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 PUBLIC LAW 97-257—SEPT. 10, 1982

96 STAT. 873

SMITHSONIAN INSTITUTION

"Salaries and expenses", $2,700,000; "Salaries and expenses, Woodrow Wilson International Center for Scholars", $25,000; UNITED STATES TAX COURT

"Salaries and expenses", $381,000. TITLE III GENERAL PROVISIONS SEC. 301. No part of any appropriation contained in this Act shall Restriction. remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 302. Except where specifically increased or decreased elsewhere in this Act, the restrictions contained within appropriations, or provisions affecting appropriations or other funds, available during the fiscal year 1982, limiting the amount which may be expended for personal services, or for purposes involving personal services, or amounts which may be transferred between appropriations or authorizations available for or involving such services, are hereby increased to the extent necessary to meet increased pay costs authorized by or pursuant to law. SEC. 303. Notwithstanding any other provision of law, funds provided to the Department of Energy by this Act or any other Act for any fiscal year shall be used to maintain not less than the number of full-time permanent Federal employees specified herein for each of the following offices, agencies, or categories of activity: (1) the Office of the Assistant Secretary for Conservation and Renewables, 352 employees, of which not less than 154 employees shall be assigned to conservation research and development activities, and not less than 180 employees shall be assigned to State and local conservation activities; (2) the Office of the Assistant Secretary for Fossil Energy, 754 employees, of which not less than 150 employees shall be assigned to activities of the headquarters organization, not less than 280 employees shall be assigned to the Pittsburgh Energy Technology Center, and not less than 250 employees shall be assigned to the Morgantown Energy Technology Center; (3) the Economic Regulatory Administration, 450 employees, of which not less than 40 employees shall be assigned to the Office of Fuels Conversion; and (4) the Energy Information Administration, 490 employees: Provided, That, notwithstanding any other provision of law, in any case in which the President proposes to rescind, reserve, or defer funds which are available to maintain the Federal personnel levels required by this section, the President shall continue to obligate such funds in order to maintain such levels until a period of 45 days of continuous session of Congress has expired after the President has transmitted to the Congress a special message with respect to such rescission, reservation, or deferral under section 1012 or 1013 of the Impoundment Control Act of 1974, as the case may be: Provided 31 USC 1402, further, That if, within such 45-day period, the Congress passes a l^^^rescission bill with respect to any such rescission or reservation or fails to pass an impoundment resolution with respect to any such reservation, the President may withhold from obligation the funds

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 96 STAT. 874

Ante, p. 191.

20 USC 1401 note. 20 USC 1411.

20 USC 1232.

Restriction. Report to Congress.

PUBLIC LAW 97-257—SEPT. 10, 1982 for which such special message was transmitted with respect to such rescission, reservation, or deferral: Provided further, That nothing in the foregoing provisions shall permit the transfer of funding or full-time permanent positions provided for programs and activities funded in Energy and Water Development Appropriation Acts to programs or activities funded in Interior and Related Agencies Appropriation Acts or vice versa. SEC. 304. Funds appropriated by chapter VII of the Urgent Supplemental Appropriations Act of 1982, Public Law 97-216, in the amount of $18,000,000 earmarked for use for flood control and related measures on the Cowlitz and Toutle Rivers shall be obligated or expended as expeditiously as practicable due to a declared state of emergency in the State of Washington as a result of a serious threat of catastrophic flooding. SEC. 305. (a) The Congress finds that— (1) since the enactment of Public Law 94-142, the Education for All Handicapped Children Act of 1975, amending part B of the Education of the Handicapped Act, significant numbers of handicapped youngsters have been successfully brought into the Nation's educational system; (2) part B of the Education of the Handicapped Act has been consistently upheld since its enactment and any attempt to weaken the rights of handicapped children or the rights of parents of handicapped children has been rejected by the Congress; (3) handicapped children have consistently demonstrated that they can and do take full advantage of the educational opportunities afforded to them; (4) the success of part B of the Education of the Handicapped Act in States where it is in effect can be attributed in large measure to the statutory and regulatory provisions assuring the rights and participation of parents in determining the education of their children; and (5) the Department of Education has on August 4, 1982 published proposed changes in the regulations implementing part B of the Education of the Handicapped Act designed to eliminate the assurances that the rights and participation of parents and handicapped school children be recognized. Qo) It is the sense of the Congress that— (1) the proposed final regulations implementing part B of the Education of the Handicapped Act should not become effective, and should not be transmitted to the Congress under paragraph (1) of section 431(d) of the General Education Provisions Act, until— (A) after the 97th Congress has returned from the recess which is scheduled to begin in October 1982, or (B) after the 98th Congress is convened, whichever first occurs; (2) the forty-five day period specified in such paragraph (1) should begin on the day that such regulations are transmitted to the Congress in accordance with clause (1) of this subsection; and (3) paragraph (2) (except the first sentence) of section 431(d) of such Act should not apply to such forty-five day period. SEC. 306. Effective upon enactment of this Act and for the remainder of fiscal year 1983, notwithstanding any other provision of law, no funds may be paid out of the Treasury of the United States or out

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 PUBLIC LAW 97-257—SEPT. 10, 1982

96 STAT. 875

of any fund of a Government corporation to any private individual or corporation in satisfaction of any assurance agreement or payment guarantee or other form of loan guarantee entered into by any agency or corporation of the United States Government with respect to loans made and credits extended to the Polish People's Republic, unless the Polish People's Republic has been declared to be in default of its debt to such individual or corporation or unless the President has provided a monthly written report to the Speaker of the House of Representatives and the President of the Senate explaining the manner in which the national interest of the United States has been served by any payments during the previous month under loan guarantee or credit assurance agreement with respect to loans made or credits extended to the Polish People's Republic in the absence of a declaration of default. SEC. 307. Notwithstanding any other provision of law, none of the funds made available by this or any other Act, heretofore or hereafter enacted, may be used to carry out section 103 and section 305(d)(3) of S. 1193 "An Act to authorize appropriations for fiscal ^^te, p. 273,294. years 1982 and 1983 for the Department of State, the International Communication Agency and the Board for International Broadcasting, and for other purposes", unless reprogrammed in accordance with the procedures established by the Committees on Appropriations of the House and Senate. This Act may be cited as the "Supplemental Appropriations Act, Short title. 1982". MELVIN PRICE

Speaker of the House of Representatives Pro Tempore STROM THURMOND

President of the Senate Pro Tempore IN THE HOUSE OF REPRESENTATIVES, U.S., September 9, 1982. The House of Representatives having proceeded to reconsider the bill (H.R. 6863) entitled "An Act making supplemental appropriations for the fiscal year ending September 30, 1982, and for other purposes", returned by the President of the United States with his objections, to the House of Representatives, in which it originated, it was Resolved, That the said bill pass, two-thirds of the House of Representatives agreeing to pass the same. EDMUND L. HENSHAW, J R.

Clerk.

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 96 STAT. 876

PUBLIC LAW 97-257—SEPT. 10, 1982 I certify that this Act originated in the House of Representatives. EDMUND L. HENSHAW, J R.

Clerk. By W. Raymond Colley Deputy Clerk. IN THE SENATE OF THE UNITED STATES September 10 (legislative day, September 8), 1982. The Senate having proceeded to reconsider the bill (H.R. 6863) entitled "An Act making supplemental appropriations for the fiscal year ending September 30, 1982, and for other purposes", returned by the President of the United States with his objections, to the House of Representatives, in which it originated, and passed by the House of Representatives on reconsideration of the same, it was Resolved, That the said bill pass, two-thirds of the Senators present having voted in the affirmative. WILLIAM F. HILDENBRAND

Secretary.

LEGISLATIVE HISTORY—H.R. 6863: HOUSE REPORTS: No. 97-673 (Comm. on Appropriations) and No. 97-747 (Comm. of V o n iPT*pnff*)

SENATE REPORT No. 97-516 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 128 (1982): July 29, considered and passed House. Aug. 5, 9-11, considered and passed Senate, amended. Aug. 18, House agreed to conference report; receded and concurred in certain Senate amendments, in others with amendments, and disagreed to certain Senate amendments. Aug. 20, Senate agreed to conference report; resolved amendments in disagreement. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 35 (1982): Aug. 28, Presidential veto message. CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 9, House overrode veto. Sept. 10, Senate overrode veto.

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 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT. 877

Public Law 97-258 97th Congress An Act To revise, codify, and enact without substantive change certain general and permanent laws, related to money and finance, as title 31, United States Code, '^oney and Finance".

Sept. 13, 1982 [H.R. 6128]

Be it enacted by the Senate and House of Representatives of the Money and United States of America in Congress assembled, TITLE 31, UNITED STATES CODE

1. Certain general and permanent laws of the United States, related to money and finance, are revised, codiHed, and enacted as title 31, United States Code, "Money and Finance", as follows: SECTION

TITLE 31—MONEY AND FINANCE SUBTITLE

I. II. in. IV. V. VI.

GENERAL THE BUDGET PROCESS FINANCIAL MANAGEMENT MONEY GENERAL ASSISTANCE ADMINISTRATION MISCELLANEOUS

Sec.

