,,ii ,calendar ,no4 #eje #aadth ,,congress #b;d ,session ,s4 #cjaa ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #bf1 #bjaf ,mr4 ,johnson introduced the following bill2 which was read the first time ,june #f1 #bjaf,read the second time and placed on the calendar ,a ,,bill ,to improve the accountability1 efficiency1 transparency1 and overall effectiveness of the ,federal ,government4 #a4 ,short title ,this ,act may be cited as the ,bolster ,accountability to ,drive ,government ,efficiency and ,reform ,washington ,act of #bjaf4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,,title ,i--,efficiency1 transparency1 and other reforms ,subtitle ,a--,federal real property sale and management ,sec4 #aaja4 ,definitions4 ,sec4 #aajb4 ,federal ,real ,property ,reform ,board4 ,sec4 #aajc4 ,property management4 ,sec4 #aajd4 ,agency retention of proceeds4 ,sec4 #aaje4 ,surplus property donations to museums4 ,sec4 #aajf4 ,duties of ,federal agencies4 ,sec4 #aajg4 ,streamlining the ,mc,kinney-,vento ,homeless ,assistance ,act4 ,subtitle ,b--,taxpayers right to know ,sec4 #abja4 ,short title4 ,sec4 #abjb4 ,inventory of ,government programs4 ,sec4 #abjc4 ,guidance and implementation4 ,subtitle ,c--,stopping ,improper ,payments to ,deceased ,people ,sec4 #acja4 ,short title4 ,sec4 #acjb4 ,distribution of death information furnished to or maintained by the social security administration4 ,sec4 #acjc4 ,improving the use of death data by government agencies to curb improper payments4 ,sec4 #acjd4 ,plan for ensuring the accuracy and completeness of death data maintained and distributed by the ,social ,security ,administration4 ,sec4 #acje4 ,report on information security4 ,subtitle ,d--,fraud reduction and data analytics ,sec4 #adja4 ,short title4 ,sec4 #adjb4 ,definitions4 ,sec4 #adjc4 ,establishment of financial and administrative controls relating to fraud and improper payments4 ,sec4 #adjd4 ,working group4 ,subtitle ,e--,duplication reduction and agency coordination ,sec4 #aeja4 ,short title4 ,sec4 #aejb4 ,purpose4 ,sec4 #aejc4 ,identification1 consolidation1 and elimination of unnecessarily duplicative ,government programs4 ,sec4 #aejd4 ,improvements to elimination of unnecessary duplication4 ,subtitle ,f--,administrative leave ,sec4 #afja4 ,short title4 ,sec4 #afjb4 ,sense of ,congress4 ,sec4 #afjc4 ,administrative leave4 ,sec4 #afjd4 ,investigative leave and notice leave4 ,sec4 #afje4 ,leave for weather and safety issues4 ,sec4 #afjf4 ,additional oversight4 ,subtitle ,g--,enhancements for ,inspectors ,general ,,part ,i--,inspector ,general empowerment ,sec4 #agja4 ,short title4 ,sec4 #agjb4 ,nonduty status of ,inspectors ,general2 nominal supervision4 ,sec4 #agjc4 ,additional authority provisions for ,inspectors ,general4 ,sec4 #agjd4 ,additional responsibilities and resources of the ,council of the ,inspectors ,general on ,integrity and ,efficiency4 ,sec4 #agje4 ,reports and additional information4 ,sec4 #agjf4 ,full and prompt access to all documents4 ,sec4 #agjg4 ,access to information for certain ,inspectors ,general4 ,sec4 #agjh4 ,technical and conforming amendments4 ,,part ,,ii--,inspector ,general ,mandates ,reporting ,sec4 #agea4 ,short title4 ,sec4 #ageb4 ,reporting requirements of ,inspectors ,general4 ,subtitle ,h--,enhancements for ,government ,accountability ,office ,,part ,i--,government ,accountability ,office mandates revisions ,sec4 #ahja4 ,short title4 ,sec4 #ahjb4 ,reports eliminated4 ,sec4 #ahjc4 ,reports modified4 ,,part ,,ii--,government ,accountability ,office ,access and ,oversight ,sec4 #ahea4 ,short title4 ,sec4 #aheb4 ,access to certain information4 ,subtitle ,i--,stopping wasteful ,federal bonuses ,sec4 #aija4 ,short title4 ,sec4 #aijb4 ,bonuses4 ,subtitle ,j--,eliminating ,government-funded oil-paintings ,sec4 #aiba4 ,short title4 ,sec4 #aibb4 ,prohibition on use of funds for portraits4 ,subtitle ,k--,presidential allowance modernization ,sec4 #aida4 ,short title4 ,sec4 #aidb4 ,amendments4 ,sec4 #aidc4 ,rule of construction4 ,sec4 #aidd4 ,transition rules4 ,sec4 #aide4 ,applicability4 ,subtitle ,l--,making electronic ,government accountable ,sec4 #aifa4 ,short title4 ,sec4 #aifb4 ,,omb ,directive on management of software licenses4 ,subtitle ,m--,construction consensus procurement improvement ,sec4 #aiha4 ,short title4 ,sec4 #aihb4 ,congressional findings4 ,sec4 #aihc4 ,design-build construction process improvement4 ,sec4 #aihd4 ,prohibition on the use of a reverse auction for the award of a contract for design and construction services4 ,,title ,,ii--,accountability enhancements ,subtitle ,a--,expanded whistleblower protections for employees ,sec4 #baja4 ,short title4 ,,part ,i--,employees generally ,sec4 #baba4 ,definitions4 ,sec4 #babb4 ,stays2 probationary employees4 ,sec4 #babc4 ,adequate access of ,special ,counsel to information4 ,sec4 #babd4 ,prohibited personnel practices4 ,sec4 #babe4 ,discipline of supervisors based on retaliation against whistleblowers4 ,sec4 #babf4 ,suicide by employees4 ,sec4 #babg4 ,training for supervisors4 ,sec4 #babh4 ,information on whistleblower protections4 ,,part ,,ii--,department of ,veterans ,affairs employees ,sec4 #bada4 ,prevention of unauthorized access to medical records of employees of the ,department of ,veterans ,affairs4 ,sec4 #badb4 ,outreach on availability of mental health services available to employees of the ,department of ,veterans ,affairs4 ,sec4 #badc4 ,protocols to address threats against employees of the ,department of ,veterans ,affairs4 ,sec4 #badd4 ,comptroller ,general of the ,united ,states study on accountability of chiefs of police of ,department of ,veterans ,affairs medical centers4 ,subtitle ,b--,enhanced whistleblower protection for contractor and grantee employees ,sec4 #bbja4 ,enhancement of whistleblower protection for contractor and grantee employees4 ,subtitle ,c--,office of ,special ,counsel reauthorization ,sec4 #bcja4 ,short title4 ,sec4 #bcjb4 ,adequate access of ,special ,counsel to information4 ,sec4 #bcjc4 ,prohibited personnel practices2 information on whistleblower protections4 ,sec4 #bcjd4 ,additional whistleblower provisions4 ,sec4 #bcje4 ,termination of certain investigations by the ,office of ,special ,counsel4 ,sec4 #bcjf4 ,allegations of wrongdoing within the ,office of ,special ,counsel4 ,sec4 #bcjg4 ,reporting requirements4 ,sec4 #bcjh4 ,establishment of survey pilot program4 ,sec4 #bcji4 ,authorization of appropriations4 ,i ,efficiency1 transparency1 and other reforms ,a ,federal real property sale and management #aaja4 ,definitions ,in this subtitle3 7#a7 ,administrator ,the term ,administrator means the ,administrator of ,general ,services4 7#b7 ,board ,the term ,board means the ,federal ,real ,property ,reform ,board established by section #aajb4 7#c7 ,director ,the term ,director means the ,director of the ,office of ,management and ,budget4 7#d7 ,federal agency ,the term ,federal agency means-- 7,a7 an executive department or independent establishment in the executive branch of the ,government2 and 7,b7 a wholly owned ,government corporation4 7#e7 ,federal civilian real property and civilian real property 7,a7 ,in general ,the terms ,federal civilian real property and civilian real property mean ,federal real property assets1 including-- 7i7 public buildings 7as defined in section #ccja of title #dj1 ,united ,states ,code72 7ii7 occupied and improved grounds2 7iii7 leased space2 and 7iv7 other physical structures under the custody and control of any ,federal agency4 7,b7 ,exclusions ,the terms ,federal civilian real property and civilian real property do not include-- 7i7 any military installation 7as defined in section #biaj of the ,defense ,base ,closure and ,realignment ,act of #aiij 7#aj ,u4,s4,c4 #bfhg note2 ,public ,law #aja-eaj772 7ii7 any property that is excepted from the definition of the term property under section #ajb of title #dj1 ,united ,states ,code2 7iii7 ,indian and native ,eskimo property held in trust by the ,federal ,government as described in section #ccja7;a77#e77;,c77iii7 of title #dj1 ,united ,states ,code2 7iv7 real property operated and maintained by the ,tennessee ,valley ,authority pursuant to the ,tennessee ,valley ,authority ,act of #aicc 7#af ,u4,s4,c4 #hca et seq472 7v7 any real property the ,director excludes for reasons of national security2 7vi7 any public lands 7as defined in section #bjc of the ,public ,lands ,corps ,act of #aiic 7#af ,u4,s4,c4 #agbb77 administered by-- 7,i7 the ,secretary of the ,interior1 acting through-- 7aa7 the ,director of the ,bureau of ,land ,management2 7bb7 the ,director of the ,national ,park ,service2 7cc7 the ,commissioner of ,reclamation2 or 7dd7 the ,director of the ,united ,states ,fish and ,wildlife ,service2 or 7,,ii7 the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service2 or 7vii7 any postal property4 7#f7 ,field office ,the term field office means any office of a ,federal agency that is not the headquarters office location for the ,federal agency4 7#g7 ,postal property ,the term postal property means any property owned or leased by the ,united ,states ,postal ,service4 #aajb4 ,federal ,real ,property ,reform ,board 7a7 ,establishment 7#a7 ,in general ,there is established an independent board to be known as the ,federal ,real ,property ,reform ,board4 7#b7 ,duties ,the ,board shall carry out the duties described in subsection 7c74 7#c7 ,membership 7,a7 ,in general ,the ,board shall be composed of-- 7i7 a ,chairperson appointed by the ,president1 by and with the advice and consent of the ,senate2 and 7ii7 #f members appointed by the ,president4 7,b7 ,appointments ,in making appointments to the ,board under subparagraph 7,a77ii71 the ,president shall consult with-- 7i7 the ,speaker of the ,house of ,representatives concerning the appointment of #b members2 7ii7 the majority leader of the ,senate concerning the appointment of #b members2 7iii7 the minority leader of the ,house of ,representatives concerning the appointment of #a member2 and 7iv7 the minority leader of the ,senate concerning the appointment of #a member4 7,c7 ,terms ,the term for each member of the ,board shall be #f years4 7,d7 ,vacancies ,a vacancy on the ,board shall be filled in the same manner in which the original appointment was made4 7,e7 ,qualifications ,in making appointments to the ,board1 the ,president shall ensure that the ,board contains individuals with expertise representative of-- 7i7 commercial real estate and redevelopment2 7ii7 space optimization and utilization2 and 7iii7 community development1 including transportation and planning4 7#d7 ,board meetings 7,a7 ,open meetings 7i7 ,in general ,each meeting of the ,board1 other than meetings in which classified information is to be discussed1 shall-- 7,i7 be open to the public2 and 7,,ii7 be announced in the ,federal ,register and the ,federal website established by the ,board at least #ad calendar days in advance of a meeting4 7ii7 ,agenda2 materials ,for each meeting1 the ,board shall release an agenda and a listing of materials relevant to the topics to be discussed4 7,b7 ,quorum and meetings ,of the members of the ,board-- 7i7 #e shall constitute a quorum for the purposes of conducting business2 and 7ii7 #c or more shall constitute a meeting of the ,board4 7,c7 ,transparency of information 7i7 ,congress ,all the proceedings1 information1 and deliberations of the ,board shall be open1 on request1 to the ,chairperson and the ranking minority party member1 and the respective subcommittee ,chairperson and ranking minority party member1 of-- 7,i7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,,ii7 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives2 7,,iii7 the ,committee on ,environment and ,public ,works of the ,senate2 7,,iv7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 7,v7 the ,committee on ,appropriations of the ,senate2 and 7,,vi7 the ,committee on ,appropriations of the ,house of ,representatives4 7ii7 ,government accountability office ,all proceedings1 information1 and deliberations of the ,board shall be open1 on request1 to the ,comptroller ,general of the ,united ,states4 7#e7 ,compensation and travel expenses 7,a7 ,compensation 7i7 ,rate of pay for members ,each member of the ,board1 other than the ,chairperson1 shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code1 for each day 7including travel time7 during which the member is engaged in the actual performance of duties vested in the ,board4 7ii7 ,rate of pay for chairperson ,the ,chairperson of the ,board shall be paid for each day referred to in clause 7i7 at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level ,,iii of the ,executive ,schedule under section #ecad1 of title #e1 ,united ,states ,code4 7,b7 ,travel ,a member of the ,board shall receive travel expenses1 including per diem in lieu of subsistence1 in accordance with sections #egjb and #egjc of title #e1 ,united ,states ,code4 7#f7 ,executive director 7,a7 ,appointment ,the ,board-- 7i7 shall appoint an ,executive ,director2 and 7ii7 shall not be required to comply with the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service4 7,b7 ,rate of pay for director ,the ,executive ,director shall be paid at the rate of basic pay payable for level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code4 7#g7 ,staff 7,a7 ,additional personnel ,subject to subparagraph 7,b71 the ,executive ,director may request additional personnel detailed from ,federal agencies4 7,b7 ,detail employees from other agencies ,on request of the ,chairperson and after approval of the ,director1 the head of any ,federal agency shall detail the requested personnel of that agency to the ,board to assist the ,board in carrying out the duties of the ,board4 7,c7 ,qualifications ,appointments shall be made with consideration of a balance of expertise consistent with the qualifications of representatives described in paragraph 7#c77;,e74 7#h7 ,contracting authority 7,a7 ,experts and consultants ,the ,board1 to the maximum extent practicable and subject to the availability of appropriations1 shall use existing contracts1 including nonappropriated contracts1 entered into by the ,administrator for services necessary to carry out the duties of the ,board4 7,b7 ,office space ,the ,administrator1 in consultation with the ,board1 shall identify and provide1 without charge1 suitable office space within the ,federal property inventory to house the operations of the ,board4 7,c7 ,personal property ,the ,administrator shall provide to the ,board any personal property already in the custody and control of the ,administrator that is needed to carry out the duties of the ,board4 7#i7 ,termination of ,board ,the ,board and the authority of the ,board shall terminate on the date that is #f years after the date of enactment of this ,act4 7b7 ,development of recommendations to the board 7#a7 ,submissions of agency information and recommendations ,not later than #abj days after the date of enactment of this ,act and not later than #abj days after the beginning of each fiscal year thereafter1 the head of each ,federal agency shall submit to the ,administrator and the ,director a report that includes-- 7,a7 current data of all ,federal civilian real properties owned1 leased1 or controlled by the respective agency 7including all relevant information prescribed by the ,administrator and the ,director71 including data relating to-- 7i7 the age and condition of the property2 7ii7 operating costs2 7iii7 the history of capital expenditures2 7iv7 sustainability metrics2 7v7 the number of ,federal employees and functions housed in the respective property2 and 7vi7 the square footage 7including gross1 rentable1 and usable7 of each property2 and 7,b7 recommendations as to-- 7i7 any ,federal civilian properties that can be sold for proceeds and otherwise disposed of1 reported as excess1 declared surplus1 or outleased or are otherwise no longer meeting the needs of the agency1 excluding leasebacks or other exchange agreements where the property continues to be used by the agency2 7ii7 any ,federal civilian properties that can be transferred1 exchanged1 consolidated1 colocated1 reconfigured1 or redeveloped-- 7,i7 to reduce the civilian real property inventory2 7,,ii7 to reduce the operating costs of the ,federal ,government2 and 7,,iii7 to create the highest value and return for the taxpayer2 and 7iii7 operational efficiencies that may be realized by the ,federal ,government in the operation and maintenance of ,federal civilian real properties4 7#b7 ,standards and criteria ,not later than #fj days after each date specified in paragraph 7#a71 the ,director1 in consultation with the ,administrator1 shall-- 7,a7 review agency recommendations submitted pursuant to paragraph 7#a72 7,b7 develop consistent standards and criteria against which agency recommendations will be reviewed1 which shall be developed taking into consideration-- 7i7 the extent to which a ,federal building or facility could be sold 7including property that is no longer meeting the needs of the ,federal ,government71 redeveloped1 outleased1 or otherwise used to produce the highest and best value and return for the taxpayer2 7ii7 the extent to which the operating and maintenance costs are reduced through consolidating1 co-locating1 and reconfiguring space1 and through realizing other operational efficiencies2 7iii7 the extent to which the utilization rate is being maximized and is consistent with nongovernmental industry standards for the given function or operation2 7iv7 the extent and timing of potential costs and savings1 including the number of years1 beginning with the date of completion of the proposed recommendation2 7v7 the extent to which reliance on leasing for long-term space needs is reduced2 7vi7 the extent to which a ,federal building or facility aligns with the current mission of the applicable ,federal agency2 7vii7 the extent to which there are opportunities to consolidate similar operations across multiple agencies or within agencies2 7viii7 the economic impact on communities in the vicinity of the ,federal building or facility2 and 7ix7 the extent to which energy consumption is reduced2 and 7,c7 develop recommendations for the ,board based on the standards and criteria developed under subparagraph 7,b74 7#c7 ,special rule for utilization rates 7,a7 ,in general ,standards developed by the ,director under paragraph 7#b77;,b7 shall incorporate and apply clear standard utilization rates consistent throughout each category of space and with nongovernment space utilization rates4 7,b7 ,utilization rate ,to the extent the space utilization rate of a given agency exceeds the utilization rates to be applied under this subsection1 the ,director may recommend realignment1 colocation1 consolidation1 or other type of action to improve space utilization4 7#d7 ,submission to the ,board 7,a7 ,in general ,the standards1 criteria1 and recommendations developed pursuant to paragraph 7#b77;,b7 shall be submitted to the ,board with all supporting information1 data1 analyses1 and documentation4 7,b7 ,publication ,the standards1 criteria1 and recommendations developed pursuant to paragraph 7#b77;,b7 shall be-- 7i7 published in the ,federal ,register2 and 7ii7 submitted to-- 7,i7 the committees described in subsection 7a77#d77;,c77i72 and 7,,ii7 the ,comptroller ,general of the ,united ,states4 7,c7 ,access to information 7i7 ,in general ,the ,board shall have access to all information pertaining to the recommendations1 including supporting information1 data1 analyses1 and documentation submitted pursuant to paragraph 7#a74 7ii7 ,information from ,federal agencies ,on request1 a ,federal agency shall provide to the ,board any additional information pertaining to the civilian real property of the agency4 7c7 ,duties of ,board 7#a7 ,identification of property reduction opportunities ,the ,board shall identify opportunities for the ,federal ,government-- 7,a7 to significantly reduce the inventory of civilian real property held by the ,federal ,government2 and 7,b7 to reduce costs to the ,federal ,government4 7#b7 ,identification of high value assets 7,a7 ,identification of certain properties ,not later than #ahj days after the date on which the last ,board member has been appointed pursuant to subsection 7a77#c71 the ,board shall-- 7i7 identify not less than #e ,federal properties that are not on the list of surplus or excess as of that date with a total fair market value of not less than #ejj1jjj1jjj2 and 7ii7 submit to the ,director and to ,congress a list of the properties identified pursuant to clause 7i71 which shall be-- 7,i7 treated as a recommendation under subsection 7b72 and 7,,ii7 subject to the approval process described in subsection 7d74 7,b7 ,information and data 7i7 ,in general ,to assist the ,board in carrying out subparagraph 7,a71 a ,federal agency shall provide to the ,board1 on request1 any information and data regarding the properties of the ,federal agency4 7ii7 ,failure to comply ,the ,board shall notify the committees described in subsection 7a77#d77;,c77i7 of any failure by any agency to comply with a request of the ,board4 7,c7 ,leaseback restrictions ,the ,federal ,government may not lease back any of the existing improvements on properties sold under this paragraph4 7,d7 ,report of excess ,not later than #fj days after the date on which the recommendations of the ,board pursuant to subparagraph 7,a7 have been approved1 each ,federal agency with custody1 control1 or administrative jurisdiction over the identified properties shall submit to the ,administrator a report of excess4 7,e7 ,sale ,notwithstanding any other provision of law 7except as provided in subsection 7e77#g771 the ,administrator shall-- 7i7 not later than #abj days after the date on which the ,administrator receives the report of excess under subparagraph 7,d71 initiate the sale of the properties identified pursuant to subparagraph 7,a77i72 and 7ii7 not later than #a year after the date on which the ,administrator receives the report of excess under subparagraph 7,d71 sell the properties referred to in clause 7i7 at fair market value at highest and best use4 7#c7 ,analysis of inventory ,the ,board-- 7,a7 shall perform an independent analysis of