28 U.S.C. § 3902 — Judicial review of regulations

Page 669 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 3902 Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1993, see section 3 of Pub. L. 102–559, set out as a note under section 3701 of this title. § 3703. Injunctions A civil action to enjoin a violation of section 3702 may be commenced in an appropriate dis- trict court of the United States by the Attorney General of the United States, or by a profes- sional sports organization or amateur sports or- ganization whose competitive game is alleged to be the basis of such violation. (Added Pub. L. 102–559, § 2(a), Oct. 28, 1992, 106 Stat. 4228.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1993, see section 3 of Pub. L. 102–559, set out as a note under section 3701 of this title. § 3704. Applicability (a) Section 3702 shall not apply to— (1) a lottery, sweepstakes, or other betting, gambling, or wagering scheme in operation in a State or other governmental entity, to the extent that the scheme was conducted by that State or other governmental entity at any time during the period beginning January 1, 1976, and ending August 31, 1990; (2) a lottery, sweepstakes, or other betting, gambling, or wagering scheme in operation in a State or other governmental entity where both— (A) such scheme was authorized by a stat- ute as in effect on October 2, 1991; and (B) a scheme described in section 3702 (other than one based on parimutuel animal racing or jai-alai games) actually was con- ducted in that State or other governmental entity at any time during the period begin- ning September 1, 1989, and ending October 2, 1991, pursuant to the law of that State or other governmental entity; (3) a betting, gambling, or wagering scheme, other than a lottery described in paragraph (1), conducted exclusively in casinos located in a municipality, but only to the extent that— (A) such scheme or a similar scheme was authorized, not later than one year after the effective date of this chapter, to be operated in that municipality; and (B) any commercial casino gaming scheme was in operation in such municipality throughout the 10-year period ending on such effective date pursuant to a comprehen- sive system of State regulation authorized by that State’s constitution and applicable solely to such municipality; or (4) parimutuel animal racing or jai-alai games. (b) Except as provided in subsection (a), sec- tion 3702 shall apply on lands described in sec- tion 4(4) of the Indian Gaming Regulatory Act (25 U.S.C. 2703(4)). (Added Pub. L. 102–559, § 2(a), Oct. 28, 1992, 106 Stat. 4228.) Editorial Notes REFERENCES IN TEXT The effective date of this chapter, referred to in sub- sec. (a)(3)(A), is Jan. 1, 1993, see section 3 of Pub. L. 102–559, set out as an Effective Date note under section 3701 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1993, see section 3 of Pub. L. 102–559, set out as a note under section 3701 of this title. CHAPTER 179—JUDICIAL REVIEW OF CER- TAIN ACTIONS BY PRESIDENTIAL OFFICES 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. § 3901. Civil actions (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 sub- section (a), any party may demand a jury trial where a jury trial would be available in an ac- tion against a private defendant under the rel- evant 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 compen- satory damages available under section 411(b)(1) or 411(b)(3) of title 3. (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. § 3902. Judicial review of regulations In any proceeding under section 1296 or 1346(g) of this title in which the application of a regula- tion issued under chapter 5 of title 3 is at issue, the court may review the validity of the regula- tion in accordance with the provisions of sub- paragraphs (A) through (D) of section 706(2) of title 5. If the court determines that the regula- tion is invalid, the court shall apply, to the ex- tent necessary and appropriate, the most rel- evant substantive executive agency regulation promulgated to implement the statutory provi- sions with respect to which the invalid regula- tion was issued. Except as provided in this sec- tion, the validity of regulations issued under this chapter is not subject to judicial review. (Added Pub. L. 104–331, § 3(c), Oct. 26, 1996, 110 Stat. 4070.) 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. § 3905. Attorney’s fees and interest (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 com- pensate 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 dam- ages may be awarded with respect to any claim under chapter 5 of title 3. (Added Pub. L. 104–331, § 3(c), Oct. 26, 1996, 110 Stat. 4070.) Editorial Notes REFERENCES IN TEXT Sections 706 and 717 of the Civil Rights Act of 1964, re- ferred to in subsecs. (a) and (b), are classified to sec- tions 2000e–5 and 2000e–16, respectively, of Title 42, The Public Health and Welfare. 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. § 3906. Payments A judgment, award, or compromise settlement against the United States under this chapter (in- cluding 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 there- from); or (2) out of amounts otherwise appropriated or available to the office involved, if it arises out of an appeal from an administrative pro- ceeding under chapter 5 of title 3. (Added Pub. L. 104–331, § 3(c), Oct. 26, 1996, 110 Stat. 4071.) 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. § 3907. Other judicial review prohibited Except as expressly authorized by this chapter and chapter 5 of title 3, the compliance or non- compliance with the provisions of chapter 5 of title 3, and any action taken pursuant to chap- ter 5 of title 3, shall not be subject to judicial re- view. (Added Pub. L. 104–331, § 3(c), Oct. 26, 1996, 110 Stat. 4071.) 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. § 3908. Definitions For purposes of applying this chapter, the terms ‘‘employing office’’ and ‘‘covered em- ployee’’ have the meanings given those terms in section 401 of title 3. (Added Pub. L. 104–331, § 3(c), Oct. 26, 1996, 110 Stat. 4071.) 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.