Anti-Deficiency Reform and Enforcement Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 1203 To strengthen and enhance the authority to discipline officers and employees of the Federal Government for violating the Anti-Deficiency Act, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 13, 2019 Mr. MITCHELL introduced the following bill; which was referred to the Committee on Oversight and Reform A BILL To strengthen and enhance the authority to discipline officers and employees of the Federal Government for violating the Anti-Deficiency Act, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Anti-Deficiency Re- 4 form and Enforcement Act of 2019’’. 5 SEC. 2. ADVERSE ACTIONS FOR VIOLATIONS OF THE ANTI- 6 DEFICIENCY ACT. 7 (a) EXPENDING OR OBLIGATING AMOUNTS; VOL- 8 UNTARY SERVICES.— 9 VerDate Sep 11 2014 21:48 Feb 27, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1203.IH H1203 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 1203 IH (1) IN GENERAL.—Section 1349 of title 31, 1 United States Code, is amended— 2 (A) in subsection (a), by striking ‘‘An offi- 3 cer’’ and inserting ‘‘Consistent with the require- 4 ments of subsections (b) and (c), an officer’’; 5 and 6 (B) by striking subsection (b) and insert- 7 ing the following: 8 ‘‘(b)(1) The head of an agency shall remove, or in 9 the case of a temporary or probationary employee, termi- 10 nate the employment of, an officer or employee of the 11 United States Government if the head determines that 12 such officer or employee knowingly violated section 13 1341(a) or 1342, as described under paragraph (2). 14 ‘‘(2) An officer or employee of the United States Gov- 15 ernment who committed an act in violation of section 16 1341(a) or 1342 did so knowingly if such officer or em- 17 ployee— 18 ‘‘(A) acted with actual knowledge that his or 19 her actions would violate section 1341(a) or 1342; or 20 ‘‘(B) acted in reckless disregard of whether his 21 or her actions would violate section 1341(a) or 1342. 22 ‘‘(c)(1) The head of an agency shall take an appro- 23 priate adverse action against an officer or employee of the 24 United States Government for a violation of section 25 VerDate Sep 11 2014 21:48 Feb 27, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1203.IH H1203 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 1203 IH 1341(a) or 1342 if the head determines that the failure 1 of such officer or employee to exercise reasonable care in 2 carrying out his or her duties led to such violation. 3 ‘‘(2) An appropriate adverse action under this sub- 4 section shall be removal (or termination in the case of a 5 temporary or probationary employee), demotion, or sus- 6 pension. 7 ‘‘(d) An officer or employee who willfully uses or au- 8 thorizes the use of a passenger motor vehicle or aircraft 9 owned or leased by the United States Government (except 10 for an official purpose authorized by section 1344) or oth- 11 erwise violates section 1344 shall be suspended without 12 pay by the head of the agency. The officer or employee 13 shall be suspended for at least one month, and when cir- 14 cumstances warrant, for a longer period or removed from 15 office.’’. 16 (2) REPORTS.—Section 1351 of title 31, United 17 States Code, is amended— 18 (A) by striking ‘‘If an officer’’ and insert- 19 ing ‘‘(a) If an officer’’; 20 (B) by inserting after ‘‘actions taken’’ the 21 following: ‘‘, including, with respect to an offi- 22 cer or employee of the United States Govern- 23 ment, whether the violation was committed 24 knowingly (as described in section 1349(b)) or 25 VerDate Sep 11 2014 21:48 Feb 27, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1203.IH H1203 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 1203 IH whether a failure to exercise reasonable care in 1 carrying out duties led to the violation’’; 2 (C) by striking ‘‘Congress’’ each place it 3 appears and inserting ‘‘the appropriate congres- 4 sional committees’’; and 5 (D) by adding at the end the following: 6 ‘‘(b) In this section, the term ‘appropriate congres- 7 sional committees’ means the Committee on Oversight and 8 Reform of the House of Representatives and the Com- 9 mittee on Homeland Security and Governmental Affairs 10 of the Senate.’’. 11 (b) APPORTIONMENT.— 12 (1) IN GENERAL.—Section 1518 of title 31, 13 United States Code, is amended— 14 (A) by striking ‘‘An officer’’ and inserting 15 ‘‘(a) Consistent with the requirements of sub- 16 sections (b) and (c), an officer’’; and 17 (B) by adding at the end the following: 18 ‘‘(b)(1) The head of an agency shall remove, or in 19 the case of a temporary or probationary employee, termi- 20 nate the employment of, an officer or employee of the 21 United States Government if the head determines that 22 such officer or employee knowingly made, authorized, or 23 involved the Government in a contract, obligation, or ex- 24 VerDate Sep 11 2014 21:48 Feb 27, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1203.IH H1203 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 1203 IH penditure in violation of section 1517(a), as described 1 under paragraph (2). 