I 
110TH CONGRESS 
2D SESSION 
H. R. 5683 
To make certain reforms with respect to the Government Accountability 
Office, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 2, 2008 
Mr. DAVIS of Illinois (for himself, Mr. WAXMAN, and Ms. NORTON) introduced 
the following bill; which was referred to the Committee on Oversight and 
Government Reform 
A BILL 
To make certain reforms with respect to the Government 
Accountability Office, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CON-
TENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Government Accountability Office Act of 2008’’. 
(b) REFERENCES.—Except as otherwise expressly 
provided, whenever in this Act an amendment is expressed 
in terms of an amendment to a section or other provision, 
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as a percentage) taking effect under sections 5303 
and 5304–5304a of title 5 in such year with respect 
to General Schedule positions within the pay locality 
(as defined by section 5302(5) of title 5) in which 
the position of such officer or employee is located; 
‘‘(C) the term ‘covered officer or employee’, as 
used with respect to a pay increase, means any indi-
vidual— 
‘‘(i) who is an officer or employee of the 
Government Accountability Office, other than 
an officer or employee described in subpara-
graph (A), (B), or (C) of section 4(c)(1) of the 
Government Accountability Office Act of 2008, 
determined as of the effective date of such pay 
increase; and 
‘‘(ii) whose performance is at least at a 
satisfactory level, as determined by the Comp-
troller General under the provisions of sub-
section (c)(3) for purposes of the adjustment 
taking effect under such provisions in such 
year; and 
‘‘(D) the term ‘merit pay’ means any amount 
payable under section 731(b) which does not con-
stitute basic pay. 
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‘‘(2)(A) Notwithstanding any other provision of this 
chapter, if (disregarding this subsection) the pay increase 
that would otherwise take effect with respect to a covered 
officer or employee in a year would be less than the re-
quired minimum percentage for such officer or employee 
in such year, the Comptroller General shall provide for a 
further increase in the rate of basic pay of such officer 
or employee. 
‘‘(B) The further increase under this subsection— 
‘‘(i) shall be equal to the amount necessary to 
make up for the shortfall described in subparagraph 
(A); and 
‘‘(ii) shall take effect as of the same date as the 
pay increase otherwise taking effect in such year. 
‘‘(C) Nothing in this paragraph shall be considered 
to permit or require that a rate of basic pay be increased 
to an amount inconsistent with the limitation set forth in 
subsection (c)(2). 
‘‘(D) If (disregarding this subsection) the covered of-
ficer or employee would also have received any merit pay 
in such year, such merit pay shall be decreased by an 
amount equal to the portion of such officer’s or employee’s 
basic pay for such year which is attributable to the further 
increase described in subparagraph (A) (as determined by 
the Comptroller General), but to not less than zero. 
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‘‘(3) Notwithstanding any other provision of this 
chapter, the effective date of any pay increase taking ef-
fect with respect to a covered officer or employee in any 
year shall be the same as the effective date of any adjust-
ment taking effect under section 5303 of title 5 with re-
spect to statutory pay systems (as defined by section 
5302(1) of title 5) in such year.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply with respect to any pay increase 
(as defined by such amendment) taking effect on or after 
the date of the enactment of this Act. 
SEC. 3. PAY ADJUSTMENT RELATING TO CERTAIN PRE-
VIOUS YEARS. 
(a) APPLICABILITY.—This section applies in the case 
of any individual who, as of the date of the enactment 
of this Act, is an officer or employee of the Government 
Accountability Office, excluding— 
(1) an officer or employee described in subpara-
graph (A), (B), or (C) of section 4(c)(1); and 
(2) an officer or employee who received both a 
2.6 percent pay increase in January 2006 and a 2.4 
percent pay increase in February 2007. 
(b) PAY INCREASE DEFINED.—For purposes of this 
section, the term ‘‘pay increase’’, as used with respect to 
a year, means the total increase in rates of basic pay tak-
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ing effect under sections 731(b) and 732(c)(3) of title 31, 
United States Code, in such year. 
