SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Legislative Branch 
Personnel Appeals Procedural Consolidation Act of 2008’’. 
SEC. 2. USE OF OFFICE OF SPECIAL COUNSEL AND MERIT 
SYSTEMS PROTECTION BOARD FOR APPEALS 
OF PERSONNEL ACTIONS INVOLVING GOV-
ERNMENT ACCOUNTABILITY OFFICE. 
(a) IN GENERAL.—Subchapter IV of chapter 7 of 
title 31, United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 756. Transfer of Authority to Office of Special 
Counsel and Merit Systems Protection 
Board 
‘‘(a) IN GENERAL.—Notwithstanding any provision 
of this subchapter to the contrary, in the case of any per-
sonnel action taken with respect to an officer or employee 
of the Government Accountability Office or an officer or 
employee of a participating Federal office— 
‘‘(1) the Government Accountability Office Per-
sonnel Appeals Board shall not have any authority 
to consider an appeal of the action; 
‘‘(2) the Office of Special Counsel under chap-
ter 12 of title 5, United States Code, shall have the 
authority to investigate the personnel action and 
seek corrective and disciplinary action described in 
such chapter with respect to the personnel action, in 
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the same manner and subject to the same terms and 
conditions as if the officer or employee involved were 
an employee of an Executive Agency under such title 
and the personnel action were a prohibited personnel 
practice under such title; 
‘‘(3) the officer or employee may seek corrective 
and disciplinary action with respect to the personnel 
action from the Office of Special Counsel and the 
Merit Systems Protection Board under chapter 12 of 
title 5, United States Code, in the same manner and 
subject to the same terms and conditions as if the 
officer or employee involved were an employee of an 
Executive Agency under such title and the personnel 
action were a prohibited personnel practice under 
such title; 
‘‘(4) the procedures applicable to the appeal 
shall be the procedures provided under chapter 12 of 
title 5, United States Code, for the consideration of 
alleged prohibited personnel actions under such title; 
and 
‘‘(5) the remedies available with respect to the 
personnel action shall be the remedies available 
under chapter 12 of title 5, United States Code, to 
an employee of an Executive agency under such title. 
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‘‘(b) CONTINUING APPLICATION
OF SUBSTANTIVE 
RIGHTS AND PROTECTIONS.—Nothing in subsection (a) 
may be construed— 
‘‘(1) to affect the personnel management sys-
tem maintained by the Comptroller General under 
subchapter III, the rights and protections described 
in section 732(b) or otherwise provided under the 
system to officers and employees of the Government 
Accountability Office, or the authority of the Comp-
troller General to prescribe regulations to carry out 
the system, except to the extent that the system or 
the regulations are inconsistent with subsection (a); 
or 
‘‘(2) to affect the rights and protections pro-
vided with respect to personnel actions taken with 
respect to officers and employees of the Government 
Accountability Office or officers and employees of a 
participating Federal office under any law, rule, or 
regulation. 
‘‘(c) 
PARTICIPATING
FEDERAL
OFFICE
DE-
SCRIBED.—In this section, a ‘participating Federal office’ 
means an office of the Federal government whose employ-
ees have the ability (pursuant to an agreement between 
such office and the Government Accountability Office) to 
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have appeals of personnel actions considered by the Gov-
ernment Accountability Office Personnel Appeals Board.’’. 
(b) NO EFFECT ON CURRENT APPEALS.—If an offi-
cer or employee of the Government Accountability Office 
or a participating Federal office (as defined in section 
756(c) of title 31, United States Code) has initiated an 
appeal with respect to a personnel action with the General 
Counsel of the Government Accountability Office prior to 
the date of the enactment of this Act— 
(1) section 756 of title 31, United States Code 
(as added by paragraph (1)) shall not apply with re-
spect to the appeal of the personnel action; and 
(2) the appeal of the personnel action shall be 
considered by the Government Accountability Office 
Personnel Appeals Board in accordance with sub-
chapter IV of chapter 7 of such title (without regard 
to section 756 of such title). 
Æ 
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