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

Page 73 TITLE 31—MONEY AND FINANCE § 702 Statutory Notes and Related Subsidiaries SHORT TITLE OF 2024 AMENDMENT Pub. L. 118–131, § 1, Nov. 25, 2024, 138 Stat. 1641, pro- vided that: ‘‘This Act [amending section 705 of this title] may be cited as the ‘GAO Inspector General Par- ity Act’.’’ SHORT TITLE OF 2017 AMENDMENT Pub. L. 115–3, § 1, Jan. 31, 2017, 131 Stat. 7, provided that: ‘‘This Act [enacting section 721 of this title and amending sections 716 and 720 of this title] may be cited as the ‘GAO Access and Oversight Act of 2017’.’’ SHORT TITLE OF 2008 AMENDMENT Pub. L. 110–323, § 1(a), Sept. 22, 2008, 122 Stat. 3539, pro- vided that: ‘‘This Act [enacting section 705 of this title, amending sections 731 to 733, 735, and 3521 of this title and section 109 of the Ethics in Government Act of 1978, Pub. L. 95–521, set out in the Appendix to Title 5, Gov- ernment Organization and Employees, enacting provi- sions set out as notes under sections 705, 732, and 3523 of this title, and repealing provisions set out as a note under section 3523 of this title] may be cited as the ‘Government Accountability Office Act of 2008’.’’ SHORT TITLE OF 2004 AMENDMENT Pub. L. 108–271, § 1(a), July 7, 2004, 118 Stat. 811, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘GAO Human Capital Reform Act of 2004’.’’ SHORT TITLE OF 1996 AMENDMENT Pub. L. 104–316, § 1, Oct. 19, 1996, 110 Stat. 3826, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘General Accounting Office Act of 1996’.’’ SHORT TITLE OF 1988 AMENDMENT Pub. L. 100–426, § 1, Sept. 9, 1988, 102 Stat. 1598, pro- vided that: ‘‘This Act [amending sections 703, 732, 751, 752, 755, 771 to 774, 776, and 777 of this title and section 5349 of Title 5, Government Organization and Employ- ees, and enacting provisions set out as notes under sec- tions 755 and 772 of this title] may be cited as the ‘Gen- eral Accounting Office Personnel Amendments Act of 1988’.’’ § 702. Government Accountability Office (a) The Government Accountability Office is an instrumentality of the United States Govern- ment 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. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 887; Pub. L. 100–545, § 2(b), Oct. 28, 1988, 102 Stat. 2729; 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) 702(a) ...... 31:41(1st sentence less last 14 words, 2d, 3d sentences). June 10, 1921, ch. 18, § 301, 42 Stat. 23. 702(b) ...... 31:41(1st sentence last 14 words). 31:42(a)(1st sentence words before comma). June 10, 1921, ch. 18, § 302(a)(1st sentence words before 1st comma), 42 Stat. 23; Apr. 3, 1980, Pub. L. 96–226, § 104(a), 94 Stat. 314. 31:1154(d)(1st sen- tence). Oct. 26, 1970, Pub. L. 91–510, § 204(d)(1st sentence), 84 Stat. 1168; restated July 12, 1974, Pub. L. 93–344, § 702(a), 88 Stat. 326. HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 31:1155(a). Oct. 26, 1970, Pub. L. 91–510, § 205(a), 84 Stat. 1168. 702(c) ...... 31:51–1. Jan. 2, 1975, Pub. L. 93–604, § 501(a), 88 Stat. 1962. 702(d) ...... 31:41(last sentence). In subsection (a), the words ‘‘instrumentality of the United States Government’’ are substituted for ‘‘estab- lishment of the Government’’ for consistency. The words ‘‘created . . . to be’’ and 31:41(2d, 3d sentences) are omitted as executed. Subsection (b) is substituted for 31:41(1st sentence last 14 words) and 42(a)(1st sentence words before comma) to eliminate unnecessary words and for con- sistency. The word ‘‘Deputy’’ is substituted for ‘‘Assist- ant’’ because of section 101 of the Act of July 9, 1971 (Pub. L. 92–51, 85 Stat. 143). The text of 31:1154(d)(1st sentence) and 1155(a) is omitted as unnecessary because the Comptroller General, as the head of the Office, has the authority to establish constituent parts of the Of- fice to carry out duties and powers unless otherwise specified by law. In subsection (c), the words ‘‘Administrator of Gen- eral Services’’ are substituted for ‘‘the head of any Fed- eral agency which exercises authority over such build- ing’’ for clarity. The words ‘‘of the United States’’ are omitted as surplus. Editorial Notes AMENDMENTS 2004—Pub. L. 108–271 substituted ‘‘Government Ac- countability Office’’ for ‘‘General Accounting Office’’ in section catchline and subsec. (a). 