
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 31USC751]

 
                       TITLE 31--MONEY AND FINANCE
 
                           SUBTITLE I--GENERAL
 
                  CHAPTER 7--GENERAL ACCOUNTING OFFICE
 
                 SUBCHAPTER IV--PERSONNEL APPEALS BOARD
 
Sec. 751. Organization

    (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\
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    \1\ So in original. The comma probably should not appear.
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        (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.

(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.)

                                          Historical and Revision Notes
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---------------------------------
           Revised Section                   Source (U.S. Code)                
Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
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).
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---------------------------------

    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.

                       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.


                               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 section 166b-7 of Title 40, 
Public Buildings, Property, and Works] (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.
