31 U.S.C. § 703 — Comptroller General and Deputy Comp-

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. Page 75 TITLE 31—MONEY AND FINANCE § 703 (b) Except as provided in subsection (e) of this section, the term of the Comptroller General is 15 years. The Comptroller General may not be reappointed. The term of the Deputy Comp- troller General expires on the date an individual is appointed Comptroller General. The Deputy Comptroller General may continue to serve until a successor is appointed. (c) The Deputy Comptroller General— (1) carries out duties and powers prescribed by the Comptroller General; and (2) acts for the Comptroller General when the Comptroller General is absent or unable to serve or when the office of Comptroller Gen- eral is vacant. (d) The Comptroller General shall designate an officer or employee of the Government Account- ability Office to act as Comptroller General when the Comptroller General and Deputy Comptroller General are absent or unable to serve or when the offices of Comptroller General and Deputy Comptroller General are vacant. (e)(1) A Comptroller General or Deputy Comp- troller General may retire after becoming 70 years of age and completing 10 years of service as Comptroller General or Deputy Comptroller General (as the case may be). Either may be re- moved at any time by— (A) impeachment; or (B) joint resolution of Congress, after notice and an opportunity for a hearing, only for— (i) permanent disability; (ii) inefficiency; (iii) neglect of duty; (iv) malfeasance; or (v) a felony or conduct involving moral turpitude. (2) A Comptroller General or Deputy Comp- troller General removed from office under para- graph (1) of this subsection may not be re- appointed to the office. (f) The annual rate of basic pay of the— (1) Comptroller General is equal to the rate for level II of the Executive Schedule; and (2) Deputy Comptroller General is equal to the rate for level III of the Executive Sched- ule. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 888; Pub. L. 100–426, title II, § 201, 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) 703(a)(1) .. 31:42(a)(1st sentence words after comma). June 10, 1921, ch. 18, § 302(a)(1st sentence words after 1st comma, last sen- tence), 42 Stat. 23; Apr. 3, 1980, Pub. L. 96–226, § 104(a), 94 Stat. 314. 703(a)(2), (3). 31:42(b). June 10, 1921, ch. 18, 42 Stat. 20, § 302(b); added Apr. 3, 1980, Pub. L. 96–226, § 104(a), 94 Stat. 314. 703(b) ...... 31:43(1st par. 1st, 2d sentence). June 10, 1921, ch. 18, § 303(1st par.), 42 Stat. 23; Apr. 3, 1980, Pub. L. 96–226, § 104(b)(1), 94 Stat. 315. 703(c) ...... 31:42(a)(last sen- tence). 703(d) ...... 31:43a. June 27, 1944, ch. 286, § 101(last par. on p. 371), 58 Stat. 371. 703(e) ...... 31:43(1st par. 3d–last sentences). HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 703(f) ....... 31:42a. Aug. 14, 1964, Pub. L. 88–426, § 203(a), (b), 78 Stat. 415; Dec. 16, 1967, Pub. L. 90–206, § 219(1), 81 Stat. 639; restated Aug. 9, 1975, Pub. L. 94–82, § 204(b), 89 Stat. 421. In subsections (a)(1), (b), (d), and (e), the word ‘‘Dep- uty’’ is substituted for ‘‘Assistant’’ because of section 101 of the Act of July 9, 1971 (Pub. L. 92–51, 85 Stat. 143). In subsection (a)(1), the words ‘‘The Comptroller Gen- eral and Deputy Comptroller General’’ are added be- cause of the restatement. The words ‘‘by and’’ are added for consistency. The words ‘‘and shall receive sal- aries of $10,000 and $7,500 a year, respectively’’ in sec- tion 302(a)(1st sentence words after 2d comma) of the Budget and Accounting Act, 1921 (ch. 18, 42 Stat. 23), are omitted as superseded by subsection (f) of this sec- tion. In subsection (a)(2), before clause (A), the words ‘‘after April 3, 1980’’ are omitted as executed. In clause (E), the words ‘‘of the United States’’ are omitted as surplus. In subsection (a)(3), the words ‘‘because of a vacancy in the office of the Comptroller General’’ are sub- stituted for ‘‘under paragraph (1)’’ for clarity. The word ‘‘recommend’’ is substituted for ‘‘submit’’ and ‘‘sub- mitted’’ for consistency. The words ‘‘to the President for consideration the names of’’, ‘‘for the Office of Comptroller General’’, and ‘‘within his discretion’’ are omitted as surplus. In subsection (b), the words ‘‘the term of . . . is 15 years’’ are substituted for ‘‘shall hold office for fifteen years’’ for consistency. The words ‘‘eligible for’’ are omitted as surplus. The words ‘‘the term of . . . expires on’’ are substituted for ‘‘shall hold office from the date of his appointment until’’ to eliminate unnecessary words and for consistency. The words ‘‘to fill a vacancy in the Office of’’ are omitted as surplus. In subsection (c), the words ‘‘carries out duties and powers prescribed’’ are substituted for ‘‘perform such duties as may be assigned’’ for consistency. The words ‘‘to him’’ are omitted as surplus. In subsection (d), the words ‘‘officer or’’ are added for consistency in the revised title. The text of section 101(last par. on p. 371 words before colon) of the Act of June 27, 1944 (ch. 286, 58 Stat. 371), is omitted as ex- pired. In subsection (e)(1), before clause (A), the words ‘‘from his office’’ are omitted as surplus. In clause (A), the words ‘‘and for no other cause and in no other man- ner’’ are omitted as surplus. In clause (B), before sub- clause (i), the words ‘‘opportunity for a’’ are added for consistency. The words ‘‘guilty of’’ are omitted as sur- plus. In subclause (i), the word ‘‘disability’’ is sub- stituted for ‘‘incapacitated’’ for consistency in the chapter and with title 5. In subclause (iv), the words ‘‘in office’’ are omitted as surplus. In subsection (e)(2), the words ‘‘from office’’ are added for clarity. In subsection (f), before clause (1), the words ‘‘basic pay’’ are substituted for ‘‘compensation’’ for consist- ency with other titles of the United States Code. In clauses (1) and (2), the words ‘‘of the United States’’ and ‘‘positions at’’ are omitted as surplus. In clause (1), the words ‘‘of subchapter II of chapter 53 of title 5’’ are omitted as surplus. Editorial Notes AMENDMENTS 2004—Subsec. (d). Pub. L. 108–271 substituted ‘‘Govern- ment Accountability Office’’ for ‘‘General Accounting Office’’. 