US (United States) Code. Title 31. Subtitle I: General. Chapter 17: General Accounting Office

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Money and finance

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-CITE-

31 USC CHAPTER 7 - GENERAL ACCOUNTING OFFICE 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

-HEAD-

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

-MISC1-

SUBCHAPTER I - DEFINITIONS AND GENERAL ORGANIZATION

Sec.

701. Definitions.

702. General Accounting Office.

703. Comptroller General and Deputy Comptroller General.

704. Relationship to other laws.

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 reserve banks, Federal

Deposit Insurance Corporation, and Office of

Comptroller of the Currency.

715. Audit of accounts and operations of the District 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.

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.

AMENDMENTS

2000 - Pub. L. 106-303, Sec. 4(a)(3), Oct. 13, 2000, 114 Stat.

1069, added item 732a.

1994 - Pub. L. 103-272, Sec. 4(f)(1)(C), July 5, 1994, 108 Stat.

1362, struck out "Sec." immediately above item 781.

1988 - Pub. L. 100-545, Sec. 2(a), Oct. 28, 1988, 102 Stat. 2728,

added subchapter VI heading and items 781 to 783.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 3555 of this title; title

49 section 41764.

-FOOTNOTE-

(!1) Section catchline amended by Pub. L. 107-296 without

corresponding amendment of chapter analysis.

-End-

-CITE-

31 USC SUBCHAPTER I - DEFINITIONS AND GENERAL

ORGANIZATION 01/06/03

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TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER I - DEFINITIONS AND GENERAL ORGANIZATION

-HEAD-

SUBCHAPTER I - DEFINITIONS AND GENERAL ORGANIZATION

-End-

-CITE-

31 USC Sec. 701 01/06/03

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TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER I - DEFINITIONS AND GENERAL ORGANIZATION

-HEAD-

Sec. 701. Definitions

-STATUTE-

In this chapter -

(1) "agency" includes the District of Columbia government but

does not include the legislative branch or the Supreme Court.

(2) "appropriations" means appropriated amounts and includes,

in appropriate context -

(A) funds;

(B) authority to make obligations by contract before

appropriations; and

(C) other authority making amounts available for obligation

or expenditure.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 887.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

701(1) 31:2(1st-4th pars.). June 10, 1921, ch. 18, Sec.

2(1st-5th pars.), 42 Stat. 20;

Apr. 3, 1939, ch. 36, Sec.

201, 53 Stat. 565; July 31,

1953, ch. 302, Sec. 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, Sec. 2(last par.);

added Sept. 12, 1950, ch. 946,

Sec. 101, 64 Stat. 832.

--------------------------------------------------------------------

In clause (1), "agency" (which is defined for purposes of this

title in section 101 to mean a department, agency, or

instrumentality of the United States) is coextensive with and

substituted for the term "department or establishment" which was

defined in 31:2 as in part meaning "any executive department,

independent commission, board, bureau, office, agency, or other

establishment of the Government, including any independent

regulatory commission or board". This definition 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 Authority 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 District of Columbia

government" are used because of existing law but the inclusion of

these words is not to be interpreted as construing the extent to

which the District of Columbia Self-Government and Governmental

Reorganizational Act (Pub. L. 93-198, 87 Stat. 774) supersedes 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.

SHORT TITLE OF 1996 AMENDMENT

Pub. L. 104-316, Sec. 1, Oct. 19, 1996, 110 Stat. 3826, provided

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, Sec. 1, Sept. 9, 1988, 102 Stat. 1598, provided

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 Employees, and enacting provisions set

out as notes under sections 755 and 772 of this title] may be cited

as the 'General Accounting Office Personnel Amendments Act of

1988'."

-End-

-CITE-

31 USC Sec. 702 01/06/03

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TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER I - DEFINITIONS AND GENERAL ORGANIZATION

-HEAD-

Sec. 702. General Accounting Office

-STATUTE-

(a) The General Accounting Office is an instrumentality of the

United States Government 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.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 887; Pub. L. 100-545,

Sec. 2(b), Oct. 28, 1988, 102 Stat. 2729.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

702(a) 31:41(1st sentence June 10, 1921, ch. 18, Sec.

less last 14 words, 301, 42 Stat. 23.

2d, 3d sentences).

702(b) 31:41(1st sentence

last 14 words).

31:42(a)(1st June 10, 1921, ch. 18, Sec.

sentence words 302(a)(1st sentence words

before comma). before 1st comma), 42 Stat.

23; Apr. 3, 1980, Pub. L.

96-226, Sec. 104(a), 94 Stat.

314.

31:1154(d)(1st Oct. 26, 1970, Pub. L. 91-510,

sentence). Sec. 204(d)(1st sentence), 84

Stat. 1168; restated July 12,

1974, Pub. L. 93-344, Sec.

702(a), 88 Stat. 326.

31:1155(a). Oct. 26, 1970, Pub. L. 91-510,

Sec. 205(a), 84 Stat. 1168.

702(c) 31:51-1. Jan. 2, 1975, Pub. L. 93-604,

Sec. 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 "establishment 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 consistency. The word "Deputy" is

substituted for "Assistant" 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 Office to carry out

duties and powers unless otherwise specified by law.

In subsection (c), the words "Administrator of General Services"

are substituted for "the head of any Federal agency which exercises

authority over such building" for clarity. The words "of the United

States" are omitted as surplus.

AMENDMENTS

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 Accounting Office Building.

-TRANS-

TRANSFERS AND TERMINATIONS OF FUNCTIONS

Pub. L. 104-316, title I, Sec. 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 is amended by this title [see Tables for

classification] to substitute another Federal officer, employee,

or agency in that authorization, the authority under that

provision to perform 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 is repealed by this Act [see Tables for

classification], the authority under that provision to perform

that function is terminated.

"(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

pursuant to subsection (b) of this section that relate to the

delegated functions.

"(b) Incidental Transfers. -

"(1) In general. - Incident to any transfer of authority under

subsection (a)(1), there shall be transferred to the recipient

Federal officer, employee, or agency such personnel, records,

budget authority, and property of the General Accounting Office

as the Comptroller General and the Director of the Office of

Management and Budget jointly determine to be necessary 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 is deemed to refer to the Federal officer or

agency to which the function or authority is transferred under this

Act.

"(d) Savings Provisions. -

"(1) Orders and other official actions not affected. - All

orders, determinations, rules, regulations, permits, grants,

contracts, certificates, licenses, and privileges -

"(A) which have been issued, made, granted, or allowed to

become effective by the Comptroller General or any official of

the General Accounting Office, or by a court of competent

jurisdiction, in the performance of any function or authority

transferred under this Act, and

"(B) which are in effect at the time of the transfer;

shall continue in effect according to their terms until modified,

terminated, superseded, set aside, or revoked 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 authority is transferred until completed or terminated in

accordance with law.

"(3) Judicial proceedings and causes of actions. - No suit,

action, or other proceeding or cause of action relating to a

function or authority transferred under this Act shall abate by

reason of the enactment of this Act. If, before the date on which

a transfer of a function or authority this Act takes effect, the

Comptroller General of the United States or any officer or

employee of the General Accounting Office in their official

capacity is party to a suit relating to the function or

authority, then such suit shall be continued and the head of the

agency to which the function or authority is transferred, or

other appropriate official of that agency, shall be substituted

or added as a party."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 735 of this title.

-End-

-CITE-

31 USC Sec. 703 01/06/03

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TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER I - DEFINITIONS AND GENERAL ORGANIZATION

-HEAD-

Sec. 703. Comptroller General and Deputy Comptroller General

-STATUTE-

(a)(1) The Comptroller General and Deputy Comptroller General are

appointed by the President, 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

recommend individuals to the President for appointment to the

vacant office. The commission shall be composed of -

(A) the Speaker of the House of Representatives;

(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 vacancy in the office

of the Comptroller General shall recommend at least 3 individuals.

The President may ask the commission to recommend additional

individuals.

(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 Comptroller

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 General is vacant.

(d) The Comptroller General shall designate an officer or

employee of the General Accounting 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 Comptroller 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 removed 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 Comptroller General removed

from office under paragraph (1) of this subsection may not be

reappointed 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 Schedule.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 888; Pub. L. 100-426,

title II, Sec. 201, Sept. 9, 1988, 102 Stat. 1599.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

703(a)(1) 31:42(a)(1st June 10, 1921, ch. 18, Sec.

sentence words 302(a)(1st sentence words

after comma). after 1st comma, last

sentence), 42 Stat. 23; Apr.

3, 1980, Pub. L. 96-226, Sec.

104(a), 94 Stat. 314.

703(a)( 31:42(b). June 10, 1921, ch. 18, 42

2), (3) Stat. 20, Sec. 302(b); added

Apr. 3, 1980, Pub. L. 96-226,

Sec. 104(a), 94 Stat. 314.

703(b) 31:43(1st par. 1st, June 10, 1921, ch. 18, Sec.

2d sentence). 303(1st par.), 42 Stat. 23;

Apr. 3, 1980, Pub. L. 96-226,

Sec. 104(b)(1), 94 Stat. 315.

703(c) 31:42(a)(last

sentence).

703(d) 31:43a. June 27, 1944, ch. 286, Sec.

101(last par. on p. 371), 58

Stat. 371.

703(e) 31:43(1st par.

3d-last sentences).

703(f) 31:42a. Aug. 14, 1964, Pub. L. 88-426,

Sec. 203(a), (b), 78 Stat.

415; Dec. 16, 1967, Pub. L.

90-206, Sec. 219(1), 81 Stat.

639; restated Aug. 9, 1975,

Pub. L. 94-82, Sec. 204(b), 89

Stat. 421.

--------------------------------------------------------------------

In subsections (a)(1), (b), (d), and (e), the word "Deputy" 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 General and

Deputy Comptroller General" are added because of the restatement.

The words "by and" are added for consistency. The words "and shall

receive salaries of $10,000 and $7,500 a year, respectively" in

section 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 section.

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 substituted for "under

paragraph (1)" for clarity. The word "recommend" is substituted for

"submit" and "submitted" 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 expired.

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 manner" are omitted as surplus. In

clause (B), before subclause (i), the words "opportunity for a" are

added for consistency. The words "guilty of" are omitted as

surplus. In subclause (i), the word "disability" is substituted 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 consistency 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.

AMENDMENTS

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 Comptroller General (as the case

may be)" for "retires on becoming 70 years of age".

-CHANGE-

CHANGE OF NAME

Committee on Government Operations of House of Representatives

treated as referring to Committee on Government Reform and

Oversight of House of Representatives 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.

-MISC2-

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-426 effective after end of 60-day period

beginning Sept. 9, 1988, with certain exceptions, see section 208

of Pub. L. 100-426, set out as a note under section 772 of this

title.

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 President of the United States, see note set

out under section 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 President of the United States, see note set

out under section 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 President of the United States, see note set

out under section 358 of Title 2.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 735, 772 of this title;

title 2 section 356.

-End-

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31 USC Sec. 704 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER I - DEFINITIONS AND GENERAL ORGANIZATION

-HEAD-

Sec. 704. Relationship to other laws

-STATUTE-

(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 Comptroller General certifies under seal, shall be

admitted as evidence with the same effect as a copy or transcript

referred to in section 1733 of title 28.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 889.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

704(a) 31:46(1st sentence). June 10, 1921, ch. 18, Sec.

306, 42 Stat. 24.

704(b) 31:46(last

sentence).

--------------------------------------------------------------------

In the section, the words "Comptroller General" are substituted

for "General Accounting Office" for consistency.

In subsection (a), the word "agency" is substituted for

"departments and establishments" because of section 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.

-End-

-CITE-

31 USC SUBCHAPTER II - GENERAL DUTIES AND POWERS 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER II - GENERAL DUTIES AND POWERS

-HEAD-

SUBCHAPTER II - GENERAL DUTIES AND POWERS

-End-

-CITE-

31 USC Sec. 711 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER II - GENERAL DUTIES AND POWERS

-HEAD-

Sec. 711. General authority

-STATUTE-

The Comptroller General may -

(1) prescribe regulations to carry out the duties and powers of

the Comptroller General;

(2) delegate the duties and powers of the Comptroller General

to officers and employees of the General Accounting Office as the

Comptroller General decides is necessary to carry out those

duties and powers;

(3) regulate the practice of representatives of persons before

the Office; and

(4) administer oaths to witnesses when auditing and settling

accounts.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 889.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

711 31:44(1st sentence). June 10, 1921, ch. 18, Sec.

304(1st par. 1st sentence), 42

Stat. 24.

31:52(c), (d). June 10, 1921, ch. 18, Sec.

311(c), (d), 42 Stat. 25; Feb.

15, 1980, Pub. L. 96-191, Sec.

8(e)(4), 94 Stat. 33.

31:52-1(related to Feb. 15, 1980, Pub. L. 96-191,

direct). Sec. 2(related to direct), 94

Stat. 27.

31:117. R.S. Sec. 297.

--------------------------------------------------------------------

In clause (1), the words "may . . . prescribe regulations to

carry out the duties and powers of the Comptroller General" are

substituted for "shall make such rules and regulations as may be

necessary for carrying on the work of the General Accounting

Office" in 31:52(d) for consistency.

In clause (2), the word "delegate" is substituted for "direct" in

31:52-1, and the words "officers and employees" are substituted for

"personnel", and 31:52(c) is omitted, for consistency in the

revised title and with other titles of the United States Code.

In clause (3), the words "rules and" in 31:52(d) are omitted as

surplus. The words "representatives of persons" are substituted for

"attorneys" for clarity and consistency in the revised title.

In clause (4), the words "in any case in which they may deem it

necessary for the due" in 31:117 are omitted as surplus. The words

"auditing and settling" are substituted for "examination" for

consistency. The words "with which they shall be charged" are

omitted because of the restatement.

-End-

-CITE-

31 USC Sec. 712 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER II - GENERAL DUTIES AND POWERS

-HEAD-

Sec. 712. Investigating the use of public money

-STATUTE-

The Comptroller General shall -

(1) investigate all matters related to the receipt,

disbursement, and use of public money;

(2) estimate the cost to the United States Government of

complying with each restriction on expenditures of a specific

appropriation in a general appropriation law and report each

estimate to Congress with recommendations the Comptroller General

considers desirable;

(3) analyze expenditures of each executive agency the

Comptroller General believes will help Congress decide whether

public money has been used and expended economically and

efficiently;

(4) make an investigation and report ordered by either House of

Congress or a committee of Congress having jurisdiction over

revenue, appropriations, or expenditures; and

(5) give a committee of Congress having jurisdiction over

revenue, appropriations, or expenditures the help and information

the committee requests.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 889.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

712(1) 31:53(a)(1st June 10, 1921, ch. 18, Sec.

sentence words 312(a)(1st sentence words

before 5th comma). before 5th comma), (b), 42

Stat. 25.

712(2) 31:59. Aug. 2, 1946, ch. 753, Secs.

205, 206(1st sentence), 60

Stat. 837.

712(3) 31:60(1st sentence).

712(4) 31:53(b)(1st

sentence).

712(5) 31:53(b)(last

sentence).

--------------------------------------------------------------------

In clause (1), the words "at the seat of government or elsewhere"

are omitted as surplus.

In clause (2), the words "estimate the cost to the United States

Government of complying with each restriction on expenditures" are

substituted for "make a full and complete study of restrictions . .

. limiting the expenditure therein with a view to determining the

cost to the Government incident to complying with such

restrictions", and the word "desirable" is substituted for

"necessary or desirable", to eliminate unnecessary words.

In clause (3), the words "executive agency" are substituted for

"agency in the executive branch of the Government (including

Government corporations)" because of section 102 of the revised

title.

In clause (4), the words "committee of Congress" are substituted

for "committee of either House" for consistency.

In clause (5), the words "at the request of any such committee,

direct assistants from his office" are omitted as surplus.

REPORT ON TOBACCO SETTLEMENT AGREEMENT

Pub. L. 107-171, title X, Sec. 10908, May 13, 2002, 116 Stat.

538, provided that: "Not later than December 31, 2002, and annually

thereafter through 2006, the Comptroller General shall submit to

Congress a report that describes all programs and activities that

States have carried out using funds received under all phases of

the Master Settlement Agreement of 1997."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 719 of this title.

-End-

-CITE-

31 USC Sec. 713 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER II - GENERAL DUTIES AND POWERS

-HEAD-

Sec. 713. Audit of Internal Revenue Service, Tax and Trade Bureau,

and Bureau of Alcohol, Tobacco, Firearms, and Explosives

-STATUTE-

(a) Under regulations of the Comptroller General, the Comptroller

General shall audit the Internal Revenue Service and the Tax and

Trade Bureau, Department of the Treasury, and the Bureau of

Alcohol, Tobacco, Firearms, and Explosives, Department of Justice

of the Department of the Treasury.(!1) An audit under this section

does not affect a final decision of the Secretary of the Treasury

under section 6406 of the Internal Revenue Code of 1986 (26 U.S.C.

6406).

(b)(1) To carry out this section and to the extent provided by

and only subject to section 6103 of the Internal Revenue Code of

1986 (26 U.S.C. 6103) -

(A) returns and return information (as defined in section

6103(b) of the Internal Revenue Code of 1986 (26 U.S.C. 6103(b))

shall be made available to the Comptroller General; and

(B) records and property of, or used by, the Service or either

Bureau, shall be made available to the Comptroller General.

(2) At least once every 6 months, the Comptroller General shall

designate each officer and employee of the General Accounting

Office by name and title to whom returns, return information, or

records or property of the Service or either Bureau that can

identify a particular taxpayer may be made available. Each

designation or a certified copy of the designation shall be sent to

the Committee on Finance of the Senate, the Committee on Ways and

Means of the House of Representatives, the Committee on

Governmental Affairs of the Senate, the Committee on Government

Operations of the House, the Joint Committee on Taxation, the

Commissioner of Internal Revenue, the Tax and Trade Bureau,

Department of the Treasury, and the Director of the Bureau of

Alcohol, Tobacco, Firearms, and Explosives, Department of Justice.

(3) Except as expressly provided by law, an officer or employee

of the Office may make known information derived from a record or

property of, or in use by, the Service or either Bureau that can

identify a particular taxpayer only to another officer or employee

of the Office whose duties or powers require that the record or

property be made known.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 889; Pub. L. 99-514, Sec.

2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 107-296, title XI, Sec.

1112(m), Nov. 25, 2002, 116 Stat. 2277.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

713(a) 31:67(d)(1). Sept. 12, 1950, ch. 946, 64

Stat. 832, Sec. 117(d)(1)-(3);

added Oct. 7, 1977, Pub. L.

