IB 
Union Calendar No. 422 
110TH CONGRESS 
2D SESSION 
H. R. 5683 
[Report No. 110–671] 
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 
MAY 22, 2008 
Additional sponsors: Mr. FATTAH, Mr. WYNN, Mrs. JONES of Ohio, Mr. 
HASTINGS of Florida, Mrs. CHRISTENSEN, and Mr. FILNER 
MAY 22, 2008 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on April 2, 2008] 
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, 
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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 pro-
vided, whenever in this Act an amendment is expressed in 
terms of an amendment to a section or other provision, the 
reference shall be considered to be made to a section or other 
provision of title 31, United States Code. 
(c) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; references; table of contents. 
Sec. 2. Provisions relating to future annual pay adjustments. 
Sec. 3. Pay adjustment relating to certain previous years. 
Sec. 4.
Lump-sum payment for certain performance-based compensation. 
Sec. 5. Inspector General. 
Sec. 6. Administering oaths. 
Sec. 7. Comptroller General reports. 
Sec. 8. Reimbursement of audit costs. 
Sec. 9. Financial disclosure requirements. 
Sec. 10. Highest basic pay rate. 
Sec. 11. Additional authorities. 
Sec. 12. Basic pay for retirement. 
SEC. 2. PROVISIONS RELATING TO FUTURE ANNUAL PAY 
ADJUSTMENTS. 
(a) IN GENERAL.—Section 732 is amended by adding 
at the end the following: 
‘‘(j)(1) For purposes of this subsection— 
‘‘(A) the term ‘pay increase’, as used with re-
spect to an officer or employee in connection with a 
year, means the total increase in the rate of basic pay 
(expressed as a percentage) of such officer or em-
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ployee, taking effect under section 731(b) and sub-
section (c)(3) in such year; 
‘‘(B) the term ‘required minimum percentage’, as 
used with respect to an officer or employee in connec-
tion with a year, means the percentage equal to the 
total increase in rates of basic pay (expressed 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 po-
sition 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 subparagraph 
(A), (B), or (C) of section 4(c)(1) of the Govern-
ment Accountability Office Act of 2008, deter-
mined as of the effective date of such pay in-
crease; and 
‘‘(ii) whose performance is at least at a sat-
isfactory level, as determined by the Comptroller 
General under the provisions of subsection (c)(3) 
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for purposes of the adjustment taking effect 
under such provisions in such year; and 
‘‘(D) the term ‘nonpermanent merit pay’ means 
any amount payable under section 731(b) which does 
not constitute basic pay. 
‘‘(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 required 
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 sub-
section (c)(2). 
‘‘(D) If (disregarding this subsection) the covered offi-
cer or employee would also have received any nonpermanent 
merit pay in such year, such nonpermanent merit pay shall 
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be decreased by an amount equal to the portion of such offi-
cer’s or employee’s basic pay for such year which is attrib-
utable to the further increase described in subparagraph (A) 
(as determined by the Comptroller General), but to not less 
than zero. 
‘‘(3) Notwithstanding any other provision of this chap-
ter, the effective date of any pay increase (within the mean-
ing of paragraph (1)(A)) taking effect with respect to a cov-
ered officer or employee in any year shall be the same as 
the effective date of any adjustment taking effect under sec-
tion 5303 of title 5 with respect 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 Ac-
countability Office, excluding— 
(1) an officer or employee described in subpara-
graph (A), (B), or (C) of section 4(c)(1); and 
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(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 
an officer or employee in connection with a year, means 
the total increase in the rate of basic pay (expressed as a 
percentage) of such officer or employee, taking 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 Comp-
troller 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 increase for 2007, 
subject to subsection (e). 
(d) LUMP-SUM PAYMENT.—Not later than 6 months 
after the date of the enactment of this Act, the Comptroller 
General shall, subject to the availability of appropriations, 
pay to each individual to whom this section applies a lump- 
sum payment. Subject to subsection (e), such lump-sum 
payment shall be equal to— 
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(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) (or, if earlier, the date on which 
the individual retires or otherwise ceases to be em-
ployed by the Government Accountability Office), if 
such individual had received both a 2.6 percent pay 
increase for 2006 and a 2.4 percent pay increase for 
2007, minus 
(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). 
Eligibility for a lump-sum payment under this subsection 
shall be determined solely on the basis of whether an indi-
vidual satisfies the requirements of subsection (a) (to be con-
sidered an individual to whom this section applies), and 
without regard to such individual’s employment status as 
of any date following the date of the enactment of this Act 
or any other factor. 
(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 
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extent that such 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— 
(A) the performance of the officer or em-
ployee involved was not at a satisfactory level, as 
determined by the Comptroller General under 
paragraph (3) of section 732(c) of such title 31 
for purposes of the adjustment under such para-
graph for that year; or 
(B) the individual involved was not an offi-
cer or employee of the Government Account-
ability Office on the date as of which that in-
crease took effect. 
As used in paragraph (2)(A), the term ‘‘satisfactory’’ in-
cludes a rating of ‘‘meets expectations’’ (within the meaning 
of the performance appraisal system used for purposes of 
the adjustment under section 732(c)(3) of such title 31 for 
the year involved). 
(f) RETIREMENT.— 
(1) IN GENERAL.—The lump-sum payment paid 
under subsection (d) to an officer or employee shall, 
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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 annuity 
under subchapter III of chapter 83 or chapter 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 periods 
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) 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 section 732(c)(3) 
of title 31, United States Code, or any other law. Notwith-
standing any other provision of law, no court or adminis-
trative body, including the Government Accountability Of-
fice Personnel Appeals Board, shall have jurisdiction to en-
tertain any civil action or other civil proceeding based on 
the claim of such individuals that they were due money in 
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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 PERFORMANCE- 
BASED COMPENSATION. 
(a) IN GENERAL.—Not later than 6 months after the 
date of the enactment of this Act, the Comptroller General 
shall, subject to the availability of appropriations, pay to 
each qualified individual a lump-sum payment equal to the 
amount of performance-based compensation such individual 
was denied 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 performance-based com-
pensation such individual would have earned for 
2006 (determined by applying the Government Ac-
countability Office’s performance-based compensation 
system under GAO Orders 2540.3 and 2540.4, as in 
effect in 2006) if such individual had not had a sal-
ary equal to or greater than the maximum for such 
individual’s band (as further described in subsection 
(c)(2)), less 
(2) the total amount of performance-based com-
pensation such individual was in fact granted, in 
January 2006, for that year. 
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(c) QUALIFIED INDIVIDUAL.—For purposes of this sec-
tion, the term ‘‘qualified individual’’ means an individual 
who— 
(1) as of the date of the enactment of this Act, 
is an officer or employee of the Government Account-
ability 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 in-
dividual’s pay band (determined in accordance with 
the orders cited in subsection (b)(1)). 
(d) EXCLUSIVE REMEDY.—This section constitutes the 
exclusive remedy that any officers and employees (as de-
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