1988—Subsecs. (c), (d). Pub. L. 100–545 redesignated subsec. (d) as (c) and struck out former subsec. (c) which directed Administrator of General Services to provide Comptroller General with space in General Ac- counting Office Building. Statutory Notes and Related Subsidiaries CHANGE OF NAME Pub. L. 108–271, § 8, July 7, 2004, 118 Stat. 814, provided that: ‘‘(a) IN GENERAL.—The General Accounting Office is hereby redesignated the Government Accountability Office. ‘‘(b) REFERENCES.—Any reference to the General Ac- counting Office in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act [July 7, 2004] shall be considered to refer and apply to the Government Ac- countability Office.’’ TRANSFERS AND TERMINATIONS OF FUNCTIONS Pub. L. 104–316, title I, § 101(a)–(d), Oct. 19, 1996, 110 Stat. 3826, 3827, provided that: ‘‘(a) IN GENERAL.— ‘‘(1) FUNCTIONS TRANSFERRED.—In any case in which a provision of law authorizing the performance of a function by the Comptroller General of the United States or the General Accounting Office [now Govern- ment Accountability Office] is amended by this title [see Tables for classification] to substitute another Federal officer, employee, or agency in that author- ization, the authority under that provision to per- form that function is transferred to the other Federal officer, employee, or agency. ‘‘(2) FUNCTIONS TERMINATED.—In any case in which a provision of law authorizing the performance of a function by the Comptroller General of the United States or the General Accounting Office [now Govern- ment Accountability Office] is repealed by this Act [see Tables for classification], the authority under that provision to perform that function is termi- nated. Page 74 TITLE 31—MONEY AND FINANCE § 703 ‘‘(3) DELEGATION OF FUNCTIONS.—The Director of the Office of Management and Budget may delegate, in whole or in part, to any other agency or agencies any function transferred to or vested in the Director under section 103(d), 105(b), 116, or 202(n) of this Act [amending section 3702 of this title, section 5584 of Title 5, Government Organization and Employees, section 2774 of Title 10, Armed Forces, and section 716 of Title 32, National Guard], and may transfer to such agency or agencies any personnel, budget authority, records, and property received by the Director pursu- ant to subsection (b) of this section that relate to the delegated functions. ‘‘(b) INCIDENTAL TRANSFERS.— ‘‘(1) IN GENERAL.—Incident to any transfer of au- thority under subsection (a)(1), there shall be trans- ferred to the recipient Federal officer, employee, or agency such personnel, records, budget authority, and property of the General Accounting Office [now Government Accountability Office] as the Comp- troller General and the Director of the Office of Man- agement and Budget jointly determine to be nec- essary to effectuate the transfer. ‘‘(2) EFFECT ON PERSONNEL.—Personnel transferred under this section shall not be separated or reduced in classification or compensation for one year after any such transfer, except for cause. ‘‘(c) REFERENCES.—With respect to any function or authority transferred under this Act and exercised on or after the effective date of that transfer, reference in any Federal law to the Comptroller General or to any officer or employee of the General Accounting Office [now Government Accountability Office] is deemed to refer to the Federal officer or agency to which the func- tion or authority is transferred under this Act. ‘‘(d) SAVINGS PROVISIONS.— ‘‘(1) ORDERS AND OTHER OFFICIAL ACTIONS NOT AF- FECTED.—All orders, determinations, rules, regula- tions, permits, grants, contracts, certificates, li- censes, and privileges— ‘‘(A) which have been issued, made, granted, or al- lowed to become effective by the Comptroller Gen- eral or any official of the General Accounting Of- fice [now Government Accountability Office], or by a court of competent jurisdiction, in the perform- ance of any function or authority transferred under this Act, and ‘‘(B) which are in effect at the time of the trans- fer; shall continue in effect according to their terms until modified, terminated, superseded, set aside, or re- voked in accordance with law. ‘‘(2) PENDING MATTERS AND PROCEEDINGS.