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 revised title and with other titles of the United States Code. The words ‘‘payable . . . of the General Schedule’’ are omitted as surplus. In subsection (b)(3)(A), the words ‘‘to the extent nec- essary’’ are omitted as surplus. The words ‘‘officer or’’ are added for consistency in the revised title and with other titles of the Code. In subsection (b)(3)(D), the word ‘‘otherwise’’ is omit- ted as surplus. The words ‘‘duties and powers’’ are sub- stituted for ‘‘functions’’ for consistency. Editorial Notes AMENDMENTS 2004—Subsec. (b)(3)(A). Pub. L. 108–271 substituted ‘‘Government Accountability Office’’ for ‘‘General Ac- counting Office’’. 1988—Subsec. (b)(2). Pub. L. 100–426 substituted ‘‘The rate of basic pay of the General Counsel may be not more than the maximum rate of basic pay payable for grade GS–16 of the General Schedule’’ for ‘‘The annual rate of basic pay of the General Counsel may be not more than the maximum rate for GS–15’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME General Accounting Office redesignated Government Accountability Office. See section 8 of Pub. L. 108–271, set out as a note under section 702 of this title. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 753. Duties and powers (a) The General Accounting Office Personnel Appeals Board 1 may consider and order correc- tive or disciplinary action in a case arising from— (1) an officer or employee appeal about a re- moval, suspension for more than 14 days, re- duction in grade or pay, or furlough of not more than 30 days; (2) a prohibited personnel practice under sec- tion 732(b)(2) of this title; (3) a prohibited political activity under sec- tion 732(b)(3) of this title; (4) a decision of an appropriate unit of em- ployees 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, including a labor practice prohibited under section 732(e)(1) of this title; (7) an action involving discrimination pro- hibited under section 732(f)(1) of this title; (8) an issue about Office personnel the Comp- troller General by regulation decides the Board shall resolve; and (9) an action involving discrimination pro- hibited under section 312(e)(2) 2 of the Archi- tect of the Capitol Human Resources Act. (b) The Board has no authority to issue a stay of any reduction in force action. (c) The Board may delegate to a member or a panel of members the authority to act under subsection (a) of this section. A decision of a member or panel under subsection (a) is deemed to be a final decision of the Board unless the Board reconsiders the decision under subsection (d) of this section. (d) On motion of a party or on its own initia- tive, the Board may reconsider a decision under subsection (a) of this section by the 30th day after the decision is made. (e) The Board shall prescribe regulations— (1) providing for officer and employee ap- peals consistent with sections 7701 and 7702 of title 5; and (2) on the operating procedure of the Board. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 901; Pub. L. 103–283, title III, § 312(e)(4)(B), July 22, 1994, 108 Stat. 1446; Pub. L. 104–53, title II, § 213, Nov. 19, 1995, 109 Stat. 535.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 753(a) ...... 31:52–3(h). Feb. 15, 1980, Pub. L. 96–191, § 4(h), (j), (k), (m), 94 Stat. 30, 31. Page 106 TITLE 31—MONEY AND FINANCE § 754 1 See Change of Name note below. 1 So in original. Second comma probably should follow ‘‘(7)’’. 2 See References in Text note below. HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 753(b) ...... 31:52–3(j). 753(c) ...... 31:52–3(k). 753(d) ...... 31:52–3(m). In the section, the words ‘‘officer or’’ are added for consistency in the revised title and with other titles of the United States Code. In subsection (a), before clause (1), the words ‘‘de- cide’’ and ‘‘(where appropriate)’’ are omitted as surplus. In clause (6), the words ‘‘relations program’’ are sub- stituted for ‘‘system’’ for consistency. In clause (8), the words ‘‘most appropriately’’ are omitted as surplus. In subsection (b), the words ‘‘delegate . . . to act’’ are substituted for ‘‘designate . . . to take any action which the Board is authorized to take’’ for consistency and to eliminate unnecessary words. The words ‘‘indi- vidual’’ and ‘‘reopened and’’ are omitted as surplus. In subsection (c), the words ‘‘reopen and’’ are omitted as surplus. In subsection (d)(1), the words ‘‘the