28 USC § 3903 - Effect of failure to issue regulations

---
identifier: "/us/usc/t28/s3903"
source: "usc"
legal_status: "official_legal_evidence"
title: "28 USC § 3903 - Effect of failure to issue regulations"
title_number: 28
title_name: "JUDICIARY AND JUDICIAL PROCEDURE"
section_number: "3903"
section_name: "Effect of failure to issue regulations"
chapter_number: 179
chapter_name: "JUDICIAL REVIEW OF CERTAIN ACTIONS BY PRESIDENTIAL OFFICES"
part_number: "VI"
part_name: "PARTICULAR PROCEEDINGS"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 104–331, § 3(c), Oct. 26, 1996, 110 Stat. 4070.)"
---


# § 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 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.

---

**Source Credit**: (Added Pub. L. 104–331, § 3(c), Oct. 26, 1996, 110 Stat. 4070.)

## Statutory Notes and Related Subsidiaries

### Effective Date

Section effective , see , set out as a note under .