Personnel management system
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 Government Accountability Office because of comments on a proposed regulation about the system.
The personnel management system shall—
include the principles of section 2301(b) of title 5;
prohibit personnel practices prohibited under section 2302(b) of title 5;
prohibit political activities prohibited under subchapter III of chapter 73 of title 5;
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;
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
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, except as provided under subsection (c)(3) of this section and section 733(a)(3)(B) of this title.
Under the personnel management system—
the Comptroller General shall publish a schedule of basic pay rates for officers and employees of the Office;
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 rate for level III of the Executive Level, except that the total amount of cash compensation in any year shall be subject to the limitations provided under section 5307(a)(1) of title 5;
except as provided under section 733(a)(3)(B) of this title, basic rates of officers and employees of the Office shall be adjusted annually to such extent as determined by the Comptroller General, and in making that determination the Comptroller General shall consider—
the principle that equal pay should be provided for work of equal value within each local pay area;
the need to protect the purchasing power of officers and employees of the Office, taking into consideration the Consumer Price Index or other appropriate indices;
any existing pay disparities between officers and employees of the Office and non-Federal employees in each local pay area;
the pay rates for the same levels of work for officers and employees of the Office and non-Federal employees in each local pay area;
the appropriate distribution of agency funds between annual adjustments under this section and performance-based compensation; and
such other criteria as the Comptroller General considers appropriate, including, but not limited to, the funding level for the Office, amounts allocated for performance-based compensation, and the extent to which the Office is succeeding in fulfilling its mission and accomplishing its strategic plan;
notwithstanding any other provision of this paragraph, an adjustment under this paragraph shall not be applied in the case of any officer or employee whose performance is not at a satisfactory level, as determined by the Comptroller General for purposes of such adjustment;
the pay schedule for officers and employees of the Office may provide that the basic pay rates for not more than 129 positions (including senior-level positions under section 732a of this title) 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 1
the Comptroller General shall prescribe regulations under which an officer or employee of the Office shall be entitled to pay retention if, as a result of any reduction-in-force or other workforce adjustment procedure, position reclassification, or other appropriate circumstances as determined by the Comptroller General, such officer or employee is placed in or holds a position in a lower grade or band with a maximum rate of basic pay that is less than the rate of basic pay payable to the officer or employee immediately before the reduction in grade or band; such regulations—
shall provide that the officer or employee shall be entitled to continue receiving the rate of basic pay that was payable to the officer or employee immediately before the reduction in grade or band until such time as the retained rate becomes less than the maximum rate for the grade or band of the position held by such officer or employee; and
shall include provisions relating to the minimum period of time for which an officer or employee must have served or for which the position must have been classified at the higher grade or band in order for pay retention to apply, the events that terminate the right to pay retention (apart from the one described in subparagraph (A)), and exclusions based on the nature of an appointment; in prescribing regulations under this subparagraph, the Comptroller General shall be guided by the provisions of sections 5362 and 5363 of title 5.
The personnel management system shall provide—
for a system to appraise the performance of officers and employees of the General Accounting Office 2
a link between the performance management system and the agency’s strategic plan;
adequate training and retraining for supervisors, managers, and employees in the implementation and operation of the performance management system;
a process for ensuring ongoing performance feedback and dialogue between supervisors, managers, and employees throughout the appraisal period and setting timetables for review;
effective transparency and accountability measures to ensure that the management of the system is fair, credible, and equitable, including appropriate independent reasonableness, reviews, internal assessments, and employee surveys; and
a means to ensure that adequate agency resources are allocated for the design, implementation, and administration of the performance management system;
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;
for a reduction in grade or removal of an officer or employee because of unacceptable performance consistent with section 4303 of title 5;
for other personnel actions consistent with chapter 75 of title 5; and
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.
The personnel management system shall provide—
a procedure that ensures that each officer and employee of the Government Accountability Office may form, join, or assist, or not form, join, or assist, an employee organization freely and without fear of penalty or reprisal; and
for a labor-management relations program consistent with chapter 71 of title 5.
The personnel management system shall—
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
include a minority recruitment program consistent with section 7201 of title 5.
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 Government Accountability Office—
the General Accounting Office Personnel Appeals Board 1 has the same authority over oversight and appeals matters as an executive agency has over oversight and appeals matters; and
the Comptroller General has the same authority over matters (except oversight and appeals) as an executive agency has over matters (except oversight and appeals).
