USC Subchapter IV

in effect

31 U.S.C. § 751 Organization

(a) The Government Accountability Office has a General Accounting Office Personnel Appeals Board.11 See Change of Name note below. 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,; 22 So in original. The comma probably should not appear. (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.

31 U.S.C. § 752 Chairman and General Counsel

(a) The General Accounting Office Personnel Appeals Board 11 See Change of Name note below. 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 Government Accountability 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.

31 U.S.C. § 753 Duties and powers

(a) The General Accounting Office Personnel Appeals Board 11 See Change of Name note below. 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) 22 See References in Text note below. 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.

31 U.S.C. § 754 Action by the Comptroller General

When the Comptroller General has authority, the Comptroller General promptly shall carry out action the General Accounting Office Personnel Appeals Board 11 See Change of Name note below. orders under section 753 of this title.

31 U.S.C. § 755 Judicial review

(a) A final decision under section 753(a)(1)–(3), (6),,11 So in original. Second comma probably should follow “(7)”. (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) 22 See References in Text note below. 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.