Notes on 31 U.S.C. § 702 : US Code - Notes

Search Notes on 31 U.S.C. § 702 : US Code - Notes

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 887; Pub. L. 100-545,
Sec. 2(b), Oct. 28, 1988, 102 Stat. 2729; Pub. L. 108-271, Sec.
8(b), July 7, 2004, 118 Stat. 814.)
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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702(a) 31:41(1st sentence June 10, 1921, ch. 18, Sec.
less last 14 words, 301, 42 Stat. 23.
2d, 3d sentences).
702(b) 31:41(1st sentence
last 14 words).
31:42(a)(1st June 10, 1921, ch. 18, Sec.
sentence words 302(a)(1st sentence words
before comma). before 1st comma), 42 Stat.
23; Apr. 3, 1980, Pub. L.
96-226, Sec. 104(a), 94 Stat.
314.
31:1154(d)(1st Oct. 26, 1970, Pub. L. 91-510,
sentence). Sec. 204(d)(1st sentence), 84
Stat. 1168; restated July 12,
1974, Pub. L. 93-344, Sec.
702(a), 88 Stat. 326.
31:1155(a). Oct. 26, 1970, Pub. L. 91-510,
Sec. 205(a), 84 Stat. 1168.
702(c) 31:51-1. Jan. 2, 1975, Pub. L. 93-604,
Sec. 501(a), 88 Stat. 1962.
702(d) 31:41(last
sentence).
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In subsection (a), the words "instrumentality of the United
States Government" are substituted for "establishment of the
Government" for consistency. The words "created . . . to be" and
31:41(2d, 3d sentences) are omitted as executed.
Subsection (b) is substituted for 31:41(1st sentence last 14
words) and 42(a)(1st sentence words before comma) to eliminate
unnecessary words and for consistency. The word "Deputy" is
substituted for "Assistant" because of section 101 of the Act of
July 9, 1971 (Pub. L. 92-51, 85 Stat. 143). The text of
31:1154(d)(1st sentence) and 1155(a) is omitted as unnecessary
because the Comptroller General, as the head of the Office, has the
authority to establish constituent parts of the Office to carry out
duties and powers unless otherwise specified by law.
In subsection (c), the words "Administrator of General Services"
are substituted for "the head of any Federal agency which exercises
authority over such building" for clarity. The words "of the United
States" are omitted as surplus.
AMENDMENTS
2004 - Pub. L. 108-271 substituted "Government Accountability
Office" for "General Accounting Office" in section catchline and
subsec. (a).
1988 - Subsecs. (c), (d). Pub. L. 100-545 redesignated subsec.
(d) as (c) and struck out former subsec. (c) which directed
Administrator of General Services to provide Comptroller General
with space in General Accounting Office Building.
CHANGE OF NAME
Pub. L. 108-271, Sec. 8, July 7, 2004, 118 Stat. 814, provided
that:
"(a) In General. - The General Accounting Office is hereby
redesignated the Government Accountability Office.
"(b) References. - Any reference to the General Accounting Office
in any law, rule, regulation, certificate, directive, instruction,
or other official paper in force on the date of enactment of this
Act [July 7, 2004] shall be considered to refer and apply to the
Government Accountability Office."
TRANSFERS AND TERMINATIONS OF FUNCTIONS
Pub. L. 104-316, title I, Sec. 101(a)-(d), Oct. 19, 1996, 110
Stat. 3826, 3827, provided that:
"(a) In General. -
"(1) Functions transferred. - In any case in which a provision
of law authorizing the performance of a function by the
Comptroller General of the United States or the General
Accounting Office [now Government Accountability Office] is
amended by this title [see Tables for classification] to
substitute another Federal officer, employee, or agency in that
authorization, the authority under that provision to perform that
function is transferred to the other Federal officer, employee,
or agency.
"(2) Functions terminated. - In any case in which a provision
of law authorizing the performance of a function by the
Comptroller General of the United States or the General
Accounting Office [now Government Accountability Office] is
repealed by this Act [see Tables for classification], the
authority under that provision to perform that function is
terminated.
"(3) Delegation of functions. - The Director of the Office of
Management and Budget may delegate, in whole or in part, to any
other agency or agencies any function transferred to or vested in
the Director under section 103(d), 105(b), 116, or 202(n) of this
Act [amending section 3702 of this title, section 5584 of Title
5, Government Organization and Employees, section 2774 of Title
10, Armed Forces, and section 716 of Title 32, National Guard],
and may transfer to such agency or agencies any personnel, budget
authority, records, and property received by the Director
pursuant to subsection (b) of this section that relate to the
delegated functions.
"(b) Incidental Transfers. -
"(1) In general. - Incident to any transfer of authority under
subsection (a)(1), there shall be transferred to the recipient
Federal officer, employee, or agency such personnel, records,
budget authority, and property of the General Accounting Office
[now Government Accountability Office] as the Comptroller General
and the Director of the Office of Management and Budget jointly
determine to be necessary to effectuate the transfer.
"(2) Effect on personnel. - Personnel transferred under this
section shall not be separated or reduced in classification or
compensation for one year after any such transfer, except for
cause.
"(c) References. - With respect to any function or authority
transferred under this Act and exercised on or after the effective
date of that transfer, reference in any Federal law to the
Comptroller General or to any officer or employee of the General
Accounting Office [now Government Accountability Office] is deemed
to refer to the Federal officer or agency to which the function or
authority is transferred under this Act.
"(d) Savings Provisions. -
"(1) Orders and other official actions not affected. - All
orders, determinations, rules, regulations, permits, grants,
contracts, certificates, licenses, and privileges -
"(A) which have been issued, made, granted, or allowed to
become effective by the Comptroller General or any official of
the General Accounting Office [now Government Accountability
Office], or by a court of competent jurisdiction, in the
performance of any function or authority transferred under this
Act, and
"(B) which are in effect at the time of the transfer;
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with
law.
"(2) Pending matters and proceedings. - This Act shall not
affect any pending matters or proceedings, including notices of
proposed rulemaking, relating to a function or authority
transferred under this Act. Such matters or proceedings shall
continue under the authority of the agency to which the function
or authority is transferred until completed or terminated in
accordance with law.
"(3) Judicial proceedings and causes of actions. - No suit,
action, or other proceeding or cause of action relating to a
function or authority transferred under this Act shall abate by
reason of the enactment of this Act. If, before the date on which
a transfer of a function or authority this Act takes effect, the
Comptroller General of the United States or any officer or
employee of the General Accounting Office [now Government
Accountability Office] in their official capacity is party to a
suit relating to the function or authority, then such suit shall
be continued and the head of the agency to which the function or
authority is transferred, or other appropriate official of that
agency, shall be substituted or added as a party."