directly to the Su- preme Court of the United States from any in- terlocutory or final judgment, decree, or order of a court upon the constitutionality of any pro- vision of this chapter. (b) Jurisdiction The Supreme Court shall, if it has not pre- viously ruled on the question, accept jurisdic- tion over the appeal referred to in subsection (a), advance the appeal on the docket, and expe- dite the appeal to the greatest extent possible. (Pub. L. 104–1, title IV, § 412, Jan. 23, 1995, 109 Stat. 38.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables. § 1413. Privileges and immunities The authorization to bring judicial pro- ceedings under sections 1405(f)(3), 1407, and 1408 of this title shall not constitute a waiver of sov- ereign immunity for any other purpose, or of the privileges of any Senator or Member of the House of Representatives under article I, section 6, clause 1, of the Constitution, or a waiver of any power of either the Senate or the House of Representatives under the Constitution, includ- ing under article I, section 5, clause 3, or under the rules of either House relating to records and information within its jurisdiction. (Pub. L. 104–1, title IV, § 413, Jan. 23, 1995, 109 Stat. 38.) § 1414. Settlement Any settlement entered into by the parties to a process described in section 1331, 1341, 1351, or 1401 of this title shall be in writing and not be- come effective unless it is approved by the Exec- utive Director. Nothing in this chapter shall af- fect the power of the Senate and the House of Representatives, respectively, to establish rules governing the process by which a settlement may be entered into by such House or by any employing office of such House. (Pub. L. 104–1, title IV, § 414, Jan. 23, 1995, 109 Stat. 38; Pub. L. 115–397, title I, § 103(f), Dec. 21, 2018, 132 Stat. 5305.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 104–1, Jan. 23, 1995, 109