Legislación
US (United States) Code. Title 31. Subtitle I: General. Chapter 17: General Accounting Office
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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-
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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-
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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
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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.
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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-
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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
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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).
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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-
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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
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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.
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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
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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. 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
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704(a) 31:46(1st sentence). June 10, 1921, ch. 18, Sec.
306, 42 Stat. 24.
704(b) 31:46(last
sentence).
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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-
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31 USC SUBCHAPTER II - GENERAL DUTIES AND POWERS 01/06/03
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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-
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31 USC Sec. 711 01/06/03
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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
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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.
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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-
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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
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