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31 U.S.C. § 755 — Judicial review

Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 755 — Judicial review

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section732/f&num=0&edition=prelim) 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.

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Source file: Laws/federal/codes/united-states-code/title-31/section-755-judicial-review--f475c8ab9b.md
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Source location: Title 31, Chapter 7, § 755; chapter-007-government-accountability-office.md

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 751 — Organization

**(a)** The Government Accountability Office has a General Accounting Office Personnel Appeals Board.11 See Change of Name note below. The Board is composed of 5 members appointed by the Comptroller General. An individual may be appointed only if the individual— (1) is not a current or former officer or employee of the Office or of the Architect of the Capitol, the Botanic Garden, or the Senate Restaurants,; 22 So in original. The comma probably should not appear. (2) has the demonstrated ability, background, training, and experience necessary to be qualified specially to serve on the Board; and (3) demonstrates a capacity and willingness to devote sufficient time to dispose of cases in a timely way. **(b)** The Comptroller General shall appoint members only— (1) after considering any candidates who are recommended to the Comptroller General (at such time and in such manner as the Comptroller General requires) by organizations composed primarily of individuals experienced in adjudicating or arbitrating personnel matters; and (2) after the Comptroller General consults with organizations representing employees of the Office and with any member of each committee of Congress, having legislative jurisdiction over the personnel management system maintained under [section 732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section732&num=0&edition=prelim), whom the chairman of the committee designates. **(c)** (1) Except as provided in paragraph (2), the term of a member of the Board is 5 years. A member may not be reappointed. An individual appointed to fill a vacancy occurring before the expiration of a term of office is appointed for the remainder of the term. However, if the unexpired part of a term is less than one year, the Com

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1435 — Savings provisions

**(a) Transition provisions for employees of House of Representatives and of Senate** (1) **Claims arising before effective date** — If, as of the date on which [section 1311 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1311&num=0&edition=prelim) takes effect, an employee of the Senate or the House of Representatives has or could have requested counseling under section 305 11 See References in Text note below. of the Government Employees Rights Act of 1991 or Rule LI of the House of Representatives, including counseling for alleged violations of family and medical leave rights under title V of the Family and Medical Leave Act of 1993, the employee may complete, or initiate and complete, all procedures under the Government Employees Rights Act of 1991 and Rule LI, and the provisions of that Act and Rule shall remain in effect with respect to, and provide the exclusive procedures for, those claims until the completion of all such procedures. (2) **Claims arising between effective date and opening of Office** — If a claim by an employee of the Senate or House of Representatives arises under section 1311 or 1312 of this title after the effective date of such sections, but before the opening of the Office for receipt of requests for counseling or mediation under sections 1402 and 1403 of this title, the provisions of the Government Employees Rights Act of 1991 and Rule LI of the House of Representatives relating to counseling and mediation shall remain in effect, and the employee may complete under that Act or Rule the requirements for counseling and mediation under sections 1402 and 1403 of this title. If, after counseling and mediation is completed, the Office has not yet opened for the filing of a timely complaint under [sect

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 732 — Personnel management system

**(a)** The Comptroller General shall maintain a personnel management system. The Comptroller General may prescribe a regulation about the system only after notice and opportunity for public comment. A reprisal or threat of reprisal may not be made against an officer or employee of the Government Accountability Office because of comments on a proposed regulation about the system. **(b)** The personnel management system shall— (1) include the principles of [section 2301(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2301/b&num=0&edition=prelim); (2) prohibit personnel practices prohibited under [section 2302(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2302/b&num=0&edition=prelim); (3) prohibit political activities prohibited under subchapter III of chapter 73 of title 5; (4) ensure that officers and employees of the Office are appointed, promoted, and assigned only on the basis of merit and fitness, but without regard to those provisions of title 5 governing appointments and other personnel actions in the competitive service; (5) give a preference to an individual eligible for a preference in the executive branch of the United States Government in a way and to an extent consistent with a preference given an individual in the executive branch; and (6) provide that the Comptroller General shall fix the basic pay of officers and employees of the Office not fixed by law, consistent with [section 5301 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5301&num=0&edition=prelim), except as provided under subsection (c)(3) of this section and [section 733(a)(3)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-s

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 755 — Judicial review

Page 106 TITLE 31—MONEY AND FINANCE § 754 1 See Change of Name note below. 1 So in original. Second comma probably should follow ‘‘(7)’’. 2 See References in Text note below. HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 753(b) ...... 31:52–3(j). 753(c) ...... 31:52–3(k). 753(d) ...... 31:52–3(m). In the section, the words ‘‘officer or’’ are added for consistency in the revised title and with other titles of the United States Code. In subsection (a), before clause (1), the words ‘‘de- cide’’ and ‘‘(where appropriate)’’ are omitted as surplus. In clause (6), the words ‘‘relations program’’ are sub- stituted for ‘‘system’’ for consistency. In clause (8), the words ‘‘most appropriately’’ are omitted as surplus. In subsection (b), the words ‘‘delegate . . . to act’’ are substituted for ‘‘designate . . . to take any action which the Board is authorized to take’’ for consistency and to eliminate unnecessary words. The words ‘‘indi- vidual’’ and ‘‘reopened and’’ are omitted as surplus. In subsection (c), the words ‘‘reopen and’’ are omitted as surplus. In subsection (d)(1), the words ‘‘the principles of’’ are omitted as surplus. Editorial Notes REFERENCES IN TEXT Section 312(e)(2) of the Architect of the Capitol Human Resources Act, referred to in subsec. (a)(9), 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. AMENDMENTS 1995—Subsec. (b). Pub. L. 104–53, § 213(2), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 104–53, § 213(1), (3), redesignated subsec. (b) as (c) and in second sentence substituted ‘‘under subse

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