General Accounting Office Personnel Act of 1979
PL 96-191 (H.R.5176), enacted 02/15/1980

PUBLIC LAW 96-191—FEB. 15, 1980 
94 STAT. 27 
Public Law 96-191 
96th Congress 
An Act 
To establish an independent personnel system for employees of the General 
Accounting Office. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may be 
cited as the "General Accounting Office Personnel Act of 1980". 
GENERAL PERSONNEL AUTHORITY 
SEC. 2. The Comptroller General of the United States (hereinafter 
referred to as the "Comptroller General") may appoint, pay, assign, 
and direct such personnel as the Comptroller General determines 
necessary to discharge the duties and functions of the General 
Accounting Office. 
ESTABLISHMENT OF PERSONNEL MANAGEMENT SYSTEM 
SEC. 3. (a) The Comptroller General shall, not later than the 
effective date established by section 9(a), establish by regulation a 
personnel management system for the General Accounting Office 
(hereinafter referred to as the "personnel system") which shall meet 
the requirements of subsections (b) through (h). Before promulgating 
any regulation or any amendment thereto under this section, the 
Comptroller General shall provide notice and an opportunity for 
public comment. No reprisal or threat of reprisal shall be made 
against any employee of the General Accounting Office as a result of 
comments provided with respect to any proposed regulation or 
amendment under this section. 
(b)(1) The personnel system shall— 
(A) embody the merit system principles described in section 
2301(b) of title 5, United States Code; 
(B) prohibit the personnel practices prohibited in section 
2302(b) of such title; 
(C) prohibit the political activities prohibited under subchapter 
III of chapter 73 of title 5, United States Code; 
(D) assure that all employees of the General Accounting Office 
are appointed, promoted, and assigned solely on the basis of 
merit and fitness, but without regard to the provisions of title 5, 
United States Code, governing appointments and other person-
nel actions in the competitive service; and 
(E) in the case of any individual who would be a preference 
eligible in the executive branch, provide preference for that 
individual in a manner and to an extent consistent v/ith prefer-
ence accorded to preference eligibles in the executive branch. 
(2) Nothing in this section prohibits or restricts any lawful effort to 
achieve equal employment opportunity through affirmative action. 
(c) The personnel system shall provide that the pay of the em-
ployees of the General Accounting Office shall be fixed by the Comp-
troller General consistent with the principles of section 5301(a) of 
title 5, United States Code. Under the personnel system— 
Feb. 15, 1980 
[H.R. 5176] 
General 
Accounting 
Office Personnel 
Act of 1980. 
31 u s e 1 note. 
31 u s e 52-1. 
31 u s e 52-2. 
Notice and 
public comment. 
Reprisal. 
Functions. 
5 u s e 2302. 
5 u s e 7321. 
Employee pay. 
94 STAT. 28 
PUBLIC LAW 96-191—FEB. 15, 1980 
Rates, 
publication. 
5 u s e 5332 note. 
5 u s e 5332 note. 
5 u s e 5332 note. 
5 u s e 5361. 
Employee 
performance 
appraisals. 
Labor-
management 
relations 
program. 
5 u s e 7101 et 
seq. 
5 u s e 7501 et 
seq. 
Discrimination, 
prohibitions. 
Minority 
recruitment 
program. 
(1) the Comptroller General shall publish a schedule of pay 
rates which shall apply to employees of the General Accounting 
Office and, except as provided in paragraph (3) of this subsection 
or section 5, the highest rate under such schedule shedl not 
exceed the highest rate of basic pay payable for GS-15 under the 
General Schedule; 
(2) except as provided in section 5, the pay of the employees of 
the General Accounting Office shall be adjusted at the same time 
and to the same extent as rates of basic pay are adjusted for the 
Gener£il Schedule; 
(3) such schedule may provide for rates which do not exceed the 
maximum rate payable for grade GS-18 of the General Schedule 
for up to one hundred employees, reduced by the number of 
employees who are in the Greneral Accounting Office Senior 
Executive Service established under section 5, except for em-
ployees in such service pursuant to section 5(a)(4); and 
(4) employees of the General Accounting Office shall be enti-
tled to grade and pay retention, consistent with the principles of 
subchapter VI of chapter 53 of title 5, United States Code. 
