---
kind: "section"
citation: "28 U.S.C. § 3903"
title: "28"
title_heading: "Judiciary and Judicial Procedure"
number: "3903"
heading: "Effect of failure to issue regulations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/28/3903"
units:
  - "Part VI — Particular Proceedings"
  - "Chapter 179 — Judicial Review of Certain Actions by Presidential Offices"
---

# §3903. Effect of failure to issue regulations


In any proceeding under section [1296](/usc/28/1296.md) or [1346(g)](/usc/28/1346.md?p=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](/usc/3/chch5.md) of title 3 requires a regulation to be issued, the [court](/usc/28/3002.md?p=2) shall apply, to the extent necessary and appropriate, the most relevant substantive executive [agency](/usc/28/2341.md?p=3) 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.)

## Notes

### 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.