Title 31 — Money and Finance

Chapter 7 — Government Accountability Office

§ 733. Senior Executive Service

Statutory text

The Comptroller General may establish a General Accounting Office Senior Executive Service 1 —

meeting the requirements of section 3131 of title 5;

providing requirements for positions consistent with section 3132(a)(2) of title 5;

providing rates of basic pay—

not more than the maximum rate or less than the minimum rate for the Senior Executive Service under section 5382 of title 5; and

adjusted annually by the Comptroller General after taking into consideration the factors listed under section 732(c)(3) of this title, except that an adjustment under this subparagraph 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;

providing a performance appraisal system consistent with subchapter II of chapter 43 of title 5;

allowing the Comptroller General to award ranks to officers and employees in the Office Senior Executive Service consistent with section 4507 of title 5;

providing for removal consistent with section 3592 of title 5, and for removal or suspension consistent with section 7543 of title 5;

allowing the Comptroller General to reassign an officer or employee in the Office Senior Executive Service to any senior-level position established under section 732a of this title, as the Comptroller General determines necessary and appropriate; and

allowing the Comptroller General to pay performance awards to officers and employees of the Office Senior Executive Service consistent with section 5384 of title 5.

Except as provided in subsection (a), the Comptroller General may apply any part of title 5 that applies to an applicant for or officer or employee in the Senior Executive Service under title 5 to the Office Senior Executive Service.

The Office Senior Executive Service may include positions referred to in section 731(c), (e)(1), or (e)(2) of this title.

Section 732(b)(6), (c), (d)(1)–(4), and (e) of this title does not apply to the Office Senior Executive Service.

Footnotes

1 See Change of Name note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1982
Pub. L. 97–258 · 96 Stat. 899
Enacted · 31 U.S.C. § 733
Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 899
Source evidence
Code source credit
Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 899
1984
Pub. L. 98–326 § 1(c) · 98 Stat. 269
Inserted · 31 U.S.C. § 733(c)
Pub. L. 98–326 inserted “(e)(1),” after “(d),”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 98–326 inserted “(e)(1),” after “(d),”.
Enacted provision · exact public law section
(1) by striking out “title 5,” and inserting in lieu thereof “title 5 at rates not in excess of the maximum daily rate for GS-18 under section 5332 of such title,”; and
2000
Pub. L. 106–303 § 4(b) · 114 Stat. 1063
1. Added · 31 U.S.C. § 733(a)(7); 31 U.S.C. § 733(a)(8)
  Pub. L. 106–303 added par. (7)
2. Redesignated · 31 U.S.C. § 733(a)(7); 31 U.S.C. § 733(a)(8)
  Pub. L. 106–303 redesignated former par. (7) as (8)
Source evidence
Code amendment note
Subsec. (a)(7), (8). Pub. L. 106–303 added par. (7) and redesignated former par. (7) as (8).
Enacted provision · exact public law section
(b) Reassignment to Senior-Level Positions.— Section 733(a) of title 31, United States Code, is amended— (1) by striking “and” at the end of paragraph (6); (2) by redesignating paragraph (7) as paragraph (8); and (3) by inserting after paragraph (6) the following: “(7) allowing the Comptroller General to reassign an officer or employee in the Office Senior Executive Service to any senior-level position established under section 732a of this title, as the Comptroller General determines necessary and appropriate; and”.
2004
GAO Human Capital Reform Act of 2004
Pub. L. 108–271 § 3(b) · 118 Stat. 811
Amended · 31 U.S.C. § 733(a)(3)(B)
Pub. L. 108–271 amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “adjusted at the same time and to the same extent as rates in the Senior Executive Service under section 5382 of title 5 are adjusted;”
Source evidence
Code amendment note
Subsec. (a)(3)(B). Pub. L. 108–271 amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “adjusted at the same time and to the same extent as rates in the Senior Executive Service under section 5382 of title 5 are adjusted;”.
Enacted provision · exact public law section
(b) Officers and Employees in the Office Senior Executive Service.— Subparagraph (B) of section 733(a)(3) is amended to read as follows: “(B) adjusted annually by the Comptroller General after taking into consideration the factors listed under section 732(c)(3) of this title, except that an adjustment under this subparagraph 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;” .
Effective date note
Amendment by section 3 of Pub. L. 108–271 effective Oct. 1, 2005, and applicable in the case of any annual pay adjustment taking effect on or after Oct. 1, 2005, subject to authority of Comptroller General to change pay adjustments or delay the effective date for certain groups of officers and employees, see section 13 of Pub. L. 108–271, set out as a note under section 731 of this title.
2008
Government Accountability Office Act of 2008
Pub. L. 110–323 § 9(b)(2) · 122 Stat. 3539
Struck · 31 U.S.C. § 733(c)
Pub. L. 110–323 struck out “(d),” after “731(c),”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 110–323 struck out “(d),” after “731(c),”.
Enacted provision · exact public law section
(2) Section 733(c) is amended by striking “(d),”.