95-125, Sec. 1, 91 Stat. 1104.

713(b)(1) 31:67(d)(2)(1st

sentence less

proviso).

713(b)(2) 31:67(d)(3).

713(b)(3) 31:67(d)(2)(1st

sentence proviso,

last sentence).

--------------------------------------------------------------------

In subsection (a), the words "rules and" and "findings or" are

omitted as surplus. The words "or his delegate" are omitted as

unnecessary because of sections 301(b) and 321(a)(2) of the revised

title.

In subsection (b)(1), before clause (A), the words "To carry out"

are substituted for "For the purposes of, and to the extent

necessary in, making the audits required by", and the word "only"

is substituted for "but notwithstanding the provisions of any other

law", to eliminate unnecessary words. The words "the requirements

imposed by" are omitted as surplus. The words "Comptroller General"

are substituted for "representatives of the General Accounting

Office" for consistency. In clause (B), the word "records" is

substituted for "books, accounts, financial records, reports,

files, papers" for consistency in the revised title and with other

titles of the United States Code. The words "other" and "things"

are omitted as surplus.

In subsection (b)(2), the words "in writing" and "pursuant to the

provisions of paragraph (2) of this subsection" are omitted as

surplus. The words "records or property of the Service or the

Bureau" are substituted for "any information described in clause

(B) of such paragraph (2)" for clarity. The words "in a form . . .

be associated with or otherwise . . . directly or indirectly",

"such written", and "promptly" are omitted as surplus.

In subsection (b)(3), the words "divulge . . . in any manner

whatever to any person" are omitted as surplus. The words

"information derived from a record or property of, or in use by,

the Service or the Bureau" are substituted for "any information

described in clause (B)" for clarity and consistency. The words "in

a form . . . be associated with or otherwise . . . directly or

indirectly" are omitted as surplus. The word "powers" is

substituted for "responsibilities" for consistency. The words "that

the record or property be made known" are substituted for "such

disclosure" for clarity. The text of 31:67(d)(2)(last sentence) is

omitted as surplus.

AMENDMENTS

2002 - Pub. L. 107-296, Sec. 1112(m)(1), substituted ", Tax and

Trade Bureau, and Bureau of Alcohol, Tobacco, Firearms, and

Explosives" for "and Bureau of Alcohol, Tobacco, and Firearms" in

section catchline.

Subsec. (a). Pub. L. 107-296, Sec. 1112(m)(2), substituted "Tax

and Trade Bureau, Department of the Treasury, and the Bureau of

Alcohol, Tobacco, Firearms, and Explosives, Department of Justice"

for "Bureau of Alcohol, Tobacco, and Firearms,".

Subsec. (b)(1)(B). Pub. L. 107-296, Sec. 1112(m)(3)(A),

substituted "or either Bureau" for "or the Bureau".

Subsec. (b)(2). Pub. L. 107-296, Sec. 1112(m)(3)(B), substituted

"or either Bureau" for "or the Bureau" and "the Tax and Trade

Bureau, Department of the Treasury, and the Director of the Bureau

of Alcohol, Tobacco, Firearms, and Explosives, Department of

Justice" for "and the Director of the Bureau".

Subsec. (b)(3). Pub. L. 107-296, Sec. 1112(m)(3)(C), substituted

"or either Bureau" for "or the Bureau".

1986 - Subsecs. (a), (b)(1). Pub. L. 99-514 substituted "Internal

Revenue Code of 1986" for "Internal Revenue Code of 1954" wherever

appearing.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

-CHANGE-

CHANGE OF NAME

Committee on Government Operations of House of Representatives

treated as referring to Committee on Government Reform and

Oversight of House of Representatives 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 719 of this title; title

26 section 6103.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

31 USC Sec. 714 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER II - GENERAL DUTIES AND POWERS

-HEAD-

Sec. 714. Audit of Financial Institutions Examination Council,

Federal Reserve Board, Federal reserve banks, Federal Deposit

Insurance Corporation, and Office of Comptroller of the Currency

-STATUTE-

(a) In this section, "agency" means the Financial Institutions

Examination Council, the Federal Reserve Board, Federal reserve

banks, the Federal Deposit Insurance Corporation, the Office of the

Comptroller of the Currency, and the Office of Thrift Supervision.

(b) Under regulations of the Comptroller General, the Comptroller

General shall audit an agency, but may carry out an onsite

examination of an open insured bank or bank holding company only if

the appropriate agency has consented in writing. Audits of the

Federal Reserve Board and Federal reserve banks may not include -

(1) transactions for or with a foreign central bank, government

of a foreign country, or nonprivate international financing

organization;

(2) deliberations, decisions, or actions on monetary policy

matters, including discount window operations, reserves of member

banks, securities credit, interest on deposits, and open market

operations;

(3) transactions made under the direction of the Federal Open

Market Committee; or

(4) a part of a discussion or communication among or between

members of the Board of Governors and officers and employees of

the Federal Reserve System related to clauses (1)-(3) of this

subsection.

(c)(1) Except as provided in this subsection, an officer or

employee of the General Accounting Office may not disclose

information identifying an open bank, an open bank holding company,

or a customer of an open or closed bank or bank holding company.

The Comptroller General may disclose information related to the

affairs of a closed bank or closed bank holding company identifying

a customer of the closed bank or closed bank holding company only

if the Comptroller General believes the customer had a controlling

influence in the management of the closed bank or closed bank

holding company or was related to or affiliated with a person or

group having a controlling influence.

(2) An officer or employee of the Office may discuss a customer,

bank, or bank holding company with an official of an agency and may

report an apparent criminal violation to an appropriate law

enforcement authority of the United States Government or a State.

(3) This subsection does not authorize an officer or employee of

an agency to withhold information from a committee of Congress

authorized to have the information.

(d)(1) To carry out this section, all records and property of or

used by an agency, including samples of reports of examinations of

a bank or bank holding company the Comptroller General considers

statistically meaningful and workpapers and correspondence related

to the reports shall be made available to the Comptroller General.

The Comptroller General shall give an agency a current list of

officers and employees to whom, with proper identification, records

and property may be made available, and who may make notes or

copies necessary to carry out an audit.

(2) The Comptroller General shall prevent unauthorized access to

records or property of or used by an agency that the Comptroller

General obtains during an audit.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 890; Pub. L. 101-73,

title III, Sec. 307(c), Aug. 9, 1989, 103 Stat. 353; Pub. L.

104-316, title I, Sec. 115(a), Oct. 19, 1996, 110 Stat. 3834.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

714(a) 31:67(e)(2). Sept. 12, 1950, ch. 946, 64

Stat. 832, Sec. 117(e)(1)-(5),

(7); added July 21, 1978, Pub.

L. 95-320, Sec. 2, 92 Stat.

391; Nov. 10, 1978, Pub. L.

95-630, Sec. 1010, 92 Stat.

3696.

714(b) 31:67(e)(1), (3),

(4).

714(c) 31:67(e)(5).

714(d) 31:67(e)(7).

--------------------------------------------------------------------

In subsection (a), the words "Financial Institutions Examination

Council, the Federal Reserve Board, Federal reserve banks, the

Federal Deposit Insurance Corporation, and the Office of the

Comptroller of the Currency" are substituted for "the agencies,

banks, facilities, and corporation, listed in clauses (A), (B),

(C), and (D) of paragraph (1)" for clarity. The words "and their

branches and facilities" are omitted as unnecessary because of

section 4 of the Rules of Organization of the Federal Reserve

System set out in 12:222(note).

In subsections (b) and (c), the words "Comptroller General" are

substituted for "General Accounting Office" and "Office" for

consistency.

In subsection (b), before clause (1), the words "rules and" are

omitted as surplus. The word "agency" is substituted for

31:67(e)(1)(A)-(D) because of subsection (a). The words

"(hereinafter in this subsection referred to as the Office)" are

omitted because of the restatement. In clause (1), the words

"government of a foreign country" are substituted for "foreign

governments" for consistency. In clause (3), the words "including

transactions of the Federal Reserve System Open Market Account" are

omitted as surplus. In clause (4), the words "oral, written,

telegraphic, or telephonic" are omitted as surplus.

In subsection (c)(1), the words "otherwise", "to any person, nor

shall the Office disclose in its report or otherwise outside of the

Office", "in a form", and "specific" are omitted as surplus.

In subsection (c)(2), the words "An officer or employee of the

Office" are substituted for "the Office or its employees" for

consistency in the revised title and with other titles of the

United States Code. The word "specific" is omitted as surplus.

In subsection (c)(3), the words "or subcommittee of the" are

omitted as surplus. The words "authorized to have the information"

are substituted for "duly authorized" for clarity.

In subsection (d)(1), the words "To carry out this section, all

records and property of or used by an agency . . . shall be made

available to the Comptroller General" are substituted for

31:67(e)(7)(A)(words before 11th comma) for consistency in the

revised title and with other titles of the Code and to eliminate

unnecessary words. The words "without deletions" are omitted as

surplus. The words "from whatever source" and "whether or not a

part of the reports" are omitted as surplus. The words "shall have

the authority to authorize Office personnel to conduct such audits

and to have access to agency materials described in subparagraph

(A) and" are omitted because of sections 702(b) and 711 of the

revised title. The words "records and property" are substituted for

"such agency materials" for clarity and consistency.

In subsection (d)(2), the words "records and property of or used

by an agency" are substituted for "agency materials described in

subparagraph (A)" for consistency. The words "The Comptroller

General shall prevent unauthorized access to records or property"

are substituted for 31:67(e)(7)(D)(last sentence) for clarity.

AMENDMENTS

1996 - Subsec. (d). Pub. L. 104-316 struck out at end of par. (1)

"An agency shall give the Comptroller General suitable and lockable

offices and furniture, telephones, and access to copying

facilities." and amended par. (2) generally. Prior to amendment,

par. (2) read as follows: "Except for the temporary removal of

workpapers of the Comptroller General that do not identify a

customer of an open or closed bank or bank holding company, an open

bank, or an open bank holding company, all workpapers of the

Comptroller General and records and property of or used by an

agency that the Comptroller General possesses during an audit,

shall remain in the agency. The Comptroller General shall prevent

unauthorized access to records or property."

1989 - Subsec. (a). Pub. L. 101-73 inserted reference to Office

of Thrift Supervision.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 718 of this title; title

12 section 1833c; title 18 section 1906.

-End-

-CITE-

31 USC Sec. 715 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER II - GENERAL DUTIES AND POWERS

-HEAD-

Sec. 715. Audit of accounts and operations of the District of

Columbia government

-STATUTE-

(a) In addition to the audit carried out under section 455 of the

District of Columbia Home Rule Act (Public Law 93-198, 87 Stat.

803; D.C. Code, Sec. 47-117), the Comptroller General each year

shall audit the accounts and operations of the District of Columbia

government. An audit shall be carried out according to principles,

under regulations, and in a way the Comptroller General prescribes.

When prescribing the procedures to follow and the extent of the

inspection of records, the Comptroller General shall consider

generally accepted principles of auditing, including the

effectiveness of accounting organizations and systems, internal

audit and control, and related administrative practices.

(b) The Comptroller General shall submit each audit report to

Congress and (other than the audit reports of the District of

Columbia Courts) the Mayor and Council of the District of Columbia.

The report shall include the scope of an audit, information the

Comptroller General considers necessary to keep Congress, the

Mayor, and the Council informed of operations audited, and

recommendations the Comptroller General considers advisable.

(c)(1) By the 90th day after receiving an audit report from the

Comptroller General, the Mayor shall state in writing to the

Council measures the District of Columbia government is taking to

comply with the recommendations of the Comptroller General. A copy

of the statement shall be sent to Congress.

(2) After the Council receives the statement of the Mayor, the

Council may make available for public inspection the report of the

Comptroller General and other material the Council considers

pertinent.

(d) To carry out this section, records and property of or used by

the District of Columbia government necessary to make an audit

easier shall be made available to the Comptroller General. The

Mayor shall provide facilities to carry out an audit.

(e) Not later than March 1 of each year, the Comptroller General

shall submit to the Committee on the District of Columbia of the

House of Representatives and the Subcommittee on General Services,

Federalism, and the District of Columbia of the Committee on

Governmental Affairs of the Senate a review of the report of the

breakdown of the independently audited revenues of the District of

Columbia for the preceding fiscal year by revenues derived from the

Federal Government and revenues derived from sources other than the

Federal Government that is included in the independent annual audit

of the funds of the District of Columbia conducted for such fiscal

year.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 891; Pub. L. 102-102,

Sec. 2(c)(2), Aug. 17, 1991, 105 Stat. 496; Pub. L. 105-33, title

XI, Secs. 11244(b), 11717(b), Aug. 5, 1997, 111 Stat. 754, 786.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

715(a) 31:61(a)(1st, 2d Dec. 24, 1973, Pub. L. 93-198,

sentences). Sec. 736, 87 Stat. 823.

715(b) 31:61(b)(1).

715(c)(1) 31:61(b)(3).

715(c)(2) 31:61(b)(2).

715(d) 31:61(a)(last

sentence).

--------------------------------------------------------------------

In subsection (a), the words "Comptroller General" are

substituted for "General Accounting Office" for consistency. The

words "of Columbia" are added for clarity. The words "rules and"

are omitted as surplus. The word "way" is substituted for

"procedures" and "detail" to eliminate unnecessary words. The words

"of the United States" are omitted as surplus. The word "records"

is substituted for "vouchers and other documents" to eliminate

unnecessary words.

In subsection (b), the words "of the District of Columbia" are

added for clarity. The words "comments and" are omitted as surplus.

The word "audited" is substituted for "to which the reports relate"

for consistency and to eliminate unnecessary words. The words "with

respect thereto" are omitted as surplus.

In subsection (c)(2), the words "After the Council receives the

statement of the Mayor" are substituted for "After the Mayor has

had an opportunity to be heard", and the words "of the Comptroller

General" are added, for clarity. The word "thereto" is omitted as

surplus.

In subsection (d), the words "To carry out this section" are

added for clarity. The words "records and property of or used by .

. . shall be made available to the Comptroller General" are

substituted for 31:61(a)(last sentence 1st-30th words) for

consistency in the revised title and with other titles of the

United States Code and to eliminate unnecessary words. The words

"of Columbia government" are added for consistency. The words "The

Mayor shall provide facilities to carry out an audit" are

substituted for 31:61(a)(last sentence words after last comma) for

clarity.

AMENDMENTS

1997 - Subsec. (a). Pub. L. 105-33, Sec. 11717(b), substituted

"District of Columbia Home Rule Act" for "District of Columbia

Self-Government and Governmental Reorganization Act".

Subsec. (b). Pub. L. 105-33, Sec. 11244(b), substituted "and

(other than the audit reports of the District of Columbia Courts)

the Mayor" for "and the Mayor".

1991 - Subsec. (e). Pub. L. 102-102 added subsec. (e).

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-33 effective Oct. 1, 1997, except as

otherwise provided in title XI of Pub. L. 105-33, see section 11721

of Pub. L. 105-33, set out as a note under section 4246 of Title

18, Crimes and Criminal Procedure.

EFFECTIVE DATE OF 1991 AMENDMENT

Section 2(e) of Pub. L. 102-102 provided that: "The amendments

made by this section [amending this section] shall take effect on

the date of the enactment of this Act [Aug. 17, 1991]."

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which the requirement to submit annual audit reports to Congress

under subsec. (b) of this section is listed on page 4), see section

3003 of Pub. L. 104-66, as amended, and section 1(a)(4) [div. A,

Sec. 1402(1)] of Pub. L. 106-554, set out as notes under section

1113 of this title.

-TRANS-

ABOLITION OF HOUSE COMMITTEE ON THE DISTRICT OF COLUMBIA

Committee on the District of Columbia of House of Representatives

abolished by House Resolution No. 6, One Hundred Fourth Congress,

Jan. 4, 1995. References to Committee on the District of Columbia

treated as referring to Committee on Government Reform and

Oversight of House of Representatives, see section 1(b) 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.

-End-

-CITE-

31 USC Sec. 716 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER II - GENERAL DUTIES AND POWERS

-HEAD-

Sec. 716. Availability of information and inspection of records

-STATUTE-

(a) Each agency shall give the Comptroller General information

the Comptroller General requires about the duties, powers,

activities, organization, and financial transactions of the agency.

The Comptroller General may inspect an agency record to get the

information. This subsection does not apply to expenditures made

under section 3524 or 3526(e) of this title.

(b)(1) When an agency record is not made available to the

Comptroller General within a reasonable time, the Comptroller

General may make a written request to the head of the agency. The

request shall state the authority for inspecting the records and

the reason for the inspection. The head of the agency has 20 days

after receiving the request to respond. The response shall describe

the record withheld and the reason the record is being withheld. If

the Comptroller General is not given an opportunity to inspect the

record within the 20-day period, the Comptroller General may file a

report with the President, the Director of the Office of Management

and Budget, the Attorney General, the head of the agency, and

Congress.

(2) Through an attorney the Comptroller General designates in

writing, the Comptroller General may bring a civil action in the

district court of the United States for the District of Columbia to

require the head of the agency to produce a record -

(A) after 20 days after a report is filed under paragraph (1)

of this subsection; and

(B) subject to subsection (d) of this section.

(3) The Attorney General may represent the head of the agency.

The court may punish a failure to obey an order of the court under

this subsection as a contempt of court.

(c)(1) Subject to subsection (d) of this section, the Comptroller

General may subpena a record of a person not in the United States

Government when the record is not made available to the Comptroller

General to which the Comptroller General has access by law or by

agreement of that person from whom access is sought. A subpena

shall identify the record and the authority for the inspection and

may be issued by the Comptroller General. The Comptroller General

may have an individual serve a subpena under this subsection by

delivering a copy to the person named in the subpena or by mailing

a copy of the subpena by certified or registered mail, return

receipt requested, to the residence or principal place of business

of the person. Proof of service is shown by a verified return by

the individual serving the subpena that states how the subpena was

served or by the return receipt signed by the person served.

(2) If a person residing, found, or doing business in a judicial

district refuses to comply with a subpena issued under paragraph

(1) of this subsection, the Comptroller General, through an

attorney the Comptroller General designates in writing, may bring a

civil action in that district court to require the person to

produce the record. The court has jurisdiction of the action and

may punish a failure to obey an order of the court under this

subsection as a contempt of court.