101 1101 3101 5101 6101 9101

SUBTITLE I^GENERAL CHAPTER

1. 3. 5. 7.

DEFINITIONS DEPARTMENT OF THE TREASURY OFFICE OF MANAGEMENT AND BUDGET GENERAL ACCOUNTING OFFICE

Sec.

101 301 501 701

CHAPTER 1—DEFINITIONS Sec. 101. Agency. 102. Executive agency. 103. United States.

§101. Agency In this title, "agency" means a department, agency, or instrumentality of the United States Government. § 102. Executive agency In this title, "executive agency" means a department, agency, or instrumentality in the executive branch of the United States Government. § 103. United States In this title, "United States", when used in a geographic sense, means the States of the United States and the District of Columbia.

Finance. Enactment as title 31, United States Code. 31 USC prec. 101 note.

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 96 STAT. 878

PUBLIC LAW 97-258—SEPT. 13, 1982 CHAPTER 3—DEPARTMENT OF THE TREASURY SUBCHAPTER I—ORGANIZATION Sec. 301. 302. 303. 304. 305. 306. 307. 308. 309.

Department of the Treasury. Treasury of the United States. Bureau of Engraving and Printing. Bureau of the Mint. Federal Financing Bank. Fiscal Service. Office of the Comptroller of the Currency. United States Customs Service. Continuing in office.

321. 322. 323. 324. 325. 326. 327. 328. 329. 330. 331.

SUBCHAPTER II—ADMINISTRATIVE General authority of the Secretary. Working capital fund. Investment of operating cash. Disposing and extending the maturity of obligations. International affairs authorization. Availability of appropriations for certain expenses. Advancements and reimbursements for services. Accounts and payments of former disbursing officials. Limitations on outside activities. Practice before the Department. Reports.

0

SUBCHAPTER I—ORGANIZATION §301. Department of the Treasury (a) The Department of the Treasury is an executive department of the United States Government at the seat of the Government. (b) The head of the Department is the Secretary of the Treasury. The Secretary is appointed by the President, by and with the advice and consent of the Senate. (c) The Department has a Deputy Secretary of the Treasury appointed by the President, by and with the advice and consent of the Senate. The Deputy Secretary shall carry out— (1) duties and powers prescribed by the Secretary; and (2) the duties and powers of the Secretary when the Secretary is absent or unable to serve or when the office of Secretary is vacant. (d) The Department has an Under Secretary, an Under Secretary for Monetary Affairs, 2 Deputy Under Secretaries, and a Treasurer of the United States, appointed by the President, by and with the advice and consent of the Senate. The Department also has a Fiscal Assistant Secretary appointed by the Secretary. They shall carry out duties and powers prescribed by the Secretary. When appointing the Under Secretary, the President may designate the Under Secretary as Counselor. When appointing each Deputy Under Secretary, the President may designate the Deputy Under Secretary as an Assistant Secretary. (e) The Department has 5 Assistant Secretaries appointed by the President, by and with the advice and consent of the Senate. The Assistant Secretaries shall carry out duties and powers prescribed by the Secretary. The Assistant Secretaries appointed under this subsection are in addition to the Assistant Secretaries appointed under subsection (d) of this section, (f)(1) The Department has a General Counsel appointed by the President, by and with the advice and consent of the Senate. The General Counsel is the chief law officer of the Department. Without

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 PUBLIC LAW 97-258—SEPT. 13, 1982 regard to those provisions of title 5 governing appointment in the competitive service, the Secretary may appoint not more than 5 Assistant General Counsels. The Secretary may designate one of the Assistant General Counsels to act as the General Counsel when the General Counsel is absent or unable to serve or when the office of General Counsel is vacant. The General Counsel and Assistant General Counsels shall carry out duties and powers prescribed by the Secretary. (2) The President may appoint, by and with the advice and consent of the Senate, an Assistant General Counsel who shall be the Chief Counsel for the Internal Revenue Service. The Chief Counsel is the chief law officer for the Service and shall carry out duties and powers prescribed by the Secretary. (g) The Department shall have a seal. § 302. Treasury of the United States The United States Government has a Treasury of the United States. The Treasury is in the Department of the Treasury. § 303. Bureau of Engraving and Printing (a) The Bureau of Engraving and Printing is a bureau in the Department of the Treasury. (b) The head of the Bureau is the Director of the Bureau of Engraving and Printing appointed by the Secretary of the Treasury. The Director— (1) shall carry out duties and powers prescribed by the Secretary; and (2) reports directly to the Secretary. § 304. Bureau of the Mint (a) The Bureau of the Mint is a bureau in the Department of the Treasury. (b)(1) The head of the Bureau is the Director of the Mint. The Director is appointed by the President, by and with the advice and consent of the Senate. The term of the Director is 5 years. The President may remove the Director from office. On removal, the President shall send a message to the Senate giving the reasons for removal. (2) The Director shall carry out duties and powers prescribed by the Secretary of the Treasury. § 305. Federal Financing Bank The Federal Financing Bank, established under section 4 of the Federal Financing Bank Act of 1973 (12 U.S.C. 2283), is subject to the direction and supervision of the Secretary of the Treasury. §306. Fiscal Service (a) The Fiscal Service is a service in the Department of the Treasury. (b) The head of the Fiscal Service is the Fiscal Assistant Secretary appointed under section 301(d) of this title. (c) The Fiscal Service has a— (1) Bureau of Government Financial Operations, having as its head a Commissioner of Government Financial Operations; and (2) Bureau of the Public Debt, having as its head a Commissioner of the Public Debt.

96 STAT. 879

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 96 STAT. 880

PUBLIC LAW 97-258—SEPT. 13, 1982 (d) The Secretary of the Treasury may designate another officer of the Department to act as the Fiscal Assistant Secretary when the Fiscal Assistant Secretary is absent or unable to serve or when the office of Fiscal Assistant Secretary is vacant. § 307. Office of the Comptroller of the Currency The Office of the Comptroller of the Currency, established under section 324 of the Revised Statutes (12 U.S.C. 1), is an office in the Department of the Treasury. § 308. United States Customs Service The United States Customs Service, established under section 1 of the Act of March 3, 1927 (19 U.S.C. 2071), is a service in the Department of the Treasury. §.309. Continuing in office When the term of office of an officer of the Department of the Treasury ends, the officer may continue to serve until a successor is appointed and qualified. SUBCHAPTER II—ADMINISTRATIVE

Regulations.

§321. General authority of the Secretary (a) The Secretary of the Treasury shall— (1) prepare plans for improving and managing receipts of the United States Government and managing the public debt; (2) carry out services related to finances that the Secretary is required to perform; (3) issue warrants for money drawn on the Treasury consistent with appropriations; (4) mint coins, engrave and print currency and security documents, and refine and assay bullion, and may strike medals; (5) prescribe regulations that the Secretary considers best calculated to promote the public convenience and security, and to protect the Government and individuals from fraud and loss, that apply to anyone who may— (A) receive for the Government, Treasury notes. United States notes, or other Government securities; or (B) be engaged or employed in preparing and issuing those notes or securities; (6) collect receipts; (7) with a view to prosecuting persons, take steps to discover fraud and attempted fraud involving receipts and decide on ways to prevent and detect fraud; and (8) maintain separate accounts of taxes received in each State, territory, and possession of the United States, and collection district, with each account listing— (A) each kind of tax; (B) the amount of each tax; and (C) the money paid as pay and allowances to officers and employees of the Department collecting taxes in that State, territory, possession, or district. (b) The Secretary may— (1) prescribe regulations to carry out the duties and powers of the Secretary;

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 PUBLIC LAW 97-258—SEPT. 13, 1982 (2) delegate duties and powers of the Secretary to another officer or employee of the Department of the Treasury; (3) transfer within the Department the records, property, officers, employees, and unexpended balances of appropriations, allocations, and amounts of the Department that the Secretary considers necessary to carry out a delegation made under clause (2) of this subsection; (4) detail, in addition to details authorized under another law, not more than 6 officers and employees of the Department at any one time to enforce the laws related to the Department, except that of those 6 officers and employees not more than 4 officers and employees— (A) paid from the appropriations for the collection of customs may be so detailed; (B) paid from the appropriations for internal revenue may be so detailed; and (C) paid from the appropriations for suppressing counterfeiting and other crimes may be so detailed; (5) authorize, at rates and under conditions prescribed by the Secretary, the private use of telephone lines controlled by the Department when the use does not interfere with Department business; and (6) buy arms and ammunition required by officers and employees of the Department in carrying out their duties and powers. (c) Duties and powers of officers and employees of the Department are vested in the Secretary except duties and powers— (1) vested by subchapter II of chapter 5 of title 5 in administrative law judges employed by the Secretary; and (2) of the Comptroller of the Currency. § 322. Working capital fund (a) The Department of the Treasury has a working capital fund. Amounts in the fund are available for expenses of operating and maintaining common administrative services of the Department that the Secretary of the Treasury, with the approval of the Director of the Office of Management and Budget, decides may be carried out more advantageously and more economically as central services. Amounts in the fund may total not more than $1,000,000 at any time. (b) Amounts in the fund remain available until expended. Amounts may be appropriated to the fund. (c) The fund consists of^ (1) amounts appropriated to the fund; (2) to the extent transferred to the fund by the Secretary, the reasonable value of supply inventories, equipment, and other assets and inventories on order for providing services out of amounts in the fund, less related liabilities and unpaid obligations; (3) amounts received from the sale or exchange of property; and (4) payments received for loss or damage to property of the fund. (d) The fund shall be reimbursed, or credited with advance payments, from amounts available to the Department or from other sources, for supplies and services at rates that will equal the expenses of operation, including accrual of annual leave and the

