31 U.S.C. § 720 — Agency reports

Page 92 TITLE 31—MONEY AND FINANCE § 720 a significant impact on the determination of the annual pay adjustments for officers and employees of the Office. ‘‘(b) FINAL REPORT.—Not later than 6 years after the date of enactment of this Act [July 7, 2004], the Comp- troller General shall submit to Congress a report con- cerning the implementation of this Act [see Tables for classification]. Such report shall include— ‘‘(1) a summary of the information included in the annual reports required under subsection (a); ‘‘(2) recommendations for any legislative changes to section 2, 3, 4, 6, 7, 9, or 10 of this Act; and ‘‘(3) any assessment furnished by the General Ac- counting Office [now Government Accountability Of- fice] Personnel Appeals Board or any interested groups or associations representing officers and em- ployees of the Office for inclusion in such report. ‘‘(c) ADDITIONAL REPORTING.—Notwithstanding any other provision of this section, the reporting require- ment under subsection (a)(2)(C) shall apply in the case any report submitted under section 719(a) of title 31, United States Code, whether during the 5-year period beginning on the date of enactment of this Act [July 7, 2004] (as required by subsection (a)) or at any time thereafter.’’ GAO VOLUNTARY EARLY RETIREMENT AND SEPARATION INCENTIVES: REPORTING REQUIREMENTS Pub. L. 106–303, § 6, Oct. 13, 2000, 114 Stat. 1069, pro- vided that: ‘‘(a) ANNUAL REPORTS.—The Comptroller General shall include in each report submitted to Congress under section 719(a) of title 31, United States Code, dur- ing the 5-year period beginning on the date of the en- actment of this Act [Oct. 13, 2000]— ‘‘(1) a review of all actions taken pursuant to sec- tions 1 through 3 of this Act [amending section 732 of this title and enacting provisions set out as notes under section 732 of this title and sections 5597 and 8336 of Title 5, Government Organization and Employ- ees] during the period covered by the report, includ- ing— ‘‘(A) the number of officers or employees who sep- arated from service pursuant to section 1 or 2 [en- acting provisions set out as notes under sections 5597 and 8336 of Title 5], or who were released pursu- ant to a reduction in force conducted under the amendment made by section 3 [amending section 732 of this title], during such period; ‘‘(B) an assessment of the effectiveness and use- fulness of those sections in contributing to the agency’s ability to carry out its mission, meet its performance goals, and fulfill its strategic plan; and ‘‘(C) with respect to the amendment made by sec- tion 3, an assessment of the impact such amend- ment has had with respect to preference eligibles, including— ‘‘(i) whether a disproportionate number or per- centage of preference eligibles were included among those who became subject to reduction-in- force actions as a result of such amendment; ‘‘(ii) whether a disproportionate number or per- centage of preference eligibles were in fact re- leased pursuant to reductions in force under such amendment; and ‘‘(iii) to the extent that either of the foregoing is answered in the affirmative, the reasons for the disproportionate impact involved (particularly, whether such amendment caused or contributed to the disproportionate impact involved); and ‘‘(2) recommendations for any legislation which the Comptroller General considers appropriate with re- spect to any of those sections. ‘‘(b) THREE-YEAR ASSESSMENT.—Not later than 3 years after the date of the enactment of this Act [Oct. 13, 2000], the Comptroller General shall submit to the Congress a report concerning the implementation and effectiveness of this Act [enacting section 732a of this title, amending sections 731, 732, and 733 of this title, and enacting provisions set out as notes under section 732 of this title and sections 5597 and 8336 of Title 5]. Such report shall include— ‘‘(1) a summary of the portions of the annual re- ports required under subsection (a); ‘‘(2) recommendations for continuation of section 1 or 2 or any legislative changes to section 1 or 2 or the amendment made by section 3; and ‘‘(3) any assessment or recommendations of the General Accounting Office [now Government Ac- countability Office] Personnel Appeals Board or of any interested groups or associations representing of- ficers or employees of the General Accounting Office [now Government Accountability Office]. ‘‘(c) PREFERENCE ELIGIBLE DEFINED.—For purposes of this section, the term ‘preference eligible’ has the meaning given such term under section 2108(3) of title 5, United States Code.’’ § 720. Agency reports (a) In this section, ‘‘agency’’ means a depart- ment, agency, or instrumentality of the United States Government (except a mixed-ownership Government corporation) or the District of Co- lumbia government. (b) When the Comptroller General makes a re- port that includes a recommendation to the head of an agency, the head of the agency shall submit a written statement on action taken or planned on the recommendation by the head of the agency. The statement shall be submitted to— (1) the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Re- form of the House of Representatives, the con- gressional committees with jurisdiction over the agency program or activity that is the subject of the recommendation, and the Gov- ernment Accountability Office before the 181st day after the date of the report; and (2) the Committees on Appropriations of both Houses of Congress in the first request for appropriations submitted more than 180 days after the date of the report. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 896; Pub. L. 115–3, § 2(b), Jan. 31, 2017, 131 Stat. 7; Pub. L. 115–414, § 3, Jan. 3, 2019, 132 Stat. 5431.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 720(a) ...... 31:1157. Oct. 26, 1970, Pub. L. 91–510, §§ 207, 236, 84 Stat. 1168, 1171. 720(b) ...... 