Respondents relied on 2 of the Mandamus and Venue Act of 1962 (Act), 28 U.S.C. 1391 (e), which provides in part that [a] civil action in which a defendant is an officer or employee of the United States or any agency thereof acting in his official capacity or under color of legal authority . . . may, except as otherwise provided by law, be brought in any judicial district in which (1) a defendant