(c) PROSPECTIVE EFFECT.—Effective with respect to 
pay for service performed in any pay period beginning 
after the end of the 3-month period beginning on the date 
of the enactment of this Act (or such earlier date as the 
Comptroller General may specify), the rate of basic pay 
for each individual to whom this section applies shall be 
determined as if such individual had received both a 2.6 
percent pay increase for 2006 and a 2.4 percent pay in-
crease for 2007, subject to subsection (e). 
(d) PAYMENT FOR EARLIER PERIODS.—Not later 
than 4 months after the date of the enactment of this Act, 
the Comptroller General shall pay to each individual whose 
rate of basic pay is adjusted in accordance with subsection 
(c) a lump-sum payment. Subject to subsection (e), such 
lump-sum payment shall be equal to— 
(1) the total amount of basic pay that would 
have been paid to the individual, for service per-
formed during the period beginning on the effective 
date of the pay increase for 2006 and ending on the 
day before the effective date of the pay adjustment 
under subsection (c), if such individual had received 
both a 2.6 percent pay increase for 2006 and a 2.4 
percent pay increase for 2007, minus 
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(2) the total amount of basic pay that was in 
fact paid to the individual for service performed dur-
ing the period described in paragraph (1). 
(e) CONDITIONS.—Nothing in subsection (c) or (d) 
shall be considered to permit or require— 
(1) the payment of any rate (or lump-sum 
amount based on a rate) for any pay period, to the 
extent that that rate would be (or would have been) 
inconsistent with the limitation that applies (or that 
applied) with respect to such pay period under sec-
tion 732(c)(2) of title 31, United States Code; or 
(2) the payment of any rate or amount based 
on the pay increase for 2006 or 2007 (as the case 
may be), if the performance of the officer or em-
ployee involved was not at a satisfactory level, as de-
termined by the Comptroller General under para-
graph (3) of section 732(c) of such title 31 for pur-
poses of the adjustment under such paragraph for 
that year. 
(f) RETIREMENT.— 
(1) IN GENERAL.—The lump-sum payment paid 
under subsection (d) to an officer or employee shall, 
for purposes of any determination of the average pay 
(as defined by section 8331 or 8401 of title 5, 
United States Code) which is used to compute an 
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annuity under subchapter III of chapter 83 or chap-
ter 84 of such title— 
(A) be treated as basic pay (as defined by 
section 8331 or 8401 of such title); and 
(B) be allocated to the biweekly pay peri-
ods covered by subsection (d). 
(2) CONTRIBUTIONS.—Notwithstanding section 
8334, 8422, 8423, or any other provision of title 5, 
United States Code, no employee or agency contribu-
tion shall be required for purposes of this subsection. 
(g) AVAILABILITY OF FUNDS.—Notwithstanding sec-
tion 1502 of title 31, United States Code, or any other 
provision of law limiting the availability of funds to a given 
fiscal year, the unobligated balances of expired ‘‘Salaries 
and Expenses’’ appropriations of the Government Ac-
countability Office are available to the Comptroller Gen-
eral for the purpose of making lump-sum payments under 
this section until such time as the expired appropriations 
accounts are closed and the appropriations are cancelled 
pursuant to section 1552 of such title. 
(h) EXCLUSIVE REMEDY.—This section constitutes 
the exclusive remedy that any individuals to whom this 
section applies (as described in subsection (a)) have for 
any claim that they are owed any monies denied to them 
in the form of a pay increase for 2006 or 2007 under sec-
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tion 732(c)(3) of title 31, United States Code, or any 
other law. Notwithstanding any other provision of law, no 
court or administrative body, including the Government 
Accountability Office Personnel Appeals Board, shall have 
jurisdiction to entertain any civil action or other civil pro-
ceeding based on the claim of such individuals that they 
were due money in the form of a pay increase for 2006 
or 2007 pursuant to such section 732(c)(3) or any other 
law. 
SEC. 4. LUMP-SUM PAYMENT FOR CERTAIN MERIT PAY. 
(a) IN GENERAL.—Not later than 4 months after the 
date of the enactment of this Act, the Comptroller General 
shall pay to each qualified individual a lump-sum payment 
equal to the amount of merit pay such individual was de-
nied for 2006, as determined under subsection (b). 