96 STAT. 881

5 USC 551.

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 96 STAT. 882

PUBLIC LAW 97-258—SEPT. 13, 1982 depreciation of plant and equipment. Amounts the Secretary decides are in excess of the needs of the fund shall be deposited at the end of each fiscal year in the Treasury as miscellaneous receipts. § 323. Investment of operating cash (a) To manage United States cash, the Secretary of the Treasury may invest any part of the operating cash of the Treasury for not more than 90 days. Investments may be made in obligations of— (1) depositaries maintaining Treasury tax and loan accounts secured by pledged collateral acceptable to the Secretary; and (2) the United States Government. (b) Subsection (a) of this section does not— (1) require the Secretary to invest a cash balance held in a particular account; or (2) permit the Secretary to require the sale of obligations by a particular person, dealer, or financial institution. (c) The Secretary shall consider the prevailing market in prescribing rates of interest for investments under subsection (a)(1) of this section. § 324. Disposing and extending the maturity of obligations (a) The Secretary of the Treasury may— (1) dispose of obligations— (A) acquired by the Secretary for the United States Government; or (B) delivered by an executive agency; and (2) make arrangements to extend the maturity of those obligations. (b) The Secretary may dispose or extend the maturity of obligations under subsection (a) of this section in the way, in amounts, at prices (for cash, obligations, property, or a combination of cash, obligations, or property), and on conditions the Secretary considers advisable and in the public interest. However, the Secretary may not dispose of obligations of one issuer, held by the Secretary at one time, having on the date of disposal a total face or par value of more than $1,000,000 or, if no-par obligations, a stated or book value of more than $1,000,000. (c) The authority under this section is in addition to authority under another law.

Appropriation.

5 USC 5382. 5 USC 5301 et seq.

§ 325. International affairs authorization (a) Under regulations prescribed by the Secretary of the Treasury, the Secretary may provide officers and employees of the Department of the Treasury carrying out international affairs duties and powers of the Department with allowances and benefits comparable to those provided under chapter 9 of title I of the Foreign Service Act of 1980 (22 U.S.C. 4081 et seq.). (b) The following amounts may be appropriated to the Secretary for the fiscal year ending September 30, 1982: (1) not more than $22,896,000 to carry out the international affairs duties and powers of the Department (including amounts for official functions and reception and representation expenses). (2) not more than $1,000,000 for increases in— (A) pay, under section 5382(c) and subchapter I of chapter 53 of {j^ig 5 (except section 5303), of officers and employees

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 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT. 883

carrying out the duties and powers referred to in clause (1) of this subsection; (B) departmental contributions attributable to those pay increases; and (C) allowances and benefits, because of cost of living increases, provided under subsection (a) of this section. (c) Necessary amounts may be appropriated to the Secretary for Appropriation. each fiscal year beginning after September 30, 1982— (1) to carry out the international affairs duties and powers of the Department (including amounts for official functions and reception and representation expenses); (2) for increases in— (A) pay, under section 5382(c) and subchapter I of chapter 5 USC 5382. 53 of title 5 (except section 5303), of officers and employees 5 USC 5301 et carrying out the duties and powers referred to in clause (1) seq. of this subsection; (B) departmental contributions attributable to those pay increases; and (C) allowances and benefits, because of cost of living increases, provided under subsection (a) of this section. § 326. Availability of appropriations for certain expenses (a) Under regulations prescribed by the Secretary of the Treasury, an appropriation for the Department of the Treasury available to pay travel expenses also is available to pay expenses to attend meetings of organizations related to the function or activity for which the appropriation is made. (b) The Secretary may approve reimbursement to agents on protective missions for subsistence expenses authorized by law without regard to rates established under section 5702 of title 5. § 327. Advancements and reimbursements for services (a) In this section, "service" includes service provided in— (1) disbursing and receiving amounts. (2) servicing bonds. (3) making accounts. (4) maintaining bank accounts. (b) When the Secretary of the Treasury provides a service for an agency (except the Department of the Treasury) for which amounts have not been appropriated to the Department, the agency may advance for credit or reimburse the Department the amounts necessary to provide the service. Notwithstanding section 3302 of this title, amounts advanced or reimbursed may be credited to the appropriation of the Department that is current when the service is provided. § 328. Accounts and payments of former disbursing offlcials (a) If a chief disbursing official or a director of a disbursing center of the Department of the Treasury dies, resigns, or leaves office, the deputy chief disbursing official or the deputy director of the disbursing center designated by the Secretary of the Treasury may continue the accounts and payments in the name of the former disbursing official or director through the last day of the 2d month after the month in which the death, resignation, or separation occurs. The accounts and payments shall be allowed, audited, and settled as provided by law. The Secretary shall honor checks signed in the

5 USC 5702. "Service.'

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 96 STAT. 884

PUBLIC LAW 97-258—SEPT. 13, 1982 name of the former disbursing official or director in the same way as if the former disbursing official or director had continued in office, (b) Only the deputy chief or deputy director designated under subsection (a) of this section is liable for actions taken in the name of the former disbursing official under subsection (a).

Fine.

Fine.

5 USC 500.

§ 329. Limitations on outside activities (a)(1) The Secretary of the Treasury and the Treasurer may not— (A) be involved in trade or commerce; (B) own any part of a vessel (except a pleasure vessel); (C) buy or hold as a beneficiary in trust public property; (D) be involved in buying or disposing of obligations of a State or the United States Government; and (E) personally take or use a benefit gained from conducting business of the Department of the Treasury except as authorized by law. (2) An officer violating this subsection shall be fined $3,000, removed from office, and thereafter may not hold an office of the Government. (3) An individual (except prosecutors) giving information leading to the prosecution and conviction of an individual violating this subsection shall receive $1,500 of the fine when paid. (b)(1) An officer or employee of the Department (except the Secretary or Treasurer) may not— (A) carry on a trade or business in the funds, debts, or property of a State or the Government; and (B) personally use a benefit gained from conducting business of the Department. (2) An officer or employee violating this subsection shall be fined $500 and removed from office. § 330. Practice before the Department (a) Subject to section 500 of title 5, the Secretary of the Treasury may— (1) regulate the practice of representatives of persons before the Department of the Treasury; and (2) before admitting a representative to practice, require that the representative demonstrate— (A) good character; (B) good reputation; (C) necessary qualifications to enable the representative to provide to persons valuable service; and (D) competency to advise and assist persons in presenting their cases. (b) After notice and opportunity for a proceeding, the Secretary may suspend or disbar from practice before the Department a representative who— (1) is incompetent; (2) is disreputable; (3) violates regulations prescribed under this section; or (4) with intent to defraud, willfully and knowingly misleads or threatens the person being represented or a prospective person to be represented. §331. Reports (a) The Secretary of the Treasury shall submit to Congress each year an annual report. The report shall include—

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 PUBLIC LAW 97-258—SEPT. 13, 1982 (1) a statement of the public receipts and public expenditures for the prior fiscal year; (2) estimates of public receipts and public expenditures for the current and next Hscal years; (3) plans for improving and increasing public receipts to provide Congress with information on ways to raise amounts necessary to meet public expenditures; (4) a statement of all contracts for supplies or services made by the Secretary during the prior fiscal year; (5) a statement of appropriations expended to pay for miscellaneous claims not otherwise provided for; (6) a statement on all payments made from the fund under section 3126 of this title for the prior fiscal year; and (7) estimates of amounts for payment under section 1322(b) of this title. (b)(1) On the first day of each regular session of Congress, the Secretary shall submit to Congress a report for the prior fiscal year on— (A) the total and individual amounts of contingent liabilities and unfunded liabilities of the United States Government; (B) as far as practicable, trust fund liabilities, liabilities of Government corporations, indirect liabilities not included as a part of the public debt, and liabilities of insurance and annuity programs (including their actuarial status); (C) collateral pledged and assets available (or to be realized) as security for the liabilities (separately noting Government obligations) and other assets specifically available to liquidate the liabilities of the Government; and (D) the total amount in each category under clauses (A)-(C) of this paragraph for each agency. (2) The report shall present the information required under paragraph (1) of this subsection in a concise way, with explanatory material (including an analysis of the significance of liabilities based on past experience and probable risk) the Secretary considers desirable. (c) On the first day of each regular session of Congress, the Secretary shall submit to Congress a report for the prior fiscal year on the total amount of public receipts and public expenditures listing receipts, when practicable, by ports, districts, and States and the expenditures by each appropriation. (d) The Secretary shall report to either House of Congress in person or in writing, as required, on matters referred to the Secretary by that House of Congress. CHAPTER 5—OFFICE OF MANAGEMENT AND BUDGET SUBCHAPTER I—ORGANIZATION Sec. 501. Office of Management and Budget. 502. Officers. 503. Office of Information and Regulatory Affairs. SUBCHAPTER II—ADMINISTRATIVE 521. Employees. 522. Necessary expenditures.

