28 U.S.C. § 3903 — Effect of failure to issue regulations

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.