(d)(1) The Comptroller General may not bring a civil action for a

record withheld under subsection (b) of this section or issue a

subpena under subsection (c) of this section if -

(A) the record related to activities the President designates

as foreign intelligence or counterintelligence activities;

(B) the record is specifically exempted from disclosure to the

Comptroller General by a statute that -

(i) without discretion requires that the record be withheld

from the Comptroller General;

(ii) establishes particular criteria for withholding the

record from the Comptroller General; or

(iii) refers to particular types of records to be withheld

from the Comptroller General; or

(C) by the 20th day after a report is filed under subsection

(b)(1) of this section, the President or the Director certifies

to the Comptroller General and Congress that a record could be

withheld under section 552(b)(5) or (7) of title 5 and disclosure

reasonably could be expected to impair substantially the

operations of the Government.

(2) The President or the Director may not delegate certification

under paragraph (1)(C) of this subsection. A certification shall

include a complete explanation of the reasons for the

certification.

(e)(1) The Comptroller General shall maintain the same level of

confidentiality for a record made available under this section as

is required of the head of the agency from which it is obtained.

Officers and employees of the General Accounting Office are subject

to the same statutory penalties for unauthorized disclosure or use

as officers or employees of the agency.

(2) The Comptroller General shall keep information described in

section 552(b)(6) of title 5 that the Comptroller General obtains

in a way that prevents unwarranted invasions of personal privacy.

(3) This section does not authorize information to be withheld

from Congress.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 892.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

716(a) 31:54(a). June 10, 1921, ch. 18, Sec.

313(a), 42 Stat. 26; Apr. 3,

1980, Pub. L. 96-226, Sec.

102, 94 Stat. 312.

716(b) 31:54(b). June 10, 1921, ch. 18, 42

Stat. 20, Sec. 313(b)-(f);

added Apr. 3, 1980, Pub. L.

96-226, Sec. 102, 94 Stat. 312.

716(c) 31:54(c).

716(d) 31:54(d).

716(e) 31:54(e), (f).

--------------------------------------------------------------------

In the section, the word "records" is substituted for "books,

documents, papers, or records", "books, records, correspondence,

memoranda, papers, and documents", and "written information, books,

documents, papers, or records" for consistency in the revised title

and with other titles of the United States Code. The word

"Congress" is substituted for "Speaker of the House of

Representatives, and the President of the Senate" for consistency

in the revised title.

In subsections (a) and (b), the word "agency" is substituted for

"departments and establishments" because of section 701 of the

revised title.

In subsection (a), the words "methods of business" are omitted as

surplus. The words "or any of his assistants or employees, when

duly authorized by him" are omitted because of sections 702(b) and

711 of the revised title. The word "inspect" is substituted for

"shall . . . have access to and the right to examine" for

consistency. The cross reference to section 3524 is added for

clarity.

In subsection (b)(1), the words "to the Comptroller General" are

substituted for "access to" for clarity and consistency. The words

"in his discretion", "in addition to subsection (a)", "a period

of", and "to the written request of the Comptroller General" are

omitted as surplus. The words "or any of his designated assistants

or employees" are omitted because of sections 702(b) and 711 of the

revised title.

In subsection (b)(2), before clause (A), the words "bring a civil

action" are substituted for "apply" to conform to rule 2 of the

Federal Rules of Civil Procedure (28 App. U.S.C.). In clause (A),

the words "calendar" and "written" are omitted as surplus.

In subsection (b)(3), the words "head of the agency" are

substituted for "defendant official" for consistency.

In subsection (c)(1), the words "require by . . . the production

of" are omitted as surplus. The words "person not in the United

States Government" are substituted for "contractors,

subcontractors, or other non-Federal persons" for consistency and

to eliminate unnecessary words. The words "from whom access is

sought", "in the case of service by certified or registered mail",

and "post office" are omitted as surplus.

In subsection (c)(2), the words "judicial district" are

substituted for "jurisdiction of any district court of the United

States" for consistency and to eliminate unnecessary words. The

words "contumacy or" are omitted as surplus. The words "may bring a

civil action" are substituted for "upon application made by" to

conform to rule 2 of the Federal Rules of Civil Procedure (28 App.

U.S.C.).

In subsection (d)(1), before clause (A), the words "requiring the

production of material" are omitted as surplus. In clause (C), the

words "in writing", "consists of matters which . . . from

disclosure", "United States Code", "of such material to the

Comptroller General", and "Federal" are omitted as surplus.

In subsection (e)(1), the words "the head of" are added for

consistency. The words "from which such material was obtained" are

omitted as surplus.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3523 of this title; title

12 section 1833c; title 20 section 1082; title 22 section 3143;

title 38 section 7366; title 44 section 3519; title 50 App. section

2411.

-End-

-CITE-

31 USC Sec. 717 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER II - GENERAL DUTIES AND POWERS

-HEAD-

Sec. 717. Evaluating programs and activities of the United States

Government

-STATUTE-

(a) In this section, "agency" means a department, agency, or

instrumentality of the United States Government (except a

mixed-ownership Government corporation) or the District of Columbia

government.

(b) The Comptroller General shall evaluate the results of a

program or activity the Government carries out under existing law -

(1) on the initiative of the Comptroller General;

(2) when either House of Congress orders an evaluation; or

(3) when a committee of Congress with jurisdiction over the

program or activity requests the evaluation.

(c) The Comptroller General shall develop and recommend to

Congress ways to evaluate a program or activity the Government

carries out under existing law.

(d)(1) On request of a committee of Congress, the Comptroller

General shall help the committee to -

(A) develop a statement of legislative goals and ways to assess

and report program performance related to the goals, including

recommended ways to assess performance, information to be

reported, responsibility for reporting, frequency of reports, and

feasibility of pilot testing; and

(B) assess program evaluations prepared by and for an agency.

(2) On request of a member of Congress, the Comptroller General

shall give the member a copy of the material the Comptroller

General compiles in carrying out this subsection that has been

released by the committee for which the material was compiled.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 893.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

717(a) 31:1157. Oct. 26, 1970, Pub. L. 91-510,

Sec. 207, 84 Stat. 1168.

717(b) 31:1154(a). Oct. 26, 1970, Pub. L. 91-510,

Sec. 204(a)-(c), 84 Stat.

1168; restated July 12, 1974,

Pub. L. 93-344, Sec. 702(a),

88 Stat. 326.

717(c) 31:1154(c).

717(d) 31:1154(b).

--------------------------------------------------------------------

Subsection (a) restates the source provisions because of section

701 of the revised title and for consistency with section 101 of

the revised title.

In subsection (b), before clause (1), the word "evaluate" is

substituted for "review and evaluate" to eliminate unnecessary

words. In clause (3), the words "a committee of Congress" are

substituted for "any committee of the House of Representatives or

the Senate, or any joint committee of the two Houses" for

consistency and to eliminate unnecessary words.

In subsection (c), the word "evaluate" is substituted for "review

and evaluation" to eliminate unnecessary words.

In subsection (d)(1), before clause (A), the words "committee of

Congress" are substituted for "committee of either House or any

joint committee of the two Houses" for consistency and to eliminate

unnecessary words. In clause (A), the words "objectives and",

"actual", and "but are not limited to" are omitted as surplus. In

clause (B), the words "analyzing and" and "or evaluation studies"

are omitted as surplus.

In subsection (d)(2), the word "Congress" is substituted for

"either House" for clarity. The words "statement or other" are

omitted as surplus.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 719, 731, 1113 of this

title.

-End-

-CITE-

31 USC Sec. 718 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER II - GENERAL DUTIES AND POWERS

-HEAD-

Sec. 718. Availability of draft reports

-STATUTE-

(a) A draft report of an audit under section 714 of this title

shall be submitted to the Financial Institutions Examination

Council, the Federal Reserve Board, the Federal Deposit Insurance

Corporation, or the Office of the Comptroller of the Currency for

comment for 30 days.

(b)(1) The Comptroller General may submit a part of a draft

report to an agency for comment for more than 30 days only if the

Comptroller General decides, after a showing by the agency, that a

longer period is necessary and likely to result in a more accurate

report. The report may not be delayed because the agency does not

comment within the comment period.

(2) When a draft report is submitted to an agency for comment,

the Comptroller General shall make the draft report available on

request to -

(A) either House of Congress, a committee of Congress, or a

member of Congress if the report was begun because of a request

of the House, committee, or member; or

(B) the Committee on Governmental Affairs of the Senate and the

Committee on Government Operations of the House of

Representatives if the report was not begun because of a request

of either House of Congress, a committee of Congress, or a member

of Congress.

(3) This subsection is subject to statutory and executive order

guidelines for handling and storing classified information and

material.

(c) A final report of the Comptroller General shall include -

(1) a statement of significant changes of a finding,

conclusion, or recommendation in an earlier draft report because

of comments on the draft by an agency;

(2) a statement of the reasons the changes were made; and

(3) for a draft report submitted under subsection (a) of this

section, written comments of the agency submitted during the

comment period.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 894.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

718(a) 31:67(e)(6)(B)(1st Sept. 12, 1950, ch. 946, 64

sentence). Stat. 832, Sec. 117(e)(6)(B);

added July 21, 1978, Pub. L.

95-320, Sec. 2, 92 Stat. 392.

718(b)(1) 31:53(f)(1), (2). June 10, 1921, ch. 18, 42

Stat. 20, Sec. 312(f); added

Apr. 3, 1980, Pub. L. 96-226,

Sec. 103, 94 Stat. 314.

718(b)(2) 31:53(f)(3).

718(b)(3) 31:53(f)(5).

718(c)(1) 31:53(f)(4)(A).

718(c)(2) 31:53(f)(4)(B).

718(c)(3) 31:67(e)(6)(B)(last

sentence).

--------------------------------------------------------------------

In subsection (a), the words "audit under section 714 of this

title" are substituted for "such Office audit report", and the

words "Financial Institutions Examination Council, the Federal

Reserve Board, the Federal Deposit Insurance Corporation, or the

Office of the Comptroller of the Currency" are substituted for

"agency concerned (other than banks, branches, and facilities)",

because of the restatement.

In subsection (b)(1), the words "The report may not be delayed

because the agency does not comment within the comment period" are

substituted for 31:53(f)(2) to eliminate unnecessary words.

In subsection (b)(2)(A), the words "pursuant to subsection (b) of

this section or otherwise" are omitted as surplus.

In subsection (b)(2)(B), the words "if the report was not begun

because of a request of either House of Congress, a committee of

Congress, or a member of Congress" are substituted for "in the case

of any other report" for clarity and consistency.

In subsection (b)(3), the words "Procedures followed pursuant to"

are omitted as surplus.

In subsection (c), before clause (1), the words "version of any"

are omitted as surplus. The words "shall include" are substituted

for "The Comptroller General shall prepare and issue with" because

of the restatement. The words "Comptroller General" are substituted

for "General Accounting Office" for consistency. In clause (3), the

words "when a draft report was submitted under subsection (a) of

this section" are added because of the restatement. The words "as

an addendum" are omitted as surplus.

-CHANGE-

CHANGE OF NAME

Committee on Government Operations of House of Representatives

treated as referring to Committee on Government Reform and

Oversight of House of Representatives 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.

-End-

-CITE-

31 USC Sec. 719 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER II - GENERAL DUTIES AND POWERS

-HEAD-

Sec. 719. Comptroller General reports

-STATUTE-

(a) At the beginning of each regular session of Congress, the

Comptroller General shall report to Congress (and to the President

when requested by the President) on the work of the Comptroller

General. A report shall include recommendations on -

(1) legislation the Comptroller General considers necessary to

make easier the prompt and accurate making and settlement of

accounts; and

(2) other matters related to the receipt, disbursement, and use

of public money the Comptroller General considers advisable.

(b)(1) The Comptroller General shall include in the report to

Congress under subsection (a) of this section -

(A) a review of activities under sections 717(b)-(d) and

731(e)(2) of this title, including recommendations under section

717(c) of this title;

(B) information on carrying out duties and powers of the

Comptroller General under clauses (A) and (C) of this paragraph,

subsections (g) and (h) (!1) of this section, and sections 717,

731(e)(2), 734, 1112, and 1113 of this title; and

(C) the name of each officer and employee of the General

Accounting Office assigned or detailed to a committee of

Congress, the committee to which the officer or employee is

assigned or detailed, the length of the period of assignment or

detail, a statement on whether the assignment or detail is

finished or continuing, and compensation paid out of

appropriations available to the Comptroller General for the

period of the assignment or detail that has been completed.

(2) In a report under subsection (a) of this section or in a

special report to Congress when Congress is in session, the

Comptroller General shall include recommendations on greater

economy and efficiency in public expenditures.

(3) The report under subsection (a) shall also include a

statement of the staff hours and estimated cost of work performed

on audits, evaluations, investigations, and related work during

each of the three fiscal years preceding the fiscal year in which

the report is submitted, stated separately for each division of the

General Accounting Office by category as follows:

(A) A category for work requested by the chairman of a

committee of Congress, the chairman of a subcommittee of such a

committee, or any other Member of Congress.

(B) A category for work required by law to be performed by the

Comptroller General.

(C) A category for work initiated by the Comptroller General in

the performance of the Comptroller General's general

responsibilities.

(c) The Comptroller General shall report to Congress -

(1) specially on expenditures and contracts an agency makes in

violation of law;

(2) on the adequacy and effectiveness of -

(A) administrative audits of accounts and claims in an

agency; and

(B) inspections by an agency of offices and accounts of

fiscal officials; and

(3) as frequently as practicable on audits carried out under

sections 713 and 714 of this title.

(d) The Comptroller General shall report on analyses carried out

under section 712(3) of this title to the Committees on

Governmental Affairs and Appropriations of the Senate, the

Committees on Government Operations and Appropriations of the

House, and the committees with jurisdiction over legislation

related to the operation of each executive agency.

(e) The Comptroller General shall give the President information

on expenditures and accounting the President requests.

(f) When the Comptroller General submits a report to Congress,

the Comptroller General shall deliver copies of the report to -

(1) the Committees on Governmental Affairs and Appropriations

of the Senate;

(2) the Committees on Government Operations and Appropriations

of the House;

(3) a committee of Congress that requested information on any

part of a program or activity of a department, agency, or

instrumentality of the United States Government (except a

mixed-ownership Government corporation) or the District of

Columbia government that is the subject of any part of a report;

and

(4) any other committee of Congress requesting a copy.

(g)(1) The Comptroller General shall prepare -

(A) each month a list of reports issued during the prior month;

and

(B) at least once each year a list of reports issued during the

prior 12 months.

(2) A copy of each list shall be sent to each committee of

Congress and each member of Congress. On request, the Comptroller

General promptly shall provide a copy of a report to a committee or

member.

(h) On request of a committee of Congress, the Comptroller

General shall explain to and discuss with the committee or

committee staff a report the Comptroller General makes that would

help the committee -

(1) evaluate a program or activity of an agency within the

jurisdiction of the committee; or

(2) in its consideration of proposed legislation.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 894; Pub. L. 104-316,

title I, Sec. 115(b), Oct. 19, 1996, 110 Stat. 3834; Pub. L.

105-85, div. A, title X, Sec. 1044, Nov. 18, 1997, 111 Stat. 1887.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

719(a) 31:53(a)(1st June 10, 1921, ch. 18, Sec.

sentence words 312(a)(1st sentence words

after 5th comma). after 5th comma, last

sentence), (c)-(e), 42 Stat.

25.

719(b)( 31:1154(e). Oct. 26, 1970, Pub. L. 91-510,

1) (A) Sec. 204(e), 84 Stat. 1168;

restated July 12, 1974, Pub.

L. 93-344, Sec. 702(a), 88

Stat. 326.

719(b)( 31:1155(b). Oct. 26, 1970, Pub. L. 91-510,

1) (B) Secs. 205(b), 207, 231-234,

235(b), 84 Stat. 1168, 1170,

1171.

719(b)( 31:1175(b).

1) (C)

719(b)(2) 31:53(a)(last

sentence).

719(c)(1) 31:53(c).

719(c)(2) 31:53(d).

719(c)(3) 31:67(d)(4)(1st Sept. 12, 1950, ch. 946, 64

sentence). Stat. 832, Sec. 117(d)(4);

added Oct. 7, 1977, Pub. L.

95-125, 91 Stat. 1105.

31:67(e)(6)(A). Sept. 12, 1950, ch. 946, 64

Stat. 832, Sec. 117(e)(6)(A);

added July 21, 1978, Pub. L.

95-320, Sec. 2, 92 Stat. 392.

719(d) 31:67(d)(4)(last

sentence).

719(e) 31:60(last Aug. 2, 1946, ch. 753, Sec.

sentence). 206(last sentence), 60 Stat.

837.

719(f) 31:53(e).

719(g) 31:1157.

31:1172.

31:1173.

719(h) 31:1174.

719(i) 31:1171.

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "of Congress" are

added for clarity. The words "in writing" are omitted as surplus.

The words "Comptroller General" are substituted for "General

Accounting Office" for consistency.

In subsection (b)(1), before clause (A), the words "under

subsection (a) of this section" are substituted for "annual" in

31:1154(e), 1155(b), and 1175(b) for clarity. In clause (A), the

words "of methods for review and evaluation of Government programs

and activities" are omitted as unnecessary. In clause (C), the word

"officer" is added for consistency. The words "of the General

Accounting Office" are added for clarity. The words "committee of

Congress" are substituted for "committee of the Senate or House of

Representatives or any joint committee of Congress" for consistency

and to eliminate unnecessary words. The words "name of each",

"joint committee", and "of such employee" are omitted as surplus.

The word "compensation" is substituted for "pay of such employee,

his travel, subsistence, and other expenses, the agency

contributions for his retirement and life and health insurance

benefits, and other necessary monetary expenses for personnel

benefits on account of such employee" for consistency in the

revised title and with other titles of the United States Code. The

words "Comptroller General" are substituted for "General Accounting

Office" for consistency. The words "of such employee, or, if such

assignment or detail is currently in effect, during that part of

the period of such assignment or detail" are omitted as surplus.

In subsection (b)(2), the words "at any time" are omitted as

surplus.

In subsection (c), the word "agency" is substituted for

"department or establishment" and "departments and establishments"

because of section 701 of the revised title. In clause (1), the

words "in any year" are omitted as surplus. In clause (2)(A), the

word "audits" is substituted for "examination" for consistency. In

clause (2)(B), the words "by an agency" are substituted for

"departmental" because of the restatement. The word "officials" is

substituted for "officers" for consistency.

In subsection (d), before clause (1), the word "written" is

omitted as surplus. In clause (1), the words "Comptroller General,

the Commissioner of Internal Revenue, and the Director of the

Bureau of Alcohol, Tobacco, and Firearms" are substituted for

"General Accounting Office, the Internal Revenue Service, and the

Bureau of Alcohol, Tobacco, and Firearms" for consistency. In

clauses (2) and (3), the words "or other examination or review" are

omitted as surplus.

