Page:United States Statutes at Large Volume 92 Part 1.djvu/1178

 92 STAT. 1124

Ante, p. 1119.

Ante, p. 1114.

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Regulations. Publication in Federal Register.

5 USC 3324. Post, p. 1161.

PUBLIC LAW 95-454—OCT. 13, 1978 "(e)(1) At any time after the effective date of any rule or regulation issued by the Director in carrying out functions under section 1103 of this title, the Board shall review any provision of such rule or regulation— " (A) on its own motion; "(B) on the granting by the Board, in its sole discretion, of any petition for such review filed with the Board by any interested person, after consideration of the petition by the Board; or "(C) on the filing of a written complaint by the Special Counsel requesting such review. "(2) In reviewing any provision of any rule or regulation pursuant to this subsection the Board shall declare such provision— "(A) invalid on its face, if the Board determines that such provision would, if implemented by any agency, on its face, require any employee to violate section 2302(b) of this title; or "(B) invalidly implemented by any agency, if the Board determines that such provision, as it has been implemented by the agency through any personnel action taken by the agency or through any policy adopted by the agency in conformity with such provision, has required any employee to violate section 2302 (b) of this title. "(3)(A) The Director of the Office of Personnel Management, and the head of any agency implementing any provision of any rule or regulation under review pursuant to this subsection, shall have the right to participate in such review. "(B) Any review conducted by the Board pursuant to this subsection shall be limited to determining— "(i) the validity on its face of the provision under review; and "(ii) w'hether the provision under review has been validly implemented. "(C) The Board shall require any agency.— "(i) to cease compliance with any provisions of any rule or regulation which the Board declares under this subsection to be invalid on its face; and "(ii) to correct any invalid implementation by the agency of any provision of any rule or regulation which the Board declares under this subsection to have been invalidly implemented by the agency. "(f) The Board may delegate the performance of any of its administrative fimctions under this title to any employee of the Board. "(g) The Board shall have the authority to prescribe such regulations as may be necessary for the performance of its functions. The Board shall not issue advisory opinions. All regulations of the Board shall be published in the Federal Register. " (h) Except as provided in section 518 of title 28, relating to litigation before the Supreme Court, attorneys designated by the Chairman of the Board may appear for the Board, and represent the Board, in any civil action brought in connection with any function carried out by the Board pursuant to this title or as otherwise authorized by law. "(i) The Chairman of the Board may appoint such personnel as may be necessary to perform the functions of the Board. Any appointment made under this subsection shall comply with the provisions of this title, except that such appointment shall not be subject to the approval or supervision of the Office of Personnel Management or the Executive Office of the President (other than approval required under section 3324 or subchapter VIII of chapter 33 of this title).

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