§731. General

(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 not more than 3 years; 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 V of the Executive Schedule.

( Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 896 ; Pub. L. 98–326, §1(a), June 22, 1984, 98 Stat. 269 ; Pub. L. 98–615, title II, §204(b), Nov. 8, 1984, 98 Stat. 3216 ; Pub. L. 103–89, §3(b)(4), Sept. 30, 1993, 107 Stat. 983 .)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
731(a)	31:44(1st sentence).	June 10, 1921, ch. 18, §304(1st par. 1st sentence), 42 Stat. 24 .
	31:52(a), (b).	June 10, 1921, ch. 18, §311(a), (b), 42 Stat. 25 ; restated Feb. 15, 1980, Pub. L. 96–191, §8(e)(3), 94 Stat. 33 .
	31:52–1(related to appointment, pay, and assignment).	Feb. 15, 1980, Pub. L. 96–191, §§2(related to appointment, pay, and assignment), 5(b), 94 Stat. 27 , 32.
	31:56.	Mar. 4, 1909, ch. 297, §1(proviso on p. 866), 35 Stat 866; May 29, 1920, ch. 214, §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, §203(c)(5th–14th words), 78 Stat. 415 ; Dec. 16, 1967, Pub. L. 90–206, §219(2), 81 Stat. 639 ; restated Aug. 9, 1975, Pub. L. 94–82, §204(b), 89 Stat. 421 .
731(d)	31:52b.	Aug. 14, 1964, Pub. L. 88–426, 78 Stat. 400 , §203(i); added Dec. 15, 1971, Pub. L. 92–190, 85 Stat. 646 .
731(e)	31:52c.	Jan. 2, 1975, Pub. L. 93–604, §401, 88 Stat. 1962 .
	31:1154(d)(last sentence).	Oct. 26, 1970, Pub. L. 91–510, §204(d)(last sentence), 84 Stat. 1168 ; restated July 12, 1974, Pub. L. 93–344, §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.

References in Text

Section 5401 of title 5, referred to in subsec. (b), was repealed by Pub. L. 103–89, §3(a)(1), Sept. 30, 1993, 107 Stat. 981 .

Amendments

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, §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 719, 733, 735 of this title; title 2 section 356.