(d) The personnel sjnstem shall include a system for performance 
appraisals of employees of the (Jeneral Accounting Office which 
meets the requirements of section 4302 of title 5, United States Code. 
The personnel system shall provide that the Comptroller General has 
the same responsibility with respect to the performance appraised 
system under this subsection as the Office of Personnel Management 
has with respect to the performance appraisal systems under such 
section. The O)mptroller Greneral shall implement the performance 
system required by this subsection as soon as practicable, but not 
later than October 1,1981. 
(e) The personnel system shall provide for procedures to ensure 
that each employee of the Greneral Accounting Office has the right, 
freely and without fear of penalty or reprisal, to form, join, and assist 
an employee organization, or to refrain from such activitjr, and shall 
provide for a labor-management relations program, consistent with 
chapter 71 of title 5, United States C!ode. 
(f) The personnel system shall provide for the reduction in grade or 
removed of employees based on unacceptable performance consistent 
with section 4303 of title 5, United States Code, and the taking of 
other personnel actions consistent with chapter 75 of such title. 
(g)(1) The personnel system shall provide that all personnel actions 
affecting employees or applicants for employment in the Greneral 
Accounting Office shall be taken without regard to race, color, 
religion, age, sex, national origin, political affiliation, marital status, 
or handicapping condition. 
(2) The personnel system shall include a minority recruitment 
program consistent with section 7201 of title 5, United States Code. 
(3) Nothing in this Act shall be construed to abolish or diminish any 
right or remedy granted to employees of or applicants for employ-
ment in the General Accounting Office by section 717 of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e-16), by sections 12 and 15 of the 
Age Discrimination in Employment Act of 1967 (29 U.S.C. 631, 633a), 
by section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
206(d)), by sections 501 and 505 of the Rehabilitation Act of 1973 (29 
U.S.C. 791, 794a), or by any other law prohibiting discrimination in 
Federal employment on the basis of race, color, religion, age, sex, 
national origin, political affiliation, marital status, or handicapping 
condition; except that, with respect to employees and applicants for 
employment in the General Accounting Office, authorities granted 
thereunder to the Equal Emplojrment Opportunity .Commission, 
PUBLIC LAW 96-191—FEB. 15, 1980 
94 STAT. 29 
Office of Personnel Management, the Merit Systems Protection 
Board, or any other agency in the executive branch— 
(A) involving oversight and appeals, shall be exercised by the 
General Accounting Office Personnel Appeals Board established 
by section 4; and 
(B) involving other responsibilities, shall be exercised by the 
Comptroller General. 
(h) The personnel system shall provide procedures for the proces-
sing of complaints and grievances which are not otherwise provided 
for under subsections (e), (0, and (g). 
Complaints and 
grievances. 
GENERAL ACCOUNTING OFFICE PERSONNEL APPEALS BOARD 
SEC. 4. (a)(1) There is established within the General Accounting 
31 use 52-3. 
Office a board to be known as the General Accounting Office 
Personnel Appeals Board (hereinafter referred to as the "Board"). 
The Board shall be composed of five members appointed by the 
Comptroller General in accordance with this subsection. 
(2) Each appointment made by the Comptroller General under 
Appointments. 
paragraph (1) shall be made— 
(A) from a written list of candidates submitted to the Comp-
troller General by any organization eligible to make such a 
submission under paragraph (4); and 
(B) after consultation with organizations which represent 
employees of the General Accounting Office and with the 
member or members of each committee of the Congress having 
legislative jurisdiction over the personnel system who are desig-
nated by the chair of each such committee to consult with the 
Comptroller General. 