96 STAT. 885

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 96 STAT. 886

PUBLIC LAW 97-258—SEPT. 13, 1982 SUBCHAPTER I—ORGANIZATION § 501. Office of Management and Budget The Office of ManE^ement and Budget is an office in the Executive Office of the President. §502. Officers (a) The head of the Office of Management and Budget is the Director of the Office of Management and Budget. The Director is appointed by the President, by and with the advice and consent of the Senate. Under the direction of the President, the Director shall administer the Office. (b) The Office has a Deputy Director of the Office of Management and Budget, appointed by the President, by and with the advice and consent of the Senate. The Deputy Director— (1) shall carry out the duties and powers prescribed by the Director; and (2) acts as the Director when the Director is absent or unable to serve or when the office of Director is vacant. (c) The Office has 3 Assistant Directors who shall carry out the duties and powers prescribed by the Director. (d) The Office may have not more than 6 additional officers, each of whom is appointed in the competitive service by the Director, with the approval of the President. Each additional officer shall carry out the duties and powers prescribed by the Director. The Director shall specify the title of each additional officer. (e) When the Director and Deputy Director are absent or unable to serve or when the offices of Director and Deputy Director are vacant, the President may designate an officer of the Office to act as Director.

44 USC 3503.

§ 503. Office of Information and Regulatory Affairs The Office of Information and Regulatory Affairs, established under section 3503 of title 44, is an office in the Office of Management and Budget. SUBCHAPTER II—ADMINISTRATIVE § 521. Employees The Director of the Office of Management and Budget shall appoint and fix the pay of employees of the Office under regulations prescribed by the President. § 522. Necessary expenditures The Director of the Office of Management and Budget may make necessary expenditures for the Office under regulations prescribed by the President.

CHAPTER 7—GENERAL ACCOUNTING OFFICE SUBCHAPTER I—DEFINITIONS AND GENERAL ORGANIZATION Sec. 701. Definitions. 702. General Accounting Office. 703. Comptroller General and Deputy Comptroller General. 704. Relationship to other laws.

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 PUBLIC LAW 97-258—SEPT. 13, 1982 SUBCHAPTER H-GENERAL DUTIES AND POWERS Sec. 711. General authority. 712. Investigating the use of public money. 713. Audit of Internal Revenue Service and Bureau of Alcohol, Tobacco, and Firearms. 714. Audit of Financial Institutions Examination Council, Federal Reserve Board, Federal reserve banks, Federal Deposit Insurance Corporation, and Office of Comptroller of the Currency. 715. Audit of accounts and operations of the District of Columbia government. 716. Availability of information and inspection of records. 717. Evaluating programs and activities of the United States Government. 718. Availability of draft reports. 719. Comptroller General reports. 720. Agency reports. SUBCHAPTER HI-PERSONNEL 731. General. 732. Personnel management system. 733. Senior Executive Service. 734. Assignments and details to Congress. 735. Relationship to other laws. 736. Authorization of appropriations. 751. 752. 753. 754. 755. 771. 772. 773. 774. 775. 776. 777. 778. 779.

SUBCHAPTER IV—PERSONNEL APPEALS BOARD Organization. Chairman and General Counsel. Duties and powers. Action by the Comptroller General. Judicial review. SUBCHAPTER V-ANNUITIES Definitions. Annuity of the Comptroller General. Election of survivor benefits. Survivor smnuities. Refunds. Pajmient of survivor benefits. Annuity increases. Dependency and disability decisions. Use of appropriations.

SUBCHAPTER I-DEFINITIONS AND GENERAL ORGANIZATION § 701. Definitions In this chapter— (1) "agency" includes the District of Columbia government but does not include the legislative branch or the Supreme Court. (2) "appropriations" means appropriated anqounts and includes, in appropriate context— (A) funds; (B) authority to make obligations by contract before appropriations; and (C) other authority making amounts availably for obligation or expenditure. § 702. General Accounting Office (a) The General Accounting Office is an instrunjentality of the United States Government independent of the executive departments. (b) The head of the Office is the Comptroller General of the United States. The Office has a Deputy Comptroller General of the United States.

97-200 O—84—pt. 1

30: QL3

96 STAT. 887

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 96 STAT. 888

PUBLIC LAW 97-258—SEPT. 13, 1982 (c) The Administrator of General Services shall provide the troller General with space in the General Accounting Office ing that the Comptroller General considers necessary for use Comptroller General. (d) The Comptroller General may adopt a seal for the

CompBuildby the Office.

§ 703. Comptroller General and Deputy Comptroller General (a)(1) The Comptroller General and Deputy Comptroller General are appointed by the President, by and with the advice and consent of the Senate. (2) When a vacancy occurs in the office of Comptroller General or Deputy Comptroller General, a commission is established to recommend individuals to the President for appointment to the vacant office. The commission shall be composed of— (A) the Speaker of the House of Representatives; (B) the President pro tempore of the Senate; (C) the majority and minority leaders of the House of Representatives and the Senate; (D) the chairmen and ranking minority members of the Committee on Governmental Affairs of the Senate and the Committee on Government Operations of the House; and (E) when the office of Deputy Comptroller General is vacant, the Comptroller General. (3) A commission established because of a vacancy in the office of the Comptroller General shall recommend at least 3 individuals. The President may ask the commission to recommend additional individuals. (b) Except as provided in subsection (e) of this section, the term of the Comptroller General is 15 years. The Comptroller General may not be reappointed. The term of the Deputy Comptroller General expires on the date an individual is appointed Comptroller General. The Deputy Comptroller General may continue to serve until a successor is appointed. (c) The Deputy Comptroller General— (1) carries out duties and powers prescribed by the Comptroller General; and (2) acts for the Comptroller General when the Comptroller General is absent or unable to serve or when the office of Comptroller General is vacant. (d) The Comptroller General shall designate an officer or employee of the General Accounting Office to act as Comptroller General when the Comptroller General and Deputy Comptroller General are absent or unable to serve or when the offices of Comptroller General and Deputy Comptroller General are vacant. (e)(1) A Comptroller General or Deputy Comptroller General retires on becoming 70 years of age. Either may be removed at any time by— (A) impeachment; or (B) joint resolution of Congress, after notice and an opportunity for a hearing, only for— (i) permanent disability; (ii) inefficiency; (iii) neglect of duty; (iv) malfeasance; or (v) a felony or conduct involving moral turpitude. (2) A Comptroller General or Deputy Comptroller General removed from office under paragraph (1) of this subsection may not be reappointed to the office.

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 PUBLIC LAW 97-258—SEPT. 13, 1982 (f) The annual rate of basic pay of the— (1) Comptroller General is equal to the rate for level II of the Executive Schedule; and (2) Deputy Comptroller General is equal to the rate for level III of the Executive Schedule. § 704. Relationship to other laws (a) To the extent applicable, all laws generally related to administering an agency apply to the Comptroller General. (b) A copy of a record and a transcript from a record or proceeding of the Comptroller General, that the Comptroller General or Deputy Comptroller General certifies under seal, shall be admitted as evidence with the same effect as a copy or transcript referred to in section 1733 of title 28.

96 STAT. 889

5 USC 5313. 5 USC 5314.

28 USC 1733.

SUBCHAPTER II—GENERAL DUTIES AND POWERS § 711. General authority The Comptroller General may— (1) prescribe regulations to carry out the duties and powers of the Comptroller General; (2) delegate the duties and powers of the Comptroller General to officers and employees of the General Accounting Office as the Comptroller General decides is necessary to carry out those duties and powers; (3) regulate the practice of representatives of persons before the Office; and (4) administer oaths to witnesses when auditing and settling accounts. § 712. Investigating the use of public money The Comptroller General shall— (1) investigate all matters related to the receipt, disbursement, and use of public money; (2) estimate the cost to the United States Government of complying with each restriction on expenditures of a specific appropriation in a general appropriation law and report each estimate to Congress with recommendations the Comptroller General considers desirable; (3) analyze expenditures of each executive agency the Comptroller General believes will help Congress decide whether public money has been used and expended economically and efficiently; (4) make an investigation and report ordered by either House of Congress or a committee of Congress having jurisdiction over revenue, appropriations, or expenditures; and (5) give a committee of Congress having jurisdiction over revenue, appropriations, or expenditures the help and information the committee requests. § 713. Audit of Internal Revenue Service and Bureau of Alcohol, Tobacco, and Firearms (a) Under regulations of the Comptroller General, the Comptroller General shall audit the Internal Revenue Service and the Bureau of

Report to Congress.

Report to Congress.