In subsections (e) and (g), the words "Governmental Affairs . . .

of the Senate" are substituted for "Government Operations . . . of

the two Houses" in 31:60(last sentence) and "Government Operations

of the . . . Senate" in 31:1172 because of Rule 25.1(k) of the

Standing Rules of the Senate (S. Doc. 96-1, 96th Cong., 1st Sess.).

In subsection (e), the words "carried out under section 712(3) of

this title" are added because of the restatement. The words

"legislative" before "committees", and "respective", are omitted as

surplus. The words "executive agency" are substituted for

"agencies" because of section 102 of the revised title.

In subsection (f), the word "President" is substituted for

"Office of Management and Budget" because sections 101 and 102(a)

of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat.

2085) redesignated the Bureau of the Budget as the Office of

Management and Budget and transferred all functions of the Bureau

to the President.

In subsection (g), before clause (1), the words "Comptroller

General" are substituted for "General Accounting Office" in 31:1172

for consistency. In clause (3), the words "committee of Congress"

are substituted for "other committee of the House or Senate, or any

joint committee of the two Houses" for consistency and to eliminate

unnecessary words. The words in the parentheses are included for

consistency with section 101 of the revised title. The word

"establishment" in 31:1157 is omitted as surplus. Clause (4) is

substituted for 31:1173 to eliminate unnecessary words.

In subsection (h)(1), the words "once . . . calendar", "of the

General Accounting Office", "immediately", and "cumulative" are

omitted as surplus.

In subsection (h)(2), the words "committee of Congress" are

substituted for "committee of the House or Senate, each joint

committee of the two Houses" for consistency and to eliminate

unnecessary words. The words "member of Congress" are substituted

for "Member of the House or Senate, and the Resident Commissioner

from Puerto Rico" for consistency and to eliminate unnecessary

words. The words "On request, the Comptroller General promptly

shall provide a copy of a report to a committee or member" are

substituted for 31:1174(last sentence) to eliminate unnecessary

words.

In subsection (i), before clause (1), the words "committee of

Congress" are substituted for "committee of the House or Senate, or

of any joint committee of the two Houses" for consistency and to

eliminate unnecessary words. The words "making the request" are

omitted as surplus. The words "Comptroller General" are substituted

for "General Accounting Office" for consistency. In clause (1), the

word "evaluate" is substituted for "review" for consistency in the

revised title. In clause (2), the words "including requests for

appropriations" are omitted as surplus.

-REFTEXT-

REFERENCES IN TEXT

Subsections (g) and (h) of this section, referred to in subsec.

(b)(1)(B), were redesignated subsecs. (f) and (g), respectively, by

Pub. L. 104-316, title I, Sec. 115(b)(2), Oct. 19, 1996, 110 Stat.

3834.

-MISC2-

AMENDMENTS

1997 - Subsec. (b)(3). Pub. L. 105-85 added par. (3).

1996 - Subsecs. (d) to (i). Pub. L. 104-316 redesignated subsecs.

(e) to (i) as (d) to (h), respectively, and struck out former

subsec. (d) which read as follows: "The Comptroller General shall

report each year to the Committees on Finance and Governmental

Affairs of the Senate, the Committees on Ways and Means and

Government Operations of the House of Representatives, and the

Joint Committee on Taxation. Each report shall include -

"(1) procedures and requirements the Comptroller General, the

Commissioner of Internal Revenue, and the Director of the Bureau

of Alcohol, Tobacco, and Firearms, prescribe to protect the

confidentiality of returns and return information made available

to the Comptroller General under section 713(b)(1) of this title;

"(2) the scope and subject matter of audits under section 713

of this title; and

"(3) findings, conclusions, or recommendations the Comptroller

General develops as a result of an audit under section 713 of

this title, including significant evidence of inefficiency or

mismanagement."

-CHANGE-

CHANGE OF NAME

Committee on Government Operations of House of Representatives

treated as referring to Committee on Government Reform and

Oversight of House of Representatives 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.

-MISC3-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which certain reporting requirements under subsecs. (a) and (g)(2)

(1st sentence) of this section are listed on pages 9 and 7,

respectively), see section 3003 of Pub. L. 104-66, as amended, and

section 1(a)(4) [div. A, Sec. 1402(1)] of Pub. L. 106-554, set out

as notes under section 1113 of this title.

GENERAL ACCOUNTING OFFICE VOLUNTARY EARLY RETIREMENT AND SEPARATION

INCENTIVES: REPORTING REQUIREMENTS

Pub. L. 106-303, Sec. 6, Oct. 13, 2000, 114 Stat. 1069, provided

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, during the 5-year period beginning on the date

of the enactment of this Act [Oct. 13, 2000] -

"(1) a review of all actions taken pursuant to sections 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 Employees] during the period covered by the

report, including -

"(A) the number of officers or employees who separated from

service pursuant to section 1 or 2 [enacting provisions set out

as notes under sections 5597 and 8336 of Title 5], or who were

released pursuant 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 usefulness 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 section 3, an

assessment of the impact such amendment has had with respect to

preference eligibles, including -

"(i) whether a disproportionate number or percentage 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 percentage of

preference eligibles were in fact released 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 respect 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 reports 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 Personnel Appeals Board or of any interested

groups or associations representing officers or employees of the

General Accounting 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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 731 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

31 USC Sec. 720 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER II - GENERAL DUTIES AND POWERS

-HEAD-

Sec. 720. Agency reports

-STATUTE-

(a) In this section, "agency" means a department, agency, or

instrumentality of the United States Government (except a

mixed-ownership Government corporation) or the District of Columbia

government.

(b) When the Comptroller General makes a report that includes a

recommendation to the head of an agency, the head of the agency

shall submit a written statement on action taken on the

recommendation by the head of the agency. The statement shall be

submitted to -

(1) 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

(2) the Committees on Appropriations of both Houses of Congress

in the first request for appropriations submitted more than 60

days after the date of the report.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 896.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

720(a) 31:1157. Oct. 26, 1970, Pub. L. 91-510,

Secs. 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 "Comptroller

General" are substituted for "General Accounting 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.

-CHANGE-

CHANGE OF NAME

Committee on Government Operations of House of Representatives

treated as referring to Committee on Government Reform and

Oversight of House of Representatives 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.

-End-

-CITE-

31 USC SUBCHAPTER III - PERSONNEL 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER III - PERSONNEL

-HEAD-

SUBCHAPTER III - PERSONNEL

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 732 of this title;

title 2 section 1371; title 42 section 12209.

-End-

-CITE-

31 USC Sec. 731 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER III - PERSONNEL

-HEAD-

Sec. 731. General

-STATUTE-

(a) The Comptroller General may appoint, pay, assign, and remove

officers (except the Deputy Comptroller General) and employees the

Comptroller General decides are necessary to carry out the duties

and powers of the General Accounting 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

General Accounting Office is equal to the rate for level IV of the

Executive Schedule.

(d) When a change in organization, management responsibility, or

workload makes it necessary, the Comptroller General may fix the

rate of basic pay of 5 positions at rates not more than the rate

for level IV of the Executive Schedule.

(e) The Comptroller General may procure the services of experts

and consultants under section 3109 of title 5 at rates not in

excess of the maximum daily rate for GS-18 under section 5332 of

such title, except that the services of not more than -

(1) 15 experts and consultants may be procured for terms of not

more than 3 years, but which shall be renewable; and

(2) 10 experts and consultants may be procured permanently,

temporarily, or intermittently to carry out sections 717(b)-(d)

and 719(b)(1)(A) of this title at rates that are not more than

the rate for level IV of the Executive Schedule.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 896; Pub. L. 98-326, Sec.

1(a), June 22, 1984, 98 Stat. 269; Pub. L. 98-615, title II, Sec.

204(b), Nov. 8, 1984, 98 Stat. 3216; Pub. L. 103-89, Sec. 3(b)(4),

Sept. 30, 1993, 107 Stat. 983; Pub. L. 106-303, Sec. 5, Oct. 13,

2000, 114 Stat. 1069.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

731(a) 31:44(1st sentence). June 10, 1921, ch. 18, Sec.

304(1st par. 1st sentence), 42

Stat. 24.

31:52(a), (b). June 10, 1921, ch. 18, Sec.

311(a), (b), 42 Stat. 25;

restated Feb. 15, 1980, Pub.

L. 96-191, Sec. 8(e)(3), 94

Stat. 33.

31:52-1(related to Feb. 15, 1980, Pub. L. 96-191,

appointment, pay, Secs. 2(related to

and assignment). appointment, pay, and

assignment), 5(b), 94 Stat.

27, 32.

31:56. Mar. 4, 1909, ch. 297, Sec.

1(proviso on p. 866), 35 Stat

866; May 29, 1920, ch. 214,

Sec. 1(last par. under heading

"Office of Comptroller of the

Treasury"), 41 Stat. 647.

731(b) 31:52-4(b).

731(c) 31:51a. Aug. 14, 1964, Pub. L. 88-426,

Sec. 203(c)(5th-14th words),

78 Stat. 415; Dec. 16, 1967,

Pub. L. 90-206, Sec. 219(2),

81 Stat. 639; restated Aug. 9,

1975, Pub. L. 94-82, Sec.

204(b), 89 Stat. 421.

731(d) 31:52b. Aug. 14, 1964, Pub. L. 88-426,

78 Stat. 400, Sec. 203(i);

added Dec. 15, 1971, Pub. L.

92-190, 85 Stat. 646.

731(e) 31:52c. Jan. 2, 1975, Pub. L. 93-604,

Sec. 401, 88 Stat. 1962.

31:1154(d)(last Oct. 26, 1970, Pub. L. 91-510,

sentence). Sec. 204(d)(last sentence), 84

Stat. 1168; restated July 12,

1974, Pub. L. 93-344, Sec.

702(a), 88 Stat. 326.

--------------------------------------------------------------------

In subsection (a), the text of 31:52(a) and (b) and 31:56 is

omitted as superseded by the other source provisions restated in

this subchapter and subchapter IV of this chapter. The word

"remove" is added for consistency with other provisions of the

subchapter. The words "officers (except the Deputy Comptroller

General) and employees" are substituted for "personnel" in 31:52-1,

and the word "powers" is substituted for "functions", for

consistency in the revised title and with other titles of the

United States Code.

Subsection (b) is substituted for 31:52-4(b) to eliminate

unnecessary words. The words "officers and" are added for

consistency in the revised title and with other titles of the Code.

In subsections (c) and (d), the words "basic pay" are substituted

for "compensation" for consistency in the revised title and with

other titles of the Code.

In subsection (c), the words "United States" and "positions at"

are omitted as surplus.

In subsection (d), the words "in the General Accounting Office",

"prescribed . . . under section 5315 of title 5", and "of the

Office" are omitted as surplus.

In subsection (e), before clause (1), the words "procure the

services of" are substituted for "employ" for consistency with

5:3109. The words "at rates not in excess of the maximum daily rate

prescribed for GS-18 under section 5332 of title 5 for persons in

the Government service employed intermittently" are omitted as

unnecessary because of 5:3109. In clause (1), the word "periods" is

omitted as surplus. Clause (2) is substituted for 31:1154(d)(last

sentence) to eliminate unnecessary words. The words "and

consultants" are added because of 5:3109.

-REFTEXT-

REFERENCES IN TEXT

Section 5401 of title 5, referred to in subsec. (b), was repealed

by Pub. L. 103-89, Sec. 3(a)(1), Sept. 30, 1993, 107 Stat. 981.

Level IV of the Executive Schedule, referred to in subsecs. (c),

(d), and (e)(2), is set out in section 5315 of Title 5, Government

Organization and Employees.

-MISC2-

AMENDMENTS

2000 - Subsec. (e)(1). Pub. L. 106-303, Sec. 5(1), substituted

"terms of not more than 3 years, but which shall be renewable" for

"not more than 3 years".

Subsec. (e)(2). Pub. L. 106-303, Sec. 5(2), substituted "level

IV" for "level V".

1993 - Subsec. (b). Pub. L. 103-89 inserted before period at end

", as in effect on October 31, 1993".

1984 - Subsec. (b). Pub. L. 98-615 substituted "section 5401 of

title 5" for "section 5401(a) of title 5".

Subsec. (e). Pub. L. 98-236 substituted "title 5 at rates not in

excess of the maximum daily rate for GS-18 under section 5332 of

such title" for "title 5" in provisions preceding par. (1) and "15"

for "10" in par. (1).

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-89 effective Nov. 1, 1993, see section

3(c) of Pub. L. 103-89, set out as a note under section 3372 of

Title 5, Government Organization and Employees.

EFFECTIVE DATE OF 1984 AMENDMENTS

Section 205 of Pub. L. 98-615 provided that amendment by Pub. L.

98-615 was effective Oct. 1, 1984, and applicable with respect to

pay periods commencing on or after that date, with certain

exceptions and qualifications.

Section 2 of Pub. L. 98-326 provided that: "The amendments made

by this Act [amending this section and sections 732 and 733 of this

title] shall take effect beginning on October 1, 1984."

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 Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 719, 732a, 733, 735 of

this title; title 2 section 356.

-End-

-CITE-

31 USC Sec. 732 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER III - PERSONNEL

-HEAD-

Sec. 732. Personnel management system

-STATUTE-

(a) The Comptroller General shall maintain a personnel management

system. The Comptroller General may prescribe a regulation about

the system only after notice and opportunity for public comment. A

reprisal or threat of reprisal may not be made against an officer

or employee of the General Accounting Office because of comments on

a proposed regulation about the system.

(b) The personnel management system shall -

(1) include the principles of section 2301(b) of title 5;

(2) prohibit personnel practices prohibited under section

2302(b) of title 5;

(3) prohibit political activities prohibited under subchapter

III of chapter 73 of title 5;

(4) ensure that officers and employees of the Office are

appointed, promoted, and assigned only on the basis of merit and

fitness, but without regard to those provisions of title 5

governing appointments and other personnel actions in the

competitive service;

(5) give a preference to an individual eligible for a

preference in the executive branch of the United States

Government in a way and to an extent consistent with a preference

given an individual in the executive branch; and

(6) provide that the Comptroller General shall fix the basic

pay of officers and employees of the Office not fixed by law,

consistent with section 5301 of title 5.

(c) Under the personnel management system -

(1) the Comptroller General shall publish a schedule of basic

pay rates for officers and employees of the Office;

(2) except as provided in clause (4) of this subsection and

section 733(a)(3)(A) of this title, the highest basic pay rate

under the pay schedule may not be more than the highest basic

rate for GS-15;

(3) except as provided under section 733(a)(3)(B) of this title

or section 5349(a) of title 5, basic pay rates of officers and

employees of the Office shall be adjusted at the same time and to

the same extent as basic pay rates of the General Schedule are

adjusted;

(4) the pay schedule for officers and employees of the Office

may provide that the basic pay rates for not more than 129

positions (including senior-level positions under section 732a of

this title) may be at rates not more than the rate of basic pay

payable for grade GS-18 of the General Schedule, less the number

of positions in the General Accounting Office Senior Executive

Service under section 733 of this title (except positions

included in the Service under section 733(c) of this title and

senior-level positions described in section 732a(b) of this

title); and

(5) officers and employees of the Office are entitled to grade

and basic pay retention consistent with subchapter VI of chapter

53 of title 5.

(d) The personnel management system shall provide -

(1) for a system to appraise the performance of officers and

employees of the General Accounting Office that meets the

requirements of section 4302 of title 5;

(2) that the Comptroller General has the same responsibility

for performance appraisals under this subsection as the Director

of the Office of Personnel Management has under section 4302 of

title 5;

(3) for a reduction in grade or removal of an officer or

employee because of unacceptable performance consistent with

section 4303 of title 5;

(4) for other personnel actions consistent with chapter 75 of

title 5; and

(5) a procedure for processing complaints and grievances not

otherwise provided for under clauses (3) and (4) of this

subsection or subsection (e) or (f)(1) of this section.

(e) The personnel management system shall provide -

(1) a procedure that ensures that each officer and employee of

the General Accounting Office may form, join, or assist, or not

form, join, or assist, an employee organization freely and

without fear of penalty or reprisal; and

(2) for a labor-management relations program consistent with

chapter 71 of title 5.

(f)(1) The personnel management system shall -

(A) provide that all personnel actions affecting an officer,

employee, or applicant for employment be taken without regard to

race, color, religion, age, sex, national origin, political

affiliation, marital status, or handicapping condition; and

(B) include a minority recruitment program consistent with

section 7201 of title 5.

(2) This subchapter and subchapter IV of this chapter do not

affect a right or remedy of an officer, employee, or applicant for

employment under a law prohibiting discrimination in employment in

the Government on the basis of race, color, religion, age, sex,

national origin, political affiliation, marital status, or

handicapping condition. However, for officers, employees, or

applicants in the General Accounting Office -

(A) the General Accounting Office Personnel Appeals Board has

the same authority over oversight and appeals matters as an

executive agency has over oversight and appeals matters; and

(B) the Comptroller General has the same authority over matters

(except oversight and appeals) as an executive agency has over

matters (except oversight and appeals).

(3) This section does not affect a lawful effort to achieve equal

employment opportunity through affirmative action.

(g) An officer or employee of the General Accounting Office

completing at least one year of continuous service under a

nontemporary appointment under the personnel management system

acquires a competitive status for appointment to a position in the

competitive service for which the officer or employee is qualified.

(h)(1)(A) Notwithstanding any other provision of law, the

Comptroller General shall prescribe regulations, consistent with

regulations issued by the Office of Personnel Management under

authority of section 3502(a) of title 5 for the separation of

employees of the General Accounting Office during a reduction in

force or other adjustment in force.

(B) The regulations must give effect to the following factors in

descending order of priority -

(i) tenure of employment;

(ii) military preference subject to section 3501(a)(3) of title

5;

(iii) veterans' preference under sections 3502(b) and 3502(c)

of title 5;

(iv) performance ratings;

(v) length of service computed in accordance with the second

sentence of section 3502(a) of title 5; and

(vi) other objective factors such as skills and knowledge that

the Comptroller General considers necessary and appropriate to

realign the agency's workforce in order to meet current and

future mission needs, to correct skill imbalances, or to reduce

high-grade, managerial, or supervisory positions.

(C) Notwithstanding subparagraph (B), the regulations relating to

removal from the General Accounting Office Senior Executive Service

in a reduction in force or other adjustment in force shall be

consistent with section 3595(a) of title 5.