1988—Subsec. (e)(1). Pub. L. 100–426 substituted ‘‘may retire after becoming 70 years of age and completing 10 years of service as Comptroller General or Deputy Page 76 TITLE 31—MONEY AND FINANCE § 704 Comptroller General (as the case may be)’’ for ‘‘retires on becoming 70 years of age’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Gov- ernmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Con- gress, Oct. 9, 2004. Committee on Government Operations of House of Representatives treated as referring to Committee on Government Reform and Oversight of House of Rep- resentatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Rep- resentatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. 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 Congress, Jan. 9, 2019. Com- mittee on Oversight and Reform of House of Represent- atives changed to Committee on Oversight and Ac- countability of House of Representatives by House Res- olution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–426 effective after end of 60-day period beginning Sept. 9, 1988, with certain ex- ceptions, see section 208 of Pub. L. 100–426, set out as a note under section 772 of this title. Executive Documents SALARY INCREASES 1987—Salaries of Comptroller General and Deputy Comptroller General increased respectively to $89,500 and $82,500 per annum, on recommendation of the Presi- dent of the United States, see note set out under sec- tion 358 of Title 2, The Congress. 1977—Salaries of Comptroller General and Deputy Comptroller General increased respectively to $57,500 and $52,500 per annum, on recommendation of the Presi- dent of the United States, see note set out under sec- tion 358 of Title 2. 1969—Salaries of Comptroller General and Assistant Comptroller General increased respectively to $42,500 and $40,000 per annum, on recommendation of the Presi- dent of the United States, see note set out under sec- tion 358 of Title 2. § 704. Relationship to other laws (a) To the extent applicable, all laws generally related to administering an agency apply to the Comptroller General. (b) A copy of a record and a transcript from a record or proceeding of the Comptroller General, that the Comptroller General or Deputy Comp- troller General certifies under seal, shall be ad- mitted as evidence with the same effect as a copy or transcript referred to in section 1733 of title 28. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 889.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 704(a) ...... 31:46(1st sentence). June 10, 1921, ch. 18, § 306, 42 Stat. 24. HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 704(b) ...... 31:46(last sentence). In the section, the words ‘‘Comptroller General’’ are substituted for ‘‘General Accounting Office’’ for con- sistency. In subsection (a), the word ‘‘agency’’ is substituted for ‘‘departments and establishments’’ because of sec- tion 701 of the revised title. In subsection (b), the word ‘‘record’’ is substituted for ‘‘books, records, papers, or documents’’ for consistency in the revised title and with other titles of the United States Code. § 705. Inspector General for the Government Ac- countability Office (a) ESTABLISHMENT OF OFFICE.—There is estab- lished an Office of the Inspector General in the Government Accountability Office, to— (1) conduct and supervise audits consistent with generally accepted government auditing standards and investigations relating to the Government Accountability Office; (2) provide leadership and coordination and recommend policies, to promote economy, effi- ciency, and effectiveness in the Government Accountability Office; and (3) keep the Comptroller General and Con- gress fully and currently informed concerning fraud and other serious problems, abuses, and deficiencies relating to the administration of programs and operations of the Government Accountability Office. (b) APPOINTMENT, SUPERVISION, AND RE- MOVAL.— (1) The Office of the Inspector General shall be headed by an Inspector General, who shall be appointed by the Comptroller General with- out regard to political affiliation and solely on the basis of integrity and demonstrated abil- ity in accounting, auditing, financial analysis, law, management analysis, public administra- tion, or investigations. The Inspector General shall report to, and be under the general su- pervision of, the Comptroller General. (2)(A) The Inspector General may be re- moved from office by the Comptroller General. (B) If the Inspector General is removed from office or is transferred to another position or location within the Government Account- ability Office, the Comptroller General shall communicate in writing the substantive ra- tionale, including detailed and case-specific reasons, for any such removal or transfer to both Houses of Congress (including to the ap- propriate congressional committees), not later than 30 days before the removal or transfer. (C) If there is an open or completed inquiry into the Inspector General that relates to the removal or transfer of the Inspector General under subparagraph (A), the written commu- nication required under subparagraph (B) shall— (i) identify each entity that is conducting, or that conducted, the inquiry; and (ii) in the case of a completed inquiry, con- tain the findings made during the inquiry. (D) Nothing in this paragraph shall prohibit a personnel action otherwise authorized by law, other than transfer or removal.