§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.
(h) Notwithstanding the provisions of subchapter I of chapter 35 of title 5, United States Code, the Comptroller General shall prescribe regulations for the release of officers and employees of the General Accounting Office in a reduction in force which give due effect to tenure of employment, military preference, performance and/or contributions to the agency's goals and objectives, and length of service. The regulations shall, to the extent deemed feasible by the Comptroller General, be designed to minimize disruption to the Office and to assist in promoting the efficiency of the Office.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 732(a) | 31:52–2(a). | Feb. 15, 1980,
|
| 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). |
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
1995-Subsec. (h).
1990-Subsec. (b)(6).
1988-Subsec. (c)(3).
Subsec. (c)(4).
1984-Subsec. (c)(4).
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
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
Section Referred to in Other Sections
This section is referred to in sections 733, 751, 752, 753, 755 of this title.