(2)(A) The regulations shall provide a right of appeal to the

General Accounting Office Personnel Appeals Board regarding a

personnel action under the regulations, consistent with section 753

of this title.

(B) The regulations shall provide that final decision by the

General Accounting Office Personnel Appeals Board may be reviewed

by the United States Court of Appeals for the Federal Circuit

consistent with section 755 of this title.

(3)(A) Except as provided in subparagraph (B), an employee may

not be released, due to a reduction (!1) force, unless such

employee is given written notice at least 60 days before such

employee is so released. Such notice shall include -

(i) the personnel action to be taken with respect to the

employee involved;

(ii) the effective date of the action;

(iii) a description of the procedures applicable in identifying

employees for release;

(iv) the employee's ranking relative to other competing

employees, and how that ranking was determined; and

(v) a description of any appeal or other rights which may be

available.

(B) The Comptroller General may, in writing, shorten the period

of advance notice required under subparagraph (A) with respect to a

particular reduction in force, if necessary because of

circumstances not reasonably foreseeable, except that such period

may not be less than 30 days.

(i) The regulations under subsection (h) shall include provisions

under which, at the discretion of the Comptroller General, the

opportunity to separate voluntarily (in order to permit the

retention of an individual occupying a similar position) shall,

with respect to the General Accounting Office, be available to the

same extent and in the same manner as described in subsection

(f)(1)-(4) of section 3502 of title 5 (with respect to the

Department of Defense or a military department).

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 897; Pub. L. 98-326, Sec.

1(b), June 22, 1984, 98 Stat. 269; Pub. L. 100-426, title III,

Secs. 302, 303, Sept. 9, 1988, 102 Stat. 1602; Pub. L. 101-509,

title V, Sec. 529 [title I, Sec. 101(b)(2)(B)], Nov. 5, 1990, 104

Stat. 1427, 1439; Pub. L. 104-53, title II, Sec. 212(a), Nov. 19,

1995, 109 Stat. 535; Pub. L. 106-303, Secs. 3(a)(1), (b)(1),

4(a)(2), Oct. 13, 2000, 114 Stat. 1066, 1068, 1069.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

732(a) 31:52-2(a). Feb. 15, 1980, Pub. L. 96-191,

Secs. 3, 6, 94 Stat. 27, 32.

31:52-5(b).

732(b) 31:52-2(b)(1),

(c)(1st sentence).

732(c) 31:52-2(c)(last

sentence).

732(d) 31:52-2(d), (f),

(h).

732(e) 31:52-2(e).

732(f)( 31:52-2(g).

1), (2)

732(f)(3) 31:52-2(b)(2).

732(g) 31:52-5(a).

--------------------------------------------------------------------

In the section, the words "officers and" are added for

consistency in the revised title and with other titles of the

United States Code.

In subsection (a), the words "not later than October 1, 1980" and

31:52-5(b) are omitted as executed. The word "maintain" is

substituted for "establish by regulation" to omit executed words.

The words "for the General Accounting Office (hereinafter referred

to as the 'personnel system') which shall meet the requirements of

subsections (b) through (h)", and "or any amendment" are omitted as

surplus. The words "about the system" are substituted for "thereto"

for clarity.

In subsection (b)(1), the words "merit system" are omitted as

surplus. In clause (5), the words "of the United States Government"

are added for consistency. In clause (6), the words "the principles

of" are omitted as surplus.

In subsection (c)(2), the words "payable . . . under the General

Schedule" are omitted as surplus. In clause (4), the words "not

more than 100 positions" are substituted for "up to one hundred

employees" for consistency. The words "payable . . . grade . . . of

the General Schedule" are omitted as surplus. In clause (5), the

words "the principles of" are omitted as surplus.

In subsection (d)(2), the words "Director of" are added for

consistency. The text of 31:52-2(d)(last sentence) is omitted as

executed. In clause (4), the words "the taking of" are omitted as

surplus.

In subsections (e)-(g), the word "management" is added for

consistency.

In subsection (f)(1), the words "in the General Accounting

Office" are omitted as surplus.

In subsection (f)(2), before clause (A), the word "affect" is

substituted for "abolish or diminish" to eliminate unnecessary

words. The words "in the General Accounting Office by section 717

of the Civil Rights Act of 1964, by sections 12 and 15 of the Age

Discrimination in Employment Act of 1967, by section 6(d) of the

Fair Labor Standards Act of 1938, by sections 501 and 505 of the

Rehabilitation Act of 1973, or . . . other" are omitted as surplus.

In clauses (A) and (B), the words "has the same authority . . . as

. . . has" are substituted for "authorities granted thereunder to .

. . shall be exercised by" for clarity. The words "the Equal

Employment Opportunity Commission, Office of Personnel Management,

the Merit Systems Protection Board, or . . . other" are omitted as

surplus. In clause (A), the words "established by section 52-3" are

omitted as surplus.

In subsection (f)(3), the word "affect" is substituted for

"prohibits or restricts" for consistency.

In subsection (g), the words "Notwithstanding any other provision

of law" are omitted as surplus.

-REFTEXT-

REFERENCES IN TEXT

The General Schedule, referred to in subsec. (c)(3), (4), is set

out under section 5332 of Title 5, Government Organization and

Employees.

-MISC2-

AMENDMENTS

2000 - Subsec. (c)(4). Pub. L. 106-303, Sec. 4(a)(2), inserted

"(including senior-level positions under section 732a of this

title)" after "129 positions" and substituted "733(c) of this title

and senior-level positions described in section 732a(b) of this

title);" for "733(c) of this title);".

Subsec. (h). Pub. L. 106-303, Sec. 3(a)(1), amended subsec. (h)

generally. Prior to amendment, subsec. (h) read as follows:

"Notwithstanding the provisions of subchapter I of chapter 35 of

title 5, United States Code, the Comptroller General shall

prescribe regulations for the release of officers and employees of

the General Accounting Office in a reduction in force which give

due effect to tenure of employment, military preference,

performance and/or contributions to the agency's goals and

objectives, and length of service. The regulations shall, to the

extent deemed feasible by the Comptroller General, be designed to

minimize disruption to the Office and to assist in promoting the

efficiency of the Office."

Subsec. (i). Pub. L. 106-303, Sec. 3(b)(1), added subsec. (i).

1995 - Subsec. (h). Pub. L. 104-53 added subsec. (h).

1990 - Subsec. (b)(6). Pub. L. 101-509 substituted "5301" for

"5301(a)".

1988 - Subsec. (c)(3). Pub. L. 100-426, Sec. 303, substituted

"under section 733(a)(3)(B) of this title or section 5349(a) of

title 5" for "in section 733(a)(3)(B) of this title".

Subsec. (c)(4). Pub. L. 100-426, Sec. 302, substituted "129" for

"119" and "the rate of basic pay payable for grade GS-18 of the

General Schedule" for "the highest rate for GS-18".

1984 - Subsec. (c)(4). Pub. L. 98-326 substituted "119" for

"100".

EFFECTIVE DATE OF 2000 AMENDMENT; SAVINGS PROVISION

Pub. L. 106-303, Sec. 3(a)(2), (3), Oct. 13, 2000, 114 Stat.

1067, 1068, provided that:

"(2) Effective date. - Subject to paragraph (3), the amendment

made by paragraph (1) [amending this section] shall apply with

respect to all reduction-in-force actions taking effect on or after

-

"(A) the 180th day following the date of the enactment of this

Act [Oct. 13, 2000]; or

"(B) if earlier, the date the Comptroller General issues the

regulations required under such amendment.

"(3) Savings provisions. - If, before the effective date

determined under paragraph (2), specific notice of a

reduction-in-force action is given to an individual in accordance

with section 1 of chapter 5 of GAO Order 2351.1 (dated February 28,

1996), then, for purposes of determining such individual's rights

in connection with such action, the amendment made by paragraph (1)

shall be treated as if it had never been enacted."

Pub. L. 106-303, Sec. 3(b)(2), Oct. 13, 2000, 114 Stat. 1068,

provided that: "The amendment made by paragraph (1) [amending this

section] shall take effect on the date of the enactment of this Act

[Oct. 13, 2000]."

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-509 effective on such date as the

President shall determine, but not earlier than 90 days, and not

later than 180 days, after Nov. 5, 1990, see section 529 [title

III, Sec. 305] of Pub. L. 101-509, set out as a note under section

5301 of Title 5, Government Organization and Employees.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-326 effective Oct. 1, 1984, see section 2

of Pub. L. 98-326, set out as a note under section 731 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 Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 732a, 733, 751, 752, 753,

755 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be followed by "in".

-End-

-CITE-

31 USC Sec. 732a 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER III - PERSONNEL

-HEAD-

Sec. 732a. Critical positions

-STATUTE-

(a) The Comptroller General may establish senior-level positions

to meet critical scientific, technical or professional needs of the

General Accounting Office. An individual serving in such a position

shall -

(1) be subject to the laws and regulations applicable to the

General Accounting Office Senior Executive Service under section

733 of this title, with respect to rates of basic pay,

performance awards, ranks, carry over of annual leave, benefits,

performance appraisals, removal or suspension, and reductions in

force;

(2) have the same rights of appeal to the General Accounting

Office Personnel Appeals Board as are provided to the Office

Senior Executive Service;

(3) be exempt from the same provisions of law as are made

inapplicable to the Office Senior Executive Service under section

733(d) of this title, except for section 732(e) of this title;

(4) be entitled to discontinued service retirement under

chapter 83 or 84 of title 5 as if a member of the Office Senior

Executive Service; and

(5) be subject to reassignment by the Comptroller General to

any position in the Office Senior Executive Service under section

733 of this title, as the Comptroller General determines

necessary and appropriate.

(b) Senior-level positions under this section may include

positions referred to in section 731(d), (e)(1), or (e)(2) of this

title.

-SOURCE-

(Added Pub. L. 106-303, Sec. 4(a)(1), Oct. 13, 2000, 114 Stat.

1068.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 732, 733 of this title.

-End-

-CITE-

31 USC Sec. 733 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER III - PERSONNEL

-HEAD-

Sec. 733. Senior Executive Service

-STATUTE-

(a) The Comptroller General may establish a General Accounting

Office Senior Executive Service -

(1) meeting the requirements of section 3131 of title 5;

(2) providing requirements for positions consistent with

section 3132(a)(2) of title 5;

(3) providing rates of basic pay -

(A) not more than the maximum rate or less than the minimum

rate for the Senior Executive Service under section 5382 of

title 5; and

(B) adjusted at the same time and to the same extent as rates

in the Senior Executive Service under section 5382 of title 5

are adjusted;

(4) providing a performance appraisal system consistent with

subchapter II of chapter 43 of title 5;

(5) allowing the Comptroller General to award ranks to officers

and employees in the Office Senior Executive Service consistent

with section 4507 of title 5;

(6) providing for removal consistent with section 3592 of title

5, and for removal or suspension consistent with section 7543 of

title 5;

(7) allowing the Comptroller General to reassign an officer or

employee in the Office Senior Executive Service to any

senior-level position established under section 732a of this

title, as the Comptroller General determines necessary and

appropriate; and

(8) allowing the Comptroller General to pay performance awards

to officers and employees of the Office Senior Executive Service

consistent with section 5384 of title 5.

(b) Except as provided in subsection (a), the Comptroller General

may apply any part of title 5 that applies to an applicant for or

officer or employee in the Senior Executive Service under title 5

to the Office Senior Executive Service.

(c) The Office Senior Executive Service may include positions

referred to in section 731(c), (d), (e)(1), or (e)(2) of this

title.

(d) Section 732(b)(6), (c), (d)(1)-(4), and (e) of this title

does not apply to the Office Senior Executive Service.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 899; Pub. L. 98-326, Sec.

1(c), June 22, 1984, 98 Stat. 269; Pub. L. 106-303, Sec. 4(b), Oct.

13, 2000, 114 Stat. 1069.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

733(a) 31:52-4(a)(1). Feb. 15, 1980, Pub. L. 96-191,

Sec. 5(a), 94 Stat. 31.

733(b) 31:52-4(a)(2).

733(c) 31:52-4(a)(4).

733(d) 31:52-4(a)(3).

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "promulgate

regulations" are omitted as surplus. The words "(hereinafter

referred to as the GAO Senior Executive Service)" are omitted

because of the restatement. In clause (1), the words "for the

Senior Executive Service" are omitted as surplus. In clause (2),

the words "in the GAO Senior Executive Service . . . which are" are

omitted as surplus. In clause (3), before subclause (A), the words

"for the GAO Senior Executive Service" are omitted as surplus. In

subclause (A), the word "established" is omitted as surplus. In

clause (4), the words "for the GAO Senior Executive Service" are

omitted as surplus. In clauses (5) and (7), the words "officers and

employees" are substituted for "members" for consistency in the

revised title and with other titles of the United States Code. In

clause (5), the words "the provisions applicable to the Office of

Personnel Management and the President under" are omitted as

surplus. In clause (7), the words "the provisions applicable to

performance awards under" are omitted as surplus.

In subsection (b), the words "officer or employee" are

substituted for "member" for consistency in the revised title and

with other titles of the Code.

In subsection (d), the words "Employees in . . . the personnel

system established under" are omitted as surplus.

AMENDMENTS

2000 - Subsec. (a)(7), (8). Pub. L. 106-303 added par. (7) and

redesignated former par. (7) as (8).

1984 - Subsec. (c). Pub. L. 98-326 inserted "(e)(1)," after

"(d),".

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-326 effective Oct. 1, 1984, see section 2

of Pub. L. 98-326, set out as a note under section 731 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 732, 732a, 735 of this

title.

-End-

-CITE-

31 USC Sec. 734 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER III - PERSONNEL

-HEAD-

Sec. 734. Assignments and details to Congress

-STATUTE-

The Comptroller General may assign or detail an officer or

employee of the General Accounting Office to full-time continuous

duty with a committee of Congress for not more than one year.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 899; Pub. L. 98-367,

title I, Sec. 8, July 17, 1984, 98 Stat. 475.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

734(a) 31:1175(a). Oct. 26, 1970, Pub. L. 91-510,

Sec. 235(a), 84 Stat. 1171.

734(b) 31:1175(c). Oct. 26, 1970, Pub. L. 91-510,

84 Stat. 1140, Sec. 235(c);

added Oct. 11, 1971, Pub. L.

92-136, Sec. 8, 85 Stat. 378.

--------------------------------------------------------------------

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), the words "Notwithstanding any other provision

of law" are omitted as surplus. The word "continuous" is

substituted for "on a continuing basis" to eliminate unnecessary

words. The words "committee of Congress" are substituted for

"committee of the Senate or House of Representatives or with any

joint committee of Congress" for consistency and to eliminate

unnecessary words. The words "any period of" are omitted as

surplus.

In subsection (b), the words "Comptroller General" are

substituted for "General Accounting Office" for consistency. The

word "pay" is substituted for "salary" for consistency in the

revised title and with other titles of the Code.

AMENDMENTS

1984 - Pub. L. 98-367 struck out designation of provisions as

"(a)" and struck out subsec. (b) which read as follows: "A

committee of the Senate or a joint committee of Congress for which

the Secretary of the Senate disburses amounts shall reimburse the

Comptroller General for the pay of each officer or employee of the

Office for the time the officer or employee is assigned or detailed

to the committee or joint committee."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 719 of this title.

-End-

-CITE-

31 USC Sec. 735 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER III - PERSONNEL

-HEAD-

Sec. 735. Relationship to other laws

-STATUTE-

(a) Except as provided in section 733(c) of this title, this

subchapter and subchapter IV of this chapter do not affect sections

702(b), 703, 731(c)-(e), 772, 775(a) and (d) of this title.

(b) Except as specifically provided in this subchapter and

subchapter IV of this chapter, those subchapters do not change the

application of a law applicable to officers and employees of the

General Accounting Office.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 899.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

735(a) 31:52-6(a). Feb. 15, 1980, Pub. L. 96-191,

Sec. 7, 94 Stat. 33.

735(b) 31:52-6(b).

--------------------------------------------------------------------

In subsection (a), the words "repealing, amending, or otherwise"

are omitted as surplus.

In subsection (b), the words "repeal . . . or limit" are omitted

as surplus. The words "officers and" are added for consistency in

the revised title and with other titles of the United States Code.

-End-

-CITE-

31 USC Sec. 736 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER III - PERSONNEL

-HEAD-

Sec. 736. Authorization of appropriations

-STATUTE-

Amounts necessary to carry out this subchapter and subchapter IV

of this chapter may be appropriated to the Comptroller General.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 900.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

736 31:52-7. Feb. 15, 1980, Pub. L. 96-191,

Sec. 9, 94 Stat. 34.

--------------------------------------------------------------------

The word "hereby" is omitted as surplus. The words "to the

Comptroller General" are added for consistency. The words

"beginning fiscal year 1981 and for each fiscal year thereafter"

are omitted as executed.

-End-

-CITE-

31 USC SUBCHAPTER IV - PERSONNEL APPEALS BOARD 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER IV - PERSONNEL APPEALS BOARD

-HEAD-

SUBCHAPTER IV - PERSONNEL APPEALS BOARD

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 732, 735 of this

title; title 2 section 1371; title 42 section 12209.

-End-

-CITE-

31 USC Sec. 751 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER IV - PERSONNEL APPEALS BOARD

-HEAD-

Sec. 751. Organization

-STATUTE-

(a) The General Accounting Office has a General Accounting Office

Personnel Appeals Board. The Board is composed of 5 members

appointed by the Comptroller General. An individual may be

appointed only if the individual -

(1) is not a current or former officer or employee of the

Office or of the Architect of the Capitol, the Botanic Garden, or

the Senate Restaurants,; (!1)

(2) has the demonstrated ability, background, training, and

experience necessary to be qualified specially to serve on the

Board; and

(3) demonstrates a capacity and willingness to devote

sufficient time to dispose of cases in a timely way.

(b) The Comptroller General shall appoint members only -

(1) after considering any candidates who are recommended to the

Comptroller General (at such time and in such manner as the

Comptroller General requires) by organizations composed primarily

of individuals experienced in adjudicating or arbitrating

personnel matters; and

(2) after the Comptroller General consults with organizations

representing employees of the Office and with any member of each

committee of Congress, having legislative jurisdiction over the

personnel management system maintained under section 732 of this

title, whom the chairman of the committee designates.