(3) An individual shall be eligible for appointment as a member of 
Eligibility. 
the Board only if such individual— 
(A) has a total of three years of full-time or part-time experi-
ence in the adjudication or arbitration of personnel matters; 
(B) is not a current or former officer or employee of the General 
Accounting Office; 
(C) has the demonstrated ability, background, training, and 
experience necessary to be especially qualified to serve as a 
member of the Board; and 
(D) demonstrates a capacity and willingness to devote suffi-
cient time to service as a member of the Board in order to enable 
the Board to dispose of cases under this section in a timely 
manner. 
(4) An organization shall be eligible to submit a list of candidates to 
the Comptroller General under paragraph (2)(A) if, in the opinion of 
the Comptroller General, the membership of the organization is 
composed primarily of individuals who are experienced in the adjudi-
cation or arbitration of personnel matters. The submission of any list 
under this paragraph shall be made in the form, at the time, and 
according to the procedures, which the Comptroller General may 
require. 
(b)(1) Except as provided in paragraph (2), members of the Board 
Terms of office, 
shall be appointed for terms of three years. 
(2) Of the members first appointed to the Board two shall be 
appointed for a term of three years, two shall be appointed for a term 
of two years, and one shall be appointed for a term of one year, as 
designated by the Comptroller General at the time of appointment. 
(3) Members of the Board shall not be eligible for reappointment. 
(4) Any vacancy in the membership of the Board shall be filled in Vacancies. 
the same manner as the original appointment. Any individual 
94 STAT. 30 
PUBLIC LAW 96-191—FEB. 15, 1980 
Removal 
procedures. 
Notice and 
hearing. 
Waiver. 
C!ompensation. 
5 u s e 5332 note. 
Chairperson. 
General Counsel. 
5 u s e 5332 note. 
Duties. 
Corrective or 
disciplinary 
action, Board 
authority. 
appointed to fill a vacancy shall serve only for the unexpired portion 
of the term with respect to which such vacancy has occurred, except 
that, if the unexpired portion is less than one year, the Comptroller 
General may appoint the individual for a term which is equal to three 
years plus that unexpired portion. 
(5) A member of the Board may continue to serve after the 
expiration of the term for which the member was appointed until a 
successor has taken office, except that the member may not so 
continue to serve for more than six months after the date on which 
the term for which the member was appointed otherwise would 
expire under this subsection. 
(cXD A member of the Board may be removed from the Board— 
(A) by majority vote of the members of the Board (other than 
the member who is the subject of the proposed action of removal); 
and 
(B) only for inefficiency, neglect of duty, or malfeasance in 
office. 
(2) Any member of the Board who is the subject of any proposed 
action of removal under this subsection shall be given notice and 
opportunity for a hearing before the Board prior to any vote of the 
members of the Board under paragraph (IXA). The Board may 
dispense with the opportunity for a hearing only upon the submission 
of a written waiver of the hearing to the Chair by the member subject 
to the proposed action. 
(d) Each member of the Board who is not otherwise employed by the 
United States Government shall receive compensation at a rate equal 
to the daily rate payable for GS-18 under the General Schedule under 
section 5332 of title 5, United States Code, including traveltime, for 
each day such member is engaged in the actual performance of duties 
as a member of the Board. A member of the Board who is an officer or 
employee of the United States Government shall serve without 
additional compensation. All members of the Board shall be entitled 
to travel expenses and per diem allowances in accordance with 
section 5703 of title 5, United States Code. 
(e) The members of the Board shall select from among the members 
of the Board a Chair who shall be the chief executive and administra-
tive officer of the Board. 
(fKl) The Chair shall select and the Comptroller General shall 
appoint an individual to serve as General Counsel of the Board 
(hereinafter referred to as the "General Counsel"). The General 
Counsel shall be eligible for reappointment and shall serve at the 
pleasure of the Chair. 
(2) The Chair shall fix the rate of pay of the General Counsel, 
except that the rate of pay shall not exceed the maximum rate 
payable for GS-15 of the General Schedule. 