5 of 6 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
733(a)	31:52–4(a)(1).	Feb. 15, 1980, Pub. L. 96–191, § 5(a), 94 Stat. 31.
733(b)	31:52–4(a)(2).
733(c)	31:52–4(a)(4).
733(d)	31:52–4(a)(3).

In subsection (a), before clause (1), the words “promulgate regulations” are omitted as surplus. The words “(hereinafter referred to as the GAO Senior Executive Service)” are omitted because of the restatement. In clause (1), the words “for the Senior Executive Service” are omitted as surplus. In clause (2), the words “in the GAO Senior Executive Service . . . which are” are omitted as surplus. In clause (3), before subclause (A), the words “for the GAO Senior Executive Service” are omitted as surplus. In subclause (A), the word “established” is omitted as surplus. In clause (4), the words “for the GAO Senior Executive Service” are omitted as surplus. In clauses (5) and (7), the words “officers and employees” are substituted for “members” for consistency in the revised title and with other titles of the United States Code. In clause (5), the words “the provisions applicable to the Office of Personnel Management and the President under” are omitted as surplus. In clause (7), the words “the provisions applicable to performance awards under” are omitted as surplus.

In subsection (b), the words “officer or employee” are substituted for “member” for consistency in the revised title and with other titles of the Code.

In subsection (d), the words “Employees in . . . the personnel system established under” are omitted as surplus.

Editorial Notes

Amendments1984–2008 · 4 rounds

2008

Subsec. (c). Pub. L. 110–323 struck out “(d),” after “731(c),”.

2004

Subsec. (a)(3)(B). Pub. L. 108–271 amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “adjusted at the same time and to the same extent as rates in the Senior Executive Service under section 5382 of title 5 are adjusted;”.

2000

Subsec. (a)(7), (8). Pub. L. 106–303 added par. (7) and redesignated former par. (7) as (8).

1984

Subsec. (c). Pub. L. 98–326 inserted “(e)(1),” after “(d),”.

Statutory Notes and Related Subsidiaries

Change of Name

General Accounting Office redesignated Government Accountability Office. See section 8 of Pub. L. 108–271, set out as a note under section 702 of this title.

Effective Date of 2004 Amendment

Amendment by section 3 of Pub. L. 108–271 effective Oct. 1, 2005, and applicable in the case of any annual pay adjustment taking effect on or after Oct. 1, 2005, subject to authority of Comptroller General to change pay adjustments or delay the effective date for certain groups of officers and employees, see section 13 of Pub. L. 108–271, set out as a note under section 731 of this title.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–326 effective Oct. 1, 1984, see section 2 of Pub. L. 98–326, set out as a note under section 731 of this title.

Credits

1982–2008 · 5 acts

1982Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 899
1984Pub. L. 98–326, § 1(c), June 22, 1984, 98 Stat. 269
2000Pub. L. 106–303, § 4(b), Oct. 13, 2000, 114 Stat. 1069
2004Pub. L. 108–271, § 3(b), July 7, 2004, 118 Stat. 812
2008Pub. L. 110–323, § 9(b)(2), Sept. 22, 2008, 122 Stat. 3548.

Show as published

(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 899; Pub. L. 98–326, § 1(c), June 22, 1984, 98 Stat. 269; Pub. L. 106–303, § 4(b), Oct. 13, 2000, 114 Stat. 1069; Pub. L. 108–271, § 3(b), July 7, 2004, 118 Stat. 812; Pub. L. 110–323, § 9(b)(2), Sept. 22, 2008, 122 Stat. 3548.)