2 ‘‘(2) An officer or employee of the United States Gov- 3 ernment who committed an act in violation of section 4 1517(a) did so knowingly if such officer or employee— 5 ‘‘(A) acted with actual knowledge that his or 6 her actions would violate section 1517(a); or 7 ‘‘(B) acted in reckless disregard of whether his 8 or her actions would violate section 1517(a). 9 ‘‘(c)(1) The head of an agency shall take an appro- 10 priate adverse action against an officer or employee of the 11 United States Government for a violation of section 12 1517(a) if the head determines that the failure of such 13 officer or employee to exercise reasonable care in carrying 14 out his or her duties led to such violation. 15 ‘‘(2) An appropriate adverse action under this sub- 16 section shall be removal (or termination in the case of a 17 temporary or probationary employee), demotion, or sus- 18 pension.’’. 19 (2) REPORTS.—Section 1517(b) of title 31, 20 United States Code, is amended— 21 (A) by striking ‘‘(b) If an officer’’ and in- 22 serting ‘‘(b)(1) If an officer’’; 23 (B) by inserting after ‘‘actions taken’’ the 24 following: ‘‘, including, with respect to an offi- 25 VerDate Sep 11 2014 21:48 Feb 27, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1203.IH H1203 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 1203 IH cer or employee of the United States Govern- 1 ment, whether the violation was committed 2 knowingly (as described in section 1518(b)) or 3 whether a failure to exercise reasonable care in 4 carrying out duties led to the violation’’; 5 (C) by striking ‘‘Congress’’ each place it 6 appears and inserting ‘‘the appropriate congres- 7 sional committees’’; and 8 (D) by adding at the end the following: 9 ‘‘(2) In this subsection, the term ‘appropriate con- 10 gressional committees’ means the Committee on Oversight 11 and Reform of the House of Representatives and the Com- 12 mittee on Homeland Security and Governmental Affairs 13 of the Senate.’’. 14 (c) CLARIFICATION OF APPEAL RIGHTS.—Nothing in 15 this section or the amendments made by this section shall 16 be construed to— 17 (1) waive, modify, or otherwise affect the right 18 of an officer or employee of the United States Gov- 19 ernment to appeal an adverse action taken against 20 such an officer or employee for a violation of section 21 1349 or 1518 of title 31, United States Code (as 22 amended by subsections (a)(1) and (b)(1), respec- 23 tively), including an appeal to the Merit Systems 24 VerDate Sep 11 2014 21:48 Feb 27, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1203.IH H1203 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 1203 IH Protection Board, if such a right is afforded by any 1 other provision of law, rule, or regulation; or 2 (2) extend or otherwise grant any appeal right 3 with respect to such an adverse action to an officer 4 or employee of the United States Government who 5 is not otherwise afforded such a right under any 6 other provision of law, rule, or regulation. 7 SEC. 3. LEGAL OPINIONS RELATING TO POTENTIAL VIOLA- 8 TIONS OF THE ANTI-DEFICIENCY ACT. 9 (a) IN GENERAL.—Subchapter II of chapter 7 of sub- 10 title I of title 31, United States Code, is amended by add- 11 ing at the end the following: 12 ‘‘§ 722. Legal opinions relating to potential violations 13 of the Anti-Deficiency Act 14 ‘‘(a)(1) Not later than 100 days after the date on 15 which the Committee on Oversight and Reform of the 16 House of Representatives or the Committee on Homeland 17 Security and Governmental Affairs of the Senate requests 18 a legal opinion from the Comptroller General relating to 19 a potential violation of section 1341, 1342, or 1517 by 20 an officer or employee of the United States Government, 21 the Comptroller General shall submit such opinion to— 22 ‘‘(A) each Committee; and 23 ‘‘(B) the employing entity of such officer or em- 24 ployee. 25 VerDate Sep 11 2014 21:48 Feb 27, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1203.IH H1203 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 1203 IH ‘‘(2) The legal opinion required under paragraph (1) 1 shall— 2 ‘‘(A) address whether the alleged violation of 3 section 1341, 1342, or 1517 occurred; 4 ‘‘(B) include recommendations to the employing 5 entity, including whether the entity should submit a 6 report under section 1351 or 1517(b); and 7 ‘‘(C) take into consideration any report sub- 8 mitted by the employing entity of such officer or em- 9 ployee under subsection (b). 