Page:United States Statutes at Large Volume 109 Part 1.djvu/53

 i-^tim.T' PUBLIC LAW 104-1 -JAN. 23, 1995 109 STAT. 37 (2) not made consistent with required procedures; or (3) unsupported by substantial evidence. (e) RECORD. —In making determinations under subsection (d), the court shall review the whole record, or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error. SEC. 408. CIVIL ACTION. 2 USC 1408. (a) JURISDICTION. — The district courts of the United States shall have jurisdiction over any civil action commenced under section 404 and this section by a covered employee who has completed counseling under section 402 and mediation under section 403. A civil action may be commenced by a covered employee only to seek redress for a violation for which the employee has completed counseling and mediation. (b) PARTIES. —The defendant shall be the employing office alleged to have committed the violation, or in which the violation is alleged to have occurred. (c) JURY TRIAL.—Any party may demand a jury trial where a jury trial would be available in an action against a private defendant under the relevant law made applicable by this Act. In any case in which a violation of section 201 is alleged, the court shall not inform the jury of the maximum amount of compensatory damages available under section 201(b)(1) or 201(b)(3). SEC. 409. JUDICIAL REVIEW OF REGULATIONS. 2 USC 1409. In any proceeding brought under section 407 or 408 in which the application of a regulation issued under this Act 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, United States Code, except that with respect to regulations approved by a joint resolution under section 304(c), only the provisions of section 706(2)(B) of title 5, United States Code, shall apply. 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 Act is not subject to judicial review. SEC. 410. OTHER JUDICIAL REVIEW PROHIBITED. 2 USC 1410. Except as expressly authorized by sections 407, 408, and 409, the compliance or noncompliance with the provisions of this Act and any action taken pursuant to this Act shall not be subject to judicial review. SEC. 411. EFFECT OF FAILURE TO ISSUE REGULATIONS. 2 USC 1411. In any proceeding under section 405, 406, 407, or 408, except a proceeding to enforce section 220 with respect to offices listed under section 220(e)(2), if the Board has not issued a regulation on a matter for which this Act requires a regulation to be issued, the hearing officer. Board, or court, as the case may be, 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.

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