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31 U.S.C. § 732a — Critical positions

Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 732a — Critical positions

**(a)** The Comptroller General may establish senior-level positions to meet critical scientific, technical or professional needs of the Government Accountability Office. An individual serving in such a position shall— (1) be subject to the laws and regulations applicable to the General Accounting Office Senior Executive Service 11 See Change of Name note below. under [section 733 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section733&num=0&edition=prelim), with respect to rates of basic pay, performance awards, ranks, carry over of annual leave, benefits, performance appraisals, removal or suspension, and reductions in force; (2) have the same rights of appeal to the General Accounting Office Personnel Appeals Board 1 as are provided to the Office Senior Executive Service; (3) be exempt from the same provisions of law as are made inapplicable to the Office Senior Executive Service under [section 733(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section733/d&num=0&edition=prelim), except for [section 732(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section732/e&num=0&edition=prelim); (4) be entitled to discontinued service retirement under chapter 83 or 84 of title 5 as if a member of the Office Senior Executive Service; and (5) be subject to reassignment by the Comptroller General to any position in the Office Senior Executive Service under [section 733 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section733&num=0&edition=prelim), as the Comptroller General determines necessary and appropriate. **(b)** Senior-level positions under this section may include positions referred to in paragraph (1) or (2) of

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Stable record: federal_law:legal_authorities:record_usc_14ff6dc15a61f1dfa28b734d
Source file: Laws/federal/codes/united-states-code/title-31/section-732a-critical-positions--e6ca3d01d1.md
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Source location: Title 31, Chapter 7, § 732a; chapter-007-government-accountability-office.md

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 733 — Senior Executive Service

**(a)** The Comptroller General may establish a General Accounting Office Senior Executive Service 11 See Change of Name note below. — (1) meeting the requirements of [section 3131 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3131&num=0&edition=prelim); (2) providing requirements for positions consistent with [section 3132(a)(2) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3132/a/2&num=0&edition=prelim); (3) providing rates of basic pay— (A) not more than the maximum rate or less than the minimum rate for the Senior Executive Service under [section 5382 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5382&num=0&edition=prelim); and (B) adjusted annually by the Comptroller General after taking into consideration the factors listed under [section 732(c)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section732/c/3&num=0&edition=prelim), except that an adjustment under this subparagraph shall not be applied in the case of any officer or employee whose performance is not at a satisfactory level, as determined by the Comptroller General for purposes of such adjustment; (4) providing a performance appraisal system consistent with subchapter II of chapter 43 of title 5; (5) allowing the Comptroller General to award ranks to officers and employees in the Office Senior Executive Service consistent with [section 4507 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4507&num=0&edition=prelim); (6) providing for removal consistent with [section 3592 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3592&num=0&edition=prelim), and for re

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 702 — Government Accountability Office

**(a)** The Government Accountability Office is an instrumentality of the United States Government independent of the executive departments. **(b)** The head of the Office is the Comptroller General of the United States. The Office has a Deputy Comptroller General of the United States. **(c)** The Comptroller General may adopt a seal for the Office.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 719 — Comptroller General reports

**(a)** At the beginning of each regular session of Congress, the Comptroller General shall report to Congress (and to the President when requested by the President) on the work of the Comptroller General. A report shall include recommendations on— (1) legislation the Comptroller General considers necessary to make easier the prompt and accurate making and settlement of accounts; and (2) other matters related to the receipt, disbursement, and use of public money the Comptroller General considers advisable. **(b)** (1) The Comptroller General shall include in the report to Congress under subsection (a) of this section— (A) a review of activities under sections 717(b)–(d) and 731(e)(2) of this title, including recommendations under [section 717(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section717/c&num=0&edition=prelim); (B) information on carrying out duties and powers of the Comptroller General under clauses (A) and (C) of this paragraph, subsections (g) and (h) 11 See References in Text note below. of this section, and sections 717, 731(e)(2), 734, 1112, and 1113 of this title; and (C) the name of each officer and employee of the Government Accountability Office assigned or detailed to a committee of Congress, the committee to which the officer or employee is assigned or detailed, the length of the period of assignment or detail, a statement on whether the assignment or detail is finished or continuing, and compensation paid out of appropriations available to the Comptroller General for the period of the assignment or detail that has been completed. (2) In a report under subsection (a) of this section or in a special report to Congress when Congress is in session, the Comptroller General shall include recommend

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 732 — Personnel management system

**(a)** The Comptroller General shall maintain a personnel management system. The Comptroller General may prescribe a regulation about the system only after notice and opportunity for public comment. A reprisal or threat of reprisal may not be made against an officer or employee of the Government Accountability Office because of comments on a proposed regulation about the system. **(b)** The personnel management system shall— (1) include the principles of [section 2301(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2301/b&num=0&edition=prelim); (2) prohibit personnel practices prohibited under [section 2302(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2302/b&num=0&edition=prelim); (3) prohibit political activities prohibited under subchapter III of chapter 73 of title 5; (4) ensure that officers and employees of the Office are appointed, promoted, and assigned only on the basis of merit and fitness, but without regard to those provisions of title 5 governing appointments and other personnel actions in the competitive service; (5) give a preference to an individual eligible for a preference in the executive branch of the United States Government in a way and to an extent consistent with a preference given an individual in the executive branch; and (6) provide that the Comptroller General shall fix the basic pay of officers and employees of the Office not fixed by law, consistent with [section 5301 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5301&num=0&edition=prelim), except as provided under subsection (c)(3) of this section and [section 733(a)(3)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-s

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 732a — Critical positions

Page 101 TITLE 31—MONEY AND FINANCE § 733 1 See Change of Name note below. 1 See Change of Name note below. ‘‘(B) a Federal Wage System employee; and ‘‘(C) an individual participating in a development program under which such individual receives per- formance appraisals, and is eligible to receive per- manent merit pay increases, more than once a year; and ‘‘(2) as of January 22, 2006, was a Band I staff mem- ber with a salary above the Band I cap, a Band IIA staff member with a salary above the Band IIA cap, or an administrative professional or support staff member with a salary above the cap for that individ- ual’s pay band (determined in accordance with the or- ders cited in subsection (b)(1)). ‘‘(d) EXCLUSIVE REMEDY.—This section constitutes the exclusive remedy that any officers and employees (as described in subsection (c)) have for any claim that they are owed any monies denied to them in the form of merit pay for 2006 under section 731(b) of title 31, United States Code, or any other law. Notwithstanding any other provision of law, no court or administrative body in the United States, including the Government Accountability Office Personnel Appeals Board, shall have jurisdiction to entertain any civil action or other civil proceeding based on the claim of such officers or employees that they were due money in the form of merit pay for 2006 pursuant to such section 731(b) or any other law. ‘‘(e) DEFINITIONS.—For purposes of this section— ‘‘(1) the term ‘performance-based compensation’ has the meaning given such term under the Govern- ment Accountability Office’s performance-based com- pensation system under GAO Orders 2540.3 and 2540.4, as in effect in 2006; and ‘‘(2) the term ‘permanent merit pay increase’ means an increase under sect

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