From the U.S. Code Online via GPO Access
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[Laws in effect as of January 1, 1994]
[CITE: 31USC732]
TITLE 31--MONEY AND FINANCE
SUBTITLE I--GENERAL
CHAPTER 7--GENERAL ACCOUNTING OFFICE
SUBCHAPTER III--PERSONNEL
Sec. 732. Personnel management system
(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
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
(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.
(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.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
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)(1), (2)....................... 31:52-2(g).
732(f)(3)............................ 31:52-2(b)(2).
732(g)............................... 31:52-5(a).
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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.
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.
Amendments
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 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.
Section Referred to in Other Sections
This section is referred to in sections 733, 751, 752, 753, 755 of
this title.