(b) AMOUNT.—The amount payable to a qualified in-
dividual under this section shall be equal to— 
(1) the total amount of merit pay such indi-
vidual would have earned for 2006 (determined by 
applying the Government Accountability Office’s per-
formance-based compensation system under GAO 
Orders 2540.3 and 2540.4, as in effect for increases 
effective in 2006) if such individual had not had a 
salary equal to or greater than the maximum for 
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such individual’s band (as further described in sub-
section (c)(2)), less 
(2) the total amount of merit pay such indi-
vidual in fact was paid in January 2006. 
(c) QUALIFIED INDIVIDUAL.—For purposes of this 
section, the term ‘‘qualified individual’’ means an indi-
vidual who— 
(1) as of the date of the enactment of this Act, 
is an officer or employee of the Government Ac-
countability Office, excluding— 
(A) an individual holding a position subject 
to section 732a or 733 of title 31, United 
States Code (disregarding section 732a(b) and 
733(c) of such title); 
(B) a Federal Wage System employee; and 
(C) an individual participating in a devel-
opment program under which such individual 
receives performance appraisals, and is eligible 
to receive permanent merit pay increases, more 
than once a year; and 
(2) as of January 22, 2006, was a Band I staff 
member with a salary above the Band I cap, a Band 
IIA staff member with a salary above the Band IIA 
cap, or an administrative professional or support 
staff member with a salary above the cap for that 
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individual’s pay band (determined in accordance 
with the orders cited in subsection (b)(1)). 
(d) AVAILABILITY OF FUNDS.—Notwithstanding sec-
tion 1502 of title 31, United States Code, or any other 
provision of law limiting the availability of funds to a given 
fiscal year, the unobligated balances of expired ‘‘Salaries 
and Expenses’’ appropriations of the Government Ac-
countability Office are available to the Comptroller Gen-
eral for the purpose of making lump-sum payments under 
this section until such time as the expired appropriations 
accounts are closed and the appropriations are cancelled 
pursuant to section 1552 of such title. 
(e) EXCLUSIVE REMEDY.—This section constitutes 
the exclusive remedy that any officers and employees (as 
described in subsection (c)) have for any claim that they 
are owed any monies denied to them in the form of merit 
pay for 2006 under section 731(b) of title 31, United 
States Code, or any other law. Notwithstanding any other 
provision of law, no court or administrative body in the 
United States, including the Government Accountability 
Office Personnel Appeals Board, shall have jurisdiction to 
entertain any civil action or other civil proceeding based 
on the claim of such officers or employees that they were 
due money in the form of merit pay for 2006 pursuant 
to such section 731(b) or any other law. 
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(f) DEFINITIONS.—For purposes of this section— 
(1) the term ‘‘merit pay’’ means any amount 
payable under section 731(b) of title 31, United 
States Code, which does not constitute basic pay; 
and 
(2) the term ‘‘permanent merit pay increase’’ 
means an increase under section 731(b) of title 31, 
United States Code, in a rate of basic pay. 
SEC. 5. INSPECTOR GENERAL. 
(a) IN GENERAL.—Subchapter I of chapter 7 is 
amended by adding at the end the following: 
‘‘§ 705. Inspector General for the Government Ac-
countability Office 
‘‘(a) ESTABLISHMENT OF OFFICE.—There is estab-
lished an Office of the Inspector General in the Govern-
ment Accountability Office, to— 
‘‘(1) conduct and supervise audits consistent 
with generally accepted government auditing stand-
ards and investigations relating to the Government 
Accountability Office; 
‘‘(2) provide leadership and coordination and 
recommend policies, to promote economy, efficiency, 
and effectiveness in the Government Accountability 
Office; and 
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‘‘(3) keep the Comptroller General and Con-
gress fully and currently informed concerning fraud 
and other serious problems, abuses, and deficiencies 
relating to the administration of programs and oper-
ations of the Government Accountability Office. 
‘‘(b) APPOINTMENT, SUPERVISION, AND REMOVAL.— 
‘‘(1) The Office of the Inspector General shall 
be headed by an Inspector General, who shall be ap-
pointed by the Comptroller General without regard 
to political affiliation and solely on the basis of in-
tegrity and demonstrated ability in accounting, au-
diting, financial analysis, law, management analysis, 
public administration, or investigations. The Inspec-
tor General shall report to, and be under the general 
supervision of, the Comptroller General. 