the inventory of ,federal civilian real property and the recommendations submitted pursuant to subsection 7b72 7,b7 shall not be bound or limited by the recommendations submitted pursuant to subsection 7b72 and 7,c7 in any case in which the ,board determines that a ,federal agency has failed to provide necessary information1 data1 or adequate recommendations that meet the standards and criteria developed under subsection 7b77#b71 shall develop such recommendations as the ,board considers to be appropriate based on existing data contained in the ,federal ,real ,property ,profile or other relevant information4 7#d7 ,receipt of information and proposals ,notwithstanding any other provision of law1 the ,board-- 7,a7 may receive and consider proposals1 information1 and other data submitted by ,state and local officials and the private sector2 and 7,b7 shall make any information received under subparagraph 7,a7 publicly available4 7#e7 ,accounting system ,the ,board shall-- 7,a7 not later than #abj days after the date of enactment of this ,act1 identify or develop and implement a system of accounting to be used to independently evaluate the costs of and returns on the recommendations provided to the ,board under this subtitle2 7,b7 use the accounting system referred to in subparagraph 7,a7 to assist in-- 7i7 developing the recommendations of the ,board2 and 7ii7 determining the highest return to the taxpayer2 and 7,c7 establish a standard performance period for use in carrying out subparagraphs 7,a7 and 7,b74 7#f7 ,public hearings 7,a7 ,in general ,the ,board shall conduct public hearings4 7,b7 ,testimony ,all testimony before the ,board at a public hearing under this paragraph shall be presented under oath4 7#g7 ,reporting of information and recommendations 7,a7 ,in general ,not later than #abj days after the date of receipt of recommendations pursuant to subsection 7b71 and annually thereafter1 the ,board shall submit to the ,director1 and publicly post on a ,federal website maintained by the ,board1 a report that includes the findings1 conclusions1 and recommendations of the ,board for the consolidation1 exchange1 colocation1 reconfiguration1 lease reduction1 sale1 outlease1 or redevelopment of ,federal civilian real properties1 and for other operational efficiencies that can be realized in the operation and maintenance of those properties4 7,b7 ,consensus in majority ,the ,board-- 7i7 shall seek to develop consensus recommendations2 but 7ii7 if a consensus cannot be obtained1 may include in the report under subparagraph 7,a7 recommendations that are supported by a majority of the ,board4 7#h7 ,federal website ,the ,board shall establish and maintain a ,federal website for the purposes of making relevant information publicly available4 7#i7 ,review by ,,gao ,the ,comptroller ,general of the ,united ,states shall submit to ,congress and to the ,board a report that includes-- 7,a7 a detailed analysis of the recommendations provided by the ,board under paragraph 7#g72 and 7,b7 a description of the selection process used to develop the recommendations4 7d7 ,review by the ,office of ,management and ,budget 7#a7 ,review of recommendations ,on receipt of the recommendations of the ,board under subsection 7c77#g71 the ,director shall conduct a review of the recommendations4 7#b7 ,report to board and congress 7,a7 ,in general ,not later than #cj days after the date of receipt of the recommendations of the ,board under subsection 7c77#g71 the ,director shall submit to the ,board and to ,congress a report that describes the approval or disapproval of the recommendations4 7,b7 ,testimony by ,board ,on request of any of the ,committee on ,environment and ,public ,works of the ,senate1 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 or the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives and before the ,director submits the report under subparagraph 7,a71 the ,board shall appear and testify before the requesting committee4 7#c7 ,approval or disapproval ,if the ,director-- 7,a7 approves the recommendations of the ,board1 the ,director shall submit to ,congress a copy of the recommendations and a certification of the approval2 7,b7 disapproves of the recommendations of the ,board1 in whole or in part-- 7i7 the ,director shall submit to the ,board and to ,congress the reasons for the disapproval2 and 7ii7 not later than #cj days after the date of disapproval1 the ,board shall submit to the ,director a revised list of recommendations2 7,c7 approves the revised recommendations of the ,board submitted under subparagraph 7,b77ii71 the ,director shall submit to ,congress a copy of the revised recommendations and a certification of the approval2 and 7,d7 does not submit to ,congress an approval and certification in accordance with subparagraph 7,a7 or 7,c7 by the date that is #cj days after the date of receipt of the recommendations or revised recommendations of the ,board1 the review process under this subsection shall terminate until the following year4 7e7 ,implementation of ,board recommendations 7#a7 ,carrying out recommendations 7,a7 ,in general ,a ,federal agency shall-- 7i7 not later than #fj days after the date on which the ,board submits recommendations to the ,director and to ,congress under subparagraph 7,a7 or 7,c7 of subsection 7d77#c71 begin preparation to carry out the recommendations of the ,board2 7ii7 initiate all activities not later than #b years after the date on which the ,director submits the recommendations of the ,board to ,congress2 and 7iii7 not later than the end of the #f-year period beginning on the date on which the ,director submits to ,congress the recommendations of the ,board1 complete the implementation of all recommended actions4 7,b7 ,actions ,each recommended action taken by a ,federal agency under subparagraph 7,a7 shall be economically beneficial and cost-neutral or otherwise favorable to the ,federal ,government4 7,c7 ,extenuating circumstances ,in the case of a recommended action that will take longer than the #f-year period described in subparagraph 7,a77iii7 due to extenuating circumstances1 a ,federal agency shall notify the ,director and ,congress as soon as the extenuating circumstance becomes apparent with an estimated time to complete the relevant action4 7#b7 ,actions of ,federal agencies ,pursuant to paragraph 7#c71 in taking an action related to any ,federal building or facility under this subtitle1 a ,federal agency may take all such necessary and proper actions1 including-- 7,a7 acquiring land1 constructing replacement facilities1 performing such other activities1 and conducting such advance planning and design as may be required to transfer functions from a ,federal asset or property to another ,federal civilian property2 7,b7 reimbursing other ,federal agencies for actions performed at the request of the ,board2 and 7,c7 taking such actions as are practicable to maximize the value of property to be sold by clarifying zoning and other limitations on use of the property4 7#c7 ,necessary and proper actions 7,a7 ,in general ,except as provided in subparagraph 7,b71 in acting on a recommendation of the ,board1 a ,federal agency shall-- 7i7 act within any authority delegated to the agency2 and 7ii7 if the agency has not been delegated the authority to act on the recommendation1 work in partnership with the ,administrator to carry out the recommendation4 7,b7 ,actions of ,administrator ,the ,administrator may take such necessary and proper actions1 including the sale1 conveyance1 or exchange of civilian real property1 as are required to implement the recommendations of the ,board in the time period described in paragraph 7#a77;,a77iii74 7,c7 ,expert commercial real estate services ,a ,federal agency may enter into no-cost nonappropriated contracts for expert commercial real estate services to carry out the responsibilities of the agency pursuant to the recommendations4 7#d7 ,discretion of ,administrator regarding transactions ,for any transaction identified1 recommended1 or commenced as a result of this subtitle1 any otherwise required legal priority given to1 or requirement to enter into1 a transaction to convey a ,federal civilian real property for less than fair market value1 for no consideration at all1 or in a transaction that mandates the exclusion of other market participants1 shall be at the discretion of the ,administrator4 7#e7 ,disposal of real properties ,any recommendation or commencement of a sale1 disposal1 consolidation1 reconfiguration1 colocation1 or realignment of civilian real property shall not be subject to-- 7,a7 the first section through section #c of the ,act of ,may #ai1 #aidh 7#af ,u4,s4,c4 #ffg;b et seq472 7,b7 sections #ajg and #cag of title #bc1 ,united ,states ,code2 7,c7 section #ede7;b77#h7 of title #dj1 ,united ,states ,code2 7,d7 sections #eej1 #eec1 and #eed of title #dj1 ,united ,states ,code2 7,e7 section #acjd7;b7 of title #dj1 ,united ,states ,code2 7,f7 section #dgaea of title #di1 ,united ,states ,code2 7,g7 section #ac7;d7 of the ,surplus ,property ,act of #aidd 7#ej ,u4,s4,c4 ,app4 #afbb7;d772 7,h7 any other provision of law authorizing the conveyance of real property owned by the ,federal ,government for no consideration2 and 7,i7 any congressional notification requirement 7other than that under section #ede of title #dj1 ,united ,states ,code74 7#f7 ,public benefit 7,a7 ,in general ,on the date on which the ,director submits to ,congress the recommendations of the ,board under subparagraph 7,a7 or 7,c7 of subsection 7d77#c7 7except those buildings recommended under subsection 7c77#b771 the ,director shall submit to the ,secretary of ,housing and ,urban ,development all known information on the buildings or properties included in the recommendations4 7,b7 ,action by ,secretary ,not later than #cj days after the ,secretary of ,housing and ,urban ,development receives the information described in subparagraph 7,a71 the ,secretary shall identify any suitable properties for use as a property benefitting the mission of assistance to the homeless for the purposes of further screening pursuant to section #eja of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadaa74 7#g7 ,environmental considerations 7,a7 ,transfer of real property 7i7 ,in general ,in implementing the recommendations of the ,board under subsection 7c77#g71 and subject to subparagraph 7,b7 a ,federal agency may enter into an agreement with any person to transfer real property by deed pursuant to section #abj7;h77#c7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifbj7;h77#c774 7ii7 ,additional terms 7,i7 ,in general ,the head of the ,federal agency disposing of property under this subparagraph may require any additional terms and conditions in connection with an agreement authorized by clause 7i7 as the head of the agency considers appropriate to protect the interests of the ,united ,states4 7,,ii7 ,no effect on rights or obligations ,additional terms and conditions described in subclause 7,i7 shall not affect or diminish any rights or obligations of a ,federal agency under section #abj of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifbj74 7,b7 ,cost certification ,the head of a ,federal agency shall not transfer real property or facilities under subparagraph 7,a7 unless the head of the agency certifies to the ,board and ,congress that-- 7i7 the costs of all environmental restoration1 waste management1 and environmental compliance activities otherwise to be paid by the ,federal agency disposing of the property with respect to the property or facilities are equal to or greater than the fair market value of the property or facilities to be transferred1 as determined by the head of the agency2 or 7ii7 if the costs described in clause 7i7 are less than the fair market value of the property or facilities1 the recipient of the property or facilities has agreed to pay the difference between the fair market value and those costs4 7,c7 ,payment to recipient of real property ,in the case of a property covered by a certification under subparagraph 7,b77i71 the ,federal agency disposing of the property may pay the recipient of the property or facilities an amount equal to the lesser of-- 7i7 the amount by which the costs incurred by the recipient of the property or facilities for all environmental restoration1 waste management1 and environmental compliance activities with respect to the property or facilities exceed the fair market value of the property or facilities as specified in the certification2 and 7ii7 the amount by which the costs 7as determined by the head of the ,federal agency disposing of the property7 that would otherwise have been incurred by the ,secretary of ,housing and ,urban ,development for the restoration1 waste management1 and environmental compliance activities with respect to the property or facilities exceed the fair market value of the property or facilities as specified in the certification4 7,d7 ,disclosure to recipient ,as part of an agreement under subparagraph 7,a71 the head of the ,federal agency disposing of the property shall1 in accordance with applicable law and before entering into an agreement1 disclose to the person to whom the property or facilities will be transferred information possessed by the agency regarding the environmental restoration1 waste management1 and environmental compliance activities described in this paragraph that relate to the property or facilities4 7,e7 ,time extensions ,for the purposes of granting time extensions under paragraph 7#a71 the ,director shall give the need for significant environmental remediation to a piece of property more weight than any other factor in determining whether to grant a #b-year extension to implement a ,board recommendation4 7,f7 ,savings provision ,nothing in this subtitle modifies1 alters1 or amends-- 7i7 the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq472 7ii7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 or 7iii7 the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq474 7f7 ,funding 7#a7 ,establishment of salaries and expenses account 7,a7 ,establishment of account ,there is established in the ,treasury of the ,united ,states an account to be known as the ,federal ,real ,property ,reform ,board --,salaries and ,expenses account4 7,b7 ,necessary payments ,there shall be deposited into the account established by subparagraph 7,b7 such amounts as are provided in appropriations ,acts for those necessary payments for salaries and expenses to accomplish the administrative needs of the ,board4 7#b7 ,establishment of asset proceeds and space management fund 7,a7 ,in general ,there is established within the ,federal ,buildings ,fund established by section #eib of title #dj1 ,united ,states ,code1 an account to be known as the ,federal ,real ,property ,reform ,board --,asset ,proceeds and ,space ,management ,fund1 which shall be used solely for the purposes of carrying out actions under subsection 7e71 pursuant to the recommendations of the ,board approved under subsection 7d74 7,b7 ,amounts deposited into ,fund ,notwithstanding section #ccjg of title #dj1 ,united ,states ,code1 the fund established by paragraph 7#a7 shall consist of-- 7i7 such amounts as are provided in appropriations ,acts1 to remain available until expended1 for the consolidation1 colocation1 exchange1 redevelopment1 reconfiguration of space1 disposal1 and other actions recommended by the ,board for ,federal agencies2 and 7ii7 amounts received from the sale of any civilian real property action taken pursuant to a recommendation of the ,board4 7,c7 ,use of funds 7i7 ,in general ,the amounts deposited in the fund under subparagraph 7,b7 shall be made available for obligation or expenditure only as provided in advance in appropriation ,acts for the purposes described in clauses 7i7 and 7ii7 of subparagraph 7,b74 7ii7 ,use of proceeds ,as provided in appropriations ,acts1 proceeds under subparagraph 7,b77ii7 may be made available to cover necessary costs associated with implementing the recommendations pursuant to subsection 7e71 including costs associated with-- 7,i7 sales transactions2 7,,ii7 acquiring land1 construction1 constructing replacement facilities1 conducting advance planning and design as may be required to transfer functions from a ,federal asset or property to another ,federal civilian property2 7,,iii7 colocation1 redevelopment1 disposal1 and reconfiguration of space2 and 7,,iv7 other actions recommended by the ,board for ,federal agencies4 7#c7 ,additional requirement 7,a7 ,in general ,not less frequently than annually1 the ,president shall submit to ,congress a report that includes-- 7i7 an estimate of proceeds from implementing the recommendations of the ,board2 and 7ii7 the obligations and expenditures needed to support those recommendations4 7,b7 ,submission ,the report under subparagraph 7,a7 may be submitted along with another annual submission to ,congress1 including the budget submitted by the ,president under section #aaje of title #ca1 ,united ,states ,code4 7g7 ,congressional approval of proposed projects ,section #ccjg7;b7 of title #dj1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#f71 by striking and at the end2 7#b7 in paragraph 7#g71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#h7 a description of how the proposed project is consistent with criteria established in section #aajb7;b77#b7 of the ,bolster ,accountability to ,drive ,government ,efficiency and ,reform ,washington ,act of #bjaf4 4 7h7 ,preclusion of judicial review ,the following actions shall not be subject to judicial review3 7#a7 ,an action taken pursuant to subsection 7c7 or subsection 7d74 7#b7 ,an action taken by the ,board4 7i7 ,implementation review by ,,gao ,on transmittal of the recommendations of the ,board from the ,director to ,congress under subsection 7d71 and not less frequently than annually thereafter1 the ,comptroller ,general of the ,united ,states shall-- 7#a7 monitor and review the implementation activities of ,federal agencies pursuant to subsection 7e72 and 7#b7 report to ,congress any findings and recommendations for improvement of those activities4 7j7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section-- 7#a7 #b1jjj1jjj for salaries and expenses of the ,board2 and 7#b7 #dj1jjj1jjj to be deposited into the ,federal ,real ,property ,reform ,board--,asset ,proceeds and ,space ,management ,fund established by subsection 7f77#b7 for activities related to the implementation of recommendations of the ,board4 #aajc4 ,property management 7a7 ,in general ,chapter #e of subtitle ,i of title #dj1 ,united ,states ,code1 is amended by adding at the end the following3 ,,vii ,property management #fba4 ,definitions ,in this subchapter3 7#a7 ,administrator ,the term ,administrator means the ,administrator of ,general ,services4 7#b7 ,council ,the term ,council means the ,federal ,property ,council established by section #fbb7;a74 7#c7 ,director ,the term ,director means the ,director of the ,office of ,management and ,budget4 7#d7 ,federal agency ,the term ,federal agency means-- 7,a7 an executive department or independent establishment in the executive branch of the ,government2 or 7,b7 a wholly owned ,government corporation 7other than the ,united ,states ,postal ,service74 7#e7 ,field office ,the term field office means any office of a ,federal agency that is not the headquarters office location for the ,federal agency4 7#f7 ,postal property ,the term postal property means any property owned or leased by the ,united ,states ,postal ,service4 7#g7 ,public-private partnership ,the term public-private partnership means any partnership or working relationship between a ,federal agency and a corporation1 individual1 or nonprofit organization for the purpose of financing1 constructing1 operating1 managing1 or maintaining #a or more ,federal real property assets4 7#h7 ,underutilized property ,the term underutilized property means a portion or the entirety of any real property1 including any improvements1 that is used-- 7,a7 irregularly or intermittently by the accountable ,federal agency for program purposes of the ,federal agency2 or 7,b7 for program purposes that can be satisfied only with a portion of the property4 #fbb4 ,establishment of ,federal ,property ,council 7a7 ,establishment ,there is established a ,federal ,property ,council4 7b7 ,purpose ,the purpose of the ,council shall be-- 7#a7 to develop guidance and ensure implementation of an efficient and effective property management strategy2 7#b7 to identify opportunities for the ,federal ,government to better manage property and assets of the ,federal ,government2 and 7#c7 to reduce the costs of managing property of the ,federal ,government1 including operations1 maintenance1 and security associated with ,federal property4 7c7 ,composition 7#a7 ,in general ,the ,council shall be composed exclusively of-- 7,a7 the senior real property officers of each ,federal agency and the ,postal ,service2 7,b7 the ,deputy ,director for ,management of the ,office of ,management and ,budget2 7,c7 the ,controller of the ,office of ,management and ,budget2 7,d7 the ,administrator2 and 7,e7 any other full-time or permanent part-time ,federal officials or employees1 as the ,chairperson determines to be necessary4 7#b7 ,chairperson ,the ,deputy ,director for ,management of the ,office of ,management and ,budget shall serve as ,chairperson of the ,council4 7#c7 ,executive director 7,a7 ,in general ,the ,chairperson shall designate an ,executive ,director to assist in carrying out the duties of the ,council4 7,b7 ,qualifications2 full-time ,the ,executive ,director shall-- 7i7 be appointed from among individuals who have substantial experience in the areas of commercial real estate and development1 real property management1 and ,federal operations and management2 7ii7 serve full time2 and 7iii7 hold no outside employment that may conflict with duties inherent to the position4 7d7 ,meetings 7#a7 ,in general ,the ,council shall meet subject to the call of the ,chairperson4 7#b7 ,minimum ,the ,council shall meet not fewer than #d times each year4 7e7 ,duties ,the ,council1 in consultation with the ,director and the ,administrator1 shall-- 7#a7 not