
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 31USC755]

 
                       TITLE 31--MONEY AND FINANCE
 
                           SUBTITLE I--GENERAL
 
                  CHAPTER 7--GENERAL ACCOUNTING OFFICE
 
                 SUBCHAPTER IV--PERSONNEL APPEALS BOARD
 
Sec. 755. Judicial review

    (a) A final decision under section 753(a)(1)-(3), (6),,\1\ (7) or 
(9) of this title may be reviewed by the United States Court of Appeals 
for the Federal Circuit. Chapter 158 of title 28 applies to a review 
under this subchapter, except the petition for review shall be filed by 
the 30th day after the petitioner receives notice of the decision. The 
court shall set aside a final decision the court decides is--
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    \1\ So in original. Second comma probably should follow ``(7)''.
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        (1) arbitrary, capricious, an abuse of discretion, or otherwise 
    not consistent with law;
        (2) not made consistent with required procedures; or
        (3) unsupported by substantial evidence.

    (b) If an officer, employee, applicant for employment, or employee 
of the Architect of the Capitol, the Botanic Garden, or the Senate 
Restaurants is the prevailing party in a proceeding under this section, 
and the decision is based on a finding of discrimination prohibited 
under section 732(f) of this title or under section 312(e)(2) \2\ of the 
Architect of the Capitol Human Resources Act, attorney's fees may be 
allowed by the court in accordance with the standards prescribed under 
section 706(k) of the Civil Rights Act of 1964.
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    \2\ See References in Text note below.
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(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 902; Pub. L. 98-216, 
Sec. 1(1), Feb. 14, 1984, 98 Stat. 3; Pub. L. 100-426, title I, 
Sec. 103(a), (b), Sept. 9, 1988, 102 Stat. 1599; Pub. L. 103-283, title 
III, Sec. 312(e)(4)(C), July 22, 1994, 108 Stat. 1446.)

                                          Historical and Revision Notes
                                                    1982 Act
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---------------------------------
           Revised Section                   Source (U.S. Code)                
Source (Statutes at Large)
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---------------------------------
755..................................  31:52-3(l).                     Feb. 15,
 1980, Pub. L. 96-191, Sec.
                                                                        4(l), 9
4 Stat. 31.
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---------------------------------

    In the section, before clause (1), the first sentence is substituted 
for 31:52-3(l)(1)(1st sentence) for consistency with other titles of the 
United States Code. The word ``review'' is substituted for ``appeal'' 
for consistency. The words ``the procedures of'', ``any other provision 
of law'', ``of a final decision of the Board . . . the date . . . of the 
Board'', and ``In any case filed under paragraph (1) . . . review the 
record and'' are omitted as surplus. The words ``final decision'' are 
substituted for ``agency action, findings, or conclusions'' for 
consistency. Clause (2) is substituted for 31:52-3(l)(2)(B) to eliminate 
unnecessary words.

                            1984 Act

    This clarifies section 755 by conforming it more closely to the 
language of the source provision of the section.

                       References in Text

    Section 312(e)(2) of the Architect of the Capitol Human Resources 
Act, referred to in subsec. (b), was classified to section 166b-7(e)(2) 
of Title 40, Public Buildings, Property, and Works, and was repealed by 
Pub. L. 104-1, title V, Sec. 504(c)(1), Jan. 23, 1995, 109 Stat. 41, 
except as provided in section 1435 of Title 2, The Congress.
    Section 706(k) of the Civil Rights Act of 1964, referred to in 
subsec. (b), is classified to section 2000e-5(k) of Title 42, The Public 
Health and Welfare.


                               Amendments

    1994--Subsec. (a). Pub. L. 103-283, Sec. 312(e)(4)(C)(i), 
substituted ``, (7) or (9)'' for ``or (7)'' in introductory provisions. 
See Application of Provisions Amended by Pub. L. 103-283 note below.
    Subsec. (b). Pub. L. 103-283, Sec. 312(e)(4)(C)(ii), substituted 
``applicant for employment, or employee of the Architect of the Capitol, 
the Botanic Garden, or the Senate Restaurants'' for ``or applicant for 
employment'', and inserted ``or under section 312(e)(2) of the Architect 
of the Capitol Human Resources Act'' after ``of this title''. See 
Application of Provisions Amended by Pub. L. 103-283 note below.
    1988--Subsec. (a). Pub. L. 100-426, Sec. 103(a), (b)(1), designated 
existing provisions as subsec. (a) and substituted ``Federal Circuit'' 
for ``District of Columbia Circuit or by the court of appeals of the 
United States for the circuit in which the petitioner resides''.
    Subsec. (b). Pub. L. 100-426, Sec. 103(b)(2), added subsec. (b).
    1984--Pub. L. 98-216 substituted ``A final decision under section 
753(a)(1)-(3), (6), or (7) of this title may be reviewed by the United 
States Court of Appeals for the District of Columbia Circuit or by the 
court of appeals of the United States for the circuit in which the 
petitioner resides'' for ``A person may apply for review of a final 
decision under section 753(a)(1)-(3), (6), or (7) of this title by 
filing a petition for review with the United States Court of Appeals for 
the District of Columbia Circuit or with the court of appeals of the 
United States for the circuit in which the person resides'' in 
provisions preceding par. (1).


                    Effective Date of 1988 Amendment

    Section 103(c) of Pub. L. 100-426 provided that: ``Nothing in any of 
the amendments made by this section [amending this section] shall apply 
with respect to an appeal pending on the date of the enactment of this 
Act [Sept. 9, 1988].''


          Application of Provisions Amended by Pub. L. 103-283

    Provisions of this section amended by section 312(e) of Pub. L. 103-
283 to be applied and administered as if section 312(e) and the 
amendments made by section 312(e) had not been enacted, see section 
504(c)(2) of Pub. L. 104-1, set out as a note under section 751 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in section 732 of this title.