principles of’’ are omitted as surplus. Editorial Notes REFERENCES IN TEXT Section 312(e)(2) of the Architect of the Capitol Human Resources Act, referred to in subsec. (a)(9), was classified to section 1831(e)(2) of Title 2, The Congress, and was repealed by Pub. L. 104–1, title V, § 504(c)(1), Jan. 23, 1995, 109 Stat. 41, except as provided in section 1435 of Title 2. AMENDMENTS 1995—Subsec. (b). Pub. L. 104–53, § 213(2), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 104–53, § 213(1), (3), redesignated subsec. (b) as (c) and in second sentence substituted ‘‘under subsection (d)’’ for ‘‘under subsection (c)’’. Former subsec. (c) redesignated (d). Subsecs. (d), (e). Pub. L. 104–53, § 213(1), redesignated subsecs. (c) and (d) as (d) and (e), respectively. 1994—Subsec. (a)(9). Pub. L. 103–283 added par. (9). See Application of Provisions Amended by Pub. L. 103–283 note below. Statutory Notes and Related Subsidiaries CHANGE OF NAME General Accounting Office redesignated Government Accountability Office. See section 8 of Pub. L. 108–271, set out as a note under section 702 of this title. APPLICATION OF PROVISIONS AMENDED BY PUB. L. 103–283 Provisions of this section amended by section 312(e) of Pub. L. 103–283 to be applied and administered as if section 312(e) and the amendments made by section 312(e) had not been enacted, see section 504(c)(2) of Pub. L. 104–1, set out as a note under section 751 of this title. § 754. Action by the Comptroller General When the Comptroller General has authority, the Comptroller General promptly shall carry out action the General Accounting Office Per- sonnel Appeals Board 1 orders under section 753 of this title. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 902.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 754 .......... 31:52–3(i). Feb. 15, 1980, Pub. L. 96–191, § 4(i), 94 Stat. 31. The words ‘‘to do so’’ and ‘‘corrective’’ are omitted as surplus. The words ‘‘under section 753 of this title’’ are added for clarity. Statutory Notes and Related Subsidiaries CHANGE OF NAME General Accounting Office redesignated Government Accountability Office. See section 8 of Pub. L. 108–271, set out as a note under section 702 of this title. § 755. Judicial review (a) A final decision under section 753(a)(1)–(3), (6),,1 (7) or (9) of this title may be reviewed by the United States Court of Appeals for the Fed- eral Circuit. Chapter 158 of title 28 applies to a review under this subchapter, except the peti- tion for review shall be filed by the 30th day after the petitioner receives notice of the deci- sion. The court shall set aside a final decision the court decides is— (1) arbitrary, capricious, an abuse of discre- tion, or otherwise not consistent with law; (2) not made consistent with required proce- dures; or (3) unsupported by substantial evidence. (b) If an officer, employee, applicant for em- ployment, or employee of the Architect of the Capitol, the Botanic Garden, or the Senate Res- taurants is the prevailing party in a proceeding under this section, and the decision is based on a finding of discrimination prohibited under sec- tion 732(f) of this title or under section 312(e)(2) 2 of the Architect of the Capitol Human Resources Act, attorney’s fees may be allowed by the court in accordance with the standards prescribed under section 706(k) of the Civil Rights Act of 1964. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 902; Pub. L. 98–216, § 1(1), Feb. 14, 1984, 98 Stat. 3; Pub. L. 100–426, title I, § 103(a), (b), Sept. 9, 1988, 102 Stat. 1599; Pub. L. 103–283, title III, § 312(e)(4)(C), July 22, 1994, 108 Stat. 1446.) HISTORICAL AND REVISION NOTES 1982 ACT Revised Section Source (U.S. Code) Source (Statutes at Large) 755 .......... 31:52–3(l). Feb. 15, 1980, Pub. L. 96–191, § 4(l), 94 Stat. 31. In the section, before clause (1), the first sentence is substituted for 31:52–3(l)(1)(1st sentence) for consistency with other titles of the United States Code. The word ‘‘review’’ is substituted for ‘‘appeal’’ for consistency. The words ‘‘the procedures of’’, ‘‘any other provision of law’’, ‘‘of a final decision of the Board . . . the date . . . of the Board’’, and ‘‘In any case filed under paragraph (1) . . . review the record and’’ are omitted as surplus. The words ‘‘final decision’’ are substituted for ‘‘agency action, findings, or conclusions’’ for consistency. Clause (2) is substituted for 31:52–3(l)(2)(B) to eliminate unnecessary words.