§755 — Title 31 Money and Finance | U.S. Code

Summary

The U.S. Court of Appeals for the Federal Circuit can review final decisions listed in section 753(a)(1)–(3), (6), (7), or (9) of this title. The rules in chapter 158 of title 28 apply, except anyone asking for review must file their petition by the 30th day after they get notice of the decision. The court must overturn a decision if it was random or unfair, if required procedures were not followed, or if there is not enough evidence to support it. If an officer, employee, job applicant, or an employee of the Architect of the Capitol, the Botanic Garden, or the Senate Restaurants wins and the case involved discrimination found under section 732(f) or section 312(e)(2) of the Architect of the Capitol Human Resources Act, the court may award attorney’s fees under the standards of section 706(k) of the Civil Rights Act of 1964.

Title 31, §755

Money and Finance — Source: USLM XML via OLRC

(a)A final decision under section 753(a)(1)–(3), (6),,11 So in original. Second comma probably should follow “(7)”. (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—

(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) 22 See References in Text note below. 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.

Notes & Related Subsidiaries

Historical and Revision Notes

1982 Act Revised SectionSource (U.S. Code)Source (Statutes at Large) 75531:52–3(l).Feb. 15, 1980, Pub. L. 96–191, § 4(l), 94 Stat. 31. 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 ActThis clarifies section 755 by conforming it more closely to the language of the source provision of the section.

Editorial Notes

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 1831(e)(2) of Title 2, The Congress, and was repealed by Pub. L. 104–1, title V, § 504(c)(1), Jan. 23, 1995, 109 Stat. 41, except as provided in section 1435 of Title 2. 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, § 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, § 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, § 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, § 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).

Statutory Notes and Related Subsidiaries

Effective Date

of 1988 Amendment Pub. L. 100–426, title I, § 103(c), Sept. 9, 1988, 102 Stat. 1599, 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. 103–283Provisions 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.

§755 Judicial review

Summary

Title 31, §755

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Amendments

Citations & Metadata