(c)(1) Except as provided in paragraph (2), the term of a member

of the Board is 5 years. A member may not be reappointed. An

individual appointed to fill a vacancy occurring before the

expiration of a term of office is appointed for the remainder of

the term. However, if the unexpired part of a term is less than one

year, the Comptroller General may appoint an individual for a

5-year term plus the unexpired part of the term. When the term of a

member ends, the member may continue to serve until a successor

takes office or for 6 months after the term expires, whichever is

earlier.

(2)(A) The term of a member serving on the date of the enactment

of the General Accounting Office Personnel Amendments Act of 1988

shall be as follows:

(i) Of the 2 members appointed in 1985, the term of 1 such

member shall be 5 years, and the term of the other such member

shall be 6 years.

(ii) Of the 2 members appointed in 1986, the term of 1 such

member shall be 6 years, and the term of the other such member

shall be 7 years.

(iii) The term of the member appointed in 1987 shall be 7

years.

(B) Within 60 days after the date referred to in subparagraph

(A), the Comptroller General shall determine -

(i) with respect to the members under subparagraph (A)(i),

which will have a term of 5 years and which will have a term of 6

years; and

(ii) with respect to the members under subparagraph (A)(ii),

which will have a term of 6 years and which will have a term of 7

years.

(C) A term established for a member under this paragraph shall be

measured -

(i) from the date on which the member was originally appointed;

or

(ii) in the case of a member serving for the unexpired portion

of a term, from the appointment date of the individual who was

originally appointed to serve for such term.

(d) A member may be removed by a majority of the Board (except

the member subject to removal) only for inefficiency, neglect of

duty, or malfeasance in office. A member subject to removal shall

be given notice and an opportunity for a hearing before the Board

unless the member waives the opportunity in writing.

(e) While carrying out a member's duties (including travel), a

member who is not an officer or employee of the United States

Government is entitled to basic pay at a rate equal to the daily

rate of basic pay payable for grade GS-18 of the General Schedule.

Each member is entitled to travel expenses and per diem allowances

under section 5703 of title 5.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 900; Pub. L. 100-426,

title I, Secs. 101, 102(b), Sept. 9, 1988, 102 Stat. 1598, 1599;

Pub. L. 103-283, title III, Sec. 312(e)(4)(A), July 22, 1994, 108

Stat. 1446.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

751(a) 31:52-3(a)(1), (3). Feb. 15, 1980, Pub. L. 96-191,

Sec. 4(a)-(d), 94 Stat. 29.

751(b) 31:52-3(a)(2), (4).

751(c) 31:52-3(b).

751(d) 31:52-3(c).

751(e) 31:52-3(d).

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "The General

Accounting Office has a General Accounting Office Personnel Appeals

Board" are substituted for 31:52-3(a)(1)(1st sentence less words

between parentheses) for consistency. The text of 31:52-3(a)(1)(1st

sentence words between parentheses) is omitted because of the

restatement. The words "in accordance with this subsection" and "as

a member of the Board" are omitted as surplus. In clause (1), the

words "a total of" are omitted as surplus. In clause (4), the words

"to service as a member of the Board in order to enable the Board .

. . under this section" are omitted as surplus.

In subsection (b), before clause (1), the words "under paragraph

(1)" are omitted as surplus. The word "only" is added for clarity.

In clause (1), the words "in a way" are substituted for "in the

form . . . and according to the procedures" to eliminate

unnecessary words. The words "eligible to make such a submission

under paragraph (4)", "shall be eligible to submit a list of

candidates to the Comptroller General under paragraph (2)(A)", and

"the membership of" are omitted as surplus. In clause (2), the word

"management" is added for consistency. The words "under section 772

of this title" are added for clarity. The words "to consult with

the Comptroller General" are omitted as surplus.

In subsection (c), the words "Except as provided in paragraph

(2)" are omitted because of the restatement. The text of

31:52-3(b)(2) is omitted as executed. The words "of the Board" and

31:52-3(b)(4)(1st sentence) are omitted as surplus. The words

"occurring before the expiration of a term of office" are

substituted for "with respect to which such vacancy has occurred"

for clarity. The words "or for 6 months after the term expires,

whichever is earlier" are substituted for 31:52-3(b)(5)(words after

comma) to eliminate unnecessary words.

In subsection (d), the words "of the Board . . . from the Board",

"the members of", and "proposed action of" are omitted as surplus.

The words "prior to any vote of the members of the Board under

paragraph (1)(A)" are omitted as surplus. The words "unless the

member waives the opportunity in writing" are substituted for

31:52-3(c)(2)(last sentence) to eliminate unnecessary words.

In subsection (e), the words "While carrying out a member's

duties" are substituted for "for each day such member is engaged in

the actual performance of duties as a member of the Board" to

eliminate unnecessary words. The words "an officer or employee of"

are substituted for "otherwise employed by" for consistency in the

revised title and with other titles of the United States Code. The

words "payable . . . under the General Schedule under section 5332

of title 5, United States Code" and 31:52-3(d)(2d sentence) are

omitted as surplus.

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of the General Accounting Office

Personnel Amendments Act of 1988, referred to in subsec. (c)(2)(A),

is the date of enactment of Pub. L. 100-426, which was approved

Sept. 9, 1988.

-MISC2-

AMENDMENTS

1994 - Subsec. (a)(1). Pub. L. 103-283 inserted "or of the

Architect of the Capitol, the Botanic Garden, or the Senate

Restaurants," after "Office". See Application of Provisions Amended

by Pub. L. 103-283 note below.

1988 - Subsec. (a). Pub. L. 100-426, Sec. 101(a), struck out par.

(1) which required that Board appointees have 3 years full-time or

part-time experience in adjudicating or arbitrating personnel

matters, and redesignated pars. (2), (3), and (4) as (1), (2), and

(3), respectively.

Subsec. (b)(1). Pub. L. 100-426, Sec. 101(b), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: "from a

written list of candidates, submitted to the Comptroller General in

a way and at the time the Comptroller General requires, by any

organization the Comptroller General believes is composed primarily

of individuals experienced in adjudicating or arbitrating personnel

matters; and".

Subsec. (c)(1). Pub. L. 100-426, Sec. 101(c)(1), (2), designated

existing provisions as par. (1), substituted "Except as provided in

paragraph (2), the" for "The", and substituted "5" for "3" in two

places.

Subsec. (c)(2). Pub. L. 100-426, Sec. 101(c)(3), added par. (2).

Subsec. (e). Pub. L. 100-426, Sec. 102(b), substituted "basic pay

at a rate equal to the daily rate of basic pay payable for grade

GS-18 of the General Schedule" for "pay at a rate equal to the

daily rate for GS-18".

APPLICATION OF PROVISIONS AMENDED BY PUB. L. 103-283

Pub. L. 104-1, title V, Sec. 504(c)(2), Jan. 23, 1995, 109 Stat.

41, provided that: "The provisions of sections 751, 753, and 755 of

title 31, United States Code, amended by section 312(e) of the

Architect of the Capitol Human Resources Act [Pub. L. 103-283],

shall be applied and administered as if such section 312(e)

[amending this section and sections 753 and 755 of this title and

enacting section 1831(e) of Title 2, The Congress] (and the

amendments made by such section) had not been enacted."

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 Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-FOOTNOTE-

(!1) So in original. The comma probably should not appear.

-End-

-CITE-

31 USC Sec. 752 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER IV - PERSONNEL APPEALS BOARD

-HEAD-

Sec. 752. Chairman and General Counsel

-STATUTE-

(a) The General Accounting Office Personnel Appeals Board shall

select one of its members as Chairman. The Chairman is the chief

executive and administrative officer of the Board.

(b)(1) The Comptroller General shall appoint as General Counsel

of the Board an individual the Chairman selects. The General

Counsel serves at the pleasure of the Chairman.

(2) The Chairman shall fix the pay of the General Counsel. 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.

(3) The General Counsel shall -

(A) investigate an allegation about a prohibited 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 employee of the

General Accounting Office;

(B) investigate an allegation about a prohibited political

activity under section 732(b)(3) of this title;

(C) investigate a matter under the jurisdiction of the Board if

the Board or a member of the Board requests; and

(D) help the Board carry out its duties and powers.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 901; Pub. L. 100-426,

title I, Sec. 102(a), Sept. 9, 1988, 102 Stat. 1599.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

752(a) 31:52-3(e). Feb. 15, 1980, Pub. L. 96-191,

Sec. 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 reappointment 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 necessary" 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 omitted as

surplus. The words "duties and powers" are substituted for

"functions" for consistency.

AMENDMENTS

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".

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 Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-End-

-CITE-

31 USC Sec. 753 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER IV - PERSONNEL APPEALS BOARD

-HEAD-

Sec. 753. Duties and powers

-STATUTE-

(a) The General Accounting Office Personnel Appeals Board may

consider and order corrective or disciplinary action in a case

arising from -

(1) an officer or employee appeal about a removal, suspension

for more than 14 days, reduction in grade or pay, or furlough of

not more than 30 days;

(2) a prohibited personnel practice under section 732(b)(2) of

this title;

(3) a prohibited political activity under section 732(b)(3) of

this title;

(4) a decision of an appropriate unit of employees 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 prohibited under section

732(f)(1) of this title;

(8) an issue about Office personnel the Comptroller General by

regulation decides the Board shall resolve; and

(9) an action involving discrimination prohibited under section

312(e)(2) (!1) of the Architect 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 initiative, 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 appeals consistent with

sections 7701 and 7702 of title 5; and

(2) on the operating procedure of the Board.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 901; Pub. L. 103-283,

title III, Sec. 312(e)(4)(B), July 22, 1994, 108 Stat. 1446; Pub.

L. 104-53, title II, Sec. 213, Nov. 19, 1995, 109 Stat. 535.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

753(a) 31:52-3(h). Feb. 15, 1980, Pub. L. 96-191,

Sec. 4(h), (j), (k), (m), 94

Stat. 30, 31.

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 "decide" and

"(where appropriate)" are omitted as surplus. In clause (6), the

words "relations program" are substituted 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 "individual" 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.

-REFTEXT-

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, Sec. 504(c)(1), Jan. 23, 1995, 109 Stat. 41, except

as provided in section 1435 of Title 2.

-MISC2-

AMENDMENTS

1995 - Subsec. (b). Pub. L. 104-53, Sec. 213(2), added subsec.

(b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 104-53, Sec. 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, Sec. 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.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 732, 754, 755 of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

31 USC Sec. 754 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER IV - PERSONNEL APPEALS BOARD

-HEAD-

Sec. 754. Action by the Comptroller General

-STATUTE-

When the Comptroller General has authority, the Comptroller

General promptly shall carry out action the General Accounting

Office Personnel Appeals Board orders under section 753 of this

title.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 902.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

754 31:52-3(i). Feb. 15, 1980, Pub. L. 96-191,

Sec. 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.

-End-

-CITE-

31 USC Sec. 755 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER IV - PERSONNEL APPEALS BOARD

-HEAD-

Sec. 755. Judicial review

-STATUTE-

(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 Federal Circuit. Chapter 158 of title 28 applies to

a review under this subchapter, except the petition for review

shall be filed by the 30th day after the petitioner receives notice

of the decision. The court shall set aside a final decision the

court decides is -

(1) arbitrary, capricious, an abuse of discretion, or otherwise

not consistent with law;

(2) not made consistent with required procedures; or

(3) unsupported by substantial evidence.

(b) If an officer, employee, applicant for employment, or

employee of the Architect of the Capitol, the Botanic Garden, or

the Senate Restaurants is the prevailing party in a proceeding

under this section, and the decision is based on a finding of

discrimination prohibited under section 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.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 902; Pub. L. 98-216, Sec.

1(1), Feb. 14, 1984, 98 Stat. 3; Pub. L. 100-426, title I, Sec.

103(a), (b), Sept. 9, 1988, 102 Stat. 1599; Pub. L. 103-283, title

III, Sec. 312(e)(4)(C), July 22, 1994, 108 Stat. 1446.)

-MISC1-

HISTORICAL AND REVISION NOTES

1982 ACT

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

755 31:52-3(l). Feb. 15, 1980, Pub. L. 96-191,

Sec. 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.

1984 ACT

This clarifies section 755 by conforming it more closely to the

language of the source provision of the section.

-REFTEXT-

REFERENCES IN TEXT

Section 312(e)(2) of the Architect of the Capitol Human Resources

Act, referred to in subsec. (b), was classified to section

1831(e)(2) of Title 2, The Congress, and was repealed by Pub. L.

104-1, title V, Sec. 504(c)(1), Jan. 23, 1995, 109 Stat. 41, except

as provided in section 1435 of Title 2.

Section 706(k) of the Civil Rights Act of 1964, referred to in

subsec. (b), is classified to section 2000e-5(k) of Title 42, The

Public Health and Welfare.

-MISC2-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-283, Sec. 312(e)(4)(C)(i),

substituted ", (7) or (9)" for "or (7)" in introductory provisions.

See Application of Provisions Amended by Pub. L. 103-283 note

below.

Subsec. (b). Pub. L. 103-283, Sec. 312(e)(4)(C)(ii), substituted

"applicant for employment, or employee of the Architect of the

Capitol, the Botanic Garden, or the Senate Restaurants" for "or

applicant for employment", and inserted "or under section 312(e)(2)

of the Architect of the Capitol Human Resources Act" after "of this

title". See Application of Provisions Amended by Pub. L. 103-283

note below.

1988 - Subsec. (a). Pub. L. 100-426, Sec. 103(a), (b)(1),

designated existing provisions as subsec. (a) and substituted

"Federal Circuit" for "District of Columbia Circuit or by the court

of appeals of the United States for the circuit in which the

petitioner resides".

Subsec. (b). Pub. L. 100-426, Sec. 103(b)(2), added subsec. (b).

1984 - Pub. L. 98-216 substituted "A final decision under section

753(a)(1)-(3), (6), or (7) of this title may be reviewed by the

United States Court of Appeals for the District of Columbia Circuit

or by the court of appeals of the United States for the circuit in

which the petitioner resides" for "A person may apply for review of

a final decision under section 753(a)(1)-(3), (6), or (7) of this

title by filing a petition for review with the United States Court

of Appeals for the District of Columbia Circuit or with the court

of appeals of the United States for the circuit in which the person

resides" in provisions preceding par. (1).

EFFECTIVE DATE OF 1988 AMENDMENT

Section 103(c) of Pub. L. 100-426 provided that: "Nothing in any

of the amendments made by this section [amending this section]

shall apply with respect to an appeal pending on the date of the

enactment of this Act [Sept. 9, 1988]."

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 732 of this title.

-FOOTNOTE-

(!1) So in original. Second comma probably should follow "(7)".

(!2) See References in Text note below.

-End-

-CITE-

31 USC SUBCHAPTER V - ANNUITIES 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER V - ANNUITIES

-HEAD-

SUBCHAPTER V - ANNUITIES

-End-

-CITE-

31 USC Sec. 771 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER V - ANNUITIES

-HEAD-

Sec. 771. Definitions

-STATUTE-

In this subchapter -

(1) "dependent child" means an unmarried dependent child

(including a stepchild or adopted child) who is -

(A) under 18 years of age;

(B) incapable of self-support because of physical or mental

disability; or

(C) between 18 and 22 years of age and is a student regularly

pursuing a full-time course of study or training in residence

in a high school, trade school, technical or vocational

institute, junior college, college, university, or comparable

recognized educational institution. For the purposes of this

subchapter, a child whose 22nd birthday occurs before July 1 or

after August 31 of a calendar year, and while such child is

regularly pursuing such a course of study or training, is

deemed to have become 22 years of age on the first day of July

after that birthday. A child who is a student is deemed not to

have ceased to be a student during an interim period between

school years if the interim period is not more than 5 months

and if such child shows to the satisfaction of the General

Counsel of the General Accounting Office that such child has a

bona fide intention of continuing in the same or a different

school during the school semester (or other period into which

the school year is divided) immediately after the interim

period.

(2) "surviving spouse" means a surviving spouse of an

individual who was a Comptroller General or retired Comptroller

General and the spouse -

(A) was married to the individual for at least 1 year

immediately before the individual died; or

(B) has not remarried before age 55 and is the parent of

issue by the marriage.

(3) service as a Comptroller General equals the number of years

and complete months an individual is Comptroller General.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 902; Pub. L. 100-426,

title II, Sec. 202, Sept. 9, 1988, 102 Stat. 1600.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

771(1), 31:43b(g). June 10, 1921, ch. 18, 42

(2) Stat. 20, Sec. 319(g), (p);

added July 13, 1959, Pub. L.

86-87, 73 Stat. 198, 200.

771(3) 31:43b(p).

--------------------------------------------------------------------

In this subchapter, the words "surviving spouse", "spouse",

"surviving spouse's", and "parent" are substituted for "widow",

"wife", "surviving widow's", and "mother", respectively, because of

5:7202(c).

In clause (3), the words "or retired Comptroller General" are

omitted as executed because a retired Comptroller General could

elect survivor benefits and include retirement service only if the

Comptroller General had retired by July 13, 1959. The word "total"

is omitted as surplus. The words "complete months" are substituted

for "twelfth parts thereof, excluding from the aggregate the

fractional part of a month, if any" to eliminate unnecessary words.

The words "an individual is Comptroller General" are added for

clarity.

AMENDMENTS

1988 - Par. (1)(C). Pub. L. 100-426, Sec. 202(a), added subpar.

(C).

Par. (2)(A). Pub. L. 100-426, Sec. 202(b)(1), substituted "1

year" for "2 years".

Par. (2)(B). Pub. L. 100-426, Sec. 202(b)(2), inserted "before

age 55" after "remarried".

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-426 effective after end of 60-day period

beginning Sept. 9, 1988, with certain exceptions, see section 208

of Pub. L. 100-426, set out as a note under section 772 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 775, 776 of this title.

-End-

-CITE-

31 USC Sec. 772 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER V - ANNUITIES

-HEAD-

Sec. 772. Annuity of the Comptroller General

-STATUTE-

(a) Except as provided in subsection (c) of this section, a

Comptroller General serving a complete term as Comptroller General

or who retires under section 703(e)(1) of this title is entitled to

receive an annuity for life equal to the pay the Comptroller

General is receiving on completion of the term or at the time of

retirement. An annuity of a Comptroller General who completes a

term before becoming 65 years of age is reduced by .25 percent for

each complete month the Comptroller General is under 65 years of

age.

(b) Except as provided in subsection (c) of this section, a

Comptroller General becoming permanently disabled shall be retired

and is entitled to receive an annuity for life equal to -

(1) the pay of the Comptroller General at the time of

retirement if the Comptroller General served at least 10 years;

or

(2) 50 percent of the pay if the Comptroller General served

less than 10 years.