‘‘(2) The Inspector General may be removed 
from office by the Comptroller General. The Comp-
troller General shall, promptly upon such removal, 
communicate in writing the reasons for any such re-
moval to each House of Congress. 
‘‘(c) AUTHORITY OF INSPECTOR GENERAL.—In addi-
tion to the authority otherwise provided by this section, 
the Inspector General, in carrying out the provisions of 
this section, may— 
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section, which oath, affirmation, or affidavit when 
administered or taken by or before an employee of 
the Office of Inspector General designated by the In-
spector General shall have the same force and effect 
as if administered or taken by or before an officer 
having a seal; 
‘‘(6) have direct and prompt access to the 
Comptroller General when necessary for any purpose 
pertaining to the performance of functions and re-
sponsibilities under this section; 
‘‘(7) report expeditiously to the Attorney Gen-
eral whenever the Inspector General has reasonable 
grounds to believe there has been a violation of Fed-
eral criminal law; and 
‘‘(8) provide copies of all reports to the Audit 
Advisory Committee of the Government Account-
ability Office and provide such additional informa-
tion in connection with such reports as is requested 
by the Committee. 
‘‘(d) COMPLAINTS BY EMPLOYEES.— 
‘‘(1) The Inspector General— 
‘‘(A) subject to subparagraph (B), may re-
ceive, review, and investigate, as the Inspector 
General considers appropriate, complaints or in-
formation from an employee of the Government 
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Accountability Office concerning the possible 
existence of an activity constituting a violation 
of any law, rule, or regulation, mismanagement, 
or a gross waste of funds; and 
‘‘(B) shall refer complaints or information 
concerning violations of personnel law, rules, or 
regulations to established investigative and ad-
judicative entities of the Government Account-
ability Office. 
‘‘(2) The Inspector General shall not, after re-
ceipt of a complaint or information from an em-
ployee, disclose the identity of the employee without 
the consent of the employee, unless the Inspector 
General determines such disclosure is unavoidable 
during the course of the investigation. 
‘‘(3) Any employee who has authority to take, 
direct others to take, recommend, or approve any 
personnel action, shall not, with respect to such au-
thority, take or threaten to take any action against 
any employee as a reprisal for making a complaint 
or disclosing information to the Inspector General, 
unless the complaint was made or the information 
disclosed with the knowledge that it was false or 
with willful disregard for its truth or falsity. 
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‘‘(e) SEMIANNUAL REPORTS.—(1) The Inspector 
General shall submit semiannual reports summarizing the 
activities of the Office of the Inspector General to the 
Comptroller General. Such reports shall include, but need 
not be limited to— 
‘‘(A) a summary of each significant report 
made during the reporting period, including a de-
scription of significant problems, abuses, and defi-
ciencies disclosed by such report; 
‘‘(B) a description of the recommendations for 
corrective action made with respect to significant 
problems, abuses, or deficiencies described pursuant 
to subparagraph (A); 
‘‘(C) a summary of the progress made in imple-
menting such corrective action described pursuant to 
subparagraph (B); and 
‘‘(D) information concerning any disagreement 
the Comptroller General has with a recommendation 
of the Inspector General. 
‘‘(2) The Comptroller General shall transmit the 
semiannual reports of the Inspector General, together with 
any comments the Comptroller General considers appro-
priate, to Congress within 30 days after receipt of such 
reports. 
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‘‘(f) INDEPENDENCE IN CARRYING OUT DUTIES AND 
RESPONSIBILITIES.—The Comptroller General may not 
prevent or prohibit the Inspector General from carrying 
out any of the duties or responsibilities of the Inspector 
General under this section. 
‘‘(g) AUTHORITY FOR STAFF.— 
‘‘(1) IN
GENERAL.—The Inspector General 
shall select, appoint, and employ such personnel as 
may be necessary to carry out this section consistent 
with the provisions of this title governing selections, 
appointments, and employment in the Government 
Accountability Office. Such personnel shall be ap-
pointed, promoted, and assigned only on the basis of 
merit and fitness, but without regard to those provi-
sions of title 5 governing appointments and other 
personnel actions in the competitive service, except 
that no personnel of the Office may be paid at an 
annual rate greater than $1,000 less than the an-
nual rate of pay of the Inspector General. 