(g) The General Counsel shall— 
(1) investigate any allegation concerning prohibited personnel 
practices referred to in section 3(bXlXB) of this Act to the extent 
necessary to determine whether there are reasonable grounds to 
believe that any such practice has occurred, exists, or is to be 
taken by any employee of the General Accounting Office; 
(2) investigate any allegation concerning prohibited political 
activities referred to in section 3(bXlXC) of this Act; 
(3) investigate matters under the jurisdiction of the Board if so 
requested by the Bo£ird or any member of the Board; and 
(4) otherwise assist the Board in canying out its functions, 
(h) The Board may consider, decide, and order corrective or disci-
plinary action (as appropriate) in cases arising from— 
(1) employee appeals concerning any removal, suspension for 
PUBLIC LAW 96-191—FEB. 15, 1980 
94 STAT. 31 
more than fourteen days, reduction in grade, reduction in pay, or 
furlough of thirty days or less; 
(2) prohibited personnel practices referred to in section 
3(b)(1)(B); 
(3) prohibited political activities referred to in section 3(b)(1)(C) 
of this Act; 
(4) determinations of appropriate units of employees for collec-
tive bargaining; 
(5) elections and certifications of collective bargaining repre-
sentatives; 
(6) any labor practice prohibited under the labor-management 
system established under section 3(e) and any other matter 
appealable to the Board under that system; 
(7) actions involving discrimination prohibited under section 
3(g); and 
(8) any other issue relating to the personnel of the General 
Accounting Office which the Comptroller General, by regulation, 
determines is most appropriately resolved by the Board. 
(i) The Comptroller General shall promptly implement any correc-
tive action ordered by the Board, in cases in which the Comptroller 
General has the authority to do so. 
(j) The Board shall have authority to designate a panel of its 
members, or an individual member, to take any action which the 
Board is authorized to take under subsection (h). Any decision made 
under subsection (h) by a panel or individual member designated 
under this subsection shall be considered to be a final decision of the 
Board unless the decision is reopened and reconsidered by the Board 
under subsection (k). 
(k) The Board may, on the motion of any party or on its own motion, 
reopen and reconsider any decision under subsection (h) within thirty 
days after the decision is rendered. 
(1)(1) Any fined decision of the Board (or of any panel or individual 
member designated under subsection 0")) under subsections (h) (1), (2), 
(3), (6) and (7) may be appealed to the United States Court of Appeals 
for the circuit in which the petitioner resides or to the United States 
Court of Appeals for the District of Columbia. Any appeal under this 
subsection shall be in accordance with the procedures of chapter 158 
of title 28, United States Code. Notwithstanding any other provision 
of law, any petition for review of a final decision of the Board shall be 
filed within thirty days after the date the petitioner receives notice of 
the final decision of the Board. 
(2) In any case filed under paragraph (1), the court shall review the 
record and set aside any agency action, findings, or conclusions found 
to be— 
(A) arbitrary, capricious, an abuse of discretion, or otherwise 
not in accordance with law; 
(B) obtained without procedures required by lavr, rule, or 
regulation having been followed; or 
(C) unsupported by substantial evidence, 
(m) The Board shall promulgate regulations— 
(1) providing for employee appeals, consistent with the princi-
ples of sections 7701 and 7702 of title 5, United States Code; and 
(2) establishing its operating procedure. 
Decisions, 
reconsideration. 
Appeal. 
28 u s e 2341 et 
seq. 
Case review. 
Regulations. 
GAO SENIOR EXECUTIVE SERVICE; MERIT PAY SYSTEM 
SEC. 5. (a)(1) The Comptroller General may promulgate regulations 
establishing a General Accounting Office Senior Executive Service 
(hereinafter referred to as the GAO Senior Executive Service) 
which— 
31 use 52-4. 
79-194 O-81-pt. 1 
6 : QL3 
94 STAT. 32 
PUBLIC LAW 96-191—FEB. 15, 1980 
5 use 3132. 
5 use 5382. 
5 use 4311. 
