Page:United States Statutes at Large Volume 92 Part 1.djvu/1194

 92 STAT. 1140

.i(IIS;!! .iu Report to Congress.

Regulations.

5 USC 7702.

42 USC 2000e-16. .,

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PUBLIC LAW 95-454—OCT. 13, 1978 and reconsiders a case at the request of the Office of Personnel Management under subsection (d) of this section. " (i)(l) Upon the submission of any appeal to the Board under this section, the Board, through reference to such categories of cases, or other means, as it determines appropriate, shall establish and announce publicly the date by which it intends to complete action on the matter. Such date shall assure expeditious consideration of the appeal, consistent with the interests of fairness and other priorities of the Board. If the Board fails to complete action on the appeal by the announced date, and the expected delay will exceed 30 days, the Board shall publicly announce the new date by which it intends to complete action on the appeal. "(2) Not later than March 1 of each year, the Board shall submit to the Congress a report describing the number of appeals submitted to it during the preceding calendar year, the number of appeals on which it completed action durina: that year, and the number of instances during that year in which it failed to conclude a proceeding by the date originally announced, together with an explanation of the reasons therefor. "(3) The Board shall by rule indicate any other category of significant Board action which the Board determines should be subject to the provisions of this subsection. "(4) It shall be the duty of the Board, an administrative law judge, or employee designated by the Board to hear any proceeding under this section to expedite to the extent practicable that proceeding. "(j) The Board may prescribe regulations to carry out the purpose of this section. "§ 7702. Actions involving discrimination "(a)(1) Notwithstanding any other provision of law, and except as provided in paragraph (2) of this subsection, in the case of any employee or applicant for employment who— "(A) has been effected by an action which the employee or applicant may appeal to the Merit Systems Protection Board, and "(B) alleges that a basis for the action was discrimination prohibited by— "(i) section 717 of the Civil Eights Act of 1964 (42 U.S.C. 2000e-16c), " (ii) section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)), "(iii) section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), "(iv) sections 12 and 15 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 631,633a), or "(v) any rule, regulation, or policy directive prescribed under any provision of law described in clauses (i) through (iv) of this subparagraph, the Board shall, within 120 days of the filing of the appeal, decide both the issue of discrimination and the appealable action in accordance with the Board's appellate procedures under section 7701 of this title and this section. "(2) In any matter before an agency- which involves— "(A) any action described in paragraph (1)(A) of this subsection; and "(B) any issue of discrimination prohibited under any provision of law described in paragraph (1)(B) of this subsection;

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