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31 U.S.C. § 751 — Organization

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

31 U.S.C. § 751 — Organization

**(a)** The Government Accountability Office has a General Accounting Office Personnel Appeals Board.11 See Change of Name note below. The Board is composed of 5 members appointed by the Comptroller General. An individual may be appointed only if the individual— (1) is not a current or former officer or employee of the Office or of the Architect of the Capitol, the Botanic Garden, or the Senate Restaurants,; 22 So in original. The comma probably should not appear. (2) has the demonstrated ability, background, training, and experience necessary to be qualified specially to serve on the Board; and (3) demonstrates a capacity and willingness to devote sufficient time to dispose of cases in a timely way. **(b)** The Comptroller General shall appoint members only— (1) after considering any candidates who are recommended to the Comptroller General (at such time and in such manner as the Comptroller General requires) by organizations composed primarily of individuals experienced in adjudicating or arbitrating personnel matters; and (2) after the Comptroller General consults with organizations representing employees of the Office and with any member of each committee of Congress, having legislative jurisdiction over the personnel management system maintained under [section 732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section732&num=0&edition=prelim), whom the chairman of the committee designates. **(c)** (1) Except as provided in paragraph (2), the term of a member of the Board is 5 years. A member may not be reappointed. An individual appointed to fill a vacancy occurring before the expiration of a term of office is appointed for the remainder of the term. However, if the unexpired part of a term is less than one year, the Com

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Source file: Laws/federal/codes/united-states-code/title-31/section-751-organization--06c13669b3.md
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Source location: Title 31, Chapter 7, § 751; chapter-007-government-accountability-office.md

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**(a)** The Government Accountability Office has a General Accounting Office Personnel Appeals Board.11 See Change of Name note below. The Board is composed of 5 members appointed by the Comptroller General. An individual may be appointed only if the individual— (1) is not a current or former officer or employee of the Office or of the Architect of the Capitol, the Botanic Garden, or the Senate Restaurants,; 22 So in original. The comma probably should not appear. (2) has the demonstrated ability, background, training, and experience necessary to be qualified specially to serve on the Board; and (3) demonstrates a capacity and willingness to devote sufficient time to dispose of cases in a timely way. **(b)** The Comptroller General shall appoint members only— (1) after considering any candidates who are recommended to the Comptroller General (at such time and in such manner as the Comptroller General requires) by organizations composed primarily of individuals experienced in adjudicating or arbitrating personnel matters; and (2) after the Comptroller General consults with organizations representing employees of the Office and with any member of each committee of Congress, having legislative jurisdiction over the personnel management system maintained under [section 732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section732&num=0&edition=prelim), whom the chairman of the committee designates. **(c)** (1) Except as provided in paragraph (2), the term of a member of the Board is 5 years. A member may not be reappointed. An individual appointed to fill a vacancy occurring before the expiration of a term of office is appointed for the remainder of the term. However, if the unexpired part of a term is less than one year, the Comptroller General may appoint an individual for a 5-year term plus the unexpired part of the term. When the term of a member ends, the member may continue to serve until a successor takes office or for 6 months after the term expires, whichever is earlier. (2) (A) The term of a member serving on the date of the enactment of the General Accounting Office Personnel Amendments Act of 1988 shall be as follows: (i) Of the 2 members appointed in 1985, the term of 1 such member shall be 5 years, and the term of the other such member shall be 6 years. (ii) Of the 2 members appointed in 1986, the term of 1 such member shall be 6 years, and the term of the other such member shall be 7 years. (iii) The term of the member appointed in 1987 shall be 7 years. (B) Within 60 days after the date referred to in subparagraph (A), the Comptroller General shall determine— (i) with respect to the members under subparagraph (A)(i), which will have a term of 5 years and which will have a term of 6 years; and (ii) with respect to the members under subparagraph (A)(ii), which will have a term of 6 years and which will have a term of 7 years. (C) A term established for a member under this paragraph shall be measured— (i) from the date on which the member was originally appointed; or (ii) in the case of a member serving for the unexpired portion of a term, from the appointment date of the individual who was originally appointed to serve for such term. **(d)** A member may be removed by a majority of the Board (except the member subject to removal) only for inefficiency, neglect of duty, or malfeasance in office. A member subject to removal shall be given notice and an opportunity for a hearing before the Board unless the member waives the opportunity in writing. **(e)** While carrying out a member’s duties (including travel), a member who is not an officer or employee of the United States Government is entitled to basic pay at a rate equal to the daily rate of basic pay payable for grade GS–18 of the General Schedule. Each member is entitled to travel expenses and per diem allowances under [section 5703 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5703&num=0&edition=prelim).