5 use 4507. 
5 use 3592. 
5 use 7543. 
5 use 5384. 
Exception. 
Merit pay 
system. 
(A) meets the requirements set forth in section 3131 of title 5, 
United States Code, for the Senior Executive Service; 
(B) provides that positions in the GAO Senior Executive 
Service meet requirements which are consistent with the provi-
sions of section 3132(a)(2) of such title; 
(C) provides rates of pay for the GAO Senior Executive Service 
which are not in excess of the maximum rate or less than the 
minimum rate of basic pay established for the Senior Executive 
Service under section 5382 of such title, and which are adjusted 
at the same time and to the same extent as rates of basic pay for 
the Senior Executive Service are adjusted; 
(D) provides a performance appraisal system for the GAO 
Senior Executive Service that conforms to the provisions of 
subchapter II of chapter 43 of such title; 
(E) permits the Comptroller General to award ranks to mem-
bers of the GAO Senior Executive Service consistent with the 
provisions applicable to the Office of Personnel Management and 
the President under section 4507 of such title; 
(F) provides for removal consistent with section 3592 of such 
title, and removal or suspension consistent with section 7543 of 
such title; and 
(G) permits the Comptroller General to pay performance 
awards to members of the GAO Senior Executive Service con-
sistent with the provisions applicable to performance awards 
under section 5384 of such title. 
(2) Except as otherwise provided in paragraph (1), the Comptroller 
General may make applicable for the GAO Senior Executive Service 
any of the provisions of title 5, United States Code, applicable to 
applicants for or members of the Senior Executive Service. 
(3) Employees in the GAO Senior Executive Service shall not be 
subject to the provisions of the personnel system established under 
section 3 (c), (d), (e) and (f). 
(4) The GAO Senior Executive Service may include positions 
referred to in— 
(A) section 203(c) of the Federal Legislative Salary Act of 1964 
(31 U.S.C. 51a); 
(B) section 203(i) of the Federal Legislative Sal^ary Act of 1964 
(31 U.S.C. 52b); and 
(C) section 204(d) of the Legislative Reorganization Act of 1970 
(31 U.S.C. 1154(d)). 
(b) The Comptroller General may promulgate regulations estab-
lishing a merit pay system for such employees of the General 
Accounting Office as the Comptroller General considers appropriate. 
The merit pay system shall be designed to carry out purposes 
consistent with those set forth in section 5401(a) of title 5, United 
States Code. 
NONCOMPETITIVE APPOINTMENTS; TECHNICAL ASSISTANCE 
31 use 52-5. 
SEC. 6. (a) Notwithstanding any other provision of law, any 
employee of the General Accounting Office who has completed at 
least one year of continuous service under a nontemporary appoint-
ment under the personnel system established pursuant to section 3 
acquires a competitive status for appointment to any position in the 
competitive service for which the employee possesses the required 
qualifications. 
(b) The Director of the Office of Personnel Management shall, on 
request from the Comptroller General, provide technical and con-
sulting services to the Comptroller General in the establishment of 
the personnel system for the General Accounting Office. 
PUBLIC LAW 96-191—FEB. 15, 1980 
94 STAT. 33 
COORDINATION WITH CERTAIN OTHER PROVISIONS OF LAW 
SEC. 7. (a) Except as provided under section 5(a)(4), nothing con- 3i use 52-6. 
tained in this Act shall be construed as repealing, amending, or 
otherwise affecting the provisions o
f
— 
(1) sections 302 and 303 of the Budget and Accounting Act, 1921 
(31 U.S.C. 42 and 43), or subsections (a) and (h) of section 203 of 
the Federal Legislative Salary Act of 1964 (31 U.S.C. 42a (a) and 
(b)); 
(2) section 203(c) of the Federal Legislative Salary Act of 1964 
(31U.S.C.51a); 
(3) section 203(i) of the Federal Legislative Salary Act of 1964 
(31 U.S.C. 52b); 
(4) section 204(d) of the Legislative Reorganization Act of 1970 
(31 U.S.C. 1154(d)); or 
(5) section 401 of the General Accounting Office Act of 1974 (31 
U.S.C. 52c). 