later than #a year after the date of enactment of this subchapter1 establish a property management plan template1 to be updated annually1 which shall include performance measures1 specific milestones1 measurable savings1 strategies1 and ,government-wide goals based on the goals established under section #ebd7;a77#g7 to reduce surplus property1 to achieve better utilization of underutilized property1 or to enhance management of high value personal property1 and evaluation criteria to determine the effectiveness of property management that are designed-- 7,a7 to enable ,congress and heads of ,federal agencies to track progress in the achievement of property management objectives on a ,government-wide basis2 7,b7 to improve the management of real property2 and 7,c7 to allow for comparison of the performance of ,federal agencies against industry and other public sector agencies in terms of performance2 7#b7 develop utilization rates consistent throughout each category of space1 considering the diverse nature of the ,federal portfolio and consistent with nongovernmental space use rates2 7#c7 develop a strategy to reduce the reliance of ,federal agencies on leased space for long-term needs if ownership would be less costly2 7#d7 provide guidance on eliminating inefficiencies in the ,federal leasing process2 7#e7 compile a list of field offices that are suitable for collocation with other property assets2 7#f7 research best practices regarding the use of public-private partnerships to manage properties and develop guidelines for the use of those partnerships in the management of ,federal property2 7#g7 not later than #a year after the date of enactment of this subchapter-- 7,a7 examine the disposal of surplus property through the ,state ,agencies for ,surplus ,property program2 and 7,b7 issue a report that includes recommendations on how the program could be improved to ensure accountability and increase efficiencies in the property disposal process2 and 7#h7 not later than #a year after the date of enactment of this subchapter and annually during the #d-year period beginning on the date that is #a year after the date of enactment of this subchapter and ending on the date that is #e years after the date of enactment of this subchapter1 the ,council shall submit to the ,director a report that contains-- 7,a7 a list of the remaining excess property or surplus property that is real property1 and underutilized properties of each ,federal agency2 7,b7 the progress of the ,council toward developing guidance for ,federal agencies to ensure that the assessment required under section #ebd7;a77#aa77;,b7 is carried out in a uniform manner2 7,c7 the progress of ,federal agencies toward achieving the goals established under section #ebd7;a77#g72 and 7,d7 if necessary1 recommendations for legislation or statutory reforms that would further the goals of the ,council1 including streamlining the disposal of excess real or personal property or underutilized property4 7f7 ,consultation ,in carrying out the duties described in subsection 7e71 the ,council shall also consult with representatives of-- 7#a7 ,state1 local1 tribal authorities1 and affected communities2 and 7#b7 appropriate private sector entities and nongovernmental organizations that have expertise in areas of-- 7,a7 commercial real estate and development2 7,b7 government management and operations2 7,c7 space planning2 7,d7 community development1 including transportation and planning2 7,e7 historic preservation2 7,f7 providing housing to the homeless population2 and 7,g7 personal property management4 7g7 ,council resources ,the ,director and the ,administrator shall provide staffing1 and administrative support for the ,council1 as appropriate4 7h7 ,access to information ,the ,council shall make available1 on request1 all information generated by the ,council in performing the duties of the ,council to-- 7#a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7#b7 the ,committee on ,environment and ,public ,works of the ,senate2 7#c7 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives2 7#d7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 and 7#e7 the ,comptroller ,general of the ,united ,states4 7i7 ,exclusions ,in this section1 surplus property shall not include-- 7#a7 any military installation 7as defined in section #biaj of the ,defense ,base ,closure and ,realignment ,act of #aiij 7#aj ,u4,s4,c4 #bfhg note2 ,public ,law #aja-eaj772 7#b7 any property that is excepted from the definition of the term property under section #ajb2 7#c7 ,indian and native ,eskimo property held in trust by the ,federal ,government as described in section #ccja7;a77#e77;,c77iii72 7#d7 real property operated and maintained by the ,tennessee ,valley ,authority pursuant to the ,tennessee ,valley ,authority ,act of #aicc 7#af ,u4,s4,c4 #hca et seq472 7#e7 any real property the ,director excludes for reasons of national security2 7#f7 any public lands 7as defined in section #bjc of the ,public ,lands ,corps ,act of #aiic 7#af ,u4,s4,c4 #agbb77 administered by-- 7,a7 the ,secretary of the ,interior1 acting through-- 7i7 the ,director of the ,bureau of ,land ,management2 7ii7 the ,director of the ,national ,park ,service2 7iii7 the ,commissioner of ,reclamation2 or 7iv7 the ,director of the ,united ,states ,fish and ,wildlife ,service2 or 7,b7 the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service2 or 7#g7 any property operated and maintained by the ,united ,states ,postal ,service4 #fbc4 ,inventory and database 7a7 ,in general ,not later than #a year after the date of enactment of this subchapter1 the ,administrator shall establish and maintain a single1 comprehensive1 and descriptive database of all real property under the custody and control of all ,federal agencies4 7b7 ,contents ,the database shall include-- 7#a7 information provided to the ,administrator under section #ebd7;a77#aa77;,b72 and 7#b7 a list of property disposals completed1 including-- 7,a7 the date and disposal method used for each property2 7,b7 the proceeds obtained from the disposal of each property2 7,c7 the amount of time required to dispose of the property1 including the date on which the property is designated as excess property2 7,d7 the date on which the property is designated as surplus property and the date on which the property is disposed2 and 7,e7 all costs associated with the disposal4 7c7 ,accessibility 7#a7 ,committees ,the database established under subsection 7a7 shall be made available on request to the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,oversight and ,government ,reform and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7#b7 ,general public ,not later than #c years after the date of enactment of this subchapter and to the extent consistent with national security1 the ,administrator shall make the database established under subsection 7a7 accessible to the public at no cost through the website of the ,general ,services ,administration4 7d7 ,exclusions ,in this section1 surplus property shall not include-- 7#a7 any military installation 7as defined in section #biaj of the ,defense ,base ,closure and ,realignment ,act of #aiij 7#aj ,u4,s4,c4 #bfhg note2 ,public ,law #aja-eaj772 7#b7 any property that is excepted from the definition of the term property under section #ajb2 7#c7 ,indian and native ,eskimo property held in trust by the ,federal ,government as described in section #ccja7;a77#e77;,c77iii72 7#d7 real property operated and maintained by the ,tennessee ,valley ,authority pursuant to the ,tennessee ,valley ,authority ,act of #aicc 7#af ,u4,s4,c4 #hca et seq472 7#e7 any real property the ,director excludes for reasons of national security2 7#f7 any public lands 7as defined in section #bjc of the ,public ,lands ,corps ,act of #aiic 7#af ,u4,s4,c4 #agbb77 administered by-- 7,a7 the ,secretary of the ,interior1 acting through-- 7i7 the ,director of the ,bureau of ,land ,management2 7ii7 the ,director of the ,national ,park ,service2 7iii7 the ,commissioner of ,reclamation2 or 7iv7 the ,director of the ,united ,states ,fish and ,wildlife ,service2 or 7,b7 the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service2 or 7#g7 any property operated and maintained by the ,united ,states ,postal ,service4 4 7b7 ,technical and conforming amendments 7#a7 ,table of sections ,the table of sections for chapter #e of subtitle ,i of title #dj1 ,united ,states ,code1 is amended by inserting after the item relating to section #faa the following3 ,,subchapter ,,vii--,property management,sec4 #fba4 ,definitions4,sec4 #fbb4 ,establishment of a ,federal ,property ,council4,sec4 #fbc4 ,inventory and database4 4 7#b7 ,technical amendment ,section #ajb of title #dj1 ,united ,states ,code1 is amended in the matter preceding paragraph 7#a7 by striking ,the and inserting ,except as provided in subchapter ,,vii of chapter #e of this title1 the4 #aajd4 ,agency retention of proceeds ,section #ega of title #dj1 ,united ,states ,code1 is amended to read as follows3 #ega4 ,general rules for deposit and use of proceeds 7a7 ,proceeds from transfer or sale of real property 7#a7 ,deposit of net proceeds ,net proceeds described in subsection 7d7 shall be deposited into the appropriate account of the agency that had custody and accountability for the property at the time the property is determined to be excess4 7#b7 ,expenditure of net proceeds ,the net proceeds deposited pursuant to paragraph 7#a7 may only be expended as authorized in annual appropriations ,acts1 for-- 7,a7 activities described in sections #edc and #ede1 including paying costs incurred by the ,general ,services ,administration for any disposal-related activity authorized by this title2 and 7,b7 activities pursuant to implementation of the ,federal ,buildings ,personnel ,training ,act of #bjaj 7#dj ,u4,s4,c4 #eha note2 ,public ,law #aaa-cjh74 7#c7 ,deficit reduction ,any net proceeds described in subsection 7d7 from the sale1 lease1 or other disposition of surplus real property that are not expended under paragraph 7#b7 shall be used for deficit reduction4 7b7 ,effect on other sections ,nothing in this section is intended to affect section #egb7;b71 #egc1 or #egd4 7c7 ,disposal agency for reverted property ,for the purposes of this section1 for any property that reverts to the ,united ,states under sections #eej and #eec1 the ,general ,services ,administration1 as the disposal agency1 shall be treated as the agency with custody and accountability for the property at the time the property is determined to be excess4 7d7 ,net proceeds ,the net proceeds described in this subsection are proceeds under this chapter1 less expenses of the transfer or disposition as provided in section #egb7;a71 from-- 7#a7 a transfer of excess real property to a ,federal agency for agency use2 or 7#b7 a sale1 lease1 or other disposition of surplus real property4 7e7 ,proceeds from transfer or sale of personal property 7#a7 ,in general ,except as otherwise provided in this subchapter1 proceeds described in paragraph 7#b7 shall be deposited in the ,treasury as miscellaneous receipts4 7#b7 ,proceeds ,the proceeds described in this paragraph are proceeds under this chapter from-- 7,a7 a transfer of excess personal property to a ,federal agency for agency use2 or 7,b7 a sale1 lease1 or other disposition of surplus personal property4 7#c7 ,payment of expenses of sale before deposit 7,a7 ,in general ,subject to regulations under this subtitle1 the expenses of the sale of personal property may be paid from the proceeds of the sale so that only the net proceeds are deposited in the ,treasury4 7,b7 ,application ,this paragraph applies whether proceeds are deposited as miscellaneous receipts or to the credit of an appropriation as authorized by law4 4 #aaje4 ,surplus property donations to museums ,section #edi7;c77#c77;,b7 of title #dj1 ,united ,states ,code1 is amended by striking clause 7vii7 and inserting the following3 7vii7 a museum open to the public on a regularly scheduled weekly basis1 and the hours of operation are1 at a minimum1 during normal business hours 7as determined by the ,administrator72 4 #aajf4 ,duties of ,federal agencies 7a7 ,in general ,section #ebd7;a7 of title #dj1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#d71 by striking and at the end2 7#b7 in paragraph 7#e71 by striking the period at the end and inserting a semicolon2 and 7#c7 by adding at the end the following3 7#f7 develop current and future workforce projections so as to have the capacity to assess the needs of the ,federal workforce regarding the use of real property2 7#g7 establish goals and policies that will lead the executive agency to reduce excess property and underutilized property in the inventory of the executive agency2 7#h7 submit to the ,federal ,property ,council an annual report on all excess property that is real property and underutilized property in the inventory of the executive agency1 including-- 7,a7 whether underutilized property can be better utilized1 including through collocation with other executive agencies or consolidation with other facilities2 and 7,b7 the extent to which the executive agency believes that retention of the underutilized property serves the needs of the executive agency2 7#i7 adopt workplace practices1 configurations1 and management techniques that can achieve increased levels of productivity and decrease the need for real property assets2 7#aj7 assess leased space to identify space that is not fully used or occupied2 7#aa7 on an annual basis and subject to the guidance of the ,federal ,property ,council-- 7,a7 conduct an inventory of real property under control of the executive agency2 and 7,b7 make an assessment of each property1 which shall include-- 7i7 the age and condition of the property2 7ii7 the size of the property in square footage and acreage2 7iii7 the geographical location of the property1 including an address and description2 7iv7 the extent to which the property is being utilized2 7v7 the actual annual operating costs associated with the property2 7vi7 the total cost of capital expenditures incurred by the ,federal ,government associated with the property2 7vii7 sustainability metrics associated with the property2 7viii7 the number of ,federal employees and contractor employees and functions housed at the property2 7ix7 the extent to which the mission of the executive agency is dependent on the property2 7x7 the estimated amount of capital expenditures projected to maintain and operate the property during the #e-year period beginning on the date of enactment of this paragraph2 and 7xi7 any additional information required by the ,administrator of ,general ,services to carry out section #fbb2 and 7#ab7 provide to the ,federal ,property ,council and the ,administrator of ,general ,services the information described in paragraph 7#aa77;,b7 to be used for the establishment and maintenance of the database described in section #fbc4 4 7b7 ,definition of executive agency ,section #ebd of title #dj1 ,united ,states ,code1 is amended by adding at the end the following3 7c7 ,definition of executive agency ,for the purpose of paragraphs 7#f7 through 7#ab7 of subsection 7a71 the term executive agency shall have the meaning given the term ,federal agency in section #fba4 4 #aajg4 ,streamlining the ,mc,kinney-,vento ,homeless ,assistance ,act ,section #eja of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadaa7 is amended-- 7#a7 in subsection 7b77#b77;,a71 by amending clause 7ii7 to read as follows3 7ii7 in the case of surplus property-- 7,i7 for use to assist the homeless either in accordance with this section or as a public health use in accordance with paragraphs 7#a7 and 7#d7 of section #bjc7k7 of the ,federal ,property and ,administrative ,services ,act of #aidi 7#dj ,u4,s4,c4 #dhd7k7 7#a7 and 7#d772 and 7,,ii7 to provide permanent housing with or without supportive services to assist the homeless in accordance with this section4 2 7#b7 in subsection 7c77#a77;,a71 in the matter preceding clause 7i71 by striking in the ,federal ,register and inserting on the website of the ,department of ,housing and ,urban ,development or the ,general ,services ,administration2 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#a71 by striking #fj days and inserting #cj days2 7,b7 by striking #fj-;day period each place that term appears and inserting #cj-;day period2 and 7,c7 in paragraph 7#c71 by adding at the end the following3 ,if the representative of the homeless does not request a review of the determination of unsuitability during the #bj-;day period described in this paragraph1 the property shall not be included in any subsequent publication under subsection 7c77#a77;,a77ii7 unless the landholding agency makes changes to the property1 including improvements1 that may change the unsuitable determination and the ,secretary subsequently determines the property is suitable42 7#d7 in subsection 7e7-- 7,a7 in paragraph 7#b7-- 7i7 by striking #ij days and inserting #ge days2 7ii7 by striking a complete application and inserting an initial application2 and 7iii7 by adding at the end the following3 ,an initial application shall set forth 7,a7 the services that will be offered1 7,b7 the need for the services1 and 7,c7 the experience that the applicant has that demonstrates the ability to provide the services42 7,b7 in paragraph 7#c7-- 7i7 by striking #be days after receipt of a completed application and inserting #aj days after the date on which the ,secretary of ,health and ,human ,services receives an initial application under paragraph 7#b72 and 7ii7 by striking an application and inserting an initial application2 and 7,c7 by adding at the end the following3 7#d7 ,not later than #de days after the date on which the ,secretary of ,health and ,human ,services approves an initial application under paragraph 7#c71 the applicant shall submit to the ,secretary of ,health and ,human ,services a final application1 which shall set forth a reasonable plan to finance the approved program4 7#e7 ,not later than #ae days after the date on which the ,secretary of ,health and ,human ,services receives a final application under paragraph 7#d71 the ,secretary of ,health and ,human ,services shall review1 make a final determination1 and complete all actions on the final application4 ,the ,secretary of ,health and ,human ,services shall maintain a public record of all actions taken in response to a final application4 2 and 7#e7 in subsection 7f77#a71 by striking available by and inserting available1 at the discretion of the applicant1 by4 ,b ,taxpayers right to know #abja4 ,short title ,this subtitle may be cited as the ,taxpayers ,right-,to-,know ,act4 #abjb4 ,inventory of ,government programs 7a7 ,in general ,section #aabb7;a7 of title #ca1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraphs 7#a7 and 7#b7 as paragraphs 7#b7 and 7#c71 respectively2 7#b7 by inserting before paragraph 7#b71 as so redesignated1 the following3 7#a7 ,definition of program ,for purposes of this subsection1 the term program means an organized set of activities by #a or more agencies directed toward a common purpose or goal4 2 7#c7 in paragraph 7#b71 as so redesignated-- 7,a7 by striking ,in general4--,not later than ,october #a1 #bjab1 the ,office of ,management and ,budget shall and inserting ,website and program inventory4--,the ,director of the ,office of ,management and ,budget shall2 7,b7 by striking subparagraph 7,c7 and inserting the following3 7,c7 include on the website-- 7i7 a program inventory that shall identify each program of the ,federal ,government for which there is more than #a1jjj1jjj in annual budget authority1 which shall include-- 7,i7 any activity that is commonly referred to as a program by a ,federal agency in communications with ,congress1 including any activity identified as a program in a budget request2 7,,ii7 any activity that is commonly referred to as a program by a ,federal agency in communications with the public1 including each program for which financial awards are made on a competitive basis2 and 7,,iii7 any activity referenced in law as a program after ,june #cj1 #bjai2 and 7ii7 for each program identified in the program inventory1 the information required under paragraph 7#c7 or paragraph 7#d71 as applicable4 2 7#d7 in paragraph 7#c71 as so redesignated-- 7,a7 in the matter preceding subparagraph 7,a71 by striking ,information4--,information for each program described under paragraph 7#a7 and inserting ,information for larger programs4--,information for each program identified in the program inventory required under paragraph 7#b7 for which there is more than #aj1jjj1jjj in annual budget authority2 7,b7 by striking subparagraph 7,c72 7,c7 by redesignating subparagraph 7,b7 as subparagraph 7,d72 7,d7 by striking subparagraph 7,a7 and inserting the following3 7,a7 an identification of the program activities that are aggregated1 disaggregated1 or consolidated as part of identifying programs2 7,b7 for each program activity described in subparagraph 7,a71 the amount of funding for the current fiscal year and previous #b fiscal years2 7,c7 an estimate of the amount of funding for the program2 2 7,e7 in subparagraph 7,d71 as so redesignated1 by striking and at the end2 and 7,f7 by adding at the end the following3 7,e7 an identification of the statutes that authorize the program and any major regulations specific to the program2 7,f7 for any program that provides grants or other financial assistance to individuals or entities1 for the most recent fiscal year-- 7i7 a description of the individuals served by the program and beneficiaries who received financial assistance under the program1 including an estimate of the number of individuals and beneficiaries1 to the extent practicable2 7ii7 for each program for which the head of an agency determines it is not practicable to provide an estimate of the number of individuals and beneficiaries served by the program-- 7,i7 an explanation of why data regarding the number of such individuals and beneficiaries cannot be provided2 and 7,,ii7 a discussion of the measures that could be taken to gather the data required to provide such an estimate2 and 7iii7 a description of-- 7,i7 the ,federal employees who