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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. § 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

5 U.S.C. § 5376 — Pay for certain senior-level positions

**(a)** This section applies to— (1) positions that are classified above GS–15 pursuant to section 5108; and (2) scientific or professional positions established under section 3104; but does not apply to— (A) any Senior Executive Service position under section 3132; or (B) any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151. **(b)** (1) Subject to such regulations as the Office of Personnel Management prescribes, the head of the agency concerned shall fix the rate of basic pay for any position within such agency to which this section applies. A rate fixed under this section shall be— (A) not less than 120 percent of the minimum rate of basic pay payable for GS–15 of the General Schedule; and (B) subject to paragraph (3), not greater than the rate of basic pay payable for level III of the Executive Schedule. The payment of a rate of basic pay under this section shall not be subject to the pay limitation of section 5306(e) or 5373. (2) Subject to paragraph (1), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of pay under the General Schedule, each rate of pay established under this section for positions within an agency shall be adjusted by such amount as the head of such agency considers appropriate. (3) In the case of an agency which has a performance appraisal system which, as designed and applied, is certified under section 5307(d) as making meaningful distinctions based on relative performance, paragraph (1)(B) shall apply as if the reference to “level III” were a reference to “level II”. (4) No employee may suffer a reduction in pay by reaso

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

31 U.S.C. § 772 — Annuity of the Comptroller General

**(a)** Except as provided in subsection (c) of this section, a Comptroller General serving a complete term as Comptroller General or who retires under [section 703(e)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section703/e/1&num=0&edition=prelim) is entitled to receive an annuity for life equal to the pay the Comptroller General is receiving on completion of the term or at the time of retirement. An annuity of a Comptroller General who completes a term before becoming 65 years of age is reduced by .25 percent for each complete month the Comptroller General is under 65 years of age. **(b)** Except as provided in subsection (c) of this section, a Comptroller General becoming permanently disabled shall be retired and is entitled to receive an annuity for life equal to— (1) the pay of the Comptroller General at the time of retirement if the Comptroller General served at least 10 years; or (2) 50 percent of the pay if the Comptroller General served less than 10 years. **(c)** A Comptroller General who, when appointed, is or has been subject to subchapter III of chapter 83 or chapter 84 of title 5 remains subject to such subchapter III or such chapter 84 (as the case may be) unless the Comptroller General elects in writing to receive an annuity under this section. An election is irrevocable and must be made within 10 years and 60 days after the start of service as Comptroller General. A Comptroller General electing to receive an annuity under this section is entitled to a refund of the lump-sum credit to the account of the Comptroller General in the Civil Service Retirement and Disability Fund. **(d)** A Comptroller General (except a Comptroller General remaining subject to subchapter III of chapter 83 of title 5) shall— (1)

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

5 U.S.C. § 5703 — Per diem, travel, and transportation expenses; experts and consultants; individuals serving without pay

An employee serving intermittently in the Government service as an expert or consultant and paid on a daily when-actually-employed basis, or serving without pay or at $1 a year, may be allowed travel or transportation expenses, under this subchapter, while away from his home or regular place of business and at the place of employment or service.

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

5 U.S.C. § 5332 — The General Schedule

**(a)** (1) The General Schedule, the symbol for which is “GS”, is the basic pay schedule for positions to which this subchapter applies. Each employee to whom this subchapter applies is entitled to basic pay in accordance with the General Schedule. (2) The General Schedule is a schedule of annual rates of basic pay, consisting of 15 grades, designated “GS–1” through “GS–15”, consecutively, with 10 rates of pay for each such grade. The rates of pay of the General Schedule are adjusted in accordance with section 5303. **(b)** When payment is made on the basis of an hourly, daily, weekly, or biweekly rate, the rate is computed from the appropriate annual rate of basic pay named by subsection (a) of this section in accordance with the rules prescribed by [section 5504(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5504/b&num=0&edition=prelim).

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

2 U.S.C. § 1301 — Definitions

**(a) In general** Except as otherwise specifically provided in this chapter, as used in this chapter: (1) **Board** — The term “Board” means the Board of Directors of the Office of Congressional Workplace Rights. (2) **Chair** — The term “Chair” means the Chair of the Board of Directors of the Office of Congressional Workplace Rights. (3) **Covered employee** — The term “covered employee” means any employee of— (A) the House of Representatives; (B) the Senate; (C) the Office of Congressional Accessibility Services; (D) the Capitol Police; (E) the Congressional Budget Office; (F) the Office of the Architect of the Capitol; (G) the Office of the Attending Physician; (H) the Office of Congressional Workplace Rights; (I) the Office of Technology Assessment; (J) the Library of Congress, except for [section 1351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1351&num=0&edition=prelim); or (K) the John C. Stennis Center for Public Service Training and Development. (4) **Employee** — The term “employee” includes an applicant for employment and a former employee. (5) **Employee of the Office of the Architect of the Capitol** — The term “employee of the Office of the Architect of the Capitol” includes any employee of the Office of the Architect of the Capitol or the Botanic Garden. (6) **Employee of the Capitol Police** — The term “employee of the Capitol Police” includes any member or officer of the Capitol Police. (7) **Employee of the House of Representatives** — The term “employee of the House of Representatives” includes an individual occupying a position the pay for which is disbursed by the Chief Administrative Officer of the House of Representatives, or another official designated by the H

