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31 U.S.C. § 753 — Duties and powers

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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Source file: Laws/federal/codes/united-states-code/title-31/section-753-duties-and-powers--d909b889d5.md
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Source location: Title 31, Chapter 7, § 753; chapter-007-government-accountability-office.md

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

2 U.S.C. § 1435 — Savings provisions

**(a) Transition provisions for employees of House of Representatives and of Senate** (1) **Claims arising before effective date** — If, as of the date on which [section 1311 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1311&num=0&edition=prelim) takes effect, an employee of the Senate or the House of Representatives has or could have requested counseling under section 305 11 See References in Text note below. of the Government Employees Rights Act of 1991 or Rule LI of the House of Representatives, including counseling for alleged violations of family and medical leave rights under title V of the Family and Medical Leave Act of 1993, the employee may complete, or initiate and complete, all procedures under the Government Employees Rights Act of 1991 and Rule LI, and the provisions of that Act and Rule shall remain in effect with respect to, and provide the exclusive procedures for, those claims until the completion of all such procedures. (2) **Claims arising between effective date and opening of Office** — If a claim by an employee of the Senate or House of Representatives arises under section 1311 or 1312 of this title after the effective date of such sections, but before the opening of the Office for receipt of requests for counseling or mediation under sections 1402 and 1403 of this title, the provisions of the Government Employees Rights Act of 1991 and Rule LI of the House of Representatives relating to counseling and mediation shall remain in effect, and the employee may complete under that Act or Rule the requirements for counseling and mediation under sections 1402 and 1403 of this title. If, after counseling and mediation is completed, the Office has not yet opened for the filing of a timely complaint under [sect

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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. § 754 — Action by the Comptroller General

When the Comptroller General has authority, the Comptroller General promptly shall carry out action the General Accounting Office Personnel Appeals Board 11 See Change of Name note below. orders under [section 753 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section753&num=0&edition=prelim).

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

31 U.S.C. § 753 — Duties and powers

Page 105 TITLE 31—MONEY AND FINANCE § 753 1 See Change of Name note below. 2 See References in Text note below. the Chairman selects. The General Counsel serves at the pleasure of the Chairman. (2) The Chairman shall fix the pay of the Gen- eral Counsel. The rate of basic pay of the Gen- eral Counsel may be not more than the max- imum rate of basic pay payable for grade GS–16 of the General Schedule. (3) The General Counsel shall— (A) investigate an allegation about a prohib- ited personnel practice under section 732(b)(2) of this title to decide if there are reasonable grounds to believe the practice has occurred, exists, or will be taken by an officer or an em- ployee of the Government Accountability Of- fice; (B) investigate an allegation about a prohib- ited political activity under section 732(b)(3) of this title; (C) investigate a matter under the jurisdic- tion of the Board if the Board or a member of the Board requests; and (D) help the Board carry out its duties and powers. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 901; Pub. L. 100–426, title I, § 102(a), Sept. 9, 1988, 102 Stat. 1599; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 752(a) ...... 31:52–3(e). Feb. 15, 1980, Pub. L. 96–191, § 4(e)–(g), 94 Stat. 30. 752(b) ...... 31:52–3(f), (g). In subsection (a), the words ‘‘members of the’’ are omitted as surplus. In subsection (b)(1), the words ‘‘(hereinafter referred to as the ‘General Counsel’)’’ are omitted because of the restatement. The words ‘‘shall be eligible for re- appointment and’’ are omitted as surplus. In subsection (b)(2), the word ‘‘annual’’ is added for clarity. The word ‘‘basic’’ is added for consistency in the

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