—This Act shall not affect any pending matters or proceedings, including notices of proposed rulemaking, relating to a function or authority transferred under this Act. Such matters or proceedings shall continue under the authority of the agency to which the function or au- thority is transferred until completed or terminated in accordance with law. ‘‘(3) JUDICIAL PROCEEDINGS AND CAUSES OF AC- TIONS.—No suit, action, or other proceeding or cause of action relating to a function or authority trans- ferred under this Act shall abate by reason of the en- actment of this Act. If, before the date on which a transfer of a function or authority this Act takes ef- fect, the Comptroller General of the United States or any officer or employee of the General Accounting Office [now Government Accountability Office] in their official capacity is party to a suit relating to the function or authority, then such suit shall be con- tinued and the head of the agency to which the func- tion or authority is transferred, or other appropriate official of that agency, shall be substituted or added as a party.’’ CONTRACT APPEALS BOARD Pub. L. 110–161, div. H, title I, § 1501, Dec. 26, 2007, 121 Stat. 2249, as amended by Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537, provided that: ‘‘(a) DEFINITIONS.—In this section— ‘‘(1) the term ‘Board’ means the Contract Appeals Board established under subsection (b); and ‘‘(2) the term ‘legislative branch agency’ means— ‘‘(A) the Architect of the Capitol; ‘‘(B) the United States Botanic Gardens [sic]; ‘‘(C) the Government Accountability Office; ‘‘(D) the Government Publishing Office; ‘‘(E) the Library of Congress; ‘‘(F) the Congressional Budget Office; ‘‘(G) the United States Capitol Police; and ‘‘(H) any other agency, including any office, board, or commission, established in the legislative branch; and ‘‘(b) ESTABLISHMENT.—There is established a Contract Appeals Board within the Government Accountability Office. The Board shall hear and decide appeals from decisions of a contracting officer with respect to any contract entered into by a legislative branch agency. ‘‘(c) MEMBERS OF THE BOARD.— ‘‘(1) APPOINTMENT.—The Comptroller General shall appoint at least 3 members to the Contract Appeals Board. ‘‘(2) QUALIFICATIONS.—Each member shall have not less than 5 years experience in public contract law. ‘‘(3) PAY.—Subject to any provision of law relating to pay applicable to the Office of General Counsel of the Government Accountability Office, the Comp- troller General shall establish and adjust the annual rate of basic pay of members of the Board. ‘‘(d) PROVISIONS APPLICABLE TO APPEALS.—The Con- tract Disputes Act of 1978 (Public Law 95–563, [former] 41 U.S.C. 601 et seq. [see 41 U.S.C. 7101 et seq.]), as amended, shall apply to appeals to the Board, except that section 4 [now 41 U.S.C. 7102(d)], subsections 8(a), (b), and (c) [now 41 U.S.C. 7105(a), (c), (d), (e)(1)(C)], and subsection 10(a) [now 41 U.S.C. 7104(b)] shall not apply to such appeals and the amount of any claim referenced in subsection 6(c) [now 41 U.S.C. 7103(b), (f)] shall be $50,000. The Comptroller General shall prescribe regula- tions for procedures for appeals to the Board that are consistent with procedures under the Contract Disputes Act of 1978. ‘‘(e) EFFECTIVE DATE.—This section shall apply with respect to fiscal year 2008 and each fiscal year there- after.’’ § 703. Comptroller General and Deputy Comp- troller General (a)(1) The Comptroller General and Deputy Comptroller General are appointed by the Presi- dent, by and with the advice and consent of the Senate. (2) When a vacancy occurs in the office of Comptroller General or Deputy Comptroller General, a commission is established to rec- ommend individuals to the President for ap- pointment to the vacant office. The commission shall be composed of— (A) the Speaker of the House of Representa- tives; (B) the President pro tempore of the Senate; (C) the majority and minority leaders of the House of Representatives and the Senate; (D) the chairmen and ranking minority members of the Committee on Governmental Affairs of the Senate and the Committee on Government Operations of the House; and (E) when the office of Deputy Comptroller General is vacant, the Comptroller General. (3) A commission established because of a va- cancy in the office of the Comptroller General shall recommend at least 3 individuals. The President may ask the commission to rec- ommend additional individuals.