31 U.S.C. § 754 — Action by the Comptroller General

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 (a)(9), was classified to section 1831(e)(2) of Title 2, The Congress, and was repealed by Pub.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 subsection (d)’’ for ‘‘under subsection (c)’’. Former subsec. (c) redesignated (d). Subsecs. (d), (e). Pub. L. 104–53, § 213(1), redesignated subsecs. (c) and (d) as (d) and (e), respectively. 1994—Subsec. (a)(9). Pub. L. 103–283 added par. (9). See Application of Provisions Amended by Pub. L. 103–283 note below. Statutory Notes and Related Subsidiaries CHANGE OF NAME General Accounting Office redesignated Government Accountability Office. See section 8 of Pub. L. 108–271, set out as a note under section 702 of this title. 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. § 754. Action by the Comptroller General When the Comptroller General has authority, the Comptroller General promptly shall carry out action the General Accounting Office Per- sonnel Appeals Board 1 orders under section 753 of this title. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 902.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 754 .......... 31:52–3(i). Feb. 15, 1980, Pub. L. 96–191, § 4(i), 94 Stat. 31. The words ‘‘to do so’’ and ‘‘corrective’’ are omitted as surplus. The words ‘‘under section 753 of this title’’ are added for clarity. Statutory Notes and Related Subsidiaries CHANGE OF NAME General Accounting Office redesignated Government Accountability Office. See section 8 of Pub. L. 108–271, set out as a note under section 702 of this title. § 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 Fed- eral Circuit. Chapter 158 of title 28 applies to a review under this subchapter, except the peti- tion for review shall be filed by the 30th day after the petitioner receives notice of the deci- sion. The court shall set aside a final decision the court decides is— (1) arbitrary, capricious, an abuse of discre- tion, or otherwise not consistent with law; (2) not made consistent with required proce- dures; or (3) unsupported by substantial evidence. (b) If an officer, employee, applicant for em- ployment, or employee of the Architect of the Capitol, the Botanic Garden, or the Senate Res- taurants is the prevailing party in a proceeding under this section, and the decision is based on a finding of discrimination prohibited under sec- tion 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. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 902; Pub. L. 98–216, § 1(1), Feb. 14, 1984, 98 Stat. 3; Pub. L. 100–426, title I, § 103(a), (b), Sept. 9, 1988, 102 Stat. 1599; Pub. L. 103–283, title III, § 312(e)(4)(C), July 22, 1994, 108 Stat. 1446.) HISTORICAL AND REVISION NOTES 1982 ACT Revised Section Source (U.S. Code) Source (Statutes at Large) 755 .......... 31:52–3(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.