§ 1407. — Judicial review of Board decisions and enforcement.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 2USC1407]
TITLE 2--THE CONGRESS
CHAPTER 24--CONGRESSIONAL ACCOUNTABILITY
SUBCHAPTER IV--ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION PROCEDURES
Sec. 1407. Judicial review of Board decisions and enforcement
(a) Jurisdiction
(1) Judicial review
The United States Court of Appeals for the Federal Circuit shall
have jurisdiction over any proceeding commenced by a petition of--
(A) a party aggrieved by a final decision of the Board under
section 1406(e) of this title in cases arising under part A of
subchapter II of this chapter,
(B) a charging individual or a respondent before the Board
who files a petition under section 1331(d)(4) of this title,
(C) the General Counsel or a respondent before the Board who
files a petition under section 1341(c)(5) of this title, or
(D) the General Counsel or a respondent before the Board who
files a petition under section 1351(c)(3) of this title.
The court of appeals shall have exclusive jurisdiction to set aside,
suspend (in whole or in part), to determine the validity of, or
otherwise review the decision of the Board.
(2) Enforcement
The United States Court of Appeals for the Federal Circuit shall
have jurisdiction over any petition of the General Counsel, filed in
the name of the Office and at the direction of the Board, to enforce
a final decision under section 1405(g) or 1406(e) of this title with
respect to a violation of part A, B, C, or D of subchapter II of
this chapter.
(b) Procedures
(1) Respondents
(A) In any proceeding commenced by a petition filed under
subsection (a)(1)(A) or (B) of this section, or filed by a party
other than the General Counsel under subsection (a)(1)(C) or (D) of
this section, the Office shall be named respondent and any party
before the Board may be named respondent by filing a notice of
election with the court within 30 days after service of the
petition.
(B) In any proceeding commenced by a petition filed by the
General Counsel under subsection (a)(1)(C) or (D) of this section,
the prevailing party in the final decision entered under section
1406(e) of this title shall be named respondent, and any other party
before the Board may be named respondent by filing a notice of
election with the court within 30 days after service of the
petition.
(C) In any proceeding commenced by a petition filed under
subsection (a)(2) of this section, the party under section 1405 or
1406 of this title that the General Counsel determines has failed to
comply with a final decision under section 1405(g) or 1406(e) of
this title shall be named respondent.
(2) Intervention
Any party that participated in the proceedings before the Board
under section 1406 of this title and that was not made respondent
under paragraph (1) may intervene as of right.
(c) Law applicable
Chapter 158 of title 28 shall apply to judicial review under
paragraph (1) of subsection (a) of this section, except that--
(1) with respect to section 2344 of title 28, service of a
petition in any proceeding in which the Office is a respondent shall
be on the General Counsel rather than on the Attorney General;
(2) the provisions of section 2348 of title 28, on the authority
of the Attorney General, shall not apply;
(3) the petition for review shall be filed not later than 90
days after the entry in the Office of a final decision under section
1406(e) of this title; and
(4) the Office shall be an ``agency'' as that term is used in
chapter 158 of title 28.
(d) Standard of review
To the extent necessary for decision in a proceeding commenced under
subsection (a)(1) of this section and when presented, the court shall
decide all relevant questions of law and interpret constitutional and
statutory provisions. The court shall set aside a final decision of the
Board if it is determined that the decision was--
(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.
(e) Record
In making determinations under subsection (d) of this section, the
court shall review the whole record, or those parts of it cited by a
party, and due account shall be taken of the rule of prejudicial error.
(Pub. L. 104-1, title IV, Sec. 407, Jan. 23, 1995, 109 Stat. 35.)
Section Referred to in Other Sections
This section is referred to in sections 1331, 1341, 1351, 1361,
1401, 1409, 1410, 1411, 1413, 1416 of this title.
