# § 755. Judicial review
**1** 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—
So in original. Second comma probably should follow “(7)”.
**(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.
**2** 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.
See References in Text note below.
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**Source Credit**: (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.)
| 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()(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()(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.
## 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 , The Congress, and was repealed by , , , except as provided in .
Section 706(k) of the Civil Rights Act of 1964, referred to in subsec. (b), is classified to , The Public Health and Welfare.
### Amendments
1994—Subsec. (a). , substituted “, (7) or (9)” for “or (7)” in introductory provisions. See Application of Provisions Amended by note below.
Subsec. (b). , 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 note below.
1988—Subsec. (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). , added subsec. (b).
1984— 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
> “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 [
>
> ].”
, , , provided that:
### Application of Provisions Amended by Pub. L. 103–283
Provisions of this section amended by to be applied and administered as if section 312(e) and the amendments made by section 312(e) had not been enacted, see , set out as a note under .