31:1176. In subsection (a), the words ‘‘As used . . . the term’’, ‘‘Federal’’, and ‘‘establishment’’ are omitted as surplus. The words in parentheses are included for consistency with section 101 of the revised title. In subsection (b), before clause (1), the words ‘‘Comp- troller General’’ are substituted for ‘‘General Account- ing Office’’, and the words ‘‘head of the’’ are added, for consistency. The word ‘‘written’’ is omitted as surplus. In clause (1), the words ‘‘Governmental Affairs of the Senate’’ are substituted for ‘‘Government Operations of the . . . Senate’’ because of Rule 25.1(k) of the Standing Rules of the Senate (S. Doc. 96–1, 96th Cong., 1st Sess.). In clause (2), the words ‘‘both Houses of Congress’’ are substituted for ‘‘the House of Representatives and the Senate’’ for consistency. The words ‘‘connection with’’, ‘‘for that agency’’, and ‘‘to the Congress’’ are omitted as surplus. Page 93 TITLE 31—MONEY AND FINANCE § 731 Editorial Notes AMENDMENTS 2019—Subsec. (b)(1). Pub. L. 115–414, § 3(1), substituted ‘‘181st’’ for ‘‘61st’’. Subsec. (b)(2). Pub. L. 115–414, § 3(2), substituted ‘‘180’’ for ‘‘60’’. 2017—Subsec. (b). Pub. L. 115–3, § 2(b)(1), inserted ‘‘or planned’’ after ‘‘action taken’’ in introductory provi- sions. Subsec. (b)(1). Pub. L. 115–3, § 2(b)(2), added par. (1) and struck out former par. (1) which read as follows: ‘‘the Committee on Governmental Affairs of the Senate and the Committee on Government Operations of the House of Representatives before the 61st day after the date of the report; and’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Con- gress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representa- tives by House Resolution No. 5, One Hundred Eight- eenth Congress, Jan. 9, 2023. § 721. Access to certain information (a) No provision of the Social Security Act, in- cluding section 453(l) of that Act (42 U.S.C. 653(l)), shall be construed to limit, amend, or su- persede the authority of the Comptroller Gen- eral to obtain any information or to inspect any record under section 716 of this title. (b) The specific reference to a statute in sub- section (a) shall not be construed to affect ac- cess by the Government Accountability Office to information under statutes that are not so ref- erenced. (Added Pub. L. 115–3, § 2(a), Jan. 31, 2017, 131 Stat. 7.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsec. (a), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. SUBCHAPTER III—PERSONNEL § 731. General (a) The Comptroller General may appoint, pay, assign, and remove officers (except the Deputy Comptroller General) and employees the Comp- troller General decides are necessary to carry out the duties and powers of the Government Accountability Office. (b) The Comptroller General may establish for appropriate officers and employees a merit pay system consistent with section 5401 of title 5, as in effect on October 31, 1993. (c) The annual rate of basic pay of the General Counsel of the Government Accountability Of- fice is equal to the rate for level IV of the Exec- utive Schedule. [(d) Repealed. Pub. L. 110–323, § 9(a)(1), Sept. 22, 2008, 122 Stat. 3548.] (e) The Comptroller General may procure the services of experts and consultants under sec- tion 3109 of title 5 at rates not in excess of the daily rate for level IV of the Executive Sched- ule, except that the services of not more than 20 experts and consultants may be procured for terms of not more than 3 years, but which shall be renewable. (f) The Comptroller General shall prescribe regulations under which officers and employees of the Office may, in appropriate circumstances, be reimbursed for any relocation expenses under subchapter II of chapter 57 of title 5 for which they would not otherwise be eligible, but only if the Comptroller General determines that the transfer giving rise to such relocation is of suffi- cient benefit or value to the Office to justify such reimbursement. (g) The Comptroller General shall prescribe regulations under which key officers and em- ployees of the Office who have less than 3 years of service may accrue leave in accordance with section 6303(a)(2) of title 5, in those cir- cumstances in which the Comptroller General has determined such increased annual leave is appropriate for the recruitment or retention of such officers and employees. Such regulations shall define key officers and employees and set forth the factors in determining which officers and employees should be allowed to accrue leave in accordance with this subsection. (h) The Comptroller General may by regula- tion establish an executive exchange program under which officers and employees of the Office may be assigned to private sector organizations, and employees of private sector organizations may be assigned to the Office, to further the in- stitutional interests of the Office or Congress, including for the purpose of providing training to officers and employees of the Office. Regula- tions to carry out any such program— (1) shall include provisions (consistent with sections 3702 through 3704 of title 5) as to mat- ters concerning— (A) the duration and termination of as- signments; (B) reimbursements; and (C) status, entitlements, benefits, and obli- gations of program participants; (2) shall limit— (A) the number of officers and employees who are assigned to private sector organiza- tions at any one time to not more than 15; and (B) the number of employees from private sector organizations who are assigned to the Office at any one time to not more than 30; (3) shall require that an employee of a pri- vate sector organization assigned to the Office may not have access to any trade secrets or to any other nonpublic information which is of commercial value to the private sector organi- zation from which such employee is assigned; (4) shall require that, before approving the assignment of an officer or employee to a pri- vate sector organization, the Comptroller Gen- eral shall determine that the assignment is an effective use of the Office’s funds, taking into account the best interests of the Office and the costs and benefits of alternative methods