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 96 STAT. 890

PUBLIC LAW 97-258—SEPT. 13, 1982 Alcohol, Tobacco, and Firearms, of the Department of the Treasury. An audit under this section does not affect a final decision of the Secretary of the Treasury under section 6406 of the Internal Revenue Code of 1954 (26 U.S.C. 6406). (b)(1) To carry out this section and to the extent provided by and only subject to section 6103 of the Internal Revenue Code of 1954 (26 U.S.C. 6103)— (A) returns and return information (as defined in section 6103(b) of the Internal Revenue Code of 1954 (26 U.S.C. 61030))) shall be made available to the Comptroller General; and (B) records and property of, or used by, the Service or the Bureau, shall be made available to the Comptroller General. (2) At least once every 6 months, the Comptroller General shall designate each officer and employee of the General Accounting Office by name and title to whom returns, return information, or records or property of the Service or the Bureau that can identify a particular taxpayer may be made available. Each designation or a certified copy of the designation shall be sent to the Committee on Finance of the Senate, the Committee on Ways and Means of the House of Representatives, the Committee on Governmental Affairs of the Senate, the Committee on Government Operations of the House, the Joint Committee on Taxation, the Commissioner of Internal Revenue, and the Director of the Bureau. (3) Except as expressly provided by law, an officer or employee of the Office may make known information derived from a record or property of, or in use by, the Service or the Bureau that can identify a particular taxpayer only to another officer or employee of the Office whose duties or powers require that the record or property be made known.

"Agency."

§ 714. Audit of Financial Institutions Examination Council, Federal Reserve Board, Federal reserve banks, Federal Deposit Insurance Corporation, and Office of Comptroller of the Currency (a) In this section, "agency" means the Financial Institutions Examination Council, the Federal Reserve Board, Federal reserve banks, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency. (b) Under regulations of the Comptroller General, the Comptroller General shall audit an agency, but may carry out an onsite examination of an open insured bank or bank holding company only if the appropriate agency has consented in writing. Audits of the Federal Reserve Board and Federal reserve banks may not include— (1) transactions for or with a foreign central bank, government of a foreign country, or nonprivate international financing organization; (2) deliberations, decisions, or actions on monetary policy matters, including discount window operations, reserves of member banks, securities credit, interest on deposits, and open market operations; (3) transactions made under the direction of the Federal Open Market Committee; or (4) a part of a discussion or communication among or between members of the Board of Governors and officers and employees

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96 STAT. 891

of the Federal Reserve System related to clauses (l)-(3) of this subsection. (c)(1) Except as provided in this subsection, an officer or employee of the General Accounting Office may not disclose information identifying an open bank, an open bank holding company, or a customer of an open or closed bank or bank holding company. The Comptroller General may disclose information related to the affairs of a closed bank or closed bank holding company identifying a customer of the closed bank or closed bank holding company only if the Comptroller General believes the customer had a controlling influence in the management of the closed bank or closed bank holding company or was related to or affiliated with a person or group having a controlling influence. (2) An officer or employee of the Office may discuss a customer, bank, or bank holding company with an official of an agency and may report an apparent criminal violation to an appropriate law enforcement authority of the United States Government or a State. (3) This subsection does not authorize an officer or employee of an agency to withhold information from a committee of Congress authorized to have the information. (d)(1) To carry out this section, all records and property of or used by an agency, including samples of reports of examinations of a bank or bank holding company the Comptroller General considers statistically meaningful and workpapers and correspondence related to the reports shall be made available to the Comptroller General. The Comptroller General shall give an agency a current list of officers and employees to whom, with proper identification, records and property may be made available, and who may make notes or copies necessary to carry out an audit. An agency shall give the Comptroller General suitable and lockable offices and furniture, telephones, and access to copying facilities. (2) Except for the temporary removal of workpapers of the Comptroller General that do not identify a customer of an open or closed bank or bank holding company, an open bank, or an open bank holding company, all workpapers of the Comptroller General and records and property of or used by an agency that the Comptroller General possesses during an audit, shall remain in the agency. The Comptroller General shall prevent unauthorized access to records or property. § 715. Audit of accounts and operations of the District of Columbia government (a) In addition to the audit carried out under section 455 of the District of Columbia Self-Government and Governmental Reorganization Act (Public Law 93-198, 87 Stat. 803; D.C. Code, § 47-117), the Comptroller General each year shall audit the accounts and operations of the District of Columbia government. An audit shall be carried out according to principles, under regulations, and in a way the Comptroller General prescribes. When prescribing the procedures to follow and the extent of the inspection of records, the Comptroller General shall consider generally accepted principles of auditing, including the effectiveness of accounting organizations and systems, internal audit and control, and related administrative practices. (b) The Comptroller General shall submit each audit report to Report to Congress and the Mayor and Council of the District of Columbia. Congress, Mayor The report shall include the scope of an,audit, information the mstrict^of Columbia.

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 96 STAT. 892

Information disclosure.

Reports.

PUBLIC LAW 97-258—SEPT. 13, 1982 Comptroller General considers necessary to keep Congress, the Mayor, and the Council informed of operations audited, and recommendations the Comptroller General considers advisable. (c)(1) By the 90th day after receiving an audit report from the Comptroller General, the Mayor shall state in writing to the Council measures the District of Columbia government is taking to comply with the recommendations of the Comptroller General. A copy of the statement shall be sent to Congress. (2) After the Council receives the statement of the Mayor, the Council may make available for public inspection the report of the Comptroller General and other material the Council considers pertinent. (d) To carry out this section, records and property of or used by the District of Columbia government necessary to make an audit easier shall be made available to the Comptroller General. The Mayor shall provide facilities to carry out an audit. § 716. Availability of information and inspection of records (a) Each agency shall give the Comptroller General information the Comptroller General requires about the duties, powers, activities, organization, and financial transactions of the agency. The Comptroller General may inspect an agency record to get the information. This subsection does not apply to expenditures made under section 3524 or 3526(e) of this title. (b)(1) When an agency record is not made available to the Comptroller General within a reasonable time, the Comptroller General may make a written request to the head of the agency. The request shall state the authority for inspecting the records and the reason for the inspection. The head of the agency has 20 days after receiving the request to respond. The response shall describe the record withheld and the reason the record is being withheld. If the Comptroller General is not given an opportunity to inspect the record within the 20-day period, the Comptroller General may file a report with the President, the Director of the Office of Management and Budget, the Attorney General, the head of the agency, and Congress. (2) Through an attorney the Comptroller General designates in writing, the Comptroller General may bring a civil action in the district court of the United States for the District of Columbia to require the head of the agency to produce a record— (A) after 20 days after a report is filed under paragraph (1) of this subsection; and (B) subject to subsection (d) of this section. (3) The Attorney General may represent the head of the agency. The court may punish a failure to obey an order of the court under this subsection as a contempt of court. (c)(1) Subject to subsection (d) of this section, the Comptroller General may subpena a record of a person not in the United States Government when the record is not made available to the Comptroller General to which the Comptroller General has access by law or by agreement of that person from whom access is sought. A subpena shall identify the record and the authority for the inspection and may be issued by the Comptroller General. The Comptroller General may have an individual serve a subpena under this subsection by delivering a copy to the person named in the subpena or by mailing a copy of the subpena by certified or registered mail, return receipt requested, to the residence or principal place of business of the person. Proof of service is shown by a verified return by the individ-

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 PUBLIC LAW 97-258—SEPT. 13, 1982 ual serving the subpena that states how the subpena was served or by the return receipt signed by the person served. (2) If a person residing, found, or doing business in a judicial district refuses to comply with a subpena issued under paragraph (1) of this subsection, the Comptroller General, through an attorney the Comptroller General designates in writing, may bring a civil action in that district court to require the person to produce the record. The court has jurisdiction of the action and may punish a failure to obey an order of the court under this subsection as a contempt of court. (d)(l) The Comptroller General may not bring a civil action for a record withheld under subsection (b) of this section or issue a subpena under subsection (c) of this section if— (A) the record related to activities the President designates as foreign intelligence or counterintelligence activities; (B) the record is specifically exempted from disclosure to the Comptroller General by a statute that— (i) without discretion requires that the record be withheld from the Comptroller General; (ii) establishes particular criteria for withholding the record from the Comptroller General; or (iii) refers to particular t5T)es of records to be withheld from the Comptroller General; or (C) by the 20th day after a report is filed under subsection (b)(1) of this section, the President or the Director certifies to the Comptroller General and Congress that a record could be withheld under section 552(b)(5) or (7) of title 5 and disclosure reasonably could be expected to impair substantially the operations of the Government. (2) The President or the Director may not delegate certification under paragraph (1)(C) of this subsection. A certification shall include a complete explanation of the reasons for the certification. (e)(1) The Comptroller General shall maintain the same level of confidentiality for a record made available under this section as is required of the head of the agency from which it is obtained. Officers and employees of the General Accounting Office are subject to the same statutory penalties for unauthorized disclosure or use as officers or employees of the agency. (2) The Comptroller General shall keep information described in section 552(b)(6) of title 5 that the Comptroller General obtains in a way that prevents unwarranted invasions of personal privacy. (3) This section does not authorize information to be withheld from Congress. § 717. Evaluating programs and activities of the United States Government (a) In this section, "agency" means a department, agency, or instrumentality of the United States Government (except a mixedownership Government corporation) or the District of Columbia government. (b) The Comptroller General shall evaluate the results of a program or activity the Government carries out under existing law— (1) on the initiative of the Comptroller General; (2) when either House of Congress orders an evaluation; or (3) when a committee of Congress with jurisdiction over the program or activity requests the evaluation.