administer the program1 including the number of full-time equivalents with a pro rata estimate for full-time equivalents associated with multiple programs2 and 7,,ii7 other individuals whose salary is paid in part or full by the ,federal ,government through a grant1 contract1 cooperative agreement1 or another form of financial award or assistance who administer or assist in any way in administering the program1 including the number of full-time equivalents1 to the extent practicable2 7,g7 links to any evaluation1 assessment1 or program performance reviews by the agency1 an ,inspector ,general1 or the ,government ,accountability ,office 7including program performance reports required under section #aaaf7 released during the preceding #e years2 and 7,h7 to the extent practicable1 financial and other information for each program activity required to be reported under the ,federal ,funding ,accountability and ,transparency ,act of #bjjf 7#ca ,u4,s4,c4 #faja note74 2 and 7#e7 by adding at the end the following3 7#d7 ,information for smaller programs ,information for each program identified in the program inventory required under paragraph 7#b7 for which there is more than #a1jjj1jjj and not more than #aj1jjj1jjj in annual budget authority shall1 at a minimum1 include-- 7,a7 an identification of the program activities that are aggregated1 disaggregated1 or consolidated as part of identifying programs2 7,b7 for each program activity described in subparagraph 7,a71 the amount of funding for the current fiscal year and previous #b fiscal years2 7,c7 an identification of the statutes that authorize the program and any major regulations specific to the program2 7,d7 for any program that provides grants or other financial assistance to individuals or entities1 a description of the individuals served by the program and beneficiaries who received financial assistance under the program for the most recent fiscal year2 and 7,e7 links to any evaluation1 assessment1 or program performance reviews by the agency1 an ,inspector ,general1 or the ,government ,accountability ,office 7including program performance reports required under section #aaaf7 released during the preceding #e years4 7#e7 ,archiving ,after the end of each fiscal year1 the ,director of the ,office of ,management and ,budget shall archive and preserve the information included in the program inventory required under paragraph 7#b7 relating to that fiscal year4 4 7b7 ,expired grant funding ,not later than ,february #a of each fiscal year1 the ,director of the ,office of ,management and ,budget shall publish on a public website the total amount of undisbursed grant funding remaining in grant accounts for which the period of availability to the grantee has expired4 #abjc4 ,guidance and implementation 7a7 ,guidance ,not later than ,june #cj1 #bjah1 the ,director of the ,office of ,management and ,budget-- 7#a7 shall prescribe guidance to implement this subtitle1 and the amendments made by this subtitle2 7#b7 shall issue guidance to agencies to identify how the program activities used for reporting under the ,federal ,funding ,accountability and ,transparency ,act of #bjjf 7#ca ,u4,s4,c4 #faja note7 are associated with programs identified in the program inventory required under section #aabb7;a77#b77;,c77i7 of title #ca1 ,united ,states ,code1 as amended by section #abjb2 7#c7 may issue guidance to agencies to ensure that the programs identified in the program inventory required under section #aabb7;a77#b77;,c77i7 of title #ca1 ,united ,states ,code1 as amended by section #abjb1 are presented at a similar level of detail across agencies and are not duplicative or overlapping2 and 7#d7 may1 based on an analysis of the costs of implementation1 and after submitting to ,congress a notification of the action by the ,director-- 7,a7 exempt from the requirements under section #aabb7;a7 of title #ca1 ,united ,states ,code1 an agency that-- 7i7 is not listed in section #ija7;b7 of title #ca1 ,united ,states ,code2 and 7ii7 for the fiscal year during which the exemption is made1 has budget authority 7as defined in section #c of the ,congressional ,budget ,act of #aigd 7#b ,u4,s4,c4 #fbb77 of not more than #aj1jjj1jjj2 and 7,b7 extend the implementation deadline under subsection 7b7 by not more than #a year4 7b7 ,implementation ,this subtitle1 and the amendments made by this subtitle1 shall be implemented not later than ,june #cj1 #bjai4 ,c ,stopping ,improper ,payments to ,deceased ,people #acja4 ,short title ,this subtitle may be cited as the ,stopping ,improper ,payments to ,deceased ,people ,act4 #acjb4 ,distribution of death information furnished to or maintained by the social security administration 7a7 ,in general 7#a7 ,in general ,section #bje7r7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dje7r77 is amended-- 7,a7 in paragraph 7#b7-- 7i7 by striking may and inserting shall2 and 7ii7 by inserting 1 and to ensure the completeness1 timeliness1 and accuracy of1 after transmitting2 7,b7 by striking paragraphs 7#c71 7#d71 and 7#e7 and inserting the following3 7#c7 7,a7 ,the ,commissioner of ,social ,security shall1 to the extent feasible1 provide for the use of information regarding all deceased individuals furnished to or maintained by the ,commissioner under this subsection in accordance with subparagraph 7,b71 subject to such safeguards as the ,commissioner of ,social ,security determines are necessary or appropriate to protect the information from unauthorized use or disclosure1 by any ,federal or ,state agency providing federally funded benefits or administering a ,federal program for such benefits1 including the agency operating the ,do ,not ,pay working system for ensuring proper payment of those benefits1 through a cooperative arrangement with the agency 7that includes the agency's ,inspector ,general7 or with an agency's ,inspector ,general1 if-- 7i7 under such arrangement the agency 7including1 if applicable1 the agency's ,inspector ,general7 provides reimbursement to the ,commissioner of ,social ,security for the reasonable cost of carrying out such arrangement1 including the reasonable costs associated with the collection and maintenance of information regarding deceased individuals furnished to the ,commissioner pursuant to paragraph 7#a71 and 7ii7 such arrangement does not conflict with the duties of the ,commissioner of ,social ,security under paragraph 7#a74 7,b7 ,the ,commissioner of ,social ,security shall1 to the extent feasible1 provide for the use of information regarding all deceased individuals furnished to or maintained by the ,commissioner under this subsection1 through a cooperative arrangement in order for a ,federal agency to carry out any of the following purposes1 if the requirements of clauses 7i7 and 7ii7 of subparagraph 7,a7 are met3 7i7 ,operating the ,do ,not ,pay working system established by section #e of the ,improper ,payments ,elimination and ,recovery ,improvement ,act of #bjab4 ,under such arrangement1 the agency operating the working system may compare death information disclosed by the ,commissioner with personally identifiable information reviewed through the working system1 and may redisclose such comparison of information1 as appropriate1 to any ,federal or ,state agency authorized to use the working system4 7ii7 ,to ensure proper payments under a ,federal program or the proper payment of federally funded benefits1 including for purposes of payment certification1 payment disbursement1 and the prevention1 identification1 or recoupment of improper payments4 7iii7 ,to carry out tax administration or debt collection duties of the agency4 7iv7 ,for use by any policing agency of the ,federal ,government with the principle function of prevention1 detection1 or investigation of crime or the apprehension of alleged offenders4 7#d7 ,the ,commissioner of ,social ,security may enter into similar arrangements with ,states to provide information regarding all deceased individuals furnished to or maintained by the ,commissioner under this subsection1 for any of the purposes specified in paragraph 7#c77;,b71 for use by ,states in programs wholly funded by the ,states1 or for use in the administration of a benefit pension plan or retirement system for employees of a ,state or a political subdivision thereof1 if the requirements of clauses 7i7 and 7ii7 of paragraph 7#c77;,a7 are met4 ,for purposes of this paragraph1 the terms retirement system and political subdivision have the meanings given such terms in section #bah7;b74 7#e7 ,the ,commissioner of ,social ,security may use or provide for the use of information regarding all deceased individuals furnished to or maintained by the ,commissioner under this subsection1 subject to such safeguards as the ,commissioner of ,social ,security determines are necessary or appropriate to protect the information from unauthorized use or disclosure1 for statistical purposes and research activities by ,federal and ,state agencies if the requirements of clauses 7i7 and 7ii7 of paragraph 7#c77;,a7 are met4 ,for purposes of this paragraph1 the term statistical purposes has the meaning given that term in section #ejb of the ,confidential ,information ,protection and ,statistical ,efficiency ,act of #bjjb4 2 and 7,c7 in paragraph 7#h77;,a77i71 by striking subparagraphs 7,a7 and 7,b7 of paragraph 7#c7 and inserting clauses 7i7 and 7ii7 of paragraph 7#c77;,a74 7#b7 ,repeal ,effective on the date that is #e years after the date of enactment of this ,act1 the amendments made by this subsection to paragraphs 7#c71 7#d71 7#e71 and 7#h7 of section #bje7r7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dje7r77 are repealed1 and the provisions of section #bje7r7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fje7r77 so amended are restored and revived as if such amendments had not been enacted4 7b7 ,amendment to internal revenue code ,section #fajc7;d77#d7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 in subparagraphs 7,a7 and 7,b71 by striking ,secretary of ,health and ,human ,services each place it appears and inserting ,commissioner of ,social ,security2 and 7#b7 in subparagraph 7,b77ii71 by striking such ,secretary and all that follows through deceased individuals4 and inserting such ,commissioner pursuant to such contract1 except that such contract may provide that such information is only to be used by the ,social ,security ,administration 7or any other ,federal agency7 for purposes authorized in the ,social ,security ,act or this title44 7c7 ,report to ,congress on alternative sources of death data 7#a7 ,requirements ,the ,director of the ,office of ,management and ,budget shall conduct a review of potential alternative sources of death data maintained by the non-,federal sources1 including sources maintained by ,state agencies or associations of ,state agencies1 for use by ,federal agencies and programs4 ,the review shall include analyses of-- 7,a7 the accuracy and completeness of such data2 7,b7 interoperability of such data2 7,c7 the extent to which there is efficient accessability of such data by ,federal agencies2 7,d7 the cost to ,federal agencies of accessing and maintaining such data2 7,e7 the security of such data2 7,f7 the reliability of such data2 and 7,g7 a comparison of the potential alternate sources of death data to the death data distributed by the ,commissioner of ,social ,security4 7#b7 ,report ,not later than #d years after the date of enactment of this ,act1 the ,director of the ,office of ,management and ,budget shall submit a report to ,congress on the results of the review and analyses required under paragraph 7#a74 ,the report shall include a recommendation by the ,director of the ,office of ,management and ,budget regarding whether to extend the agency access to death data distributed by the ,commissioner of ,social ,security provided under the amendments made by subsection 7a77#a7 beyond the date on which such amendments are to be repealed under subsection 7a77#b74 #acjc4 ,improving the use of death data by government agencies to curb improper payments ,section #g of the ,improper ,payments ,elimination and ,recovery ,improvement ,act of #bjab 7#ca ,u4,s4,c4 #ccba note7 is amended by adding at the end the following3 7c7 ,guidance to agencies regarding data matching with death databases 7#a7 ,guidance to agencies ,not later than #f months after the date of enactment of this subsection1 and in consultation with the ,council of ,inspectors ,general on ,integrity and ,efficiency and the heads of other relevant ,federal1 ,state1 and local agencies1 and ,indian tribes and tribal organizations1 the ,director of the ,office of ,management and ,budget shall issue guidance for each agency or component of an agency that operates or maintains a database of information relating to beneficiaries1 annuity recipients1 or any purpose described in section #bje7r77#c77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dje7r77#c77;,b77 for which improved data matching with databases relating to the death of an individual 7in this subsection referred to as death databases7 would be relevant and necessary regarding implementation of this subsection to provide such agencies or components access to the death databases no later than #f months after such date of enactment4 7#b7 ,plan to assist ,states and local agencies and ,indian tribes and tribal organizations ,not later than #a year after the date of enactment of this subsection1 the ,director of the ,office of ,management and ,budget shall develop a plan to assist ,states and local agencies1 and ,indian tribes and tribal organizations1 in providing electronically to the ,federal ,government records relating to the death of individuals1 which may include recommendations to ,congress for any statutory changes or financial assistance to ,states and local agencies and ,indian tribes and tribal organizations that are necessary to ensure ,states and local agencies and ,indian tribes and tribal organizations can provide such records electronically4 ,the plan may include recommendations for the authorization of appropriations or other funding to carry out the plan4 7d7 ,reports 7#a7 ,report to congress on improving data matching regarding payments to deceased individuals ,not later than #bgj days after the date of enactment of this subsection1 the ,director of the ,office of ,management and ,budget1 in consultation with the heads of other relevant ,federal agencies1 and in consultation with ,states and local agencies1 ,indian tribes and tribal organizations1 shall submit to ,congress a plan to improve how ,states and local agencies and ,indian tribes and tribal organizations that provide benefits under a federally funded program will improve data matching with the ,federal ,government with respect to the death of individuals who are recipients of such benefits4 7#b7 ,annual report ,not later than #a year after the date of enactment of this section1 and for each of the #d succeeding years1 the ,director of the ,office of ,management and ,budget shall submit to ,congress a report regarding the implementation of subsection 7c7 and paragraph 7#a74 ,the first report submitted under this paragraph shall include the recommendations of the ,director required under subsection 7c77#b74 7e7 ,definitions ,in this section1 the terms ,indian tribe and tribal organization have the meanings given those terms in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 4 #acjd4 ,plan for ensuring the accuracy and completeness of death data maintained and distributed by the ,social ,security ,administration 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,commissioner of ,social ,security shall submit to ,congress a plan1 which shall include the elements described in subsection 7b71 to improve the accuracy and completeness of the death data 7including data regarding individuals who are not eligible for or receiving benefits under titles ,,ii or ,,xvi of the ,social ,security ,act7 maintained and distributed by the ,social ,security ,administration4 7b7 ,content of plan ,the plan required under subsection 7a7 shall include the following elements3 7#a7 ,a procedure for identifying individuals who are still alive and are older than the oldest known living person according to the records of the ,social ,security ,administration4 7#b7 ,improved policies and procedures for identifying and correcting erroneous records1 including policies and procedures for-- 7,a7 identifying individuals listed as dead who are actually alive2 7,b7 identifying individuals listed as alive who are actually dead2 and 7,c7 allowing individuals or survivors of deceased individuals to notify the ,social ,security ,administration of potential errors4 7#c7 ,improved policies and procedures to identify and correct errors in the records of the ,numerical ,identification ,system1 and death data4 7#d7 ,a process for employing statistical analysis of the death data maintained and distributed by the ,social ,security ,administration to determine an estimate of the number of erroneous records4 7#e7 ,recommendations for legislation4 #acje4 ,report on information security ,not later than #ij days after the date of the enactment of this ,act1 the ,commissioner of ,social ,security shall submit a report to the ,committees on ,ways and ,means1 ,oversight and ,government ,reform1 and ,homeland ,security of the ,house of ,representatives1 and the ,committees on ,finance and ,homeland ,security and ,governmental ,affairs of the ,senate that-- 7#a7 identifies all information systems of the ,social ,security ,administration containing sensitive information2 and 7#b7 describes the measures the ,commissioner is taking to secure and protect such information systems4 ,d ,fraud reduction and data analytics #adja4 ,short title ,this subtitle may be cited as the ,fraud ,reduction and ,data ,analytics ,act of #bjaf4 #adjb4 ,definitions ,in this subtitle-- 7#a7 the term agency has the meaning given the term in section #eea of title #e1 ,united ,states ,code2 and 7#b7 the term improper payment has the meaning given the term in section #b7;g7 of the ,improper ,payments ,information ,act of #bjjb 7#ca ,u4,s4,c4 #ccba note74 #adjc4 ,establishment of financial and administrative controls relating to fraud and improper payments 7a7 ,guidelines 7#a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,director of the ,office of ,management and ,budget1 in consultation with the ,comptroller ,general of the ,united ,states1 shall establish guidelines for agencies to establish financial and administrative controls to identify and assess fraud risks and design and implement control activities in order to prevent1 detect1 and respond to fraud1 including improper payments4 7#b7 ,contents ,the guidelines described in paragraph 7#a7 shall incorporate the leading practices identified in the report published by the ,government ,accountability ,office on ,july #bh1 #bjae1 entitled ,framework for ,managing ,fraud ,risks in ,federal ,programs4 7#c7 ,modification ,the ,director of the ,office of ,management and ,budget1 in consultation with the ,comptroller ,general of the ,united ,states1 may periodically modify the guidelines described in paragraph 7#a7 as the ,director and ,comptroller ,general may determine necessary4 7b7 ,requirements for controls ,the financial and administrative controls required to be established by agencies under subsection 7a7 shall include-- 7#a7 conducting an evaluation of fraud risks and using a risk-based approach to design and implement financial and administrative control activities to mitigate identified fraud risks2 7#b7 collecting and analyzing data from reporting mechanisms on detected fraud to monitor fraud trends and using that data and information to continuously improve fraud prevention controls2 and 7#c7 using the results of monitoring1 evaluation1 audits1 and investigations to improve fraud prevention1 detection1 and response4 7c7 ,reports 7#a7 ,in general ,except as provided in paragraph 7#b71 for each of the first #c fiscal years beginning after the date of enactment of this ,act1 each agency shall submit to ,congress1 as part of the annual financial report of the agency1 a report on the progress of the agency in-- 7,a7 implementing-- 7i7 the financial and administrative controls required to be established under subsection 7a72 7ii7 the fraud risk principle in the ,standards for ,internal ,control in the ,federal ,government2 and 7iii7 ,office of ,management and ,budget ,circular ,a-#abc with respect to the leading practices for managing fraud risk2 7,b7 identifying risks and vulnerabilities to fraud1 including with respect to payroll1 beneficiary payments1 grants1 large contracts1 and purchase and travel cards2 and 7,c7 establishing strategies1 procedures1 and other steps to curb fraud4 7#b7 ,first report ,if the date of enactment of this ,act is less than #ahj days before the date on which an agency is required to submit the annual financial report of the agency1 the agency may submit the report required under paragraph 7#a7 as part of the following annual financial report of the agency4 #adjd4 ,working group 7a7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,office of ,management and ,budget shall establish a working group to improve-- 7#a7 the sharing of financial and administrative controls established under section #adjc7;a7 and other best practices and techniques for detecting1 preventing1 and responding to fraud1 including improper payments2 and 7#b7 the sharing and development of data analytics techniques4 7b7 ,composition ,the working group established under subsection 7a7 shall be composed of-- 7#a7 the ,controller of the ,office of ,management and ,budget1 who shall serve as ,chairperson2 7#b7 the ,chief ,financial ,officer of each agency2 and 7#c7 any other party determined to be appropriate by the ,director of the ,office of ,management and ,budget1 which may include the ,chief ,information ,officer1 the ,chief ,procurement ,officer1 or the ,chief ,operating ,officer of each agency4 7c7 ,consultation ,the working group established under subsection 7a7 shall consult with ,offices of ,inspectors ,general and ,federal and non-,federal experts on fraud risk assessments1 financial controls1 and other