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

31 U.S.C. § 753 — Duties and powers

**(a)** The General Accounting Office Personnel Appeals Board 11 See Change of Name note below. may consider and order corrective or disciplinary action in a case arising from— (1) an officer or employee appeal about a removal, suspension for more than 14 days, reduction in grade or pay, or furlough of not more than 30 days; (2) a prohibited personnel practice under [section 732(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section732/b/2&num=0&edition=prelim); (3) a prohibited political activity under [section 732(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section732/b/3&num=0&edition=prelim); (4) a decision of an appropriate unit of employees for collective bargaining; (5) an election or certification of a collective bargaining representative; (6) a matter appealable to the Board under the labor-management relations program under [section 732(e)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section732/e/2&num=0&edition=prelim), including a labor practice prohibited under [section 732(e)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section732/e/1&num=0&edition=prelim); (7) an action involving discrimination prohibited under [section 732(f)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section732/f/1&num=0&edition=prelim); (8) an issue about Office personnel the Comptroller General by regulation decides the Board shall resolve; and (9) an action involving discrimination prohibited under section 312(e)(2) 22 See References in Text note below. of the Architect of the Capitol Human Resources Act. **(b)** The Board has no authority to issue a stay of an

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

31 U.S.C. § 755 — Judicial review

**(a)** A final decision under section 753(a)(1)–(3), (6),,11 So in original. Second comma probably should follow “(7)”. (7) or (9) of this title may be reviewed by the United States Court of Appeals for the Federal Circuit. Chapter 158 of title 28 applies to a review under this subchapter, except the petition for review shall be filed by the 30th day after the petitioner receives notice of the decision. The court shall set aside a final decision the court decides is— (1) arbitrary, capricious, an abuse of discretion, or otherwise not consistent with law; (2) not made consistent with required procedures; or (3) unsupported by substantial evidence. **(b)** If an officer, employee, applicant for employment, or employee of the Architect of the Capitol, the Botanic Garden, or the Senate Restaurants is the prevailing party in a proceeding under this section, and the decision is based on a finding of discrimination prohibited under [section 732(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section732/f&num=0&edition=prelim) or under section 312(e)(2) 22 See References in Text note below. of the Architect of the Capitol Human Resources Act, attorney’s fees may be allowed by the court in accordance with the standards prescribed under section 706(k) of the Civil Rights Act of 1964.

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

31 U.S.C. § 751 — Organization

Page 103 TITLE 31—MONEY AND FINANCE § 751 1 See Change of Name note below. 2 So in original. The comma probably should not appear. law applicable to officers and employees of the Government Accountability Office. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 899; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 110–323, § 9(b)(3), Sept. 22, 2008, 122 Stat. 3548.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 735(a) ...... 31:52–6(a). Feb. 15, 1980, Pub. L. 96–191, § 7, 94 Stat. 33. 735(b) ...... 31:52–6(b). In subsection (a), the words ‘‘repealing, amending, or otherwise’’ are omitted as surplus. In subsection (b), the words ‘‘repeal . . . or limit’’ are omitted as surplus. The words ‘‘officers and’’ are added for consistency in the revised title and with other titles of the United States Code. Editorial Notes AMENDMENTS 2008—Subsec. (a). Pub. L. 110–323 substituted ‘‘731(c) and (e),’’ for ‘‘731(c)–(e),’’. 2004—Subsec. (b). Pub. L. 108–271 substituted ‘‘Govern- ment Accountability Office’’ for ‘‘General Accounting Office’’. § 736. Authorization of appropriations Amounts necessary to carry out this sub- chapter and subchapter IV of this chapter may be appropriated to the Comptroller General. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 900.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 736 .......... 31:52–7. Feb. 15, 1980, Pub. L. 96–191, § 9, 94 Stat. 34. The word ‘‘hereby’’ is omitted as surplus. The words ‘‘to the Comptroller General’’ are added for consist- ency. The words ‘‘beginning fiscal year 1981 and for each fiscal year thereafter’’ are omitted as executed. SUBCHAPTER IV—PERSONNEL APPEALS BOARD § 751. Organization (a) The

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