(2) Any member of the Board requested by the Special Counsel to order a stay under paragraph (1) of this subsection shall order such stay unless the member determines that, under the facts and circumstances involved, such a stay would not be appropriate.

(3) Unless denied under paragraph (2) of this subsection, any stay inder this subsection shall be granted within 3 calendar days (excludng Saturdays, Sundays, and legal holidays) after the date of the request for the stay by the Special Counsel.

(b) Any member of the Board may, on the request of the Special Counsel, extend the period of any stay ordered under subsection (a) of his section for a period of not more than 30 calendar days.

(c) The Board may extend the period of any stay granted under ubsection (a) of this section for any period which the Board considers ppropriate, but only if the Board concurs in the determination of the Special Counsel under such subsection, after an opportunity is provided for oral or written comment by the Special Counsel and the gency involved. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1130.)

1209. Information

(a) Notwithstanding any other provision of law or any rule, reguation or policy directive, any member of the Board, or any employee of the Board designated by the Board, may transmit to the Congress on he request of any committee or subcommittee thereof, by report, testinony, or otherwise, information and views on functions, responsibiliies, or other matters relating to the Board, without review, clearance, or approval by any other administrative authority.

(b) The Board shall submit an annual report to the President and he Congress on its activities, which shall include a description of sigificant actions taken by the Board to carry out its functions under this itle. The report shall also review the significant actions of the Office f Personnel Management, including an analysis of whether the ctions of the Office of Personnel Management are in accord with merit stem principles and free from prohibited personnel practices. Pub. L. 95-454, § 202 (a), Oct. 13, 1978, 92 Stat. 1131.)

CHAPTER 13-SPECIAL AUTHORITY

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1301. Rules.

1302. Regulations.

1303. Investigations; reports.

1304. Loyalty investigations; reports; revolving fund. 1305. Administrative law judges.

1306. Oaths to witnesses.

1307. Minutes.

1308. Annual reports.

§ 1301. Rules

The Office of Personnel Management shall aid the President, as may request, in preparing the rules he prescribes under this title for th administration of the competitive service. (Pub. L. 89-554, Sept. . 1966, 80 Stat. 401; amended Pub. L. 95-454, Oct. 13, 1978, 92 Sta 1224.)

§ 1302. Regulations

(a) The Office of Personnel Management, subject to the rules pr scribed by the President under this title for the administration of t competitive service, shall prescribe regulations for, control, supervi and preserve the records of, examinations for the competitive servis

(b) The Office shall prescribe and enforce regulations for the admir istration of the provisions of this title, and Executive orders issued furtherance thereof, that implement the Congressional policy th preference shall be given to preference eligibles in certification f appointment, and in appointment, reinstatement, reemployment, an retention, in the competitive service in Executive agencies, permane or temporary, and in the government of the District of Columbia.

(c) The Office shall prescribe regulations for the administration the provisions of this title that implement the Congressional poli that preference shall be given to preference eligibles in certificatio for appointment, and in appointment, reinstatement, reemployme and retention, in the excepted service in Executive agencies, permane or temporary, and in the government of the District of Columbia.

(d) The Office may prescribe reasonable procedure and regulation for the administration of its functions under chapter 15 of this ti (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 401; amended Pub. L. 95-4 Oct. 13, 1978, 92 Stat. 1224.)

§ 1303. Investigations; reports

The Office of Personnel Management, Merit Systems Protecti Board, and Special Counsel may investigate and report on matte concerning

(1) the enforcement and effect of the rules prescribed by President under this title for the administration of the comp

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tive service and the regulations prescribed by the Office of Personnel Management under section 1302 (a) of this title; and

(2) the action of an examiner, a board of examiners, and other employees concerning the execution of the provisions of this title that relate to the administration of the competitive service. Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 401; amended Pub. L. 95–454, ct. 13, 1978, 92 Stat. 1224.)

1304. Loyalty investigations; reports; revolving fund

(a) The Office of Personnel Management shall conduct the investitions and issue the reports required by the following statutes— (1) sections 272b, 281b (e), and 209a of title 22;

(2) section 1874 (c) of title 42; and

(3) section 1203 (e) of title 6, District of Columbia Code. (b) When an investigation under subsection (a) of this section evelops data indicating that the loyalty of the individual being invesgated is questionable, the Office shall refer the matter to the Federal ureau of Investigation for a full field investigation, a report of which all be furnished to the Office for its information and appropriate etion.

(c) When the President considers it in the national interest, he ay have the investigations of a group or class, which are required y subsection (a) of this section, made by the Federal Bureau of vestigation rather than the Office.