96 STAT. 893

5 USC 552.

"Agency/

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 96 STAT. 894

PUBLIC LAW 97-258—SEPT. 13, 1982 (c) The Comptroller General shall develop and recommend to Congress ways to evaluate a program or activity the Government carries out under existing law. (d)(1) On request of a committee of Congress, the Comptroller General shall help the committee to— (A) develop a statement of legislative goals and ways to assess and report program performance related to the goals, including recommended ways to assess performance, information to be reported, responsibility for reporting, frequency of reports, and feasibility of pilot testing; and (B) assess program evaluations prepared by and for an agency. (2) On request of a member of Congress, the Comptroller General shall give the member a copy of the material the Comptroller General compiles in carrying out this subsection that has been released by the committee for which the material was compiled. § 718. Availability of draft reports (a) A draft report of an audit under section 714 of this title shall be submitted to the Financial Institutions Examination Council, the Federal Reserve Board, the Federal Deposit Insurance Corporation, or the Office of the Comptroller of the Currency for comment for 3 days. (b)(1) The Comptroller General may submit a part of a draft report to an agency for comment for more than 30 days only if the Comptroller General decides, after a showing by the agency, that a longer period is necessary and likely to result in a more accurate report. The report may not be delayed because the agency does not comment within the comment period. (2) When a draft report is submitted to an agency for comment, the Comptroller General shall make the draft report available on request to— (A) either House of Congress, a committee of Congress, or a member of Congress if the report was begun because of a request of the House, committee, or member; or (B) the Committee on Governmental Affairs of the Senate and the Committee on Government Operations of the House of Representatives if the report was not begun because of a request of either House of Congress, a committee of Congress, or a member of Congress. (3) This subsection is subject to statutory and executive order guidelines for handling and storing classified information and material. (c) A final report of the Comptroller General shall include— (1) a statement of significant changes of a finding, conclusion, or recommendation in an earlier draft report because of comments on the draft by an agency; (2) a statement of the reasons the changes were made; and (3) for a draft report submitted under subsection (a) of this section, written comments of the agency submitted during the comment period. § 719. Comptroller General reports (a) At the beginning of each regular session of Congress, the Comptroller General shall report to Congress (and to the President when requested by the President) on the work of the Comptroller General. A report shall include recommendations on—

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 PUBLIC LAW 97-258—SEPT. 13, 1982 (1) legislation the Comptroller General considers necessary to make easier the prompt and accurate making and settlement of accounts; and (2) other matters related to the receipt, disbursement, and use of public money the Comptroller General considers advisable. (b)(1) The Comptroller General shall include in the report to Congress under subsection (a) of this section— (A) a review of activities under sections 717(b)-(d) and 731(e)(2) of this title, including recommendations under section 717(c) of this title; (B) information on carrying out duties and powers of the Comptroller General under clauses (A) and (C) of this paragraph, subsections (g) and (h) of this section, and sections 717, 731(e)(2), 734, 1112, and 1113 of this title; and (C) the name of each officer and employee of the General Accounting Office assigned or detailed to a committee of Congress, the committee to which the officer or employee is assigned or detailed, the length of the period of assignment or detail, a statement on whether the assignment or detail is finished or continuing, and compensation paid out of appropriations available to the Comptroller General for the period of the assignment or detail that has been completed. (2) In a report under subsection (a) of this section or in a special report to Congress when Congress is in session, the Comptroller General shall include recommendations on greater economy and efficiency in public expenditures. (c) The Comptroller General shall report to Congress— (1) specially on expenditures and contracts an agency makes in violation of law; (2) on the adequacy and effectiveness of— (A) administrative audits of accounts and claims in an agency; and (B) inspections by an agency of offices and accounts of fiscal officials; and (3) as frequently as practicable on audits carried out under sections 713 and 714 of this title, (d) The Comptroller General shall report each year to the Committees on Finance and Governmental Affairs of the Senate, the Committees on Ways and Means and Government Operations of the House of Representatives, and the Joint Committee on Taxation. Each report shall include— (1) procedures and requirements the Comptroller General, the Commissioner of Internal Revenue, and the Director of the Bureau of Alcohol, Tobacco, and Firearms, prescribe to protect the confidentiality of returns and return information made available to the Comptroller General under section 713(b)(l) of this title; (2) the scope and subject matter of audits under section 713 of this title; and (3) findings, conclusions, or recommendations the Comptroller General develops as a result of an audit under section 713 of this title, including significant evidence of inefficiency or mismanagement. (e) The Comptroller General shall report on analyses carried out under section 712(3) of this title to the Committees on Governmental Affairs and Appropriations of the Senate, the Committees on Government Operations and Appropriations of the House, and the

96 STAT. 895

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 96 STAT. 896

PUBLIC LAW 97-258—SEPT. 13, 1982 committees with jurisdiction over legislation related to the operation of each executive agency, (f) The Comptroller General shall give the President information on expenditures and accounting the President requests. (g) When the Comptroller General submits a report to Congress, the Comptroller General shall deliver copies of the report to— (1) the Committees on Governmental Affairs and Appropriations of the Senate; (2) the Committees on Government Operations and Appropriations of the House; (3) a committee of Congress that requested information on any part of a program or activity of a department, agency, or instrumentality of the United States Government (except a mixed-ownership Government corporation) or the District of Columbia government that is the subject of any part of a report; and (4) any other committee of Congress requesting a copy. (h)(1) The Comptroller General shall prepare— (A) each month a list of reports issued during the prior month; and (B) at least once each year a list of reports issued during the prior 12 months. (2) A copy of each list shall be sent to each committee of Congress and each member of Congress. On request, the Comptroller General promptly shall provide a copy of a report to a committee or member. (i) On request of a committee of Congress, the Comptroller General shall explain to and discuss with the committee or committee staff a report the Comptroller General makes that would help the committee— (1) evaluate a program or activity of an agency within the jurisdiction of the committee; or (2) in its consideration of proposed legislation.

"Agency."

§ 720. Agency reports (a) In this section, "agency" means a department, agency, or instrumentality of the United States Government (except a mixedownership Government corporation) or the District of Columbia government. (b) When the Comptroller General makes a report that includes a recommendation to the head of an agency, the head of the agency shall submit a written statement on action taken on the recommendation by the head of the agency. The statement shall be submitted to— (1) the Committee on Governmental Affairs of the Senate and the Committee on Government Operations of the House of Representatives before the 61st day after the date of the report; and (2) the Committees on Appropriations of both Houses of Congress in the first request for appropriations submitted more than 60 days after the date of the report. SUBCHAPTER III—PERSONNEL §731. General (a) The Comptroller General may appoint, pay, assign, and remove officers (except the Deputy Comptroller General) and employees the

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96 STAT. 897

Comptroller General decides are necessary to carry out the duties and powers of the General Accounting Office. (h) The Comptroller General may establish for appropriate officers and employees a merit pay system consistent with section 5401(a) of title 5. (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. 5 USC 5315. (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, except that the services 5 USC 3109. of not more than— (1) 10 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)(l)(A) of this title at rates that are not more than the rate for level V of the Executive Schedule. 5 USC 5316. § 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; 5 USC 2301. (2) prohibit personnel practices prohibited under section 2302(b) of title 5; 5use2302. (3) prohibit political activities prohibited under subchapter III of chapter 73 of title 5; 5 USC 7321. (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 55 USC lOl. 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(a) of title 5. 5 USC 5301. (c) Under the personnel management system— P^y '"^t^^s. (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 in section 733(a)(3)(B) of this title, basic pay rates of officers and employees of the Office shall be

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 96 STAT. 898

PUBLIC LAW 97-258—SEPT. 13, 1982

adjusted at the same time and to the same extent as basic pay rates of the General Schedule are adjusted; 5 USC 5332 note. (4) the pay schedule for officers and employees of the Office may provide that the basic pay rates for not more than 100 positions may be at rates not more than the highest rate for GS-18, 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. 5 USC 5361. (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; 5 USC 4302 (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 5 USC 7501 et title 5; and seq. (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 5 USC 7101 et chapter 71 of title 5. seq. (f)(1) The personnel management system shall— Employment, (A) provide that all personnel actions affecting an officer, nonemployee, or applicant for employment be taken without regard discrimination. 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. 5 USC 7201. (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).

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Page:United States Statutes at Large Volume 96 Part 1.djvu/941

 PUBLIC LAW 97-258—SEPT. 13, 1982 (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. § 733. Senior Executive Service (a) The Comptroller General may establish a General Accounting Office Senior Executive Service— (1) meeting the requirements of section 3131 of title 5; (2) providing requirements for positions consistent with section 3132(a)(2) of title 5; (3) providing rates of basic pay— (A) not more than the maximum rate or less than the minimum rate for the Senior Executive Service under section 5382 of title 5; and (B) 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; (4) providing a performance appraisal system consistent with subchapter II of chapter 43 of title 5; (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; (6) providing for removal consistent with section 3592 of title 5, and for removal or suspension consistent with section 7543 of title 5; and (7) 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. (b) 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. (c) The Office Senior Executive Service may include positions referred to in section 731(c), (d), or (e)(2) of this title. (d) Section 732(b)(6), (c), (d) (1H4), and (e) of this title does not apply to the Office Senior Executive Service. § 734. Assignments and details to Congress (a) The Comptroller General may assign or detail an officer or employee of the General Accounting Office to full-time continuous duty with a committee of Congress for not more than one year. (b) A committee of the Senate or a joint committee of Congress for which the Secretary of the Senate disburses amounts shall reimburse the Comptroller General for the pay of each officer or employee of the Office for the time the officer or employee is assigned or detailed to the committee or joint committee. § 735. Relationship to other laws (a) Except as provided in section 733(c) of this title, this subchapter and subchapter IV of this chapter do not affect sections 702(b), 703, 731 (c)-(e), 772, 775 (a) and (d) of this title. (b) Except as specifically provided in this subchapter and subchapter IV of this chapter, those subchapters do not change the

96 STAT. 899

Competitive status.

