(a)
(b)
(Added Pub. L. 104–331, §3(c), Oct. 26, 1996, 110 Stat. 4070.)
Chapter effective Oct. 1, 1997, see section 3(d) of Pub. L. 104–331, set out as a note under section 1296 of this title.
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. 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.
(Added Pub. L. 104–331, §3(c), Oct. 26, 1996, 110 Stat. 4070.)
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.
(Added Pub. L. 104–331, §3(c), Oct. 26, 1996, 110 Stat. 4070.)
(a)
(b)
(Added Pub. L. 104–331, §3(c), Oct. 26, 1996, 110 Stat. 4070.)
(a)
(b)
(c)
(Added Pub. L. 104–331, §3(c), Oct. 26, 1996, 110 Stat. 4070.)
Sections 706 and 717 of the Civil Rights Act of 1964, referred to in subsecs. (a) and (b), are classified to sections 2000e–5 and 2000e–16, respectively, of Title 42, The Public Health and Welfare.
A judgment, award, or compromise settlement against the United States under this chapter (including 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 therefrom); or
(2) out of amounts otherwise appropriated or available to the office involved, if it arises out of an appeal from an administrative proceeding under chapter 5 of title 3.
(Added Pub. L. 104–331, §3(c), Oct. 26, 1996, 110 Stat. 4071.)
Except as expressly authorized by this chapter and chapter 5 of title 3, the compliance or noncompliance with the provisions of chapter 5 of title 3, and any action taken pursuant to chapter 5 of title 3, shall not be subject to judicial review.
(Added Pub. L. 104–331, §3(c), Oct. 26, 1996, 110 Stat. 4071.)
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.
(Added Pub. L. 104–331, §3(c), Oct. 26, 1996, 110 Stat. 4071.)