relevant matters4 7d7 ,meetings ,the working group established under subsection 7a7 shall hold not fewer than #d meetings per year4 7e7 ,plan ,not later than #bgj days after the date of enactment of this ,act1 the working group established under subsection 7a7 shall submit to ,congress a plan for the establishment and use of a ,federal interagency library of data analytics and data sets1 which can incorporate or improve upon existing ,federal resources and capacities1 for use by agencies and ,offices of ,inspectors ,general to facilitate the detection1 prevention1 and recovery of fraud1 including improper payments4 ,e ,duplication reduction and agency coordination #aeja4 ,short title ,this subtitle may be cited as the ,getting ,results through ,enhanced ,accountability and ,transparency ,act of #bjaf4 #aejb4 ,purpose ,the purpose of this subtitle is to increase the efficiency and effectiveness of the ,federal ,government in measuring and managing unnecessary duplication1 fragmentation1 and overlap in ,government programs and in addressing recommendations from the ,government ,accountability ,office4 #aejc4 ,identification1 consolidation1 and elimination of unnecessarily duplicative ,government programs ,section #ba of the ,joint ,resolution entitled ,joint ,resolution increasing the statutory limit on the public debt 7,public ,law #aaa-aci2 #ca ,u4,s4,c4 #gab note7 is amended to read as follows3 #ba4 ,identification1 consolidation1 and elimination of unnecessarily duplicative ,government programs 7a7 ,in general ,the ,comptroller ,general of the ,united ,states shall-- 7#a7 conduct routine investigations to identify programs1 agencies1 offices1 and initiatives with unnecessarily duplicative goals and activities within departments and agencies and ,governmentwide2 and 7#b7 submit to ,congress an annual report on the findings of the investigations under paragraph 7#a74 7b7 ,contents of reports ,reports submitted under subsection 7a77#b7 shall1 to the extent possible-- 7#a7 include-- 7,a7 information from available reports estimating the cost of unnecessary duplication identified under subsection 7a77#a72 and 7,b7 recommendations for consolidation1 coordination1 and elimination to reduce unnecessary duplication1 which shall identify specific rescissions2 and 7#b7 aggregate separately-- 7,a7 estimates of related costs reported by the ,comptroller ,general for instances of actual and potential unnecessary duplication2 and 7,b7 estimates of other potential cost savings and revenue collection reported by the ,comptroller ,general during the period covered by the report4 4 #aejd4 ,improvements to elimination of unnecessary duplication 7a7 ,systematic agency review of operations ,section #cje7;c7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by inserting 1 and ways in which the agency might improve its performance toward its mission before the semicolon2 7#b7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#d7 and 7#e71 respectively2 7#c7 by inserting after paragraph 7#a7 the following3 7#b7 informing the processes of the agency for learning and decisionmaking2 7#c7 assessing potential opportunities to improve coordination within the agency and with other agencies1 and to address actual and potential unnecessary duplication2 2 and 7#d7 in paragraph 7#e71 as so redesignated1 by inserting and performance toward achieving the mission of the agency before the period4 7b7 ,chief ,operating ,officers ,section #aabc7;b7 of title #ca1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by inserting evaluation1 after measurement12 and 7,b7 by inserting risk management1 after progress12 7#b7 by redesignating paragraphs 7#b71 7#c71 and 7#d7 as paragraphs 7#c71 7#d71 and 7#e71 respectively2 7#c7 by inserting after paragraph 7#a7 the following3 7#b7 address crosscutting program and management issues1 including opportunities to improve coordination and address unnecessary duplication1 within and external to the agency using an enterprise risk management approach2 2 7#d7 in paragraph 7#d71 as so redesignated1 by inserting of mission-oriented components and units and mission support after management2 and 7#e7 in paragraph 7#e71 as so redesignated-- 7,a7 by striking such as the ,chief and inserting the following3 8such as-- 7,a7 the heads of mission-related components and units at the agency and the major components of the agency2 and 7,b7 the ,chief 2 and 7,b7 by striking other line of business and all that follows and inserting heads of mission support functions at the agency and at the major components of the agency44 7c7 ,federal ,government and agency performance plans ,section #aaae of title #ca1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#f71 by inserting 1 including actual or potential unnecessary duplication1 after crosscutting in nature2 7#b7 in subsection 7b77#i71 in the matter preceding subparagraph 7,a71 by inserting 1 including actual or potential unnecessary duplication1 after agency faces2 and 7#c7 in subsection 7h7-- 7,a7 by redesignating paragraphs 7#e7 through 7#ab7 as paragraphs 7#f7 through 7#ac71 respectively2 7,b7 by inserting after paragraph 7#d7 the following3 7#e7 enterprise risk management means the processes that are used to address the full spectrum of risks across multiple programs and organizations that are located within a larger entity or initiative1 placing the risks into an integrated and interrelated portfolio1 and prioritizing their mitigation2 2 7,c7 in paragraph 7#ab71 as so redesignated1 by striking and at the end2 7,d7 in paragraph 7#ac71 as so redesignated1 by striking the period and inserting a semicolon2 and 7,e7 by adding at the end the following3 7#ad7 risk means the possibility of-- 7,a7 an adverse event or phenomenon occurring2 or 7,b7 a beneficial opportunity remaining unexploited2 and 7#ae7 risk management means the processes that are used to identify1 assess1 prioritize1 monitor1 mitigate1 and report on risks to achieving the missions1 goals1 and objectives of a department1 agency1 or program1 or group thereof1 using resources and processes appropriate to the nature of the risks and resources available4 4 7d7 ,federal ,government and agency priority goals ,section #aabj of title #ca1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a77;,b7-- 7i7 in the matter preceding clause 7i71 by inserting and mission support after management2 and 7ii7 in clause 7v71 by striking the semicolon and inserting a period2 and 7,b7 in paragraph 7#c7-- 7i7 by redesignating subparagraphs 7,a7 through 7,g7 as clauses 7i7 through 7vii7 and adjusting the margin accordingly2 7ii7 by striking shall consult and inserting the following3 8shall-- 7,a7 consider recommendations of the ,government ,accountability ,office in-- 7i7 the annual report submitted under section #ba of the ,joint ,resolution entitled ,joint ,resolution increasing the statutory limit on the public debt 7,public ,law #aaa-aci2 #ca ,u4,s4,c4 #gab note72 or 7ii7 the ,high ,risk list2 and 7,b7 consult 2 and 7iii7 in subparagraph 7,b77vii71 as so redesignated1 by striking the semicolon and inserting a period2 and 7#b7 in subsection 7b77#a77;,a71 by inserting biennial before consultations4 7e7 ,performance ,improvement ,officers and the ,performance ,improvement ,council ,section #aabd of title #ca1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#b77;,a7-- 7,a7 by inserting 1 in collaboration with heads of agency components and mission support functions1 after ,officer2 7,b7 by inserting evaluation1 after measurement12 and 7,c7 by inserting risk management1 after progress12 and 7#b7 in subsection 7b77#b7-- 7,a7 in subparagraph 7,d71 by inserting including issues relating to coordination and unnecessary duplication1 after issues12 7,b7 in subparagraph 7,e71 by inserting and with non-,federal stakeholders1 including ,states and local governments1 after exchange among agencies2 7,c7 in subparagraph 7,f71 by inserting and mission support after management2 7,d7 in subparagraph 7,i71 by striking and at the end2 7,e7 in subparagraph 7,j71 by striking the period at the end and inserting a semicolon2 and 7,f7 by adding at the end the following3 7,k7 establish a public website2 and 7,l7 place annually and archive on the website a detailed annual report describing the ,performance ,improvement ,council's-- 7i7 structure 7including any committees or task forces72 7ii7 budget and relevant sources of funds2 7iii7 staffing1 on a full-time equivalent basis 7including an accounting of details from agencies72 and 7iv7 past1 current1 and planned activities4 4 7f7 ,elimination of unnecessary agency reporting ,section #aabe7;a77#a7 of title #ca1 ,united ,states ,code1 is amended by striking reports2 and inserting the following3 8reports1 and place the list on a public website1 which shall include1 for each plan or report-- 7,a7 a citation to the relevant statutory requirement or direction in a congressional report2 and 7,b7 an indication of whether and how the agency is complying with the requirement to produce the plan or report1 including a citation to the means through which the agency submits the plan or report2 4 7g7 ,agency reports ,section #gbj7;b7 of title #ca1 ,united ,states ,code1 is amended1 in the matter preceding paragraph 7#a71 by inserting 1 including the annual report on unnecessarily duplicative goals and activities within departments and governmentwide required under section #ba of the ,joint ,resolution entitled ,a joint resolution increasing the statutory limit on the public debt 7,public ,law #aaa-aci2 #ca ,u4,s4,c4 #gab note7 and the ,high ,risk list of the ,government ,accountability ,office1 after makes a report4 ,f ,administrative leave #afja4 ,short title ,this subtitle may be cited as the ,administrative ,leave ,act of #bjaf4 #afjb4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 agency use of administrative leave1 and leave that is referred to incorrectly as administrative leave in agency recording practices1 has exceeded reasonable amounts-- 7,a7 in contravention of-- 7i7 established precedent of the ,comptroller ,general of the ,united ,states2 and 7ii7 guidance provided by the ,office of ,personnel ,management2 and 7,b7 resulting in significant cost to the ,federal ,government2 7#b7 administrative leave should be used sparingly2 7#c7 prior to the use of paid leave to address personnel issues1 an agency should consider other actions1 including-- 7,a7 temporary reassignment2 7,b7 transfer2 and 7,c7 telework2 7#d7 an agency should prioritize and expeditiously conclude an investigation in which an employee is placed in administrative leave so that1 not later than the conclusion of the leave period-- 7,a7 the employee is returned to duty status2 or 7,b7 an appropriate personnel action is taken with respect to the employee2 7#e7 data show that there are too many examples of employees placed in administrative leave for #f months or longer1 leaving the employees without any available recourse to-- 7,a7 return to duty status2 or 7,b7 challenge the decision of the agency2 7#f7 an agency should ensure accurate and consistent recording of the use of administrative leave so that administrative leave can be managed and overseen effectively2 and 7#g7 other forms of excused absence authorized by law should be recorded separately from administrative leave1 as defined by the amendments made by this subtitle4 #afjc4 ,administrative leave 7a7 ,in general ,subchapter ,,ii of chapter #fc of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #fccj4 ,administrative leave 7a7 ,definitions ,in this section-- 7#a7 the term administrative leave means leave-- 7,a7 without loss of or reduction in-- 7i7 pay2 7ii7 leave to which an employee is otherwise entitled under law2 or 7iii7 credit for time or service2 and 7,b7 that is not authorized under any other provision of law2 7#b7 the term agency-- 7,a7 means an ,executive agency 7as defined in section #aje of this title72 and 7,b7 does not include the ,government ,accountability ,office2 and 7#c7 the term employee-- 7,a7 has the meaning given the term in section #baje2 and 7,b7 does not include an intermittent employee who does not have an established regular tour of duty during the administrative workweek4 7b7 ,administrative leave 7#a7 ,in general ,an agency may place an employee in administrative leave for a period of not more than #e consecutive days4 7#b7 ,rule of construction ,nothing in paragraph 7#a7 shall be construed to limit the use of leave that is-- 7,a7 specifically authorized under law2 and 7,b7 not administrative leave4 7#c7 ,records ,an agency shall record administrative leave separately from leave authorized under any other provision of law4 7c7 ,regulations 7#a7 ,,opm regulations ,not later than #a year after the date of enactment of this section1 the ,director of the ,office of ,personnel ,management shall-- 7,a7 prescribe regulations to carry out this section2 and 7,b7 prescribe regulations that provide guidance to agencies regarding-- 7i7 acceptable agency uses of administrative leave2 and 7ii7 the proper recording of-- 7,i7 administrative leave2 and 7,,ii7 other leave authorized by law4 7#b7 ,agency action ,not later than #a year after the date on which the ,director of the ,office of ,personnel ,management prescribes regulations under paragraph 7#a71 each agency shall revise and implement the internal policies of the agency to meet the requirements of this section4 7d7 ,relation to other laws ,notwithstanding subsection 7a7 of section #gdba of title #ch1 this section shall apply to an employee described in subsection 7b7 of that section4 4 7b7 ,,opm study ,not later than #abj days after the date of enactment of this ,act1 the ,director of the ,office of ,personnel ,management1 in consultation with ,federal agencies1 groups representing ,federal employees1 and other relevant stakeholders1 shall submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives a report identifying agency practices1 as of the date of enactment of this ,act1 of placing an employee in administrative leave for more than #e consecutive days when the placement was not specifically authorized by law4 7c7 ,technical and conforming amendment ,the table of sections for subchapter ,,ii of chapter #fc of title #e1 ,united ,states ,code1 is amended by inserting after the item relating to section #fcbi the following3 #fccj4 ,administrative leave4 4 #afjd4 ,investigative leave and notice leave 7a7 ,in general ,subchapter ,,ii of chapter #fc of title #e1 ,united ,states ,code1 as amended by this subtitle1 is further amended by adding at the end the following3 #fccj;a4 ,investigative leave and notice leave 7a7 ,definitions ,in this section-- 7#a7 the term agency-- 7,a7 means an ,executive agency 7as defined in section #aje of this title72 and 7,b7 does not include the ,government ,accountability ,office2 7#b7 the term ,chief ,human ,capital ,officer means-- 7,a7 the ,chief ,human ,capital ,officer of an agency designated or appointed under section #adja2 or 7,b7 the equivalent2 7#c7 the term committees of jurisdiction1 with respect to an agency1 means each committee in the ,senate and ,house of ,representatives with jurisdiction over the agency2 7#d7 the term ,director means the ,director of the ,office of ,personnel ,management2 7#e7 the term employee-- 7,a7 has the meaning given the term in section #baje2 and 7,b7 does not include-- 7i7 an intermittent employee who does not have an established regular tour of duty during the administrative workweek2 or 7ii7 the ,inspector ,general of an agency2 7#f7 the term investigative leave means leave-- 7,a7 without loss of or reduction in-- 7i7 pay2 7ii7 leave to which an employee is otherwise entitled under law2 or 7iii7 credit for time or service2 7,b7 that is not authorized under any other provision of law2 and 7,c7 in which an employee who is the subject of an investigation is placed2 7#g7 the term notice leave means leave-- 7,a7 without loss of or reduction in-- 7i7 pay2 7ii7 leave to which an employee is otherwise entitled under law2 or 7iii7 credit for time or service2 7,b7 that is not authorized under any other provision of law2 and 7,c7 in which an employee who is in a notice period is placed2 and 7#h7 the term notice period means a period beginning on the date on which an employee is provided notice required under law of a proposed adverse action against the employee and ending on the date on which an agency may take the adverse action4 7b7 ,leave for employees under investigation or in a notice period 7#a7 ,authority ,an agency may1 in accordance with paragraph 7#b71 place an employee in-- 7,a7 investigative leave if the employee is the subject of an investigation2 7,b7 notice leave if the employee is in a notice period2 or 7,c7 notice leave following a placement in investigative leave if1 not later than the day after the last day of the period of investigative leave-- 7i7 the agency proposes or initiates an adverse action against the employee2 and 7ii7 the agency determines that the employee continues to meet #a or more of the criteria described in subsection 7c77#a74 7#b7 ,requirements ,an agency may place an employee in leave under paragraph 7#a7 only if the agency has-- 7,a7 made a determination with respect to the employee under subsection 7c77#a72 7,b7 considered the available options for the employee under subsection 7c77#b72 and 7,c7 determined that none of the available options under subsection 7c77#b7 is appropriate4 7c7 ,employees under investigation or in a notice period 7#a7 ,determinations ,an agency may not place an employee in investigative leave or notice leave under subsection 7b7 unless the continued presence of the employee in the workplace during an investigation of the employee or while the employee is in a notice period1 if applicable1 may-- 7,a7 pose a threat to the employee or others2 7,b7 result in the destruction of evidence relevant to an investigation2 7,c7 result in loss of or damage to ,government property2 or 7,d7 otherwise jeopardize legitimate ,government interests4 7#b7 ,available options for employees under investigation or in a notice period ,after making a determination under paragraph 7#a7 with respect to an employee1 and before placing an employee in investigative leave or notice leave under subsection 7b71 an agency shall consider taking #a or more of the following actions3 7,a7 ,assigning the employee to duties in which the employee is no longer a threat to-- 7i7 safety2 7ii7 the mission of the agency2 7iii7 ,government property2 or 7iv7 evidence relevant to an investigation4 7,b7 ,allowing the employee to take leave for which the employee is eligible4 7,c7 ,requiring the employee to telework under section #fejb7;c74 7,d7 ,if the employee is absent from duty without approved leave1 carrying the employee in absence without leave status4 7,e7 ,for an employee subject to a notice period1 curtailing the notice period if there is reasonable cause to believe the employee has committed a crime for which a sentence of imprisonment may be imposed4 7#c7 ,duration of leave 7,a7 ,investigative leave ,subject to extensions of a period of investigative leave for which an employee may be eligible under subsections 7d7 and 7e71 the initial placement of an employee in investigative leave shall be for a period not longer than #aj days4 7,b7 ,notice leave ,placement of an employee in notice leave shall be for a period not longer than the duration of the notice period4 7#d7 ,explanation of leave 7,a7 ,in general ,if an agency places an employee in leave under subsection 7b71 the agency shall provide the employee a written explanation of the leave placement and the reasons for the leave placement4 7,b7 ,explanation ,the written notice under subparagraph 7,a7 shall describe the limitations of the leave placement1 including-- 7i7 the applicable limitations under paragraph 7#c72 and 7ii7 in the case of a placement in investigative leave1 an explanation that1 at the conclusion of the period of leave1 the agency shall take an action under paragraph 7#e74 7#e7 ,agency action ,not later than the day after the last day of a period of investigative leave for an employee under subsection 7b77#a71 an agency shall-- 7,a7 return the employee to regular duty status2 7,b7 take #a or more of the actions authorized under paragraph 7#b71 meaning-- 7i7 assigning the employee to duties in which the employee is no longer a threat to-- 7,i7 safety2 7,,ii7 the mission of the agency2 7,,iii7 ,government property2 or 7,,iv7 evidence relevant to an investigation2 7ii7 allowing the employee to take leave for which the employee is eligible2 7iii7 requiring the employee to telework under section #fejb7;c72 7iv7 if the employee is absent from duty without approved leave1 carrying the employee in absence without leave status2 or 7v7 for an employee subject to a notice period1 curtailing the notice period if there is reasonable cause to believe the employee has committed a crime for which a sentence of imprisonment may be imposed2 7,c7 propose or initiate an adverse action against the employee as provided under law2 or 7,d7 extend the period of investigative leave under subsections 7d7 and 7e74 7#f7 ,rule of construction ,nothing in paragraph 7#e7 shall be construed to prevent the continued investigation of an employee1 except that the placement of an employee in investigative leave may not be extended for that purpose except as provided in subsections 7d7 and 7e74 7d7 ,initial extension of investigative leave 7#a7 ,in general ,subject to paragraph 7#d71 if the ,chief ,human ,capital ,officer of an agency1 or the designee of the ,chief ,human ,capital ,officer1 approves such an extension after consulting with the investigator responsible for conducting the investigation to which an employee is subject1 the agency may extend the period of investigative leave for the employee under subsection 7b7 for not more than #cj days4 7#b7 ,maximum number of extensions ,the total period of additional investigative leave for an employee under paragraph 7#a7 may not exceed #aaj days4 7#c7 ,designation guidance ,not later than #a year after the date of enactment of this section1 the ,chief ,human ,capital ,officers ,council shall issue guidance to ensure that if the ,chief ,human ,capital ,officer of an agency delegates the authority to approve an extension under paragraph 7#a7 to a designee1 the designee is at a sufficiently high level within the agency to make an impartial and independent determination regarding the extension4 7#d7 ,extensions for ,,oig employees 7,a7 ,approval ,in the case of an employee of an ,office of ,inspector ,general-- 7i7 the ,inspector ,general or the designee of the ,inspector ,general1 rather than the ,chief ,human ,capital ,officer or the designee of the ,chief ,human ,capital ,officer1 shall approve an extension of a period of investigative leave for the employee under paragraph 7#a72 or 7ii7 at the request of the ,inspector ,general1 the head of the agency within which the ,office of ,inspector ,general is located shall designate an official of the agency to approve an extension of a period of investigative leave for the employee under paragraph 7#a74 7,b7 ,guidance ,not later than #a year after the date of enactment of this section1 the ,council of the ,inspectors ,general on ,integrity and ,efficiency shall issue guidance to ensure that if the ,inspector ,general or the head of an agency1 at the request of the ,inspector ,general1 delegates the authority to approve an extension under subparagraph 7,a7 to a designee1 the designee is at a sufficiently high level within the ,office of ,inspector ,general or the agency1 as applicable1 to make an impartial and independent determination regarding the extension4 7e7 ,further extension of investigative leave 7#a7 ,in general ,after reaching the limit under subsection 7d77#b71 an agency may further extend a period of investigative leave for an employee for a period of not more than #fj days if1 before the further extension begins1 the head of the agency or1 in the case of an employee of an ,office of ,inspector ,general1 the ,inspector ,general submits a notification that includes the reasons for the further extension to the-- 7,a7 committees of jurisdiction2 7,b7 ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7,c7 ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 7#b7 ,no limit ,there shall be no limit on the number of further extensions that an agency may grant to an employee under paragraph 7#a74 7#c7 ,,opm review ,an agency shall request from the ,director1 and include with the notification required under paragraph 7#a71 the opinion of the ,director-- 7,a7 with respect to whether to grant a further extension under this subsection1 including the reasons for that opinion2 and 7,b7 which shall not be binding on the agency4 7#d7 ,sunset ,the authority provided under this subsection shall expire on the date that is #f years after the date of enactment of this section4 7f7 ,consultation guidance ,not later than #a year after the date of enactment of this section1 the ,council of the ,inspectors ,general on ,integrity and ,efficiency1 in consultation with the ,attorney ,general and the ,special ,counsel1 shall issue guidance on best practices for consultation between an investigator and an agency on the need to place an employee in investigative leave during an investigation of the employee1 including during a criminal investigation1 because the continued presence of the employee in the workplace during the investigation may-- 7#a7 pose a threat to the employee or others2 7#b7 result in the destruction of evidence relevant to an investigation2 7#c7 result in loss of or damage to ,government property2 or 7#d7 otherwise jeopardize legitimate ,government interests4 7g7 ,reporting and records 7#a7 ,in general ,an agency shall keep a record of the placement of an employee in investigative leave or notice leave by the agency1 including-- 7,a7 the basis for the determination made under subsection 7c77#a72 7,b7 an explanation of why an action under subsection 7c77#b7 was not appropriate2 7,c7 the length of the period of leave2 7,d7 the amount of salary paid to the employee during the period of leave2 7,e7 the reasons for authorizing the leave1 including1 if applicable1 the recommendation made by an investigator under subsection 7d77#a72 and 7,f7 the action taken by the agency at the end of the period of leave1 including1 if applicable1 the granting of any extension of a period of investigative leave under subsection 7d7 or 7e74 7#b7 ,availability of records ,an agency shall make a record kept under paragraph 7#a7 available-- 7,a7 to any committee of ,congress1 upon request2 7,b7 to the ,office of ,personnel ,management2 and 7,c7 as otherwise required by law1 including for the purposes of the ,administrative ,leave ,act of #bjaf and the amendments made by that ,act4 7h7 ,regulations 7#a7 ,,opm action ,not later than #a year after the date of enactment of this section1 the ,director shall prescribe regulations to carry out this section1 including guidance to agencies regarding-- 7,a7 acceptable purposes for the use of-- 7i7 investigative leave2 and 7ii7 notice leave2 7,b7 the proper recording of-- 7i7 the leave categories described in subparagraph 7,a72 and 7ii7 other leave authorized by law2 7,c7 baseline factors that an agency shall consider when making a determination that the continued presence of an employee in the workplace may-- 7i7 pose a threat to the employee or others2 7ii7 result in the destruction of evidence relevant to an investigation2 7iii7 result in loss or damage to ,government property2 or 7iv7 otherwise jeopardize legitimate ,government interests2 and 7,d7 procedures and criteria for the approval of an extension of a period of investigative leave under subsection 7d7 or 7e74 7#b7 ,agency action ,not later than #a year after the date on which the ,director prescribes regulations under paragraph 7#a71 each agency shall revise and implement the internal policies of the agency to meet the requirements of this section4 7i7 ,relation to other laws ,notwithstanding subsection 7a7 of section #gdba of title #ch1 this section shall apply to an employee described in subsection 7b7 of that section4 4 7b7 ,personnel action ,section #bcjb7;a77#b77;,a7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in clause 7xi71 by striking and at the end2 7#b7 by redesignating clause 7xii7 as clause 7xiii72 and 7#c7 by inserting after clause 7xi7 the following3 7xii7 a determination made by an agency under section #fccj;a7c77#a7 that the continued presence of an employee in the workplace during an investigation of the employee or while the employee is in a notice period1 if applicable1 may-- 7,i7 pose a threat to the employee or others2 7,,ii7 result in the destruction of evidence relevant to an investigation2 7,,iii7 result in loss of or damage to ,government property2 or 7,,iv7 otherwise jeopardize legitimate ,government interests2 and 4 7c7 ,,gao report ,not later than #e years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall report to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives on the results of an evaluation of the implementation of the authority provided under sections #fccj and #fccj;a of title #e1 ,united ,states ,code1 as added by section #afjc7;a7 and subsection 7a7 of this section1 respectively1 including-- 7#a7 an assessment of agency use of the authority provided under subsection 7e7 of such section #fccj;a1 including data regarding-- 7,a7 the number and length of extensions granted under that subsection2 and 7,b7 the number of times that the ,director of the ,office of ,personnel ,management1 under paragraph 7#c7 of that subsection-- 7i7 concurred with the decision of an agency to grant an extension2 and 7ii7 did not concur with the decision of an agency to grant an extension1 including the bases for those opinions of the ,director2 7#b7 recommendations to ,congress1 as appropriate1 on the need for extensions beyond the extensions authorized under subsection 7d7 of such section #fccj;a2 and 7#c7 a review of the practice of agency placement of an employee in investigative or notice leave under subsection 7b7 of such section #fccj;a because of a determination under subsection 7c77#a77;,d7 of that section that the employee jeopardized legitimate ,government interests1 including the extent to which such determinations were supported by evidence4 7d7 ,telework ,section #fejb of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7c7 ,required telework ,if an agency determines under section #fccj;a7c77#a7 that the continued presence of an employee in the workplace during an investigation of the employee or while the employee is in a notice period1 if applicable1 may pose #a or more of the threats described in that section and the employee is eligible to telework under subsections 7a7 and 7b7 of this section1 the agency may require the employee to telework for the duration of the investigation or the notice period1 if applicable4 4 7e7 ,technical and conforming amendment ,the table of sections for subchapter ,,ii of chapter #fc of title #e1 ,united ,states ,code1 is amended by inserting after the item relating to section #fccj1 as added by this subtitle1 the following3 #fccj;a4 ,investigative leave and notice leave4 4 #afje4 ,leave for weather and safety issues 7a7 ,in general ,subchapter ,,ii of chapter #fc of title #e1 ,united ,states ,code1 as amended by this subtitle1 is further amended by adding at the end the following3 #fccj;b4 ,weather and safety leave 7a7 ,definitions ,in this section-- 7#a7 the term agency-- 7,a7 means an ,executive agency 7as defined in section #aje of this title72 and 7,b7 does not include the ,government ,accountability ,office2 and 7#b7 the term employee-- 7,a7 has the meaning given the term in section #baje2 and 7,b7 does not include an intermittent employee who does not have an established regular tour of duty during the administrative workweek4 7b7 ,leave for weather and safety issues ,an agency may approve the provision of leave under this section to an employee or a group of employees without loss of or reduction in the pay of the employee or employees1 leave to which the employee or employees are otherwise entitled1 or credit to the employee or employees for time or service only if the employee or group of employees is prevented from safely traveling to or performing work at an approved location due to-- 7#a7 an act of ,god2 7#b7 a terrorist attack2 or 7#c7 another condition that prevents the employee or group of employees from safely traveling to or performing work at an approved location4 7c7 ,records ,an agency shall record leave provided under this section separately from leave authorized under any other provision of law4 7d7 ,regulations ,not later than #a year after the date of enactment of this section1 the ,director of the ,office of ,personnel ,management shall prescribe regulations to carry out this section1 including-- 7#a7 guidance to agencies regarding the appropriate purposes for providing leave under this section2 and 7#b7 the proper recording of leave provided under this section4 7e7 ,relation to other laws ,notwithstanding subsection 7a7 of section #gdba of title #ch1 this section shall apply to an employee described in subsection 7b7 of that section4 4 7b7 ,technical and conforming amendment ,the table of sections for subchapter ,,ii of chapter #fc of title #e1 ,united ,states ,code1 is amended by inserting after the item relating to section #fccj;a1 as added by this subtitle1 the following3 8#fccj;b4 ,weather and safety leave404 #afjf4 ,additional oversight 7a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,director of the ,office of ,personnel ,management shall complete a review of agency policies to determine whether agencies have complied with the requirements of this subtitle and the amendments made by this subtitle4 7b7 ,report to ,congress ,not later than #ij days after completing the review under subsection 7a71 the ,director shall submit to ,congress a report evaluating the results of the review4 ,g ,enhancements for ,inspectors ,general ,i ,inspector ,general empowerment #agja4 ,short title ,this part may be cited as the ,inspector ,general ,empowerment ,act of #bjaf4 #agjb4 ,nonduty status of ,inspectors ,general2 nominal supervision ,the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7#a7 in section #c-- 7,a7 in the section header-- 7i7 by inserting nominal before supervision22 and 7ii7 by inserting paid or unpaid1 nonduty status2 after removal22 7,b7 in subsection 7a7-- 7i7 by striking be under the general supervision and inserting be under the nominal supervision2 and 7ii7 by striking be subject to supervision by and inserting be subject to nominal supervision by2 7,c7 in subsection 7b7-- 7i7 by striking ,an ,inspector ,general and inserting 7#a7 ,an ,inspector ,general2 7ii7 in paragraph 7#a71 as so designated1 by striking the last sentence2 and 7iii7 by adding at the end the following3 7#b7 7,a7 ,subject to subparagraphs 7,b7 and 7,c71 the ,president may place an ,inspector ,general in an involuntary paid or unpaid1 nonduty status if the ,president determines that the continued presence in the workplace of the ,inspector ,general may-- 7i7 pose a threat to the employee or others2 7ii7 result in loss of or damage to property of the ,federal ,government2 or 7iii7 otherwise jeopardize legitimate interests of the ,federal ,government4 7,b7 ,not later than #dh hours after the ,president issues the directive to place an ,inspector ,general in an involuntary paid or unpaid1 nonduty status under subparagraph 7,a71 the ,president shall communicate in writing to both ,houses of ,congress the reasons for such action1 which shall be limited to evidence showing that the continued presence in the workplace of the ,inspector ,general may result in a condition described in clause 7i71 7ii71 or 7iii7 of subparagraph 7,a74 7,c7 ,the ,president may not place an ,inspector ,general in an involuntary paid or unpaid1 nonduty status under subparagraph 7,a7 for more than #aj days1 unless the ,integrity ,committee of the ,council of the ,inspectors ,general for ,integrity and ,efficiency submits to the ,president a written recommendation for additional time1 which is acted upon by the ,president1 and the decision is communicated immediately to both ,houses of ,congress4 7#c7 ,except as provided in paragraph 7#b71 nothing in this subsection shall prohibit a personnel action otherwise authorized by law4 2 and 7#b7 in section #h;,g-- 7,a7 in subsection 7d77#a7-- 7i7 by striking be under the general supervision and inserting be under the nominal supervision2 and 7ii7 by striking be subject to supervision by and inserting be subject to nominal supervision by2 and 7,b7 in subsection 7e7-- 7i7 in paragraph 7#b71 by striking the last sentence2 and 7ii7 by adding at the end the following3 7#c7 7,a7 ,subject to subparagraphs 7,b7 and 7,c71 the head of a designated ,federal entity may place an ,inspector ,general in an involuntary paid or unpaid1 nonduty status if the head of the designated ,federal entity determines that the continued presence in the workplace of the ,inspector ,general may-- 7i7 pose a threat to the employee or others2 7ii7 result in loss of or damage to property of the ,federal ,government2 or 7iii7 otherwise jeopardize legitimate interests of the ,federal ,government4 7,b7 ,not later than #dh hours after the head of a designated ,federal entity issues the directive to place an ,inspector ,general in an involuntary paid or unpaid1 nonduty status under subparagraph 7,a71 the head of the designated ,federal entity shall communicate in writing to both ,houses of ,congress the reasons for such action1 which shall be limited to evidence showing that the continued presence in the workplace of the ,inspector ,general may result in a condition described in clause 7i71 7ii71 or 7iii7 of subparagraph 7,a74 7,c7 ,the head of a designated ,federal entity may not place an ,inspector ,general in an involuntary paid or unpaid1 nonduty status under subparagraph 7,a7 for more than #aj days1 unless the ,integrity ,committee of the ,council of the ,inspectors ,general for ,integrity and ,efficiency submits to the head of the designated ,federal entity a written recommendation for additional time1 which is acted upon by the head of the designated ,federal entity1 and the decision is communicated immediately to both ,houses of ,congress4 7#d7 ,except as provided in paragraph 7#c71 nothing in this subsection shall prohibit a personnel action otherwise authorized by law4 4 #agjc4 ,additional authority provisions for ,inspectors ,general 7a7 ,subpoena authority for ,inspectors ,general to require testimony of certain persons 7#a7 ,in general ,the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7,a7 in section #e7;a71 as amended by section #agje7;c7 of this ,act-- 7i7 in paragraph 7#ai71 by striking and at the end2 7ii7 in paragraph 7#bj71 by striking the period at the end and inserting a semicolon2 and 7iii7 by adding at the end the following3 7#ba7 a description of the use of subpoenas for the attendance and testimony of certain witnesses under section #f;,a4 2 7,b7 by inserting after section #f the following3 #f;,a4 ,additional authority 7a7 ,testimonial subpoena authority 7#a7 ,in general ,in addition to the authority otherwise provided by this ,act and in accordance with the requirements of this section1 the ,inspector ,general of each establishment 7and each ,special ,inspector ,general of an establishment not established under this ,act71 in carrying out the provisions of this ,act 7or1 in the case of a ,special ,inspector ,general1 the provisions of the authorizing statute7 and as necessary in the performance of the functions assigned by this ,act1 is authorized to require by subpoena the attendance and testimony of-- 7,a7 a current or former contractor with the establishment2 7,b7 a current or former subcontractor 7at any tier7 of a contractor with the establishment2 7,c7 a current or former grantee of the establishment2 7,d7 a current or former subgrantee of a grantee of the establishment2 7,e7 a current or former employee of a contractor1 subcontractor1 grantee1 or subgrantee described in subparagraphs 7,a7 through 7,d71 respectively2 and 7,f7 any former ,federal employee of the establishment 7but not including any ,federal employee who is otherwise obligated to provide testimony and cooperate with the ,inspector ,general74 7#b7 ,limitations ,a subpoena described in paragraph 7#a7-- 7,a7 may only require the attendance and testimony of an individual for issues reasonably relevant to the current or former position of the individual under subparagraph 7,a71 7,b71 7,c71 7,d71 7,e71 or 7,f7 of paragraph 7#a71 as applicable2 7,b7 may only be issued by the ,inspector ,general with oversight responsibilities for the establishment for which the individual under subparagraph 7,a71 7,b71 7,c71 7,d71 7,e71 or 7,f7 of paragraph 7#a71 as applicable1 worked2 and 7,c7 may not be used-- 7i7 to investigate an individual with respect to an action that is protected under paragraph 7#h7 or 7#i7 of section #bcjb7;b7 of title #e1 ,united ,states ,code2 or 7ii7 to obstruct or otherwise undermine investigative activity for fact finding or corrective action under such paragraph 7#h7 or 7#i74 7#c7 ,enforcement ,a subpoena described in paragraph 7#a71 in the case of contumacy or refusal to obey1 shall be enforceable by order of any appropriate ,united ,states district court4 7b7 ,panel review before issuance 7#a7 ,approval required ,before the issuance of a subpoena described in subsection 7a71 an ,inspector ,general shall submit a request for approval to issue a subpoena by a majority of a panel 7in this section referred to as the ,subpoena ,panel71 which shall be comprised of-- 7,a7 #c members1 of whom-- 7i7 #b members shall be from the ,council of the ,inspectors ,general on ,integrity and ,efficiency1 as designated by the ,chairperson of the ,council of the ,inspectors ,general on ,integrity and ,efficiency2 and 7ii7 #a member shall be the ,special ,counsel of the ,office of ,special ,counsel2 or 7,b7 in the case of a request by an ,inspector ,general from the ,intelligence ,community pursuant to the authority provided in subsection 7a71 #c ,inspectors ,general within the ,intelligence ,community4 7#b7 ,time to respond 7,a7 ,in general ,except as provided in subparagraph 7,b71 not later than #aj days after the date on which a request for approval to issue a subpoena is submitted under paragraph 7#a71 the ,subpoena ,panel shall approve or deny the request4 7,b7 ,additional information for panel ,if the ,subpoena ,panel determines that additional information is necessary to approve or deny a request for approval to issue a subpoena under subparagraph 7,a71 the ,subpoena ,panel shall1 not later than #bj days after the date on which the request is submitted-- 7i7 request the additional information2 and 7ii7 approve or deny the request4 7#c7 ,notification and consultation with ,attorney ,general ,before an ,inspector ,general submits a request for approval to issue a subpoena under paragraph 7#a71 the ,inspector ,general shall-- 7,a7 notify the ,attorney ,general that the ,inspector ,general intends to submit the request2 and 7,b7 provide not less than #aj days for consultation with the ,attorney ,general4 7#d7 ,denial by panel ,if a majority of the members of the ,subpoena ,panel votes to deny a request for approval to issue a subpoena under subparagraph 7,b77ii7 or finds that the ,inspector ,general did not comply with the requirement under subsection 7a77#b71 the subpoena may not be issued4 7c7 ,notice to ,attorney ,general 7#a7 ,in general ,if the ,subpoena ,panel approves a request for approval to issue a subpoena under subsection 7b77#b71 the ,inspector ,general shall notify the ,attorney ,general that the ,inspector ,general intends to issue the subpoena4 7#b7 ,decision of ,attorney ,general ,not later than #aj days after the date on which the ,attorney ,general is notified under paragraph 7#a71 the ,attorney ,general may-- 7,a7 object to the issuance of the subpoena if the subpoena will interfere with an ongoing matter2 or 7,b7 approve the issuance of the subpoena4 7#c7 ,issuance of subpoena approved ,if the ,attorney ,general approves the issuance of the subpoena or does not object to the issuance of the subpoena during the #aj-;day period described in paragraph 7#b71 