5 USC 3131. 5 USC 3132.

5 USC 5382.

5 USC 4311. 5 USC 4507. 5 USC 3592. 5 USC 7543. 5 USC 5384. 5 USC lOi.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/942

 96 STAT. 900

PUBLIC LAW 97-258—SEPT. 13, 1982 application of a law applicable to officers and employees of the General Accounting Office. § 736. Authorization of appropriations Amounts necessary to carry out this subchapter and subchapter IV of this chapter may be appropriated to the Comptroller General. SUBCHAPTER IV—PERSONNEL APPEALS BOARD

Member's term of office.

Pay rate.

5 USC 5703.

§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) has 3 years full-time or part-time experience in adjudicating or arbitrating personnel matters; (2) is not a current or former officer or employee of the Office; (3) has the demonstrated ability, background, training, and experience necessary to be qualified specially to serve on the Board; and (4) 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) 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 (2) after the Comptroller General consults with organizations representing employees of the Office and with any member of each committee of Congress, having legislative j u r ^ i c t i o n over the personnel management system maintained under section 732 of this title, whom the chairman of the committee designates. (c) The term of a member of the Board is 3 years. A member may jjQ^ ijg 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 3-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. (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 pay at a rate equal to the daily rate for GS-18. Each member is entitled to travel expenses and per diem allowances under section 5703 of title 5.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/943

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96 STAT,, 901

§ 752. Chairman and General Counsel (a) The General Accounting Office Personnel Appeals Board shall select one of its members as Chairman. The Chairman is the chief executive and administrative officer of the Board. (b)(1) The Comptroller General shall appoint as General Counsel of the Board an individual the Chairman selects. The General Counsel serves at the pleasure of the Chairman. (2) The Chairman shall fix the pay of the General Counsel. The annual rate of basic pay of the General Counsel may be not more than the maximum rate for GS-15. (3) The General Counsel shall— (A) investigate an allegation about a prohibited personnel practice under section 732(b)(2) of this title to decide if there are reasonable grounds to believe the practice has occurred, exists, or will be taken by an officer or an employee of the General Accounting Office; (B) investigate an allegation about a prohibited political activity under section 732(b)(3) of this title; (C) investigate a matter under the jurisdiction of the Board if the Board or a member of the Board requests; and (D) help the Board carry out its duties and powers. § 753. Duties and powers (a) The General Accounting Office Personnel Appeals Board may consider and order corrective or disciplinary action in a case arising from— (1) an officer or employee appeal about a removal, suspension for more than 14 days, reduction in grade or pay, or furlough of not more than 30 days; (2) a prohibited personnel practice under section 73201)X2) of this title; (3) a prohibited political activity under section 732(b)(3) of this title; (4) a decision of an appropriate unit of employees for collective bargaining; (5) an election or certification of a collective bargaining representative; (6) a matter appealable to the Board under the labor-management relations program under section 732(e)(2) of this title, including a labor practice prohibited under section 732(e)(l) of this title; (7) an action involving discrimination prohibited under section 732(fKl) of this title; and (8) an issue about Office personnel the Comptroller General by regulation decides the Board shall resolve. (b) The Board may delegate to a member or a panel of members the authority to act under subsection (a) of this section. A decision of a member or panel under subsection (a) is deemed to be a final decision of the Board unless the Board reconsiders the decision under subsection (c) of this section. (c) On motion of a party or on its own initiative, the Board may reconsider a decision under subsection (a) of this section by the 30th day after the decision is made. (d) The Board shall prescribe regulations— Regulations. (1) providing for officer and employee appeals consistent with 5 USC 7701, sections 7701 and 7702 of title 5; and 7702.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/944

 96 STAT. 902

PUBLIC LAW 97-258—SEPT. 13, 1982 (2) on the operating procedure of the Board. § 754. Action by the Comptroller General When the Comptroller General has authority, the Comptroller General promptly shall carry out action the General Accounting Office Personnel Appeals Board orders under section 753 of this title.

§ 755. Judicial review A person may apply for review of a final decision under section 753(a)(l)-(3), (6), or (7) of this title by filing a petition for review with the United States Court of Appeals for the District of Columbia Circuit or with the court of appeals of the United States for the 28 USC 2341 et circuit in which the person resides. Chapter 158 of title 28 applies to 5^9 a review under this subchapter, except the petition for review shall be filed by the 30th day after the petitioner receives notice of the decision. The court shall set aside a final decision the court decides is— (1) arbitrary, capricious, an abuse of discretion, or otherwise not consistent with law; (2) not made consistent with required procedures; or (3) unsupported by substantial evidence. SUBCHAPTER V—ANNUITIES §771. Definitions In this subchapter— (1) "dependent child" means an unmarried dependent child (including a stepchild or adopted child) who is— (A) under 18 years of age; or (B) incapable of self-support because of physical or mental disability. (2) "surviving spouse" means a surviving spouse of an individual who was a Comptroller General or retired Comptroller General and the spouse— (A) was married to the individual for at least 2 years immediately before the individual died; or (B) has not remarried and is the parent of issue by the marriage. (3) service as a Comptroller General equals the number of years and complete months an individual is Comptroller General. § 772. Annuity of the Comptroller General (a) Except as provided in subsection (c) of this section, a Comptroller General serving a complete term as Comptroller General or who is retired for age under section 703(e)(1) of this title after serving at least 10 years is entitled to receive an annuity for life equal to the pay the Comptroller General is receiving on completion of the term or at the time of retirement. An annuity of a Comptroller General who completes a term before becoming 65 years of age is reduced by .25 percent for each complete month the Comptroller General is under 65 years of age. (b) Except as provided in subsection (c) of this section, a Comptroller General becoming permanently disabled shall be retired and is entitled to receive an annuity for life equal to—

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Page:United States Statutes at Large Volume 96 Part 1.djvu/945

 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT. 903

(1) the pay of the Comptroller General at the time of retire-, ment if the Comptroller General served at least 10 years; or (2) 50 percent of the pay if the Comptroller General served less than 10 years. (c) A Comptroller General who, when appointed, is or has been subject to subchapter III of chapter 83 of title 5 remains subject to 5 USC 8331. subchapter III unless the Comptroller General elects in writing to receive an annuity under this section. An election is irrevocable and must be made within 10 years and 60 days after the start of service as Comptroller General. A Comptroller General electing to receive an annuity under this section is entitled to a refund of the lump-sum credit to the account of the Comptroller General in the Civil Service Retirement and Disability Fund. (d) A Comptroller General (except a Comptroller General remaining subject to subchapter III of chapter 83 of title 5) shall— (1) deposit with the General Accounting Office for redeposit in the Treasury as miscellaneous receipts as a contribution to the annuity— (A) 3.5 percent of the pay received as Comptroller General before deductions are made under clause (2)(A) of this subsection plus 3 percent interest compounded every December 31 on the amount to be deposited, if electing survivor benefits under this subchapter; or (B) 8 percent of the pay received as Comptroller General before deductions are made under clause (2)(B) of this subsection plus 3 percent interest compounded every December 31 on the amount to be deposited, if not electing survivor benefits under this subchapter; and (2) have— (A) 3.5 percent of the pay received as Comptroller General deducted as a contribution to the annuity if electing survivor benefits under this subchapter; or (B) 8 percent of the pay received as Comptroller General deducted as a contribution to the annuity if not electing survivor benefits under this subchapter. (e) A Comptroller General receiving benefits under this section may not receive retirement or disability benefits under another law of the United States. § 773. Election of survivor beneHts (a) To provide survivor benefits, a Comptroller General may elect in writing to reduce the pay and annuity of the Comptroller General. An election shall be made within 6 months of taking office or, if an election is made under section 772(c) of this title, by the 60th day after making an election under section 772(c). (b) A Comptroller General electing to provide survivor benefits shall— (1) have 4.5 percent of the pay received as Comptroller General and annuity of the Comptroller General deducted; and (2) deposit with the General Accounting Office for redeposit in the Treasury as miscellaneous receipts— (A) 4.5 percent of the pay and annuity received as Comptroller General before the deductions begin; (B) 4.5 percent of basic pay received as a member of Congress or for other civilian service on which a surviving spouse's annuity is computed under section 774(d) of this title; and

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Page:United States Statutes at Large Volume 96 Part 1.djvu/946

 96 STAT. 904

PUBLIC LAW 97-258—SEPT. 13, 1982 (C) 4 percent interest before January 1, 1948, and 4.5 percent interest after December 31, 1947, compounded every December 31, on amounts deposited, (c) This subchapter does not prevent a surviving spouse or dependent child from receiving another annuity while receiving an annuity under section 774 of this title. However, service used in computing an annuity under section 774 may not be used in computing the other annuity.