(c) A Comptroller General who, when appointed, is or has been

subject to subchapter III of chapter 83 or chapter 84 of title 5

remains subject to such subchapter III or such chapter 84 (as the

case may be) unless the Comptroller General elects in writing to

receive an annuity under this section. An election is irrevocable

and must be made within 10 years and 60 days after the start of

service as Comptroller General. A Comptroller General electing to

receive an annuity under this section is entitled to a refund of

the lump-sum credit to the account of the Comptroller General in

the Civil Service Retirement and Disability Fund.

(d) A Comptroller General (except a Comptroller General remaining

subject to subchapter III of chapter 83 of title 5) shall -

(1) deposit with the General Accounting Office for redeposit in

the Treasury as miscellaneous receipts as a contribution to the

annuity -

(A) 3.5 percent of the pay received as Comptroller General

before deductions are made under clause (2)(A) of this

subsection plus 3 percent interest compounded every December 31

on the amount to be deposited, if electing survivor benefits

under this subchapter; or

(B) 8 percent of the pay received as Comptroller General

before deductions are made under clause (2)(B) of this

subsection plus 3 percent interest compounded every December 31

on the amount to be deposited, if not electing survivor

benefits under this subchapter; and

(2) have -

(A) 3.5 percent of the pay received as Comptroller General

deducted as a contribution to the annuity if electing survivor

benefits under this subchapter; or

(B) 8 percent of the pay received as Comptroller General

deducted as a contribution to the annuity if not electing

survivor benefits under this subchapter.

(e) A Comptroller General receiving benefits under this section

may not receive retirement or disability benefits under another law

of the United States.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 902; Pub. L. 100-426,

title II, Sec. 203, Sept. 9, 1988, 102 Stat. 1600.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

772(a) 31:43(2d par. 1st June 10, 1921, ch. 18, 42

sentence). Stat. 20, Sec. 303(2d par.

1st, 2d, last sentences);

added July 28, 1953, ch. 256,

67 Stat. 229.

772(b) 31:43(2d par. 2d

sentence).

772(c) 31:43(3d par. 1st, June 10, 1921, ch. 18, 42

2d sentences, 3d Stat. 20, Sec. 303(3d par.

sentence words 1st-3d sentences); added July

before comma). 26, 1966, Pub. L. 89-520, Sec.

1, 80 Stat. 329; Oct. 25,

1978, Pub. L. 95-512, Sec.

4(b)(1), 92 Stat. 1800.

772(d) 31:43(2d par. 4th June 10, 1921, ch. 18, 42

sentence, 3d par. Stat. 20, Sec. 303(2d par. 4th

last sentence). sentence, 3d par. last

sentence); added Oct. 25,

1978, Pub. L. 95-512, Sec.

4(a), (b)(2), 92 Stat. 1800.

772(e) 31:43(2d par. last

sentence, 3d par.

3d sentence words

after comma).

--------------------------------------------------------------------

In subsections (a) and (b), the words "Except as provided in

subsection (c) of this section" are added for clarity. The words

"is entitled to receive" are substituted for "shall receive" as

being more precise and for consistency with title 5.

In subsection (a), the words "under section 703(e)(1) of this

title" are added for clarity. The words "in his office" are omitted

as surplus. The words "before becoming 65 years of age" are added

for clarity. The words "at such completion" are omitted as surplus.

In subsection (b), before clause (1), the words "from performing

his duties" are omitted as surplus.

In subsections (c) and (d), the words "Comptroller General" are

substituted for "person appointed to the Office of Comptroller

General" and "person who is appointed to the Office of Comptroller

General" to eliminate unnecessary words.

In subsection (c), the words "Notwithstanding the preceding

paragraph of this section" are omitted as surplus. The words "after

January 1, 1966" are omitted as executed. The words "receive an

annuity under this section" are substituted for "and no deduction

from his salary shall be made under the preceding paragraph . . .

be subject to the provisions of the preceding paragraph of this

section" for clarity and because of the restatement.

In subsection (d), before clause (1), the words "after October

25, 1978" are omitted as executed. The words "(except a Comptroller

General remaining subject to subchapter III of chapter 83 of title

5)" are added for clarity. In clauses (1) and (2), the word "pay"

is substituted for "salary" for consistency in the revised title

and with other titles of the United States Code. The words "a sum

equal to" are omitted as surplus. In clause (1), before subclause

(A), the words "makes such an election under this paragraph" are

omitted as surplus. The word "redeposit" is substituted for

"covering" for clarity. The words "the general fund of" and

"authorized under the preceding paragraph" are omitted as surplus.

In subclauses (A) and (B), the words "before deductions are made

under clause (2)(A) of this subsection" and "before deductions are

made under clause (2)(B) of this subsection" are substituted for

"prior to the date current deductions begin from his salary" for

clarity. The words "per annum" are omitted as surplus. In clause

(2), the words "authorized by this paragraph" are omitted as

surplus.

In subsection (e), the words "Comptroller General" are

substituted for "person" for clarity.

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-426, Sec. 203(1), substituted

"retires under section 703(e)(1) of this title" for "is retired for

age under section 703(e)(1) of this title after serving at least 10

years".

Subsec. (c). Pub. L. 100-426, Sec. 203(2), substituted

"subchapter III of chapter 83 or chapter 84 of title 5 remains

subject to such subchapter III or such chapter 84 (as the case may

be)" for "subchapter III of chapter 83 of title 5 remains subject

to subchapter III".

EFFECTIVE DATE OF 1988 AMENDMENT

Section 208 of title II of Pub. L. 100-426 provided that: "The

amendments made by this title [amending this section and sections

703, 771, 773, 774, 776, and 777 of this title] shall be effective

after the end of the 60-day period beginning on the date of

enactment of this Act [Sept. 9, 1988], except that an individual

who, as of such date of enactment, is receiving an annuity under

subchapter V of chapter 7 of title 31, United States Code, as a

retired Comptroller General (and the spouse and any dependent

children of such individual who may survive such individual) shall

remain subject to the provisions of such subchapter, as in effect

immediately before such date, if the retired Comptroller General

makes an election under this section. An election under this

section shall be ineffective unless it is made in writing and

received by the General Counsel of the General Accounting Office

before the end of the 60-day period referred to in the preceding

sentence."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 735, 773, 774, 775, 777

of this title.

-End-

-CITE-

31 USC Sec. 773 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER V - ANNUITIES

-HEAD-

Sec. 773. Election of survivor benefits

-STATUTE-

(a) To provide survivor benefits, a Comptroller General may elect

in writing to reduce the pay and annuity of the Comptroller

General. An election shall be made within 6 months of taking office

or, if an election is made under section 772(c) of this title, by

the 60th day after making an election under section 772(c).

(b) A Comptroller General electing to provide survivor benefits

shall -

(1) have 4.5 percent of the pay received as Comptroller General

and 5 percent of the annuity of the Comptroller General deducted;

and

(2) deposit with the General Accounting Office for redeposit in

the Treasury as miscellaneous receipts -

(A) 4.5 percent of the pay and annuity received as

Comptroller General before the deductions begin;

(B) 4.5 percent of basic pay received as a member of Congress

or for other civilian service on which a surviving spouse's

annuity is computed under section 774(d) of this title; and

(C) 4 percent interest before January 1, 1948, and 3 percent

interest after December 31, 1947, compounded every December 31,

on amounts deposited.

(c) This subchapter does not prevent a surviving spouse or

dependent child from receiving another annuity while receiving an

annuity under section 774 of this title. However, service used in

computing an annuity under section 774 may not be used in computing

the other annuity.

(d) The reduction in the Comptroller General's annuity under

subsection (b)(1) for the purpose of providing survivor benefits

shall be terminated for each full month after the death of the

spouse.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 903; Pub. L. 100-426,

title II, Sec. 204, Sept. 9, 1988, 102 Stat. 1600.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

773(a) 31:43b(a). June 10, 1921, ch. 18, 42

Stat. 20, Sec. 319(a); added

July 13, 1959, Pub. L. 86-87,

73 Stat. 197; July 26, 1966,

Pub. L. 89-520, Sec. 2, 80

Stat. 329.

773(b) 31:43b(b), (c). June 10, 1921, ch. 18, 42

Stat. 20, Sec. 319(b), (c);

added July 13, 1959, Pub. L.

86-87, 73 Stat. 197; Oct. 25,

1978, Pub. L. 95-512, Sec.

2(1), 92 Stat. 1799.

773(c) 31:43b(q). June 10, 1921, ch. 18, 42

Stat. 20, Sec. 319(q); added

July 13, 1959, Pub. L. 86-87,

73 Stat. 200.

--------------------------------------------------------------------

In subsections (a) and (b), the word "pay" is substituted for

"salary", and the word "annuity" is substituted for "retirement

pay", for consistency in the revised title and with other titles of

the United States Code.

In subsection (a), the words "To provide" are substituted for

"for purposes of" for clarity. The words "or in the case of the

Comptroller General currently in office and any retired Comptroller

General, within six months after July 13, 1959" are omitted as

executed. The words "as hereinafter provided" are omitted as

surplus.

In subsection (b), before clause (1), the words "of the United

States" are omitted as surplus. The words "or retired Comptroller

General" are omitted as executed. The word "provide" is substituted

for "receive" for clarity and consistency. In clause (2), before

subclause (A), the word "redeposit" is substituted for "covering"

for clarity. The words "the general fund of" and "a sum equal to"

are omitted as surplus. In subclause (A), the words "the date

current . . . from his salary and retirement pay" and

31:43b(c)(last sentence) are omitted as surplus. In subclause (B),

the words "salary . . . or compensation for service" are omitted as

surplus. The words "member of Congress" are substituted for

"Senator, Representative, Delegate, or Resident Commissioner in the

Congress of the United States" for consistency and to eliminate

unnecessary words.

In subsection (c), the words "be construed to" and "eligible

therefore" are omitted as surplus. The words "receiving another

annuity while" are substituted for "simultaneously . . . and any

annuity . . . to which she would otherwise be entitled under any

other law" to eliminate unnecessary words. The words "(including

old age and survivor benefits)" and "without regard to this

section" are omitted as surplus.

AMENDMENTS

1988 - Subsec. (b)(1). Pub. L. 100-426, Sec. 204(1), inserted "5

percent of the" before "annuity".

Subsec. (b)(2)(C). Pub. L. 100-426, Sec. 204(2), substituted "3

percent" for "4.5 percent".

Subsec. (d). Pub. L. 100-426, Sec. 204(3), added subsec. (d).

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-426 effective after end of 60-day period

beginning Sept. 9, 1988, with certain exceptions, see section 208

of Pub. L. 100-426, set out as a note under section 772 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 774, 775, 776, 778 of

this title.

-End-

-CITE-

31 USC Sec. 774 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER V - ANNUITIES

-HEAD-

Sec. 774. Survivor annuities

-STATUTE-

(a) In this section -

(1) "allowable military service" means honorable active service

of not more than 5 years in an armed force (including service in

the National Guard when ordered to active duty for the United

States Government), when the service is not creditable in

computing another annuity.

(2) "other prior allowable service" means civilian service as

an officer or employee of the Government or District of Columbia

government not covered by subsection (d)(1) of this section.

(3) "congressional employee" has the same meaning given that

term in section 2107 of title 5.

(b) A survivor annuity shall be paid under this subchapter when a

Comptroller General -

(1) makes an election under section 773 of this title;

(2) dies in office or while receiving an annuity under section

772 of this title;

(3) had at least 18 months of civilian service at death

computed under subsections (a) and (d) of this section; and

(4) had deductions or deposits under section 773 of this title

made for the last 18 months of civilian service.

(c) If the Comptroller General or retired Comptroller General is

survived -

(1) only by a spouse, the surviving spouse shall receive an

annuity computed under subsection (d) of this section beginning

on the death of the Comptroller General or retired Comptroller

General or when the spouse is 50 years of age, whichever is

later;

(2) by a spouse and a dependent child, the surviving spouse

shall receive an immediate annuity computed under subsection (d)

of this section and each dependent child shall receive an

immediate annuity equal to the smaller of -

(A) 10 percent of the average annual pay computed under

subsection (d)(1) of this section; or

(B) 20 percent of the average annual pay computed under

subsection (d)(1) of this section, divided by the number of

dependent children; or

(3) only by a dependent child, each dependent child shall

receive an immediate annuity equal to the smaller of -

(A) the annuity a surviving spouse would be entitled to

receive under clause (2) of this subsection, divided by the

number of dependent children;

(B) 20 percent of the average annual pay computed under

subsection (d)(1) of this section; or

(C) 40 percent of the average annual pay computed under

subsection (d)(1) of this section, divided by the number of

dependent children.

(d) The annuity of a surviving spouse is equal to -

(1) 1.5 percent of the average annual pay (based on the 3 years

of highest pay received as Comptroller General and other prior

allowable service) times -

(A) the number of years of -

(i) service as Comptroller General or a member of Congress;

and

(ii) prior allowable military service; and

(B) not more than 15 years of prior allowable service as a

congressional employee; plus

(2) .75 percent of the average pay computed under clause (1) of

this subsection times the number of years of other allowable

service.

(e) A surviving spouse's annuity may not be more than 50 percent

nor less than 25 percent of the average annual pay computed under

subsection (d)(1) of this section. If a Comptroller General does

not make the deposit under section 773(b) of this title, a

surviving spouse's annuity shall be credited with the service

during which a deposit was not made, unless the spouse elects not

to have the service credited. However, the annuity shall be reduced

by 10 percent of the amount of the unpaid deposit, computed on the

date the Comptroller General or retired Comptroller General dies.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 904; Pub. L. 100-426,

title II, Sec. 205, Sept. 9, 1988, 102 Stat. 1600.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

774(a) 31:43b(o). June 10, 1921, ch. 18, 42

Stat. 20, Sec. 319(d), (o);

added July 13, 1959, Pub. L.

86-87, 73 Stat. 197, 200.

774(b), 31:43b(e). June 10, 1921, ch. 18, 42

(c) Stat. 20, Sec. 319(e), (n);

added July 13, 1959, Pub. L.

86-87, 73 Stat. 197, 200; Oct.

25, 1978, Pub. L. 95-512, Sec.

2(2)-(4), 92 Stat. 1799.

774(d) 31:43b(n)(less

words after last

comma).

774(e) 31:43b(d).

31:43b(n)(words

after last comma).

--------------------------------------------------------------------

In subsection (a)(1), the words "in an armed force" are

substituted for "in the Army, Navy, Air Force, Marine Corps, or

Coast Guard" for consistency with title 10. The word "only" is

omitted as surplus. The word "Government" is added for consistency.

The word "computing" is added for clarity. The word "annuity" is

substituted for "retirement or retired pay" for consistency in the

revised title and with other titles of the United States Code. The

words "under any other provision of law" are omitted as surplus.

Subsection (a)(3) is substituted for 31:43b(o)(1st sentence) for

consistency in the revised title and with other titles of the Code.

In subsection (b), before clause (1), the words "A survivor

annuity shall be paid under this subchapter when" are added for

clarity. The words "or retired Comptroller General" are omitted as

executed. In clause (1), the words "made an election under section

733 of this title" are substituted for "has elected to bring

himself within the purview of this section" for clarity. In clause

(2), the word "annuity" is substituted for "retirement pay" for

consistency in the revised title and with other titles of the Code.

In clause (4), the words "salary" and "actually" are omitted as

surplus.

In subsection (c)(1), the words "only by a spouse" are

substituted for "by a widow but not by a dependent child" to

eliminate unnecessary words.

In subsection (c)(2), before subclause (A), the words "or

children" and "in an amount" are omitted as surplus.

In subsection (c)(3), before subclause (A), the words "only by a

dependent child" are substituted for "no surviving widow but leaves

a surviving dependent child or children" to eliminate unnecessary

words. In subclause (A), the words "the amount of" are omitted as

surplus. The words "a surviving spouse" are substituted for "such

widow . . . had she survived" to eliminate unnecessary words.

In subsection (d), before clause (1), the words "of a Comptroller

General or retired Comptroller General who has elected to bring

himself within the purview of this section" are omitted as surplus.

In clauses (1) and (2), the word "pay" is substituted for "salary"

for consistency in the revised title and with other titles of the

Code. In clause (1), before subclause (A), the words "by him for

service . . . service in which his" are omitted as surplus. In

subclause (A)(i), the words "member of Congress" are substituted

for "Senator, Representative, Delegate, or Resident Commissioner in

the Congress of the United States" for consistency and to eliminate

unnecessary words. The words "his years of service as" and "of the

United States" are omitted as surplus.

In subsection (e), the words "and shall be further reduced in

accordance with subsection (d) of this section if applicable" are

omitted because of the restatement. The words "or a retired

Comptroller General" are omitted as executed. The words "during

which a deposit was not made" are substituted for "rendered" for

clarity. The word "unpaid" is added for clarity.

AMENDMENTS

1988 - Subsec. (b)(3), (4). Pub. L. 100-426, Sec. 205(1),

substituted "18 months" for "5 years".

Subsec. (c)(2), (3). Pub. L. 100-426, Sec. 205(2), amended pars.

(2) and (3) generally. Prior to amendment, pars. (2) and (3) read

as follows:

"(2) by a spouse and a dependent child, the surviving spouse

shall receive an immediate annuity under subsection (d) of this

section and each dependent child shall receive an immediate annuity

equal to the smaller of -

"(A) $1,548; or

"(B) $4,644 divided by the number of dependent children; or

"(3) only by a dependent child, each dependent child shall

receive an immediate annuity equal to the smaller of -

"(A) the annuity a surviving spouse would be entitled to

receive under clause (2) of this subsection divided by the number

of dependent children;

"(B) $1,860; or

"(C) $5,580 divided by the number of dependent children."

Subsec. (d)(1). Pub. L. 100-426, Sec. 205(3), substituted "1.5

percent" for "1.25 percent" in introductory provisions.

Subsec. (e). Pub. L. 100-426, Sec. 205(4), substituted "more than

50 percent nor less than 25 percent" for "more than 40 percent".

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-426 effective after end of 60-day period

beginning Sept. 9, 1988, with certain exceptions, see section 208

of Pub. L. 100-426, set out as a note under section 772 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 773, 775, 776, 777, 778

of this title.

-End-

-CITE-

31 USC Sec. 775 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER V - ANNUITIES

-HEAD-

Sec. 775. Refunds

-STATUTE-

(a) A Comptroller General separated from office before becoming

entitled to receive an annuity under section 772 of this title is

entitled to a lump-sum refund of the amount deducted from pay or

deposited as a contribution under section 772, plus 3 percent

interest on the amount compounded every December 31.