(d) The investigation and report required by subsection (a) of this ction shall be made by the Federal Bureau of Investigation rather an the Office for those specific positions which the Secretary of State rtifies are of a high degree of importance or sensitivity. (e) (1) A revolving fund is available, to the Office without fiscal year nitation, for financing investigations, training and such other funcns as the Office is authorized or required to perform on a reimbursle basis. However, the functions which may be financed in any fiscal ir by the fund are restricted to those functions which are covered the budget estimates submitted to the Congress for that fiscal year. the maximum extent feasible, each individual activity shall be ducted generally on an actual cost basis over a reasonable period of

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2) The capital of the fund consists of the aggregate of

(A) appropriations made to provide capital for the fund, which appropriations are hereby authorized; and

(B) the sum of the fair and reasonable value of such supplies, equipment, and other assets as the Office from time to time transfers to the fund (including the amount of the unexpended balances of appropriations or funds relating to activities the financing of I which is transferred to the fund) less the amount of related liabili ties, the amount of unpaid obligations, and the value of accrued annual leave of employees, which are attributable to the activities the financing of which is transferred to the fund.

3) The fund shall be credited with

(A) advances and reimbursements from available funds of the Office or other agencies, or from other sources, for those services and supplies provided at rates estimated by the Office as adequate

to recover expenses of operation (including provision for accrue annual leave of employees and depreciation of equipment); an:

(B) receipts from sales or exchanges of property, and paymer: for loss of or damage to property, accounted for under the fur:! (4) Any unobligated and unexpended balances in the fund whi the Office determines to be in excess of amounts needed for activiti financed by the fund shall be deposited in the Treasury of the Unite States as miscellaneous receipts.

(5) The Office shall prepare a business-type budget providing fi disclosure of the results of operations for each of the functions pe formed by the Office and financed by the fund, and such budget shall b transmitted to the Congress and considered, in the manner prescribe by law for wholly owned Government corporations.

(6) The Comptroller General of the United States shall, as a rest. of his periodic reviews of the activities financed by the fund, report a make such recommendations as he deems appropriate to the Ca mittees on Post Office and Civil Service of the Senate and House: Representatives at least once every three years.

(f) An agency may use available appropriations to reimburse t Office or the Federal Bureau of Investigation for the cost of investig tions, training, and functions performed for them under this secti or to make advances toward their cost. These advances and reimbus ments shall be credited directly to the applicable appropriations : the Office or the Federal Bureau of Investigation.

(g) This section does not affect the responsibility of the Feder Bureau of Investigation to investigate espionage, sabotage, or s versive acts. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 401, amend Pub. L. 91-189, Dec. 30, 1969, 83 Stat. 851; Pub. L. 91-648, §5. Jan. 5, 1971, 84 Stat. 1928; amended Pub. L. 95-454, Oct. 13, 1978, E Stat. 1224; Pub. L. 96-60, Aug. 15, 1979, 93 Stat. 398.)

§ 1305. Administrative law judges

For the purpose of sections 3105, 3344, 4301 (2) (D), and 5372 1 this title and the provisions of section 5335 (a) (B) of this title th relate to administrative law judges, the Office of Personnel Manag ment may, and for the purpose of section 7521 of this title, the Me Systems Protection Board may investigate, require reports by ag cies, issue reports, including an annual report to Congress, prescri regulations, appoint advisory committees as necessary, recomme legislation, subpena witnesses and records, and pay witness fees 1 established for the courts of the United States. (Pub. L. 89Sept. 6, 1966, 80 Stat. 402, amended Pub. L. 90-83, § 1(3), Sept. 1967, 81 Stat. 196; Pub. L. 95-251, Mar. 27, 1978, 92 Stat. 183; Pub. 95-454, Oct. 13, 1978, 92 Stat. 1225.)

§ 1306. Oaths to witnesses

The Director of the Office of Personnel Management and author representatives of the Director may administer oaths to witnesses matters pending before the Office. (Pub. L. 95-454, Oct. 13, 1978. Stat. 1226.)

§ 1307. Minutes

The Office of Personnel Management shall keep minutes of proceedings. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 402; amer Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1224.)

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1308. Annual reports

(a) The Office shall publish an annual report on the operation of subchapter III of chapter 83 of this title, including a statement concerning the status of the Civil Service Retirement and Disability Fund.

(b) The Office shall report annually to Congress on the operation of chapter 87 of this title.

(c) The Office shall report annually to Congress on the operation of chapter 89 of this title. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 102, amended Pub. L. 91-93, § 104, Oct. 20, 1969, 81 Stat. 138; Pub. L. 93-156, Nov. 21, 1973, 87 Stat. 623; Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96–54, Aug. 14, 1979, 93 Stat. 381; Pub. L. 96– 170, Oct. 19, 1980, 94 Stat. 2241.)