This section does not affect a lawful effort to achieve equal employment opportunity through affirmative action.
An officer or employee of the Government Accountability 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.
Notwithstanding any other provision of law, the Comptroller General shall prescribe regulations, consistent with regulations issued by the Office of Personnel Management under authority of section 3502(a) of title 5 for the separation of employees of the Government Accountability Office during a reduction in force or other adjustment in force.
The regulations must give effect to the following factors in descending order of priority—
tenure of employment;
military preference subject to section 3501(a)(3) of title 5;
veterans’ preference under sections 3502(b) and 3502(c) of title 5;
performance ratings;
length of service computed in accordance with the second sentence of section 3502(a) of title 5; and
other objective factors such as skills and knowledge that the Comptroller General considers necessary and appropriate to realign the agency’s workforce in order to meet current and future mission needs, to correct skill imbalances, or to reduce high-grade, managerial, or supervisory positions.
Notwithstanding subparagraph (B), the regulations relating to removal from the General Accounting Office Senior Executive Service 1 in a reduction in force or other adjustment in force shall be consistent with section 3595(a) of title 5.
The regulations shall provide a right of appeal to the General Accounting Office Personnel Appeals Board 1 regarding a personnel action under the regulations, consistent with section 753 of this title.
The regulations shall provide that final decision by the General Accounting Office Personnel Appeals Board 1 may be reviewed by the United States Court of Appeals for the Federal Circuit consistent with section 755 of this title.
Except as provided in subparagraph (B), an employee may not be released, due to a reduction in force, unless such employee is given written notice at least 60 days before such employee is so released. Such notice shall include—
the personnel action to be taken with respect to the employee involved;
the effective date of the action;
a description of the procedures applicable in identifying employees for release;
the employee’s ranking relative to other competing employees, and how that ranking was determined; and
a description of any appeal or other rights which may be available.
The Comptroller General may, in writing, shorten the period of advance notice required under subparagraph (A) with respect to a particular reduction in force, if necessary because of circumstances not reasonably foreseeable, except that such period may not be less than 30 days.
The regulations under subsection (h) shall include provisions under which, at the discretion of the Comptroller General, the opportunity to separate voluntarily (in order to permit the retention of an individual occupying a similar position) shall, with respect to the Government Accountability Office, be available to the same extent and in the same manner as described in subsection (f)(1)–(4) of section 3502 of title 5 (with respect to the Department of Defense or a military department).
For purposes of this subsection—
the term “pay increase”, as used with respect to an officer or employee in connection with a year, means the total increase in the rate of basic pay (expressed as a percentage) of such officer or employee, taking effect under section 731(b) and subsection (c)(3) in such year;
the term “required minimum percentage”, as used with respect to an officer or employee in connection with a year, means the percentage equal to the total increase in rates of basic pay (expressed as a percentage) taking effect under sections 5303 and 5304–5304a of title 5 in such year with respect to General Schedule positions within the pay locality (as defined by section 5302(5) of title 5) in which the position of such officer or employee is located;
the term “covered officer or employee”, as used with respect to a pay increase, means any individual—
who is an officer or employee of the Government Accountability Office, other than an officer or employee described in subparagraph (A), (B), or (C) of section 4(c)(1) of the Government Accountability Office Act of 2008, determined as of the effective date of such pay increase; and
whose performance is at least at a satisfactory level, as determined by the Comptroller General under the provisions of subsection (c)(3) for purposes of the adjustment taking effect under such provisions in such year; and
the term “nonpermanent merit pay” means any amount payable under section 731(b) which does not constitute basic pay.
Notwithstanding any other provision of this chapter, if (disregarding this subsection) the pay increase that would otherwise take effect with respect to a covered officer or employee in a year would be less than the required minimum percentage for such officer or employee in such year, the Comptroller General shall provide for a further increase in the rate of basic pay of such officer or employee.
The further increase under this subsection—
shall be equal to the amount necessary to make up for the shortfall described in subparagraph (A); and
shall take effect as of the same date as the pay increase otherwise taking effect in such year.
Nothing in this paragraph shall be considered to permit or require that a rate of basic pay be increased to an amount inconsistent with the limitation set forth in subsection (c)(2).
