
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC7703]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
           Subpart F--Labor-Management and Employee Relations
 
                           CHAPTER 77--APPEALS
 
Sec. 7703. Judicial review of decisions of the Merit Systems 
        Protection Board
        
    (a)(1) Any employee or applicant for employment adversely affected 
or aggrieved by a final order or decision of the Merit Systems 
Protection Board may obtain judicial review of the order or decision.
    (2) The Board shall be named respondent in any proceeding brought 
pursuant to this subsection, unless the employee or applicant for 
employment seeks review of a final order or decision on the merits on 
the underlying personnel action or on a request for attorney fees, in 
which case the agency responsible for taking the personnel action shall 
be the respondent.
    (b)(1) Except as provided in paragraph (2) of this subsection, a 
petition to review a final order or final decision of the Board shall be 
filed in the United States Court of Appeals for the Federal Circuit. 
Notwithstanding any other provision of law, any petition for review must 
be filed within 60 days after the date the petitioner received notice of 
the final order or decision of the Board.
    (2) Cases of discrimination subject to the provisions of section 
7702 of this title shall be filed under section 717(c) of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e-16(c)), section 15(c) of the Age 
Discrimination in Employment Act of 1967 (29 U.S.C. 633a(c)), and 
section 16(b) of the Fair Labor Standards Act of 1938, as amended (29 
U.S.C. 216(b)), as applicable. Notwithstanding any other provision of 
law, any such case filed under any such section must be filed within 30 
days after the date the individual filing the case received notice of 
the judicially reviewable action under such section 7702.
    (c) In any case filed in the United States Court of Appeals for the 
Federal Circuit, the court shall review the record and hold unlawful and 
set aside any agency action, findings, or conclusions found to be--
        (1) arbitrary, capricious, an abuse of discretion, or otherwise 
    not in accordance with law;
        (2) obtained without procedures required by law, rule, or 
    regulation having been followed; or
        (3) unsupported by substantial evidence;

except that in the case of discrimination brought under any section 
referred to in subsection (b)(2) of this section, the employee or 
applicant shall have the right to have the facts subject to trial de 
novo by the reviewing court.
    (d) The Director of the Office of Personnel Management may obtain 
review of any final order or decision of the Board by filing, within 60 
days after the date the Director received notice of the final order or 
decision of the Board, a petition for judicial review in the United 
States Court of Appeals for the Federal Circuit if the Director 
determines, in his discretion, that the Board erred in interpreting a 
civil service law, rule, or regulation affecting personnel management 
and that the Board's decision will have a substantial impact on a civil 
service law, rule, regulation, or policy directive. If the Director did 
not intervene in a matter before the Board, the Director may not 
petition for review of a Board decision under this section unless the 
Director first petitions the Board for a reconsideration of its 
decision, and such petition is denied. In addition to the named 
respondent, the Board and all other parties to the proceedings before 
the Board shall have the right to appear in the proceeding before the 
Court of Appeals. The granting of the petition for judicial review shall 
be at the discretion of the Court of Appeals.

(Added Pub. L. 95-454, title II, Sec. 205, Oct. 13, 1978, 92 Stat. 1143; 
amended Pub. L. 97-164, title I, Sec. 144, Apr. 2, 1982, 96 Stat. 45; 
Pub. L. 101-12, Sec. 10, Apr. 10, 1989, 103 Stat. 35; Pub. L. 105-311, 
Sec. 10(a), Oct. 30, 1998, 112 Stat. 2954.)

                       References in Text

    The civil service law, referred to in subsec. (d), is set out in 
this title. See, particularly, section 3301 et seq. of this title.


                               Amendments

    1998--Subsec. (b)(1). Pub. L. 105-311, Sec. 10(a)(1), substituted 
``within 60 days'' for ``within 30 days''.
    Subsec. (d). Pub. L. 105-311, Sec. 10(a)(2), in first sentence, 
inserted ``, within 60 days after the date the Director received notice 
of the final order or decision of the Board,'' after ``filing''.
    1989--Subsec. (a)(2). Pub. L. 101-12 amended par. (2) generally. 
Prior to amendment, par. (2) read as follows: ``The Board shall be the 
named respondent in any proceeding brought pursuant to this subsection, 
unless the employee or applicant for employment seeks review of a final 
order or decision issued by the Board under section 7701. In review of a 
final order or decision issued under section 7701, the agency 
responsible for taking the action appealed to the Board shall be the 
named respondent.''
    1982--Subsec. (b)(1). Pub. L. 97-164, Sec. 144(1), substituted 
``United States Court of Appeals for the Federal Circuit'' for ``Court 
of Claims or a United States court of appeals as provided in chapters 91 
and 158, respectively, of title 28''.
    Subsec. (c). Pub. L. 97-164, Sec. 144(2), substituted ``Court of 
Appeals for the Federal Circuit'' for ``Court of Claims or a United 
States court of appeals''.
    Subsec. (d). Pub. L. 97-164, Sec. 144(3), substituted ``United 
States Court of Appeals for the Federal Circuit'' for ``United States 
Court of Appeals for the District of Columbia''.


                    Effective Date of 1998 Amendment

    Pub. L. 105-311, Sec. 10(b), Oct. 30, 1998, 112 Stat. 2954, provided 
that: ``The amendments made by this section [amending this section] 
shall take effect on the date of enactment of this Act [Oct. 30, 1998], 
and apply to any suit, action, or other administrative or judicial 
proceeding pending on such date or commenced on or after such date.''


                    Effective Date of 1989 Amendment

    Amendment by Pub. L. 101-12 effective 90 days following Apr. 10, 
1989, see section 11 of Pub. L. 101-12, set out as a note under section 
1201 of this title.


                    Effective Date of 1982 Amendment

    Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402 
of Pub. L. 97-164, set out as a note under section 171 of Title 28, 
Judiciary and Judicial Procedure.


                             Effective Date

    Section effective 90 days after Oct. 13, 1978, see section 907 of 
Pub. L. 95-454, set out as an Effective Date of 1978 Amendment note 
under section 1101 of this title.


                            Savings Provision

    For effect of Pub. L. 101-12 on orders, rules, and regulations 
issued before effective date of Pub. L. 101-12, administrative 
proceedings pending at time provisions of Pub. L. 101-12 take effect, 
and suits and other proceedings as in effect immediately before 
effective date of Pub. L. 101-12, see section 7 of Pub. L. 101-12 set 
out as a note under section 1201 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1214, 1215, 1221, 7121, 
8347, 8461 of this title; title 28 section 1295; title 38 section 4324.