10 ‘‘(b) Before submitting a legal opinion under sub- 11 section (a)(1), the Comptroller General shall notify the ap- 12 plicable employing entity of the request for a legal opinion, 13 and such entity shall submit to the Comptroller General 14 a report, including any relevant documents, on such re- 15 quest— 16 ‘‘(1) not later than 45 days after the date on 17 which the entity receives the notice; or 18 ‘‘(2) if the Comptroller General determines that 19 a shorter or longer period is appropriate based on 20 the specific circumstances of the request, within 21 such shorter or longer period. 22 ‘‘(c) With respect to any case in which the Comp- 23 troller General determines under subsection (b)(2) that a 24 longer period for the submission of a complete report is 25 VerDate Sep 11 2014 21:48 Feb 27, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1203.IH H1203 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 1203 IH appropriate, such period may not extend the deadline for 1 the submission of a legal opinion by the Comptroller Gen- 2 eral under subsection (a)(1). 3 ‘‘(d) Not later than 60 days after receiving a legal 4 opinion under subsection (a), the employing entity shall 5 submit a report on actions taken or planned to be taken 6 on any recommendation in the opinion, in accordance with 7 section 720(b). 8 ‘‘(e) With respect to the computation of any period 9 of time under this section, the following rules apply: 10 ‘‘(1) The period does not include the date on 11 which the request is submitted under subsection 12 (a)(1), notice is provided under subsection (b), or a 13 legal opinion is received under subsection (d), as the 14 case may be. 15 ‘‘(2) In the case of a period with respect to 16 which the last day is a Saturday, Sunday, legal holi- 17 day, or a day on which weather or other conditions 18 cause the closing of the Government Accountability 19 Office, the next day that is not any such day is the 20 last day of that period.’’. 21 (b) CLERICAL AMENDMENT.—The table of sections 22 of subchapter II of chapter 7 of title 31, United States 23 Code, is amended by inserting after the item relating to 24 section 721 the following: 25 ‘‘722. Legal opinions relating to potential violations of the Anti-Deficiency Act.’’. VerDate Sep 11 2014 21:48 Feb 27, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6211 E:\BILLS\H1203.IH H1203 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 1203 IH SEC. 4. AWARDS FOR ANTI-DEFICIENCY ACT DISCLOSURES. 1 (a) IN GENERAL.—Subchapter II of chapter 45 of 2 title 5, United States Code, is amended by adding after 3 section 4513 the following: 4 ‘‘§ 4514. Agency awards for disclosures of Anti-Defi- 5 ciency Act violations 6 ‘‘(a) The Inspector General of an agency, or any 7 other agency employee designated under subsection (b), 8 may award a cash payment to any employee of such agen- 9 cy whose disclosure of a potential Anti-Deficiency Act vio- 10 lation to the Inspector General, or to such other des- 11 ignated agency employee, resulted in a report of an Anti- 12 Deficiency Act violation under section 1351 or 1517(b) of 13 title 31. An award under this section shall be derived from 14 the appropriations account of the agency used for em- 15 ployee awards or bonuses, subject to the availability of ap- 16 propriations. The amount of an award under this section 17 may not exceed the lesser of— 18 ‘‘(1) $1,000; or 19 ‘‘(2) an amount equal to 1 percent of the 20 amount of such violation. 21 ‘‘(b) In the case of an agency for which there is no 22 Inspector General, the head of the agency shall designate 23 an agency employee who shall have the authority to make 24 the determinations and grant the awards permitted under 25 this section. 26 VerDate Sep 11 2014 21:48 Feb 27, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1203.IH H1203 pamtmann on DSKBFK8HB2PROD with BILLS 11 •HR 1203 IH ‘‘(c) In making cash awards under this chapter, the 1 President or the head of an agency may take into account 2 an employee’s— 3 ‘‘(1) disclosure of a potential Anti-Deficiency 4 Act violation; or 5 ‘‘(2) recommendations to mitigate or prevent 6 any Anti-Deficiency Act violation. 7 ‘‘(d) In this section, the term ‘Anti-Deficiency Act 8 violation’ means a violation of section 1341(a), 1342, or 9 1517(a) of title 31.’’. 10 (b) CLERICAL AMENDMENTS.— 11 (1) TABLE OF SECTIONS.—The table of sections 12 for subchapter II of chapter 45 of title 5, United 13 States Code, is amended— 14 (A) by striking the item relating to sub- 15 chapter II and inserting the following: 16 ‘‘SUBCHAPTER II—AWARDS FOR DISCLOSURES’’; and 17 (B) by inserting after the item relating to 18 section 4513 the following: 19 ‘‘4514. Agency awards for disclosures of Anti-Deficiency Act violations.’’. (2) SUBCHAPTER HEADING.—The heading for 20 such subchapter is amended by striking ‘‘COST 21 SAVINGS’’. 22 VerDate Sep 11 2014 21:48 Feb 27, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1203.IH H1203 pamtmann on DSKBFK8HB2PROD with BILLS 12 • [Text truncated for display. Full text available on Congress.gov.]