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31 U.S.C. § 751 — Organization

submitted 44 years ago by Pub. L. 97-258 to r/title-31-MONEY-AND-FINANCE · 647 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Government Accountability Office has a five-member General Accounting Office Personnel Appeals Board. This section sets eligibility, appointment consultation, terms, removal, pay, and travel rules.

(a) The Government Accountability Office has a General Accounting Office Personnel Appeals Board. The Board has five members appointed by the Comptroller General. A person may be appointed only if the person: (1) is not a current or former officer or employee of the Office, the Architect of the Capitol, the Botanic Garden, or the Senate Restaurants; (2) has the ability, background, training, and experience needed to be specially qualified to serve on the Board; and (3) shows the ability and willingness to spend enough time to decide cases promptly. (b) The Comptroller General may appoint members only after: (1) considering candidates recommended, at the time and in the manner the Comptroller requires, by organizations mainly made up of people experienced in deciding or arbitrating personnel matters; and (2) consulting organizations representing Office employees and any member designated by the chair of each congressional committee with legislative jurisdiction over the personnel-management system maintained under section 732. (c)(1) Unless paragraph (2) applies, a member serves five years and may not be reappointed. A person filling a vacancy before a term ends serves the rest of that term. If less than one year remains, the Comptroller may appoint the person to a five-year term plus the unexpired part. After a term ends, the member may continue until a successor takes office or six months after expiration, whichever comes first. (2)(A) For members serving when the General Accounting Office Personnel Amendments Act of 1988 was enacted: (i) of the two appointed in 1985, one serves five years and the other six; (ii) of the two appointed in 1986, one serves six years and the other seven; and (iii) the member appointed in 1987 serves seven years. (B) Within 60 days after the date in (A), the Comptroller must decide which 1985 member gets five years and which gets six, and which 1986 member gets six and which gets seven. (C) A term under this paragraph is measured from the original appointment date, or, for someone serving the unexpired part of a term, from the appointment date of the person originally appointed for that term. (d) A majority of the Board, excluding the member being removed, may remove a member only for inefficiency, neglect of duty, or malfeasance in office. The member must receive notice and a chance for a Board hearing unless the member waives that chance in writing. (e) While performing Board duties, including travel, a member who is not a United States Government officer or employee receives basic pay at the daily GS–18 rate. Each member receives travel expenses and per diem under section 5703 of title 5. Footnote numbers and punctuation artifacts in the supplied text are ignored.

the actual law source: uscode.house.gov ↗public domain
(a)

The Government Accountability Office has a General Accounting Office Personnel Appeals Board.1 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,; 2

(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 credit: (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 900; Pub. L. 100–426, title I, §§ 101, 102(b), Sept. 9, 1988, 102 Stat. 1598, 1599; Pub. L. 103–283, title III, § 312(e)(4)(A), July 22, 1994, 108 Stat. 1446; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)

history & why it existsrecord from the source credit
  • 1982Enacted · Pub. L. 97-258 · 96 Stat. 900
  • 1988Amended · Pub. L. 100-426 · 102 Stat. 1598, 1599
  • 1994Amended · Pub. L. 103-283 · 108 Stat. 1446
  • 2004Amended · Pub. L. 108-271 · 118 Stat. 814

A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-258 on 1982-09-13.

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