If (disregarding this subsection) the covered officer or employee would also have received any nonpermanent merit pay in such year, such nonpermanent merit pay shall be decreased by an amount equal to the portion of such officer’s or employee’s basic pay for such year which is attributable to the further increase described in subparagraph (A) (as determined by the Comptroller General), but to not less than zero.
Notwithstanding any other provision of this chapter, the effective date of any pay increase (within the meaning of paragraph (1)(A)) taking effect with respect to a covered officer or employee in any year shall be the same as the effective date of any adjustment taking effect under section 5303 of title 5 with respect to statutory pay systems (as defined by section 5302(1) of title 5) in such year.
Source
(Pub. L. 97–258,Notes
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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, §§ 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). |
References in Text
Amendments
Change of Name
Effective Date of 2008 Amendment
Effective Date of 2004 Amendment
Effective Date of 2000 Amendment; Savings Provision
Effective date.—
Subject to paragraph (3), the amendment made by paragraph (1) [amending this section] shall apply with respect to all reduction-in-force actions taking effect on or after—
the 180th day following the date of the enactment of this Act [
if earlier, the date the Comptroller General issues the regulations required under such amendment.
Savings provisions.—
If, before the effective date determined under paragraph (2), specific notice of a reduction-in-force action is given to an individual in accordance with section 1 of chapter 5 of GAO Order 2351.1 (dated
Effective Date of 1990 Amendment
Effective Date of 1984 Amendment
Pay Adjustment Relating to Certain Previous Years
Applicability.—
This section applies in the case of any individual who, as of the date of the enactment of this Act [
an officer or employee described in subparagraph (A), (B), or (C) of section 4(c)(1) [set out as a note below]; and
an officer or employee who received both a 2.6 percent pay increase in January 2006 and a 2.4 percent pay increase in February 2007.
Pay Increase Defined.—
For purposes of this section, the term ‘pay increase’, as used with respect to an officer or employee in connection with a year, means the total increase in the rate of basic pay (expressed as a percentage) of such officer or employee, taking effect under sections 731(b) and 732(c)(3) of title 31, United States Code, in such year.
Prospective Effect.—
Effective with respect to pay for service performed in any pay period beginning after the end of the 6-month period beginning on the date of the enactment of this Act (or such earlier date as the Comptroller General may specify), the rate of basic pay for each individual to whom this section applies shall be determined as if such individual had received both a 2.6 percent pay increase for 2006 and a 2.4 percent pay increase for 2007, subject to subsection (e).
Lump-Sum Payment.—
Not later than 6 months after the date of the enactment of this Act, the Comptroller General shall, subject to the availability of appropriations, pay to each individual to whom this section applies a lump-sum payment. Subject to subsection (e), such lump-sum payment shall be equal to—
the total amount of basic pay that would have been paid to the individual, for service performed during the period beginning on the effective date of the pay increase for 2006 and ending on the day before the effective date of the pay adjustment under subsection (c) (or, if earlier, the date on which the individual retires or otherwise ceases to be employed by the Government Accountability Office), if such individual had received both a 2.6 percent pay increase for 2006 and a 2.4 percent pay increase for 2007, minus
the total amount of basic pay that was in fact paid to the individual for service performed during the period described in subparagraph (A); and
increased by 4 percent of the amount calculated under paragraph (1).
Eligibility for a lump-sum payment under this subsection shall be determined solely on the basis of whether an individual satisfies the requirements of subsection (a) (to be considered an individual to whom this section applies), and without regard to such individual’s employment status as of any date following the date of the enactment of this Act or any other factor.
Conditions.—
Nothing in subsection (c) or (d) shall be considered to permit or require—
the payment of any rate (or portion of the lump-sum amount as calculated under subsection (d)(1) based on a rate) for any pay period, to the extent that such rate would be (or would have been) inconsistent with the limitation that applies (or that applied) with respect to such pay period under section 732(c)(2) of title 31, United States Code; or
the payment of any rate or amount based on the pay increase for 2006 or 2007 (as the case may be), if—
the performance of the officer or employee involved was not at a satisfactory level, as determined by the Comptroller General under paragraph (3) of section 732(c) of such title 31 for purposes of the adjustment under such paragraph for that year; or
the individual involved was not an officer or employee of the Government Accountability Office on the date as of which that increase took effect.
