31 U.S.C. § 701 — Definitions

Page 72 TITLE 31—MONEY AND FINANCE § 701 1 Section catchline amended by Pub. L. 107–296 without cor- responding amendment of chapter analysis. Sec. 703. Comptroller General and Deputy Comptroller General. 704. Relationship to other laws. 705. Inspector General for the Government Ac- countability Office. SUBCHAPTER II—GENERAL DUTIES AND POWERS 711. General authority. 712. Investigating the use of public money. 713. Audit of Internal Revenue Service and Bureau of Alcohol, Tobacco, and Firearms.1 714. Audit of Financial Institutions Examination Council, Federal Reserve Board, Federal re- serve banks, Federal Deposit Insurance Cor- poration, and Office of Comptroller of the Currency. 715. Audit of accounts and operations of the Dis- trict of Columbia government. 716. Availability of information and inspection of records. 717. Evaluating programs and activities of the United States Government. 718. Availability of draft reports. 719. Comptroller General reports. 720. Agency reports. 721. Access to certain information. SUBCHAPTER III—PERSONNEL 731. General. 732. Personnel management system. 732a. Critical positions. 733. Senior Executive Service. 734. Assignments and details to Congress. 735. Relationship to other laws. 736. Authorization of appropriations. SUBCHAPTER IV—PERSONNEL APPEALS BOARD 751. Organization. 752. Chairman and General Counsel. 753. Duties and powers. 754. Action by the Comptroller General. 755. Judicial review. SUBCHAPTER V—ANNUITIES 771. Definitions. 772. Annuity of the Comptroller General. 773. Election of survivor benefits. 774. Survivor annuities. 775. Refunds. 776. Payment of survivor benefits. 777. Annuity increases. 778. Dependency and disability decisions. 779. Use of appropriations. SUBCHAPTER VI—PROPERTY MANAGEMENT 781. Authority over the General Accounting Office Building. 782. Leasing of space in the General Accounting Office Building. 783. Rules and regulations. SUBCHAPTER VII—CENTER FOR AUDIT EXCELLENCE 791. Center for Audit Excellence. 792. Account. 793. Authorization of appropriations. Editorial Notes AMENDMENTS 2017—Pub. L. 115–3, § 2(d), Jan. 31, 2017, 131 Stat. 8, added item 721. 2014—Pub. L. 113–235, div. H, title I, § 1401(a)(2), Dec. 16, 2014, 128 Stat. 2541, added subchapter VII heading and items 791 to 793. 2008—Pub. L. 110–323, § 5(c), Sept. 22, 2008, 122 Stat. 3547, added item 705. 2004—Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814, substituted ‘‘GOVERNMENT ACCOUNTABILITY OF- FICE’’ for ‘‘GENERAL ACCOUNTING OFFICE’’ in chapter heading and ‘‘Government Accountability Of- fice’’ for ‘‘General Accounting Office’’ in item 702. 2000—Pub. L. 106–303, § 4(a)(3), Oct. 13, 2000, 114 Stat. 1069, added item 732a. 1994—Pub. L. 103–272, § 4(f)(1)(C), July 5, 1994, 108 Stat. 1362, struck out ‘‘Sec.’’ immediately above item 781. 1988—Pub. L. 100–545, § 2(a), Oct. 28, 1988, 102 Stat. 2728, added subchapter VI heading and items 781 to 783. SUBCHAPTER I—DEFINITIONS AND GENERAL ORGANIZATION § 701. Definitions In this chapter— (1) ‘‘agency’’ includes the District of Colum- bia government but does not include the legis- lative branch or the Supreme Court. (2) ‘‘appropriations’’ means appropriated amounts and includes, in appropriate con- text— (A) funds; (B) authority to make obligations by con- tract before appropriations; and (C) other authority making amounts avail- able for obligation or expenditure. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 887.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 701(1) ...... 31:2(1st–4th pars.). June 10, 1921, ch. 18, § 2(1st–5th pars.), 42 Stat. 20; Apr. 3, 1939, ch. 36, § 201, 53 Stat. 565; July 31, 1953, ch. 302, § 101(1st proviso in par. under heading ‘‘Bureau of the Budget’’), 67 Stat. 299. 701(2) ...... 31:2(last par.). June 10, 1921, ch. 18, 42 Stat. 20, § 2(last par.); added Sept. 12, 1950, ch. 946, § 101, 64 Stat. 832. In clause (1), ‘‘agency’’ (which is defined for purposes of this title in section 101 to mean a department, agen- cy, or instrumentality of the United States) is coexten- sive with and substituted for the term ‘‘department or establishment’’ which was defined in 31:2 as in part meaning ‘‘any executive department, independent com- mission, board, bureau, office, agency, or other estab- lishment of the Government, including any inde- pendent regulatory commission or board’’. This defini- tion merely restates and continues, and does not in any way change or expand, the definition in 31:2. Under that definition, entities such as the Tennessee Valley Au- thority that have been interpreted to be outside the purview of the definition will continue to be outside the purview in the same manner and to the same extent that they were under 31:2. The words ‘‘includes the Dis- trict of Columbia government’’ are used because of ex- isting law but the inclusion of these words is not to be interpreted as construing the extent to which the Dis- trict of Columbia Self-Government and Governmental Reorganizational Act (Pub. L. 93–198, 87 Stat. 774) su- persedes the provisions codified in this title. The words ‘‘of the United States’’ are omitted as surplus. The text of 31:2 (2d–4th pars.) is omitted as unnecessary because of the restatement. The text of section 2 (3d par.) of the Budget and Accounting Act, 1921 (ch. 18, 42 Stat. 20), is omitted as obsolete because of section 501 of the revised title. 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.