Title 28, Judiciary and Judicial ProcedureRelease 119-102
§3903 Effect of Failure to Issue Regulations
Title 28 › PART VI — PARTICULAR PROCEEDINGS › CHAPTER 179 — JUDICIAL REVIEW OF CERTAIN ACTIONS BY PRESIDENTIAL OFFICES › § 3903
Summary
Court must, as needed, use the most relevant agency rule when 1296 or 1346(g) cases lack a required rule from the President, his designee, or FLRA.
Full Legal Text
Title 28, §3903
Judiciary and Judicial Procedure, Source: USLM XML via OLRC
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.
Legislative History
Notes & Related Subsidiaries
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.
Reference
Citations & Metadata
Citation
28 U.S.C. § 3903
Title 28, Judiciary and Judicial Procedure
Last Updated
Aug 21, 2026
Release point: 119-102