‘‘(2) EXPERTS
AND
CONSULTANTS.—The In-
spector General may procure temporary and inter-
mittent services under section 3109 of title 5 at 
rates not to exceed the daily equivalent of the annual 
rate of basic pay for level V of the Executive Sched-
ule under section 5315 of such title. 
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‘‘(3) INDEPENDENCE IN APPOINTING STAFF.— 
No individual may carry out any of the duties or re-
sponsibilities of the Office of the Inspector General 
unless the individual is appointed by the Inspector 
General, or provides services obtained by the Inspec-
tor General, pursuant to this paragraph. 
‘‘(4) LIMITATION ON PROGRAM RESPONSIBIL-
ITIES.—The Inspector General and any individual 
carrying out any of the duties or responsibilities of 
the Office of the Inspector General are prohibited 
from performing any program responsibilities. 
‘‘(h) OFFICE SPACE.—The Comptroller General shall 
provide the Office of the Inspector General— 
‘‘(1) appropriate and adequate office space; 
‘‘(2) such equipment, office supplies, and com-
munications facilities and services as may be nec-
essary for the operation of the Office of the Inspec-
tor General; 
‘‘(3) necessary maintenance services for such 
office space, equipment, office supplies, and commu-
nications facilities; and 
‘‘(4) equipment and facilities located in such of-
fice space. 
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‘‘(i) DEFINITION.—As used in this section, the term 
‘Federal agency’ means a department, agency, instrumen-
tality, or unit thereof, of the Federal Government.’’. 
(b) INCUMBENT.—The individual who serves in the 
position of Inspector General of the Government Account-
ability Office on the date of the enactment of this Act shall 
continue to serve in such position subject to removal in 
accordance with the amendments made by this section. 
(c) CLERICAL AMENDMENT.—The table of sections 
for chapter 7 is amended by inserting after the item relat-
ing to section 704 the following: 
‘‘705. Inspector General for the Government Accountability Office.’’. 
SEC. 6. ADMINISTERING OATHS. 
Section 711(4) is amended by striking ‘‘when audit-
ing and settling accounts’’. 
SEC. 7. COMPTROLLER GENERAL REPORTS. 
Section 719 is amended— 
(1) in subsection (b)(1)(B), by striking ‘‘and’’ 
at the end; 
(2) in subsection (b)(1)(C), by striking the pe-
riod at the end and inserting ‘‘; and’’; 
(3) by adding at the end of subsection (b)(1) 
the following: 
‘‘(D) for agencies subject to sections 901 and 
other agencies designated by the Comptroller Gen-
eral, an assessment of their overall degree of co-
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operation in making personnel available for inter-
view, providing written answers to questions, submit-
ting to an oath authorized by the Comptroller Gen-
eral under section 711, granting access to records, 
providing timely comments to draft reports, adopting 
recommendations in reports and responding to such 
other matters as the Comptroller General deems ap-
propriate in carrying out his duties under authority 
of sections 711–720 or any other provisions of law.’’; 
(4) in subsection (c)(2)(B), by striking ‘‘and’’ 
at the end; 
(5) in subsection (c)(3), by striking the period 
at the end and inserting ‘‘; and’’; and 
(6) by adding at the end of subsection (c) the 
following: 
‘‘(4) as soon as practicable when an agency 
does not, within a reasonable time of a request by 
the Comptroller General, make personnel available 
for interview, provide written answers to questions, 
grant access to records, or submit to an oath au-
thorized by the Comptroller General under sections 
711–720 or any other provisions of law.’’. 
SEC. 8. REIMBURSEMENT OF AUDIT COSTS. 
(a) IN GENERAL.—Section 3521 is amended by add-
ing at the end the following: 
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‘‘(i)(1) Any executive agency or component thereof 
that prepares an audited financial statement under section 
3515 shall reimburse the Government Accountability Of-
fice the cost of any audit of the financial statements (or 
any part thereof) and related schedules of such agency or 
component performed by the Comptroller General. 
