Page:United States Statutes at Large Volume 91.djvu/625

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PUBLIC LAW 95-000—MMMM. DD, 1977

PUBLIC LAW 95-91—AUG. 4, 1977

91 STAT. 591

rule, establish procedures which are available to any person for the purpose of seeking an interpretation, modification, or recission of, exception to, or exemption from, such rule, regulation or order. The Secretary or any such officer shall additionally insure that each decision on any application or petition requesting an adjustment shall specify the standards of hardsliip, inequity, or unfair distribution of burden by which any disposition was made, and the specific application of such standards to the facts contained in any such application or petition. (b)(1) I f any person is aggrieved or adversely affected by a denial Denial, judicial of a request for adjustment under subsection (a) such person may review. request a review of such denial by the Connnission and may obtain judicial review in accordance with this title when such a denial becomes final. (2) The Commission shall, by rule, establish appropriate proce- Hearing dures, including a hearing when requested, for review of a denial. Action by the Commission under this section shall be considered final agency action within the meaning of section 704 of title 5, United States Code, and shall not be subject to further review by the Secretary or any officer or employee of the Department. Litigation involving judicial review of such action shall be the responsibility of the Secretary. REVIEW AND EFFECT

SEC, 505. Within one year after the effective date of this Act, the Secretary shall submit a report to Congress concerning the actions taken to implement section 501. The report shall include a discussion of the adequacy of such section from the standpoint of the Department and the public, including a summary of any comments obtained by the Secretary from the public about such section and implementing regulations, and such recommendations as the Secretary deems appropriate concerning the procedures required by such section. TITLE:

Report to Congress.

42 USC 7195. Contents.

VI—ADMINISTRATIVE PROVISIONS

P A R T A—CoNn.ioT OF INTEREST PROVISIONS DEFINITIONS

SEC. 601. (a) For the purposes of this title, the following officers or Supervisory employees. employees of the Department are supervisory employees: (1) an individual holding a position in the Department a t 42 USC 7211. GS-16, GS-17, or GS-18 of the General Schedule or at level I, 5 USC 5332 note. II, III, IV, or V of the Executive Schedule, or who is in a posi- 5 USC tion at a comparable or higher level on any other Federal pay 5312-5316. scale, or who holds a position pursuant to subsection (b) or (d) of section 621, or who is an expert or consultant employed pursuant to section 3109 of title 5, United States Code, for more than ninety days in any calendar year and receives compensation at an annual rate equal to or in excess of the minimum rate prescribed for individuals at G S - 1 6 of the General Schedule; (2) the Director or Deputy Director of any State, regional, district, local, or other field office maintained pursuant to section 650 of this Act; (3) an employee or officer who has primary responsibility for the award, review, modification, or termination of any grant,