Definitions.

5 USC 2107.

§774. Survivor annuities (a) In this section— (1) "allowable military service" means honorable active service of not more than 5 years in an armed force (including service in the National Guard when ordered to active duty for the United States Government), when the service is not creditable in computing another annuity. (2) "other prior sillowable service" means civilian service as an officer or employee of the Government or District of Columbia government not covered by subsection (d)(1) of this section. (3) "congressional employee" has the same meaning given that term in section 2107 of title 5. (jo) A survivor annuity shall be paid under this subchapter when a Comptroller General— (1) makes an election under section 773 of this title; (2) dies in office or while receiving an annuity under section 772 of this title; (3) had at least 5 years of civilian service at death computed under subsections (a) and (d) of this section; and (4) had deductions or deposits under section 773 of this title made for the last 5 years of civilian service. (c) If the Comptroller General or retired Comptroller General is survived— (1) only by a spouse, the surviving spouse shall receive an annuity computed under subsection (d) of this section beginning on the death of the Comptroller General or retired Comptroller General or when the spouse is 50 years of age, whichever is later; (2) by a spouse and a dependent child, the surviving spouse shall receive an immediate annuity under subsection (d) of this section and each dependent child shall receive an immediate annuity equal to the smaller of— (A) $1,548; or (B) $4,644 divided by the number of dependent children; or (3) only by a dependent child, each dependent child shall receive an immediate annuity equal to the smaller of—(A) the annuity a surviving spouse would be entitled to receive under clause (2) of this subsection divided by the number of dependent children; (B) $1,860; or (C) $5,580 divided by the number of dependent children. (d) The annuity of a surviving spouse is equal to— (1) 1.25 percent of the average annual pay (based on the 3 years of highest pay received as Comptroller General and other prior allowable service) times— (A) the number of years of—

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Page:United States Statutes at Large Volume 96 Part 1.djvu/947

 PUBLIC LAW 97-258—SEPT. 13, 1982 (i) service as Comptroller General or a member of Congress; and (ii) prior allowable military service; and (B) not more than 15 years of prior allowable service as a congressional employee; plus (2).75 percent of the average pay computed under clause (1) of this subsection times the number of years of other allowable service. (e) A surviving spouse's annuity may not be more than 40 percent of the average annual pay computed under subsection (d)(1) of this section. If a Comptroller General does not make the deposit under section 773(b) of this title, a surviving spouse's annuity shall be credited with the service during which a deposit was not made, unless the spouse elects not to have the service credited. However, the annuity shall be reduced by 10 percent of the amount of the unpaid deposit, computed on the date the Comptroller General or retired Comptroller General dies. §775. Refunds (a) A Comptroller General separated from office before becoming entitled to receive an annuity under section 772 of this title is entitled to a lump-sum refund of the amount deducted from pay or deposited as a contribution under section 772, plus 3 percent interest on the amount compounded every December 31. (b) A Comptroller General making an election under section 773 of this title who is separated from office before becoming entitled to an annuity under section 772 of this title is entitled to a lump-sum refund of the amount deducted under section 773 of this title, plus 4 percent interest before January 1, 1948, and 3 percent interest after December 31, 1947, compounded every December 31 until the separation date. (c) A lump-sum refund of the amounts deducted under sections 772 and 773 of this title, plus interest of 4 percent before January 1, 1948, and 3 percent after December 31, 1947, compounded every December 31 until the date of death, shall be paid under subsection (d) of this section if— (1) a Comptroller General dies in office before completing 5 years of civilian service under section 774 of this title or after completing 5 years of civilian service but without a survivor entitled to an annuity under section 774(b) and (c) of this title; or (2) if a retired Comptroller General dies without a survivor entitled to an annuity under section 7740^) and (c) of this title. (d) If a Comptroller General or retired Comptroller General dies before a refund is made under this section, the refund shall be paid in the following order of precedence: (1) to a beneficiary the Comptroller General or retired Comptroller General designated in writing if the designation was received by the General Accounting Office before the death of the Comptroller General or retired Comptroller General. (2) to a surviving spouse. (3) to the children and to a descendant of a deceased child by representation, (4) to the parents equally or, if only one surviving parent, to that survivor. (5) to the executor or administrator of the estate of the Comptroller Gteneral or retired Comptroller General.

96 STAT. 905

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Page:United States Statutes at Large Volume 96 Part 1.djvu/948

 96 STAT. 906

PUBLIC LAW 97-258—SEPT. 13, 1982 (6) to the next of kin that the General Counsel of the General Accounting Office decides is entitled to the refund under the laws of the domicile of the Comptroller General or retired Comptroller General at the time of death. (e) The General Counsel is not subject to section 771(1) and (2) of this title when making a decision about a surviving spouse or child under subsection (c) or (d) of this section. (f) If the annuities of all individuals entitled to survivor annuities under this subchapter end before the amount of annuities paid equals the amount deducted under sections 772 and 773 of this title, plus interest of 4 percent before J a n u a ^ 1, 1948, and 3 percent after December 31, 1947, compounded every December 31 until the date of death, the remainder shall be paid under subsection (d) of this section. § 776. Payment of survivor benefits (a) An annuity under section 774 of this title accrues monthly and is paid monthly on the first business day of the month after the month in which an annuity accrues. (b)(1) A surviving spouse's annuity ends when the spouse remarries or dies. (2) A dependent child's annuity ends when the child becomes 18 years of age, marries, or dies, whichever is earliest. However, if a child is not self-supporting because of a physical or mental disability, an annuity ends when the child recovers, marries, or dies. (3) If a surviving spouse dies and a dependent child survives, the child's annuity is recomputed under section 774(c)(3) of this title. (4) When a dependent child's annuity ends, the annuity of another dependent child is recomputed as if the child whose annuity has ended did not survive a Comptroller General or retired Comptroller General. (c) An accrued annuity unpaid when the annuity of a survivor ends— (1) for a reason except death, shall be paid to the survivor; and (2) when a survivor dies, shall be paid in the following order of precedence: (A) to the executor or administrator of the estate of the individuEd. (B) if there is no executor or administrator, then after 30 days after the date of death, to an individual the General Counsel of the General Accounting Office decides is legally entitled to the payment. (d)(1) A payment under subsection (c)(2)(B) of this section or section 775(d) of this title is a bar to recovery by another individual. (2) A benefit under this section and sections 773-775 of this title is not assignable or subject to legal process. § 777. Annuity increases (a) The Comptroller General shall compute— (1) on January 1 of each year, or within a reasonable time after January 1, the percent change in the Consumer Price Index between June and December of the prior year; and (2) on July 1 of each year, or within a reasonable time after July 1, the percent change in the Index between June of the same year and December of the prior year. (b) If a percent change computed under subsection (a)(1) of this section indicates a rise in the Index, an annuity payable under this

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Page:United States Statutes at Large Volume 96 Part 1.djvu/949

 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT. 907

subchapter and beginning before March 2 shall increase on March 1 by the percent change computed under subsection (a)(1), adjusted to the nearest.1 percent. If a percent change computed under subsection (a)(2) of this section indicates a rise in the Index, an annuity payable under this subchapter and beginning before September 2 shall increase on September 1 by the percent change computed under subsection (a)(2), adjusted to the nearest.1 percent. (c)(1) An increase under this section may not be more than an increase prescribed under section 8340(b) of title 5. 5 USC 8340. (2) An annuity under section 772 of this title may not be more than the basic pay of the Comptroller General. § 778. Dependency and disability decisions The General Counsel of the General Accounting Office shall decide a question of dependency, disability, or dependency and disability under sections 773-776 of this title. A decision under this section is final. § 779. Use of appropriations Annuities and refunds under this subchapter shall be paid by the Comptroller General from appropriations of the General Accounting Office.

SUBTITLE II—THE BUDGET PROCESS OHAPTER

SGC

11. THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFOR- 1101 MATION. 13. APPROPRIATIONS 1301 15. APPROPRIATION ACCOUNTING 1501

CHAPTER 11—THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION Sec. 1101. 1102. 1103. 1104. 1105. 1106. 1107. 1108. 1109. 1110. 1111. 1112. 1113. 1114.

Definitions. Fiscal year. Budget ceiling. Budget and appropriations authority of the President. Budget contents and submission to Congress. Supplemental budget estimates and changes. Deficiency and supplemental appropriations. Preparation and submission of appropriations requests to the President. Current programs and activities estimates. Year-ahead requests for authorizing legislation. Improving economy and efficiency. Fiscal, budget, and program information. Congressional information. Budget information on consulting services.

§1101. Definitions In this chapter— (1) "agency" includes the District of Columbia government but does not include the legislative branch or the Supreme Court. (2) "appropriations" means appropriated amounts and includes, in appropriate context— (A) funds; (B) authority to make obligations by contract before appropriations; and

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