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5 U.S.C. § 7701

Appellate procedures

United States · Title 5 — GOVERNMENT ORGANIZATION AND EMPLOYEES · Status: effective

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5 U.S.C. § 7701, Appellate procedures, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/427344
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Full text

An employee, or applicant for employment, may submit an appeal to the Merit Systems Protection Board from any action which is appealable to the Board under any law, rule, or regulation. An appellant shall have the right— If an employee or applicant for employment is the prevailing party in an appeal under this subsection, the employee or applicant shall be granted the relief provided in the decision effective upon the making of the decision, and remaining in effect pending the outcome of any petition for review under subsection (e), unless— Subject to paragraph (2) of this subsection, the decision of the agency shall be sustained under subsection (b) only if the agency’s decision— Notwithstanding paragraph (1), the agency’s decision may not be sustained under subsection (b) of this section if the employee or applicant for employment— In any case in which— Except as provided in section 7702 of this title, any decision under subsection (b) of this section shall be final unless— The Board, or an administrative law judge or other employee of the Board designated to hear a case, may—

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone. The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.

  • Amended byPub. L. 95-454(S. 2640)1978-10-13
    Civil Service Reform Act of 1978
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 96-54(H.R. 4616)1979-08-14
    A bill to make certain technical and clerical amendments to title 5, United States Code.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 99-386(S. 992)1986-08-22
    Congressional Reports Elimination Act of 1986
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 101-12(S. 20)1989-04-10
    Whistleblower Protection Act of 1989
    House: no recorded tallySenate: 97–0
  • Amended byPub. L. 101-194(H.R. 3660)1989-11-30
    Ethics Reform Act of 1989
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 101-280(H.J.Res. 553)1990-05-04
    To make technical changes in the Ethics Reform Act of 1989.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 101-376(H.R. 3086)1990-08-17
    Civil Service Due Process Amendments
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 102-175(H.R. 2270)1991-12-02
    Senior Executive Service Improvements Act
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 102-378(H.R. 2850)1992-10-02
    Technical and Miscellaneous Civil Service Amendments Act of 1992
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 107-296(H.R. 5005)2002-11-25
    Homeland Security Act of 2002