As used in paragraph (2)(A), the term ‘satisfactory’ includes a rating of ‘meets expectations’ (within the meaning of the performance appraisal system used for purposes of the adjustment under section 732(c)(3) of such title 31 for the year involved).
Retirement.—
In general.—
The portion of the lump-sum payment paid under subsection (d) to an officer or employee as calculated under subsection (d)(1) shall, for purposes of any determination of the average pay (as defined by section 8331 or 8401 of title 5, United States Code) which is used to compute an annuity under subchapter III of chapter 83 or chapter 84 of such title—
be treated as basic pay (as defined by section 8331 or 8401 of such title); and
be allocated to the biweekly pay periods covered by subsection (d).
Contributions to civil service retirement and disability retirement fund.—
Employee contributions.—
The Government Accountability Office shall deduct and withhold from the lump-sum payment paid to each employee under subsection (d) an amount equal to the difference between—
employee contributions that would have been deducted and withheld from pay under section 8334 or 8422 of title 5, United States Code, if the portion of the lump-sum payment as calculated under subsection (d)(1) had been additionally paid as basic pay during the period described under subsection (d)(1) of this section; and
employee contributions that were actually deducted and withheld from pay under section 8334 or 8422 of title 5, United States Code, during that period.
Agency contributions and payment to the fund.—
Not later than 9 months after the Government Accountability Office makes the lump-sum payments under subsection (d), the Government Accountability Office shall pay into the Civil Service Retirement and Disability Fund—
the amount of each deduction and withholding under subparagraph (A); and
an amount for applicable agency contributions under section 8334 or 8423 of title 5, United states Code, based on payments made under clause (i).
Exclusive Remedy.—
This section constitutes the exclusive remedy that any individuals to whom this section applies (as described in subsection (a)) have for any claim that they are owed any monies denied to them in the form of a pay increase for 2006 or 2007 under section 732(c)(3) of title 31, United States Code, or any other law. Notwithstanding any other provision of law, no court or administrative body, including the Government Accountability Office Personnel Appeals Board, shall have jurisdiction to entertain any civil action or other civil proceeding based on the claim of such individuals that they were due money in the form of a pay increase for 2006 or 2007 pursuant to such section 732(c)(3) or any other law.”
Lump-Sum Payment for Certain Performance-Based Compensation
In General.—
Not later than 6 months after the date of the enactment of this Act [
Amount.—
The amount payable to a qualified individual under this section shall be equal to—
the total amount of performance-based compensation such individual would have earned for 2006 (determined by applying the Government Accountability Office’s performance-based compensation system under GAO Orders 2540.3 and 2540.4, as in effect in 2006) if such individual had not had a salary equal to or greater than the maximum for such individual’s band (as further described in subsection (c)(2)), less
the total amount of performance-based compensation such individual was in fact granted, in January 2006, for that year.
Qualified Individual.—
For purposes of this section, the term ‘qualified individual’ means an individual who—
as of the date of the enactment of this Act, is an officer or employee of the Government Accountability Office, excluding—
an individual holding a position subject to section 732a or 733 of title 31, United States Code (disregarding section 732a(b) and 733(c) of such title);
a Federal Wage System employee; and
an individual participating in a development program under which such individual receives performance appraisals, and is eligible to receive permanent merit pay increases, more than once a year; and
as of
Exclusive Remedy.—
This section constitutes the exclusive remedy that any officers and employees (as described in subsection (c)) have for any claim that they are owed any monies denied to them in the form of merit pay for 2006 under section 731(b) of title 31, United States Code, or any other law. Notwithstanding any other provision of law, no court or administrative body in the United States, including the Government Accountability Office Personnel Appeals Board, shall have jurisdiction to entertain any civil action or other civil proceeding based on the claim of such officers or employees that they were due money in the form of merit pay for 2006 pursuant to such section 731(b) or any other law.
Definitions.—
For purposes of this section—
the term ‘performance-based compensation’ has the meaning given such term under the Government Accountability Office’s performance-based compensation system under GAO Orders 2540.3 and 2540.4, as in effect in 2006; and
the term ‘permanent merit pay increase’ means an increase under section 731(b) of title 31, United States Code, in a rate of basic pay.”