(b) A Comptroller General making an election under section 773 of

this title who is separated from office before becoming entitled to

an annuity under section 772 of this title is entitled to a

lump-sum refund of the amount deducted under section 773 of this

title, plus 4 percent interest before January 1, 1948, and 3

percent interest after December 31, 1947, compounded every December

31 until the separation date.

(c) A lump-sum refund of the amounts deducted under sections 772

and 773 of this title, plus interest of 4 percent before January 1,

1948, and 3 percent after December 31, 1947, compounded every

December 31 until the date of death, shall be paid under subsection

(d) of this section if -

(1) a Comptroller General dies in office before completing 5

years of civilian service under section 774 of this title or

after completing 5 years of civilian service but without a

survivor entitled to an annuity under section 774(b) and (c) of

this title; or

(2) if a retired Comptroller General dies without a survivor

entitled to an annuity under section 774(b) and (c) of this

title.

(d) If a Comptroller General or retired Comptroller General dies

before a refund is made under this section, the refund shall be

paid in the following order of precedence:

(1) to a beneficiary the Comptroller General or retired

Comptroller General designated in writing if the designation was

received by the General Accounting Office before the death of the

Comptroller General or retired Comptroller General.

(2) to a surviving spouse.

(3) to the children and to a descendant of a deceased child by

representation.

(4) to the parents equally or, if only one surviving parent, to

that survivor.

(5) to the executor or administrator of the estate of the

Comptroller General or retired Comptroller General.

(6) to the next of kin that the General Counsel of the General

Accounting Office decides is entitled to the refund under the

laws of the domicile of the Comptroller General or retired

Comptroller General at the time of death.

(e) The General Counsel is not subject to section 771(1) and (2)

of this title when making a decision about a surviving spouse or

child under subsection (c) or (d) of this section.

(f) If the annuities of all individuals entitled to survivor

annuities under this subchapter end before the amount of annuities

paid equals the amount deducted under sections 772 and 773 of this

title, plus interest of 4 percent before January 1, 1948, and 3

percent after December 31, 1947, compounded every December 31 until

the date of death, the remainder shall be paid under subsection (d)

of this section.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 905.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

775(a) 31:43(last par. 1st June 10, 1921, ch. 18, 42

sentence). Stat. 20, Sec. 303(last par.);

added Oct. 25, 1978, Pub. L.

95-512, Sec. 4(c), 92 Stat.

1801.

775(b) 31:43b(i). June 10, 1921, ch. 18, 42

Stat. 20, Sec. 319(i),

(j)(less last 13 words before

colon), (k); added July 13,

1959, Pub. L. 86-87, 73 Stat.

198.

775(c)- 31:43(last par.

(e) last sentence).

31:43b(j)(less last

13 words before

colon).

775(f) 31:43b(k).

--------------------------------------------------------------------

In subsections (a) and (b), the word "total" is omitted as

surplus.

In subsection (a), the word "pay" is substituted for "salary" for

consistency in the revised title and with other titles of the

United States Code. The words "by him" and "to his annuity" are

omitted as surplus.

In subsection (b), the words "who has elected to bring himself

within the purview of" are omitted as surplus. The word "annuity"

is substituted for "retirement pay" for consistency in the revised

title and with other titles of the Code.

In subsection (c), before clause (1), the words "A lump-sum

refund of the amounts deducted under sections 772 and 773 of this

title" are substituted for "total amount deducted from his salary

and retirement pay" for clarity. The words "under subsection (d) of

this section" are added because of the restatement. The words "to

the person or persons surviving at the date title to payment

arises" are omitted as surplus.

In subsection (d), the words before clause (1) are included for

clarity. In clauses (2)-(4) and (6), the words "of such Comptroller

General or retired Comptroller General" are omitted as surplus. In

clause (5), the words "duly appointed" are omitted as surplus.

In subsection (e), the words "of a Comptroller General or retired

Comptroller General" are omitted as surplus. The words "is not

subject to" are substituted for "shall be made . . . without regard

to the definitions of these terms in" to eliminate unnecessary

words.

In subsection (f), the word "individuals" is substituted for

"persons" for consistency. The word "aggregate" is omitted as

surplus. The words "under sections 772 and 773 of this title" are

substituted for "total . . . from the salary and retirement pay of

a Comptroller General or retired Comptroller General" for clarity

and consistency. The word "under" is substituted for "in the order

of precedence prescribed in" to eliminate unnecessary words.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 735, 776, 778 of this

title.

-End-

-CITE-

31 USC Sec. 776 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER V - ANNUITIES

-HEAD-

Sec. 776. Payment of survivor benefits

-STATUTE-

(a) An annuity under section 774 of this title accrues monthly

and is paid monthly on the first business day of the month after

the month in which an annuity accrues.

(b)(1) A surviving spouse's annuity ends when the spouse

remarries before age 55 or dies.

(2) A dependent child's annuity ends when the child becomes 18

years of age (unless the child is then a student as described in

section 771(1)(C) of this title), marries, or dies, whichever is

earliest. However, if a child is not self-supporting because of a

physical or mental disability, an annuity ends when the child

recovers, marries, or dies.

(3) If a surviving spouse dies and a dependent child survives,

the child's annuity is recomputed under section 774(c)(3) of this

title.

(4) When a dependent child's annuity ends, the annuity of another

dependent child is recomputed as if the child whose annuity has

ended did not survive a Comptroller General or retired Comptroller

General.

(c) An accrued annuity unpaid when the annuity of a survivor ends

-

(1) for a reason except death, shall be paid to the survivor;

and

(2) when a survivor dies, shall be paid in the following order

of precedence:

(A) to the executor or administrator of the estate of the

individual.

(B) if there is no executor or administrator, then after 30

days after the date of death, to an individual the General

Counsel of the General Accounting Office decides is legally

entitled to the payment.

(d)(1) A payment under subsection (c)(2)(B) of this section or

section 775(d) of this title is a bar to recovery by another

individual.

(2) A benefit under this section and sections 773-775 of this

title is not assignable or subject to legal process.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 906; Pub. L. 100-426,

title II, Sec. 206, Sept. 9, 1988, 102 Stat. 1601.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

776(a) 31:43b(m)(1st June 10, 1921, ch. 18, 42

sentence). Stat. 20, Sec. 319(f),

(j)(last 13 words before

colon), (l), (m); added July

13, 1959, Pub. L. 86-87, 73

Stat. 198, 199.

776(b) 31:43b(f).

776(c) 31:43b(l)(words

before last comma).

776(d)(1) 31:43b(j)(last 13

words before colon).

31:43b(l)(words

after last comma).

776(d)(2) 31:43b(m)(last

sentence).

--------------------------------------------------------------------

In subsection (a), the words "due and" and "or other period" are

omitted as surplus.

In subsection (b)(2), the word "dependent" is added for clarity.

In subsections (b)(3) and (c), the words "of a Comptroller

General or retired Comptroller General" are omitted as surplus.

In subsection (b)(3) and (4), the words "and paid" are omitted as

surplus.

In subsection (c)(2)(A), the words "duly appointed" are omitted

as surplus. The word "individual" is substituted for "person" for

consistency.

In subsection (c)(2)(B), the words "payment may be made" and "the

expiration of . . . from" are omitted as surplus. The words "to the

payment" are substituted for "thereto" for clarity.

In subsection (d)(2), the words "A benefit" are substituted for

"None of the moneys mentioned" to eliminate unnecessary words. The

words "either in law or equity" and "execution, levy, attachment,

garnishment, or other" are omitted as surplus.

AMENDMENTS

1988 - Subsec. (b)(1). Pub. L. 100-426, Sec. 206(1), inserted

"before age 55" after "remarries".

Subsec. (b)(2). Pub. L. 100-426, Sec. 206(2), inserted "(unless

the child is then a student as described in section 771(1)(C) of

this title)" after "age".

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-426 effective after end of 60-day period

beginning Sept. 9, 1988, with certain exceptions, see section 208

of Pub. L. 100-426, set out as a note under section 772 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 778 of this title.

-End-

-CITE-

31 USC Sec. 777 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER V - ANNUITIES

-HEAD-

Sec. 777. Annuity increases

-STATUTE-

(a) An annuity payable under this subchapter shall be increased

at the same time that, and by the same percent as the percentage by

which, annuities are increased under section 8340(b) of title 5.

(b) An annuity under section 772 of this title may not be more

than the basic pay of the Comptroller General. A surviving spouse's

annuity may be increased under this section without regard to any

limitation set forth in section 774(e) of this title.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 906; Pub. L. 100-426,

title II, Sec. 207, Sept. 9, 1988, 102 Stat. 1601.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

777(a) 31:43c(a)(words June 10, 1921, ch. 18, 42

before colon), (1). Stat. 20, Sec. 320; added Oct.

25, 1978, Pub. L. 95-512, Sec.

3, 92 Stat. 1799.

777(b) 31:43c(a)(2).

777(c) 31:43c(a)(3), (b).

--------------------------------------------------------------------

In subsection (a), before clause (1), the text of 31:43c(a)(words

before colon) is omitted as surplus.

In subsection (b), the words "in any year" and "commencing" are

omitted as surplus.

In subsection (c)(1), the words "per centum" and "by the

Comptroller General" are omitted as surplus. The words "Civil

Service Commission" (subsequently changed to "Office of Personnel

Management" because of section 101 of Reorganization Plan No. 2 of

1978 (eff. Jan. 1, 1979, 92 Stat. 3783)) are omitted because of the

restatement of section 8340(b) of title 5 by section 1702(a) of the

Omnibus Budget Reconciliation Act of 1981.

In subsection (c)(2), the words "by reason of the application of

subsection (a) of this section" and "annual" are omitted as

surplus. The words "basic pay" are substituted for "compensation"

for consistency with other titles of the United States Code.

AMENDMENTS

1988 - Pub. L. 100-426 amended section generally. Prior to

amendment, section read as follows:

"(a) The Comptroller General shall compute -

"(1) on January 1 of each year, or within a reasonable time

after January 1, the percent change in the Consumer Price Index

between June and December of the prior year; and

"(2) on July 1 of each year, or within a reasonable time after

July 1, the percent change in the Index between June of the same

year and December of the prior year.

"(b) If a percent change computed under subsection (a)(1) of this

section indicates a rise in the Index, an annuity payable under

this subchapter and beginning before March 2 shall increase on

March 1 by the percent change computed under subsection (a)(1),

adjusted to the nearest .1 percent. If a percent change computed

under subsection (a)(2) of this section indicates a rise in the

Index, an annuity payable under this subchapter and beginning

before September 2 shall increase on September 1 by the percent

change computed under subsection (a)(2), adjusted to the nearest .1

percent.

"(c)(1) An increase under this section may not be more than an

increase prescribed under section 8340(b) of title 5.

"(2) An annuity under section 772 of this title may not be more

than the basic pay of the Comptroller General."

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-426 effective after end of 60-day period

beginning Sept. 9, 1988, with certain exceptions, see section 208

of Pub. L. 100-426, set out as a note under section 772 of this

title.

-End-

-CITE-

31 USC Sec. 778 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER V - ANNUITIES

-HEAD-

Sec. 778. Dependency and disability decisions

-STATUTE-

The General Counsel of the General Accounting Office shall decide

a question of dependency, disability, or dependency and disability

under sections 773-776 of this title. A decision under this section

is final.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 907.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

778 31:43b(h). June 10, 1921, ch. 18, 42

Stat. 20, Sec. 319(h); added

July 13, 1959, Pub. L. 86-87,

73 Stat. 198.

--------------------------------------------------------------------

The words "arising" and "and conclusive" are omitted as surplus.

-End-

-CITE-

31 USC Sec. 779 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER V - ANNUITIES

-HEAD-

Sec. 779. Use of appropriations

-STATUTE-

Annuities and refunds under this subchapter shall be paid by the

Comptroller General from appropriations of the General Accounting

Office.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 907.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

779 31:43(2d par. 3d June 10, 1921, ch. 18, 42

sentence). Stat. 20, Sec. 303(2d par. 3d

sentence); added July 28,

1953, ch. 256, 67 Stat. 229.

31:43b(r). June 10, 1921, ch. 18, 42

Stat. 20, Sec. 319(r); added

July 13, 1959, Pub. L. 86-87,

73 Stat. 200.

--------------------------------------------------------------------

The words "of deposits" in 31:43b(r) are omitted as surplus.

-End-

-CITE-

31 USC SUBCHAPTER VI - PROPERTY MANAGEMENT 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER VI - PROPERTY MANAGEMENT

-HEAD-

SUBCHAPTER VI - PROPERTY MANAGEMENT

-End-

-CITE-

31 USC Sec. 781 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER VI - PROPERTY MANAGEMENT

-HEAD-

Sec. 781. Authority over the General Accounting Office Building

-STATUTE-

(a) The Comptroller General shall have exclusive custody and

control over the building located at 441 G Street, N.W., in the

District of Columbia, that is generally known as the General

Accounting Office Building, including operation, maintenance,

protection, alteration, repair, and assignment of space therein.

Such custody and control shall also extend to any machinery,

equipment, spare parts and tools located in and usable for the

operation and maintenance of the General Accounting Office

Building. For the purposes of securing approval of any prospectus

detailing proposed alterations of the General Accounting Office

Building, as required by section 3307 of title 40, the Comptroller

General shall perform the functions assigned to the Administrator

of General Services by that section.

(b) Upon request of the Comptroller General, the Administrator of

General Services shall provide, to the extent resources are

available, any necessary services for the protection of the

property and persons in the General Accounting Office Building,

including the provision of special police, responding to and

investigating incidents, and the monitoring of the perimeter

security system. Such services may be provided with or without

reimbursement as the Comptroller General and the Administrator may

agree.

(c)(1) The Comptroller General is authorized to enter into

agreements or contracts to acquire property or services on such

terms and conditions and in such a manner as he deems necessary and

without regard to section 3709 of the Revised Statutes (41 U.S.C.

5); except that the Comptroller General may not acquire real

property unless specifically authorized by law. In exercising the

authority granted by this section, the Comptroller General shall

obtain full and open competition in accordance with the principles

and purposes of the Competition in Contracting Act of 1984.

(2) To the extent that funds are otherwise available for

obligation, agreements or contracts for utility services may be

made for periods not exceeding 10 years.

(3) The Comptroller General may make advance, progress, and other

payments which relate to agreements or contracts entered into under

authority of this section, without regard to the provisions of

section 3324(a) and (b) of this title.

-SOURCE-

(Added Pub. L. 100-545, Sec. 1, Oct. 28, 1988, 102 Stat. 2727;

amended Pub. L. 107-217, Sec. 3(h)(1), Aug. 21, 2002, 116 Stat.

1299.)

-REFTEXT-

REFERENCES IN TEXT

The Competition in Contracting Act of 1984, referred to in

subsec. (c)(1), is title VII of Pub. L. 98-369, div. B, July 18,

1984, 98 Stat. 1175. For complete classification of this Act to the

Code, see Short Title of 1984 Amendments note set out under section

251 of Title 41, Public Contracts, and Tables.

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-217 substituted "section 3307 of

title 40" for "section 7 of the Public Buildings Act of 1959, as

amended (40 U.S.C. 606)".

-End-

-CITE-

31 USC Sec. 782 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER VI - PROPERTY MANAGEMENT

-HEAD-

Sec. 782. Leasing of space in the General Accounting Office

Building

-STATUTE-

The Comptroller General is authorized to lease or otherwise

provide space and services within the General Accounting Office

Building to persons, both public and private, or to any department,

agency or instrumentality of the United States Government upon such

terms and conditions as the Comptroller General deems necessary to

protect the public interest. The Comptroller General shall

establish a rental rate for such leased space equivalent to the

prevailing commercial rate for comparable space devoted to a

similar purpose in the vicinity of the General Accounting Office

Building. Additionally, the Comptroller General may make available,

on occasion, or may lease at such rates and on such other terms and

conditions as the Comptroller General deems to be in the public

interest, auditoriums, meeting rooms, and lobbies of the General

Accounting Office Building to persons, firms, or organizations

engaged in cultural, educational, or recreational activities (as

defined in section 3306(a) of title 40). The Comptroller General

will consult with the Administrator of General Services and will

give priority to Federal agencies in filling available space within

the General Accounting Office Building. Payments for space or

services may be made in advance or by way of reimbursement and

shall be deposited to a special account and shall be available for

expenditure for operation, maintenance, protection, alteration, or

repair of the General Accounting Office Building in such amounts as

are specified in annual appropriation Acts without regard to fiscal

year limitations.

-SOURCE-

(Added Pub. L. 100-545, Sec. 1, Oct. 28, 1988, 102 Stat. 2728;

amended Pub. L. 103-272, Sec. 4(f)(1)(D), July 5, 1994, 108 Stat.

1362; Pub. L. 107-217, Sec. 3(h)(2), Aug. 21, 2002, 116 Stat.

1299.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-217 substituted "(as defined in section

3306(a) of title 40)" for "(as defined in section 105 of the Public

Buildings Cooperative Use Act of 1976 (40 U.S.C. 612a))".

1994 - Pub. L. 103-272 substituted "612a))." for "612a)."

PAYMENTS OF REIMBURSEMENTS INCIDENT TO OPERATION OF GENERAL

ACCOUNTING OFFICE BUILDING

Pub. L. 101-520, title II, Nov. 5, 1990, 104 Stat. 2275, provided

in part that "notwithstanding the provisions of section 782 of

title 31, United States Code, hereinafter any payments of

reimbursements received incident to the operation of the General

Accounting Office Building shall be credited to the appropriation

currently available to the General Accounting Office and remain

available until expended, and not more than $5,915,000 of such

funds shall be available for use in fiscal year 1991".

-End-

-CITE-

31 USC Sec. 783 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE I - GENERAL

CHAPTER 7 - GENERAL ACCOUNTING OFFICE

SUBCHAPTER VI - PROPERTY MANAGEMENT

-HEAD-

Sec. 783. Rules and regulations

-STATUTE-

(a) The Comptroller General is authorized to make all needful

rules and regulations for the Government of the General Accounting

Office Building, and to annex to such rules and regulations such

reasonable penalties, within the limits prescribed in subsection

(b), as will ensure their enforcement. Such rules and regulations

shall be posted and kept posted in a conspicuous place on such

Federal property.

(b) Whoever shall violate any rule or regulation promulgated

pursuant to subsection (a) shall be fined not more than $500 or

imprisoned not more than 6 months, or both.

-SOURCE-

(Added Pub. L. 100-545, Sec. 1, Oct. 28, 1988, 102 Stat. 2728.)

-End-