the ,inspector ,general may issue the subpoena4 7#d7 ,suspension of subpoena ,after the expiration of the #aj-;day period described in paragraph 7#b71 the ,attorney ,general may request that the ,inspector ,general suspend the subpoena if the ,attorney ,general determines that new circumstances would result in the subpoena interfering with an ongoing matter4 ,the ,inspector ,general shall consult with and consider the request of the ,attorney ,general4 7d7 ,inclusion in annual report ,not later than #a year after the effective date of this section1 and every year thereafter1 each ,inspector ,general shall submit to the ,chairperson of the ,council of the ,inspectors ,general on ,integrity and ,efficiency the number of times the ,inspector ,general issued a subpoena under this section1 which shall be included by the ,chairperson in the annual report required under section #aa7;b77#c77;,b77viii74 7e7 ,use of authority ,the ,chairperson of the ,council of the ,inspectors ,general on ,integrity and ,efficiency1 in consultation with the ,attorney ,general1 shall prescribe policies and procedures to carry out the purposes of this section1 which shall1 at a minimum1 include-- 7#a7 allowing not less than #ad calendar days between the date on which a subpoena is served on the recipient or the counsel for the recipient and the interview date2 7#b7 notifying the recipient of a subpoena not less than #ad calendar days in advance of the interview date of the right of the recipient to have counsel present and the nature of the audit1 evaluation1 or investigation in furtherance of which the subpoena is being issued2 and 7#c7 requiring the ,inspector ,general who issued the subpoena to pay travel and lodging expenses associated with the subpoena if the interview occurs more than #be miles from the residence of the recipient of the subpoena4 7f7 ,rule of construction ,nothing in this section shall be construed to affect the exercise by an ,inspector ,general of any testimonial subpoena authority established under any other provision of law4 2 and 7,c7 in section #h;,g7g77#a71 by inserting #f;,a1 before and #g4 7#b7 ,effective date ,the amendments made by paragraph 7#a7 shall-- 7,a7 take effect on the date that is #a year after the date of enactment of this ,act2 and 7,b7 only apply to audits1 evaluations1 or investigations initiated on or after the date of enactment of this ,act4 7b7 ,matching program and ,paperwork ,reduction ,act exception for inspectors general ,section #f of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7#a7 by redesignating subsections 7b7 through 7f7 as subsections 7c7 through 7g71 respectively2 and 7#b7 by adding at the end the following3 7h7 7#a7 ,in this subsection1 the terms agency1 matching program1 record1 and system of records have the meanings given those terms in section #eeb;a7a7 of title #e1 ,united ,states ,code4 7#b7 ,for purposes of section #eeb;a of title #e1 ,united ,states ,code1 or any other provision of law1 a computerized comparison of #b or more automated ,federal systems of records1 or a computerized comparison of a ,federal system of records with other records or non-,federal records1 performed by an ,inspector ,general or by an agency in coordination with an ,inspector ,general in conducting an audit1 investigation1 inspection1 evaluation1 or other review authorized under this ,act shall not be considered a matching program4 7#c7 ,nothing in this subsection shall be construed to impede the exercise by an ,inspector ,general of any matching program authority established under any other provision of law4 7i7 ,subchapter ,i of chapter #ce of title #dd1 ,united ,states ,code1 shall not apply to the collection of information during the conduct of an audit1 investigation1 inspection1 evaluation1 or other review conducted by the ,council of the ,inspectors ,general on ,integrity and ,efficiency or any ,office of ,inspector ,general1 including any ,office of ,special ,inspector ,general4 4 #agjd4 ,additional responsibilities and resources of the ,council of the ,inspectors ,general on ,integrity and ,efficiency ,section #aa of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a77;,b71 by striking ,director of ,national ,intelligence and inserting ,intelligence ,community2 and 7,b7 by amending paragraph 7#c77;,b77viii7 to read as follows3 7viii7 prepare and transmit an annual report on behalf of the ,council on the activities of the ,council to-- 7,i7 the ,president2 7,,ii7 the appropriate committees of jurisdiction of the ,senate and the ,house of ,representatives2 7,,iii7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7,,iv7 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 2 7#b7 in subsection 7c77#a7-- 7,a7 in subparagraph 7,g71 by striking and at the end2 7,b7 by redesignating subparagraph 7,h7 as subparagraph 7,i72 and 7,c7 by inserting after subparagraph 7,g7 the following3 7,h7 except for matters coordinated among ,inspectors ,general under section #cjcc of title #ej1 ,united ,states ,code1 receive1 review1 and mediate any disputes submitted in writing to the ,council by an ,office of ,inspector ,general regarding an audit1 investigation1 inspection1 evaluation1 or project that involves the jurisdiction of more than #a ,office of ,inspector ,general2 and 2 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#b7-- 7i7 by striking subparagraph 7,c72 7ii7 by redesignating subparagraphs 7,a71 7,b71 and 7,d7 as clauses 7i71 7ii71 and 7iii71 respectively1 and adjusting the margins accordingly2 7iii7 in the matter preceding clause 7i71 as so redesignated1 by striking ,the ,integrity and inserting the following3 7,a7 ,in general ,the ,integrity 2 7iv7 in clause 7i71 as so redesignated1 by striking 1 who and all that follows through ,committee2 7v7 in clause 7iii71 as so redesignated1 by inserting or the designee of the ,director before the period at the end2 and 7vi7 by adding at the end the following3 7,b7 ,chairperson 7i7 ,in general ,the ,integrity ,committee shall elect #a of the ,inspectors ,general referred to in subparagraph 7,a77ii7 to act as ,chairperson of the ,integrity ,committee4 7ii7 ,term ,the term of office of the ,chairperson of the ,integrity ,committee shall be #b years4 2 7,b7 by amending paragraph 7#e7 to read as follows3 7#e7 ,review of allegations 7,a7 ,in general ,not later than #g calendar days after the date on which the ,integrity ,committee receives an allegation of wrongdoing against an ,inspector ,general or against a staff member of an ,office of ,inspector ,general described under paragraph 7#d77;,c71 the allegation of wrongdoing shall be reviewed and referred to the ,department of ,justice or the ,office of ,special ,counsel for investigation1 or to the ,integrity ,committee for review1 as appropriate1 by-- 7i7 a representative of the ,department of ,justice1 as designated by the ,attorney ,general2 7ii7 a representative of the ,office of ,special ,counsel1 as designated by the ,special ,counsel2 and 7iii7 a representative of the ,integrity ,committee1 as designated by the ,chairperson of the ,integrity ,committee4 7,b7 ,referral to the ,chairperson 7i7 ,in general ,except as provided in clause 7ii71 not later than #cj calendar days after the date on which an allegation of wrongdoing is referred to the ,integrity ,committee under subparagraph 7,a71 the ,integrity ,committee shall determine whether to refer the allegation of wrongdoing to the ,chairperson of the ,integrity ,committee to initiate an investigation4 7ii7 ,extension ,the #cj-;day period described in clause 7i7 may be extended for an additional period of #ae days if the ,integrity ,committee provides written notice to the congressional committees described in paragraph 7#h77;,a77iii7 that includes a detailed1 case-specific description of why the additional time is needed to evaluate the allegation of wrongdoing4 2 7,c7 in paragraph 7#f7-- 7i7 in subparagraph 7,a71 by striking paragraph 7#e77;,c7 and inserting paragraph 7#e77;,b72 and 7ii7 in subparagraph 7,b77i71 by striking may and inserting shall2 7,d7 in paragraph 7#g7-- 7i7 in subparagraph 7,b7-- 7,i7 in clause 7i7-- 7aa7 in subclause 7,,iii71 by striking and at the end2 7bb7 in subclause 7,,iv71 by striking the period at the end and inserting a semicolon2 and 7cc7 by adding at the end the following3 7,v7 except as provided in clause 7ii71 ensuring1 to the extent possible1 that investigations are conducted by ,offices of ,inspector ,general of similar size2 7,,vi7 creating a process for rotation of ,inspectors ,general assigned to investigate allegations through the ,integrity ,committee2 and 7,,vii7 creating procedures to avoid conflicts of interest for ,integrity ,committee investigations4 2 7,,ii7 by redesignating clause 7ii7 as clause 7iii72 and 7,,iii7 by inserting after clause 7i7 the following3 7ii7 ,exception ,the requirement under clause 7i77,v7 shall not apply to any ,office of ,inspector ,general with less than #ej employees who are authorized to conduct audits or investigations4 2 7ii7 by striking subparagraph 7,c72 and 7iii7 by inserting after subparagraph 7,b7 the following3 7,c7 ,completion of investigation ,if an allegation of wrongdoing is referred to the ,chairperson of the ,integrity ,committee under paragraph 7#e77;,b71 the ,chairperson of the ,integrity ,committee-- 7i7 shall complete the investigation not later than #aej calendar days after the date on which the ,integrity ,committee made the referral2 7ii7 if the investigation cannot be completed within the #aej-;day period described in clause 7i71 shall-- 7,i7 promptly notify the congressional committees described in paragraph 7#h77;,a77iii72 and 7,,ii7 brief the congressional committees described in paragraph 7#h77;,a77iii7 every #cj days regarding the status of the investigation and the general reasons for delay until the investigation is complete4 7,d7 ,concurrent investigation ,if an allegation of wrongdoing against an ,inspector ,general or a staff member of an ,office of ,inspector ,general described under paragraph 7#d77;,c7 is referred to the ,department of ,justice or the ,office of ,special ,counsel under paragraph 7#e77;,a71 the ,chairperson of the ,integrity ,committee may conduct any related investigation referred to the ,chairperson under paragraph 7#e77;,b7 concurrently with the ,department of ,justice or the ,office of ,special ,counsel1 as applicable4 7,e7 ,reports 7i7 ,integrity ,committee investigations ,for each investigation of an allegation of wrongdoing referred to the ,chairperson of the ,integrity ,committee under paragraph 7#e77;,b71 the ,chairperson of the ,integrity ,committee shall submit to members of the ,integrity ,committee and to the ,chairperson of the ,council a report containing the results of the investigation4 7ii7 ,other investigations ,for each allegation of wrongdoing referred to the ,department of ,justice or the ,office of ,special ,counsel under paragraph 7#e77;,a71 the ,attorney ,general or the ,special ,counsel1 as applicable1 shall submit to the ,integrity ,committee a report containing the results of the investigation4 7iii7 ,availability to ,congress 7,i7 ,in general ,the congressional committees described in paragraph 7#h77;,a77iii7 shall have access to any report authored by the ,integrity ,committee4 7,,ii7 ,members of ,congress ,subject to any other provision of law that would otherwise prohibit disclosure of such information1 the ,integrity ,committee may provide any report authored by the ,integrity ,committee to any ,member of ,congress4 2 7,e7 by striking paragraph 7#h77;,a77iii7 and inserting the following3 7iii7 submit the report1 with the recommendations of the ,integrity ,committee1 to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives1 and other congressional committees of jurisdiction2 and 7iv7 following the submission of the report under clause 7iii7 and upon request by any ,member of ,congress1 submit the report1 with the recommendations of the ,integrity ,committee1 to that ,member4 2 7,f7 in paragraph 7#i77;,b71 by striking other agencies and inserting the ,department of ,justice or the ,office of ,special ,counsel2 7,g7 in paragraph 7#aj71 by striking any of the following and all that follows through the period at the end and inserting any ,member of ,congress42 and 7,h7 by adding at the end the following3 7#ab7 ,allegations of wrongdoing against special counsel or deputy special counsel 7,a7 ,special counsel defined ,in this paragraph1 the term ,special ,counsel means the ,special ,counsel appointed under section #abaa7;b7 of title #e1 ,united ,states ,code4 7,b7 ,authority of integrity committee 7i7 ,in general ,an allegation of wrongdoing against the ,special ,counsel or the ,deputy ,special ,counsel may be received1 reviewed1 and referred for investigation to the same extent and in the same manner as in the case of an allegation against an ,inspector ,general or against a staff member of an ,office of ,inspector ,general described under paragraph 7#d77;,c71 subject to the requirement that the representative designated by the ,special ,counsel under paragraph 7#e77;,a77ii7 shall recuse himself or herself from the consideration of any allegation brought under this paragraph4 7ii7 ,coordination with existing provisions of law ,this paragraph shall not eliminate access to the ,merit ,systems ,protection ,board for review under section #ggja of title #e1 ,united ,states ,code4 ,to the extent that an allegation brought under this paragraph involves section #bcjb7;b77#h7 of such title1 a failure to obtain corrective action within #abj days after the date on which the allegation is received by the ,integrity ,committee shall1 for purposes of section #abba of such title1 be considered to satisfy section #abad7;a77#c77;,b7 of such title4 7,c7 ,regulations ,the ,integrity ,committee may prescribe any rules or regulations necessary to carry out this paragraph1 subject to such consultation or other requirements as may otherwise apply4 7#ac7 ,committee records ,the ,chairperson of the ,council shall maintain the records of the ,integrity ,committee4 2 and 7#d7 by adding at the end the following3 7e7 ,authorization of appropriations for ,council ,for the purposes of carrying out this section1 there are authorized to be appropriated into the revolving fund described in subsection 7c77#c77;,b71 out of any money in the ,treasury not otherwise appropriated1 the following sums3 7#a7 #g1hjj1jjj for fiscal year #bjag4 7#b7 #h1ajj1jjj for fiscal year #bjah4 7#c7 #h1ejj1jjj for fiscal year #bjai4 7#d7 #h1ijj1jjj for fiscal year #bjbj4 7#e7 #i1cjj1jjj for fiscal year #bjba4 4 #agje4 ,reports and additional information 7a7 ,report on vacancies in the offices of inspector general ,the ,comptroller ,general of the ,united ,states shall-- 7#a7 conduct a study of prolonged vacancies in the ,offices of ,inspector ,general during which a temporary appointee has served as the head of the office that includes-- 7,a7 the number and duration of ,inspector ,general vacancies2 7,b7 an examination of the extent to which the number and duration of such vacancies has changed over time2 7,c7 an evaluation of the impact such vacancies have had on the ability of the relevant ,office of ,inspector ,general to effectively carry out statutory requirements2 and 7,d7 recommendations to minimize the duration of such vacancies2 7#b7 not later than #i months after the date of enactment of this ,act1 present a briefing on the findings of the study conducted under paragraph 7#a7 to-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7,b7 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives2 and 7#c7 not later than #ae months after the date of enactment of this ,act1 submit a report on the findings of the study conducted under paragraph 7#a7 to the committees described in paragraph 7#b74 7b7 ,report on issues involving multiple offices of inspector general ,the ,council of the ,inspectors ,general on ,integrity and ,efficiency shall-- 7#a7 conduct an analysis of critical issues that involve the jurisdiction of more than #a individual ,federal agency or entity to identify-- 7,a7 each such issue that could be better addressed through greater coordination among1 and cooperation between1 individual ,offices of ,inspector ,general2 7,b7 the best practices that can be employed by the ,offices of ,inspector ,general to increase coordination and cooperation on each issue identified2 and 7,c7 any recommended statutory changes that would facilitate coordination and cooperation among the ,offices of ,inspector ,general on critical issues2 and 7#b7 not later than #a year after the date of enactment of this ,act1 submit a report on the findings of the analysis described in paragraph 7#a7 to-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7,b7 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 7c7 ,additional information ,section #e of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#aj7-- 7i7 by striking period for which and inserting 8period-- 7,a7 for which 2 and 7ii7 by adding at the end the following3 7,b7 for which no establishment comment was returned within #fj days of providing the report to the establishment2 and 7,c7 for which there are any outstanding unimplemented recommendations1 including the aggregate potential cost savings of those recommendations4 2 7,b7 in paragraph 7#ae71 by striking and at the end2 7,c7 in paragraph 7#af71 by striking the period at the end and inserting a semicolon2 and 7,d7 by adding at the end the following3 7#ag7 a report on each investigation conducted by the ,office involving general or flag officers or employees of the establishment serving in a position classified at or above ,,gs-#ae of the ,general ,schedule or an equivalent position where allegations of misconduct were substantiated1 including a detailed description of-- 7,a7 the facts and circumstances of the investigation2 and 7,b7 the status and disposition of the matter1 including-- 7i7 if the matter was referred to the ,department of ,justice1 the date of the referral2 and 7ii7 if the ,department of ,justice declined the referral1 the date of the declination2 7#ah7 a detailed description of any instance of whistleblower retaliation1 including information about the official found to have engaged in retaliation and what1 if any1 consequences the establishment imposed to hold that official accountable2 7#ai7 a detailed description of any attempt by the establishment to interfere with the independence of the ,office1 including-- 7,a7 with communication between the ,office and ,congress2 7,b7 with budget constraints designed to limit the capabilities of the ,office2 and 7,c7 incidents where the establishment has resisted or objected to oversight activities of the ,office or restricted or significantly delayed access to information1 including the justification of the establishment for such action2 and 7#bj7 detailed descriptions of the particular circumstances of each-- 7,a7 inspection1 evaluation1 and audit conducted by the ,office that is closed and was not disclosed to the public2 and 7,b7 investigation conducted by the ,office involving general or flag officers or employees of the establishment serving in a position classified at or above ,,gs-#ae of the ,general ,schedule or an equivalent position that is closed and was not disclosed to the public4 2 and 7#b7 in subsection 7e71 by adding at the end the following3 7#d7 ,subject to any other provision of law that would otherwise prohibit disclosure of such information1 the information described in paragraph 7#a7 may be provided to any ,member of ,congress upon request4 7#e7 ,an ,office may not provide to ,congress or the public any information that reveals the personally identifiable information of a whistleblower under this section unless the ,office first obtains the consent of the whistleblower4 4 7d7 ,duty to submit and make available to the public certain work products ,section #d of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended by adding at the end the following3 7e7 7#a7 ,whenever an ,inspector ,general1 in carrying out the duties and responsibilities established under this ,act1 issues a work product that makes a recommendation or otherwise suggests corrective action1 the ,inspector ,general-- 7,a7 shall submit the work product to-- 7i7 the head of the establishment2 7ii7 the congressional committees of jurisdiction2 and 7iii7 if the work product was initiated upon request by an individual or entity other than the ,inspector ,general1 that individual or entity2 7,b7 may submit the work product to any ,member of ,congress upon request2 and 7,c7 not later than #c days after the work product is submitted in final form to the head of the establishment1 post the work product on the website of the ,office of ,inspector ,general4 7#b7 ,nothing in this subsection shall be construed to authorize the public disclosure of information that is specifically prohibited from disclosure by any other provision of law4 4 7e7 ,posting of reports on websites of ,offices of ,inspectors ,general ,section #h,m7b7 of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7#a7 in paragraph 7#a77;,a71 by striking is made publicly available and inserting is submitted in final form to the head of the ,federal agency or the head of the designated ,federal entity1 as applicable2 and 7#b7 by adding at the end the following3 7#c7 ,rule of construction ,nothing in this subsection shall be construed to authorize the public disclosure of information that is prohibited from disclosure by any other provision of law4 4 #agjf4 ,full and prompt access to all documents ,section #f of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app471 as amended by section #agjc7;b7 of this ,act1 is further amended-- 7#a7 in subsection 7a71 by striking paragraph 7#a7 and inserting the following3 7#a7 7,a7 to have timely access to all records1 reports1 audits1 reviews1 documents1 papers1 recommendations1 or other materials available to the applicable establishment which relate to the programs and operations with respect to which that ,inspector ,general has responsibilities under this ,act2 and 7,b7 to have access under subparagraph 7,a7 notwithstanding any other provision of law1 except pursuant to any provision of