‘‘(2) Reimbursements required by paragraph (1) shall 
be credited to the appropriation account ‘Salaries and Ex-
penses, Government Accountability Office’ current when 
the reimbursement is received and shall remain available 
until expended.’’. 
(b) CONFORMING AMENDMENT.—Section 1401 of 
title I of Public Law 108–83 (31 U.S.C. 3521 note) is 
repealed. 
(c) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on October 
1, 2009. 
SEC. 9. FINANCIAL DISCLOSURE REQUIREMENTS. 
Section 109(13)(B) of the Ethics in Government Act 
of 1978 (5 U.S.C. App.) is amended— 
(1) in clause (i), by inserting ‘‘(except any offi-
cer or employee of the Government Accountability 
Office)’’ after ‘‘legislative branch’’, and by striking 
‘‘and’’ at the end; 
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(2) by redesignating clause (ii) as clause (iii); 
and 
(3) by inserting after clause (i) the following: 
‘‘(ii) each officer or employee of the Gov-
ernment Accountability Office who, for at least 
60 consecutive days, occupies a position for 
which the rate of basic pay, minus the amount 
of locality pay authorized under section 5304 of 
title 5, United States Code, for the locality 
within which the position of such officer or em-
ployee is located (as determined by the Comp-
troller General), is equal to or greater than 120 
percent of the minimum rate of basic pay pay-
able for GS–15 of the General Schedule; and’’. 
SEC. 10. HIGHEST BASIC PAY RATE. 
Section 732(c)(2) is amended by striking ‘‘highest 
basic rate for GS–15;’’ and inserting ‘‘rate for level III 
of the Executive Level, except that the total amount of 
cash compensation in any year shall be subject to the limi-
tations provided under section 5307(a)(1) of title 5;’’. 
SEC. 11. ADDITIONAL AUTHORITIES. 
(a) IN GENERAL.—Section 731 is amended— 
(1) by repealing subsection (d); 
(2) in subsection (e)— 
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(A) in the matter before paragraph (1), by 
striking ‘‘maximum daily rate for GS–18 under 
section 5332 of such title’’ and inserting ‘‘daily 
rate for level IV of the Executive Schedule’’; 
and 
(B) by striking ‘‘more than—’’ and all that 
follows and inserting the following: ‘‘more than 
20 experts and consultants may be procured for 
terms of not more than 3 years, but which shall 
be renewable.’’; and 
(3) by adding at the end the following: 
‘‘(j) Funds appropriated to the Government Account-
ability Office for salaries and expenses are available for 
meals and other related reasonable expenses incurred in 
connection with recruitment.’’. 
(b) 
CONFORMING
AMENDMENTS.—(1) 
Section 
732a(b) is amended by striking ‘‘section 731(d), (e)(1), 
or (e)(2)’’ and inserting ‘‘paragraph (1) or (2) of section 
731(e)’’. 
(2) Section 733(c) is amended by striking ‘‘(d),’’. 
(3) Section 735(a) is amended by striking ‘‘731(c)– 
(e),’’ and inserting ‘‘731(c) and (e),’’. 
SEC. 12. VOLUNTARY SEPARATION INCENTIVE PAYMENTS. 
Section 2 of Public Law 106–303 (5 U.S.C. 5597 
note) is amended— 
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(1) in subsection (b)(1), by striking ‘‘subsection 
(a)(2)(D)’’ and inserting ‘‘subsections (a)(2)(D), 
(c)(2)(D), and (d)’’, 
(2) in subsection (b)(4), by inserting ‘‘and’’ at 
the end; 
(3) in subsection (b)(5), by striking the semi-
colon at the end and inserting a period; 
(4) by striking paragraphs (6) and (7) of sub-
section (b); 
(5) by repealing subsection (c); 
(6) in subsection (d)— 
(A) in the subsection heading, by striking 
‘‘DEFINITIONS’’ and inserting ‘‘DEFINITION’’; 
(B) by striking paragraph (1) and the 
matter in paragraph (2) before ‘‘As used’’; and 
(C) by running in (after the em-dash in 
the subsection heading) the text of paragraph 
(2) (as amended by subparagraph (B)); and 
(7) in the first sentence of subsection (f), by 
striking ‘‘, excluding subsection (c)’’. 
Æ 
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