Page:United States Statutes at Large Volume 122.djvu/3566

 12 2 STA T .354 3 PUBLIC LA W 11 0– 323 — S E PT. 22 , 200 8SEC.4 . LUMP- SUM P AY ME NTFOR CERTA I N PERFORMANCE- B ASE D COMPENSATION. (a)INGE NE RAL.—Notl at er t h a n6m onth s a f ter the d ate of the ena c tment of th i s A ct , the C om p troller General shall, s ubj ect tothea v ailabilit y of appropriations, pay to each q ualified individual a lump - sum payment equal to the amount of performance-based compensation such individual w as denied for 20 06, as determined under subsection (b). (b) A MOU N T .— T he amount payable to a qualified individual under this section shall be equal to— ( 1 ) the total amount of performance-based compensation such individual would have earned for 2006 (determined by applyin g the Government Accountability O ffice ’ s performance- based compensation system under GAO Orders 2 54 0. 3 and 2540.4, as in effect in 2006) if such individual had not had a salary equal to or greater than the ma x imum for such individ- ual’s band (as further described in subsection (c)(2)), less (2) the total amount of performance-based compensation such individual was in fact granted, in J anuary 2006, for that year. (c) Q UAL IF IE D INDI V IDUAL.— F or purposes of this section, 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 Accountability Office, excluding— (A) an individual holding a position subject to section 7 32a or 733 of title 31, U nited S tates Code (disregarding section 732a(b) and 733(c) of such title) ( B ) a Federal W age System employee; and (C) an individual participating in a development pro- gram 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 individual’s pay band (determined in accordance with the orders cited in subsection (b)(1)). (d) EXC LU S IVE R EMED Y .—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 P ersonnel 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. (e) D EFINITIONS.—For purposes of this section— (1) the term ‘‘performance-based compensation’’ has the meaning given such term under the Government Accountability Office’s performance-based compensation system under GAO Orders 2540.3 and 2540.4, as in effect in 2006; and Deadlin e .31USC7 3 2 n ot e.

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