(b) Except as specifically provided in this Act, nothing contained in 
this Act shall be construed to repeal, amend, or limit the application 
of any provision of law applicable to employees of the General 
Accounting Office. 
TECHNICAL AND CONFORMING AMENDMENTS 
SEC. 8. (a) Section 2108(3) of title 5, United States Code, is amended 
by inserting "or the General Accounting Office" after "the Senior 
Executive Service". 
(b) Subsection 5102(aXl) of such title is amended by striking out 5 use 5102. 
"or" at the end of clause (vii), by inserting "or" at the end of clause 
(viii), and by adding at the end thereof the following: 
(ix) the General Accounting Office;". 
(cXD Paragraph (1) of section 5108(c) of such title is repealed. 5 use 5108. 
(2) Paragraphs (2), (3), and (4) of such section are redesignated 
paragraphs (1), (2), and (3), respectively. 
(d) Section 5342(aXl) of such title is amended by striking out "or" at 5 use 5342. 
the end of subparagraph (H), by inserting "or" at the end of subpara-
graph (I), and by adding at the end thereof the following: 
"(J) the General Accounting Office;". 
(eXD Subchapter III of chapter 73 of title 5, United States Code, is 
amended by adding at the end thereof the following new section: 
"§ 7328. General Accounting Office employees 
"The preceding provisions of this subchapter shall not apply to 
employees of the General Accounting Office.". 
(2) The chapter analysis for chapter 73 of title 5, United States 
Code, is amended by adding after the item relating to section 7327 the 
following new item: 
"7328. General Accounting Office employees.". 
(3) Subsections (a), (b), and (d) of section 311 of the Budget and 
Accounting Act, 1921 (31 U.S.C. 52) are amended to read as follows: 
"(a) The Comptroller General shall appoint, fix the pay of, and 
remove employees of the General Accounting Office under the 
General Accounting Office Personnel Act of 1980. 
"(b) All officers and employees of the General Accounting Office 
shall perform such duties as may be assigned to them by the 
Comptroller General.". 
(4) Subsections (e) and (f) of such section are redesignated subsec-
tions (c) and (d), respectively. 
(0 Section 13 of the Federal Employees Pay Act of 1946 (31 U.S.C. 
46a) is repealed. 
5 use 7328. 
eomptroUer 
General's 
authority. 
Ante, p. 27. 
Repeal. 
94 STAT. 34 
PUBLIC LAW 96-191—FEB. 15, 1980 
(g) Section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) 
is amended by striking out "(other than the General Accounting 
Office)". 
AUTHORIZATION 
31 use 52-7. 
SEC. 9. There are hereby authorized to be appropriated beginning 
fiscal year 1981 and for each fiscal year thereafter such sums as may 
be necessary to carry out the provisions of this Act. 
EFFECTIVE DATE 
31 use 52-1 
SEC. 10. (a) Except as provided in subsection (b), the provisions of 
'^o^^ 
this Act shall take effect on— 
(1) October 1,1980; or 
(2) if later, one hundred and twenty days after the date of the 
enactment of this Act. 
(b) The provisions of section 3 shall take effect on the date of the 
enactment of this Act, except the personnel system established by the 
Comptroller General under that section shall take effect on the 
effective date established by subsection (a). 
Approved February 15, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-494 (Comm. on Post Office and Oivil Service). 
SENATE REPORT No. 96-540 accompanying S. 1879 (eomm. on Governmental 
Affairs). 
eONGRESSIONAL REGORD: 
Vol. 125 (1979): Oct. 15, considered and passed House. 
Vol. 126 (1980): Jan. 25, S. 1879 considered and passed Senate. 
Jan. 30, Senate vitiated passage of S. 1879; H.R. 5176, amended, 
passed in lieu. 
Feb. 4, House concurred in Senate amendment.