law enacted by ,congress that expressly-- 7i7 refers to the ,inspector ,general2 and 7ii7 limits the right of access of the ,inspector ,general2 2 and 7#b7 by inserting after subsection 7a7 the following3 7b7 ,each ,inspector ,general shall ensure compliance with statutory limitations on disclosure relevant to any information provided by the applicable establishment under subsection 7a74 4 #agjg4 ,access to information for certain ,inspectors ,general ,the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app471 as amended by this part1 is amended-- 7#a7 in section #h7;b77#b7-- 7,a7 by inserting from accessing information described in paragraph 7#a71 after completing any audit or investigation12 and 7,b7 by inserting 1 access such information1 after complete such audit or investigation2 7#b7 in section #h;,d7a77#b7-- 7,a7 by inserting from accessing information described in paragraph 7#a71 after completing any audit or investigation12 and 7,b7 by inserting 1 access such information1 after complete such audit or investigation2 7#c7 in section #h;,e7a77#b7-- 7,a7 by inserting from accessing information described in paragraph 7#a71 after completing any audit or investigation12 and 7,b7 by inserting 1 access such information1 after complete such audit or investigation2 7#d7 in section #h;,g7d77#b77;,a71 by inserting 1 or from accessing information available to an element of the intelligence community specified in subparagraph 7,d71 after investigation2 7#e7 in section #h;,i7a77#b7-- 7,a7 by inserting from accessing information described in paragraph 7#a71 after completing any audit or investigation12 and 7,b7 by inserting 1 access such information1 after complete such audit or investigation2 7#f7 in section #h;,j1 by striking or #h;,h and inserting #h;,h1 or #h,n2 and 7#g7 by inserting after section #h,m the following3 #h,n4 ,additional provisions with respect to the ,department of ,energy 7a7 ,the ,secretary of ,energy may prohibit the ,inspector ,general of the ,department of ,energy from accessing ,restricted ,data and nuclear safeguards information protected from disclosure under chapter #ab of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bafa et seq47 and intelligence or counterintelligence1 as defined in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc71 if the ,secretary of ,energy determines that the prohibition is necessary to protect the national security or prevent the significant impairment to the national security interests of the ,united ,states4 7b7 ,not later than #g days after the date on which the ,secretary of ,energy exercises any power authorized under subsection 7a71 the ,secretary shall notify the ,inspector ,general of the ,department of ,energy in writing the reasons for such exercise4 ,within #cj days after receipt of any such notice1 the ,inspector ,general of the ,department of ,energy shall submit to the appropriate committees of ,congress a statement concerning such exercise4 4 #agjh4 ,technical and conforming amendments 7a7 ,repeals 7#a7 ,inspector ,general ,act of #bjjh ,section #g7;b7 of the ,inspector ,general ,reform ,act of #bjjh 7,public ,law #aaj-dji2 #abb ,stat4 #dcab2 #e ,u4,s4,c4 #abaa note7 is repealed4 7#b7 ,financial ,services and ,general ,government ,appropriations ,act1 #bjji ,section #gdd of the ,financial ,services and ,general ,government ,appropriations ,act1 #bjji 7division ,d of ,public ,law #aaa-h2 #abc ,stat4 #fic7 is repealed4 7b7 ,agency applicability 7#a7 ,amendments ,the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app471 as amended by this part1 is further amended-- 7,a7 in section #h,m-- 7i7 in subsection 7a77#a7-- 7,i7 by striking ,each agency and inserting ,each ,federal agency and designated ,federal entity2 and 7,,ii7 by striking that agency each place that term appears and inserting that ,federal agency or designated ,federal entity2 7ii7 in subsection 7b7-- 7,i7 in paragraph 7#a71 by striking agency and inserting ,federal agency and designated ,federal entity2 and 7,,ii7 in paragraph 7#b71 by striking agency each place that term appears and inserting ,federal agency and designated ,federal entity2 and 7iii7 by adding at the end the following3 7c7 ,definitions ,in this section1 the terms designated ,federal entity and head of the designated ,federal entity have the meanings given those terms in section #h;,g7a74 2 and 7,b7 in section #aa7;c77#c77;,a77ii71 by striking department1 agency1 or entity of the executive branch and inserting ,federal agency or designated ,federal entity 7as defined in section #h;,g7a774 7#b7 ,effective date ,the amendments made by paragraph 7#a7 shall take effect on the date that is #ahj days after the date of enactment of this ,act4 7c7 ,requirements for ,inspectors ,general websites ,section #h,m7b77#a7 of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app471 as amended by this part1 is further amended-- 7#a7 in subparagraph 7,a71 by striking report or audit 7or portion of any report or audit7 and inserting audit report1 inspection report1 or evaluation report 7or portion of any such report72 and 7#b7 by striking report or audit 7or portion of that report or audit7 each place that term appears and inserting report 7or portion of that report74 7d7 ,corrections 7#a7 ,executive order number ,section #g7;c77#b7 of the ,inspector ,general ,reform ,act of #bjjh 7,public ,law #aaj-dji2 #abb ,stat4 #dcac2 #ca ,u4,s4,c4 #eja note7 is amended by striking #abicc and inserting #abiic4 7#b7 ,punctuation and cross-references ,the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app471 as amended by this part1 is further amended-- 7,a7 in section #d7;b77#b7-- 7i7 by striking #h;,f7a77#b7 each place that term appears and inserting #h;,g7a77#b72 and 7ii7 by striking #h;,f7a77#a7 and inserting #h;,g7a77#a72 7,b7 in section #e7;a77#e71 by striking section #f7;b77#b7 and inserting section #f7;c77#b72 7,c7 in section #e7;a77#ac71 by striking #je7;b7 and inserting #hjd7;b72 7,d7 in section #f7;a77#d71 by striking information1 as well as any tangible thing7 and inserting information71 as well as any tangible thing2 7,e7 in section #h;,a7d71 by striking section #f7;c7 and inserting section #f7;d72 and 7,f7 in section #h;,g7g77#c71 by striking #h;,c and inserting #h;,d4 7#c7 ,spelling ,the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app471 as amended by this part1 is further amended-- 7,a7 in section #c7;a71 by striking subpena and inserting subpoena2 7,b7 in section #f7;a77#d71 by striking subpenas and inserting subpoenas2 7,c7 in section #h;,d7a7-- 7i7 in paragraph 7#a71 by striking subpenas and inserting subpoenas2 and 7ii7 in paragraph 7#b71 by striking subpena each place that term appears and inserting subpoena2 7,d7 in section #h;,e7a7-- 7i7 in paragraph 7#a71 by striking subpenas and inserting subpoenas2 and 7ii7 in paragraph 7#b71 by striking subpena each place that term appears and inserting subpoena2 and 7,e7 in section #h;,g7d77#a71 by striking subpena and inserting subpoena4 ,,ii ,inspector ,general ,mandates ,reporting #agea4 ,short title ,this part may be cited as the ,inspector ,general ,mandates ,reporting ,act of #bjaf4 #ageb4 ,reporting requirements of ,inspectors ,general 7a7 ,definition ,in this section1 the term reporting requirement means a report that an ,office of ,inspector ,general is required to complete under the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 or any other provision of law4 7b7 ,report by ,inspectors ,general to ,,cigie ,not later than #fj days after the date of enactment of this ,act1 each ,office of ,inspector ,general shall submit to the ,council of ,inspectors ,general on ,integrity and ,efficiency a report1 which-- 7#a7 shall include a list of each reporting requirement for the ,office of ,inspector ,general2 and 7#b7 may include a list of each reporting requirement that the ,office of ,inspector ,general recommends should be modified or repealed4 7c7 ,report by ,,cigie to ,congress ,not later than #fj days after the date on which the ,council of ,inspectors ,general on ,integrity and ,efficiency receives the reports required to be submitted under subsection 7b71 the ,council shall submit to ,congress a report1 which-- 7#a7 shall include-- 7,a7 a list of each reporting requirement that is common to more than #a ,office of ,inspector ,general2 and 7,b7 a list1 by ,office of ,inspector ,general1 of each reporting requirement that is unique to that ,office of ,inspector ,general2 and 7#b7 may include recommendations for reporting requirements that should be modified or repealed4 7d7 ,form ,each report submitted under this section shall be in unclassified form1 but may include a classified annex4 ,h ,enhancements for ,government ,accountability ,office ,i ,government ,accountability ,office mandates revisions #ahja4 ,short title ,this part may be cited as the ,,gao ,mandates ,revision ,act of #bjaf4 #ahjb4 ,reports eliminated 7a7 ,single audit act monitoring responsibilities 7#a7 ,in general ,chapter #ge of title #ca1 ,united ,states ,code1 is amended-- 7,a7 by striking section #gejf2 and 7,b7 by redesignating section #gejg as section #gejf4 7#b7 ,technical and conforming amendment ,the table of sections for chapter #ge of title #ca1 ,united ,states ,code1 is amended by striking the items relating to sections #gejf and #gejg and inserting the following3 #gejf4 ,effective date4 4 7b7 ,review of ,medigap premium levels ,section #aaa7;c7 of the ,medicare1 ,medicaid1 and ,,schip ,benefits ,improvement and ,protection ,act of #bjjj 7,appendix ,f2 #aad ,stat4 #bgfc;,a-#dgc71 as enacted into law by section #a7;a77#f7 of ,public ,law #ajf-eed1 is repealed4 7c7 ,report on dispute resolution pilot program ,section #aaje of the ,sandy ,recovery ,improvement ,act of #bjac 7#db ,u4,s4,c4 #eahi;a note7 is amended by striking subsection 7d74 7d7 ,biennial survey regarding transportation intelligence reports ,section #aad7u7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a77;,a71 by striking subsection 7t7 and inserting subsection 7s77#d77;,e72 7#b7 by striking paragraph 7#g72 and 7#c7 by redesignating paragraphs 7#h7 and 7#i7 as paragraphs 7#g7 and 7#h71 respectively4 7e7 ,review and evaluation of guidance relating to post harvest processing of raw oysters ,section #aad of the ,,fda ,food ,safety ,modernization ,act 7#ba ,u4,s4,c4 #cdb note77 is amended-- 7#a7 by striking subsection 7c72 and 7#b7 by redesignating subsections 7d7 and 7e7 as subsections 7c7 and 7d71 respectively4 #ahjc4 ,reports modified 7a7 ,oversight and audits under the ,emergency ,economic ,stabilization ,act of #bjjh ,section #aaf7;a77#c7 of the ,emergency ,economic ,stabilization ,act of #bjjh 7#ab ,u4,s4,c4 #ebbf7;a77#c77 is amended by striking 1 regularly and no less frequently than once every #fj days1 and inserting annually4 7b7 ,,gao study of financial regulations ,section #ajaf;,b7a7 of the ,consumer ,financial ,protection ,act of #bjaj 7#ab ,u4,s4,c4 #edif;b7a77 is amended-- 7#a7 in the matter preceding paragraph 7#a71 in the first sentence-- 7,a7 by striking ,not later than the end of the #ahj-;day period beginning on the date of the enactment of this ,act1 and annually thereafter1 the and inserting ,the2 and 7,b7 by inserting periodically1 as the ,comptroller ,general determines is appropriate1 after shall2 7#b7 in paragraph 7#a71 by striking 1 including whether relevant ,federal agencies are applying sound cost-benefit analysis in promulgating rules2 and inserting 2 and2 7#c7 by striking paragraph 7#b72 and 7#d7 by redesignating paragraph 7#c7 as paragraph 7#b74 7c7 ,reports on conflict minerals ,section #aejb7;d7 of the ,dodd-,frank ,wall ,street ,reform and ,consumer ,protection ,act 7#ae ,u4,s4,c4 #ghm note7 is amended-- 7#a7 in paragraph 7#a71 by striking until the termination of the disclosure requirements under section #ac7p7 of the ,securities ,exchange ,act of #aicd and inserting through #bjbj1 in #bjbb1 and in #bjbd2 and 7#b7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by inserting through #bjbj1 in #bjbb1 and in #bjbd after annually thereafter4 7d7 ,update on actions taken by ,secretary of ,,hhs to implement ,,gao recommendation ,section #fcb7;d7 of the ,american ,taxpayer ,relief ,act of #bjab 7,public ,law #aab-bdj2 #abf ,stat4 #bced7 is amended in the first sentence by striking ,december #ca1 #bjae and inserting ,december #ca1 #bjbc4 7e7 ,review panel ,section #cii,v-#d7;d77#b7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bhj;g-#ae7 is amended-- 7#a7 in subparagraph 7,c71 by striking 1 or an individual within the ,government ,accountability ,office designated by the ,comptroller ,general1 shall and inserting shall designate a member of the review panel to2 and 7#b7 in subparagraph 7,d71 by striking ,comptroller ,general and inserting ,secretary4 ,,ii ,government ,accountability ,office ,access and ,oversight #ahea4 ,short title ,this part may be cited as the,g,a,o ,access and ,oversight ,act of #bjaf4 #aheb4 ,access to certain information 7a7 ,access to certain information ,subchapter ,,ii of chapter #g of title #ca1 ,united ,states ,code1 is amended by adding at the end the following3 #gba4 ,access to certain information 7a7 ,no provision of the ,social ,security ,act1 including section #dec7l7 of that ,act 7#db ,u4,s4,c4 #fec7l771 shall be construed to limit1 amend1 or supersede the authority of the ,comptroller ,general to obtain any information or to inspect any record under section #gaf of this title4 7b7 ,the specific reference to a statute in subsection 7a7 shall not be construed to affect access by the ,government ,accountability ,office to information under statutes that are not so referenced4 4 7b7 ,agency reports ,section #gbj7;b7 of title #ca1 ,united ,states ,code1 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by inserting or planned after action taken2 and 7#b7 by striking paragraph 7#a7 and inserting the following3 7#a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives1 the congressional committees with jurisdiction over the agency program or activity that is the subject of the recommendation1 and the ,government ,accountability ,office before the #fast day after the date of the report2 and 4 7c7 ,authority ,to obtain records ,section #gaf of title #ca1 ,united ,states ,code1 is amended in subsection 7a7-- 7#a7 by striking 7a7 and inserting 7#b72 and 7#b7 by inserting after the section heading the following3 7a7 7#a7 ,the ,comptroller ,general is authorized to obtain such agency records as the ,comptroller ,general requires to discharge the duties of the ,comptroller ,general 7including audit1 evaluation1 and investigative duties71 including through the bringing of civil actions under this section4 ,in reviewing a civil action under this section1 the court shall recognize the continuing force and effect of the authorization in the preceding sentence until such time as the authorization is repealed pursuant to law4 4 7d7 ,technical and conforming amendment ,the table of sections for chapter #g of title #ca1 ,united ,states ,code1 is amended by inserting after the item relating to section #gbj the following3 #gba4 ,access to certain information4 4 ,i ,stopping wasteful ,federal bonuses #aija4 ,short title ,this subtitle may be cited as the ,stop ,wasteful ,federal ,bonuses ,act of #bjaf4 #aijb4 ,bonuses 7a7 ,adverse findings and employees under investigation ,chapter #de of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 ,,iv ,limitations on bonus authority #deca4 ,certain forms of misconduct 7a7 ,definitions ,in this section3 7#a7 ,adverse finding 7,a7 ,in general ,the term adverse finding means a determination by the head of the agency employing an employee that the conduct of the employee-- 7i7 violated a policy of the agency for which the employee may be removed or suspended for a period of not less than #ad days2 or 7ii7 violated a law for which the employee may be imprisoned for more than #a year4 7,b7 ,basis ,a determination described in subparagraph 7,a7 may be based on an investigation by1 determination of1 or information provided by the ,inspector ,general or another senior ethics official of an agency or the ,comptroller ,general of the ,united ,states1 as part of carrying out an activity1 authority1 or function of the ,inspector ,general1 senior ethics official1 or ,comptroller ,general1 respectively1 under a provision of law other than this section4 7#b7 ,agency ,the term agency has the meaning given that term under section #eea4 7#c7 ,bonus ,the term bonus means any performance award or cash award under-- 7,a7 section #deje;a2 7,b7 section #echd2 or 7,c7 section #eged4 7b7 ,prohibition ,the head of an agency shall not award a bonus to an employee of the agency until #e years after the end of the fiscal year during which the head of an agency makes an adverse finding relating to the employee4 7c7 ,after bonus awarded 7#a7 ,in general ,for a bonus awarded to an employee after the date of enactment of this section1 if the head of the agency employing the employee makes an adverse finding relating to the employee during the year during which the bonus is awarded1 the head of the agency1 after notice and an opportunity for a hearing1 shall issue an order directing the employee to repay the amount of the bonus4 7#b7 ,hearings ,a hearing under this paragraph shall be conducted in accordance with regulations relating to hearings promulgated by the head of the agency under chapter #ge4 7d7 ,condition of receipt ,as a condition of receiving a bonus awarded after the date of enactment of this section1 an employee of an agency shall sign a certification stating that the employee shall repay the bonus in accordance with a final order issued in accordance with subsection 7c74 7e7 ,appeal ,an employee determined to be ineligible for a bonus under subsection 7b7 or against whom an order is issued under subsection 7c7 may appeal to the ,merit ,systems ,protection ,board under section #ggja4 4 7b7 ,rulemaking ,the head of each agency 7as defined under title #eea of title #e1 ,united ,states ,code7 may promulgate rules to carry out section #deca of title #e1 ,united ,states ,code1 as added by subsection 7a74 7c7 ,technical and conforming amendment ,the table of sections for chapter #de of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 ,,subchapter ,,iv--,limitations on bonus authority#deca4 ,certain forms of misconduct4 4 ,j ,eliminating ,government-funded oil-paintings #aiba4 ,short title ,this subtitle may be cited as the,eliminating ,government-funded ,oil-painting ,act or the ,,ego ,act4 #aibb4 ,prohibition on use of funds for portraits 7a7 ,prohibition ,no funds appropriated or otherwise made available to the ,federal ,government may be used to pay for the painting of a portrait of an officer or employee of the ,federal ,government1 including the ,president1 the ,vice ,president1 a ,member of ,congress1 the head of an executive agency1 or the head of an office of the legislative branch4 7b7 ,definitions ,in this section-- 7#a7 the term executive agency has the meaning given the term in section #acc of title #da1 ,united ,states ,code2 and 7#b7 the term ,member of ,congress includes a ,delegate or ,resident ,commissioner to ,congress4 ,k ,presidential allowance modernization #aida4 ,short title ,this subtitle may be cited as the ,presidential ,allowance ,modernization ,act of #bjaf4 #aidb4 ,amendments 7a7 ,former ,presidents ,the first section of the ,act entitled ,an ,act to provide retirement1 clerical assistants1 and free mailing privileges to former ,presidents of the ,united ,states1 and for other purposes1 approved ,august #be1 #aieh 7commonly known as the ,former ,presidents ,act of #aieh7 7#c ,u4,s4,c4 #ajb note71 is amended by striking the matter preceding subsection 7e7 and inserting the following3 7a7 ,in general ,each former ,president shall be entitled for the remainder of his or her life to receive from the ,united ,states-- 7#a7 an annuity at the rate of #bjj1jjj per year1 subject to subsection 7c72 and 7#b7 a monetary allowance at the rate of #bjj1jjj per year1 subject to subsections 7c7 and 7d74 7b7 ,duration2 frequency 7#a7 ,in general ,the annuity and allowance under subsection 7a7 shall each-- 7,a7 commence on the day after the date on which an individual becomes a former ,president2 7,b7 terminate on the date on which the former ,president dies2 and 7,c7 be payable by the ,secretary of the ,treasury on a monthly basis4 7#b7 ,appointive or elective positions ,the annuity and allowance under subsection 7a7 shall not be payable for any period during which a former ,president holds an appointive or elective position in or under the ,federal ,government to which is attached a rate of pay other than a nominal rate4 7c7 ,cost-of-,living increases ,effective ,december #a of each year1 each annuity and allowance under subsection 7a7 that commenced before that date shall be increased by the same percentage by which benefit amounts under title ,,ii of the ,social ,security ,act 7#db ,u4,s4,c4 #dja et seq47 are increased1 effective as of that date1 as a result of a determination under section #bae7;i7 of that ,act 7#db ,u4,s4,c4 #dae7;i774 7d7 ,limitation on monetary allowance 7#a7 ,in general ,notwithstanding any other provision of this section1 the monetary allowance payable under subsection 7a77#b7 to a former ,president for any #ab-month period-- 7,a7 except as provided in subparagraph 7,b71 may not exceed the amount by which-- 7i7 the monetary allowance that 7but for this subsection7 would otherwise be so payable for such #ab-month period1 exceeds 7if at all7 7ii7 the applicable reduction amount for such #ab-month period2 and 7,b7 shall not be less than the amount determined under paragraph 7#d74 7#b7 ,definition 7,a7 ,in general ,for purposes of paragraph 7#a71 the term applicable reduction amount means1 with respect to any former ,president and in connection with any #ab-month period1 the amount by which-- 7i7 the sum of-- 7,i7 the adjusted gross income 7as defined in section #fb of the ,internal ,revenue ,code of #aihf7 of the former ,president for the most recent taxable year for which a tax return is available2 and 7,,ii7 any interest excluded from the gross income of the former ,president under section #ajc of such ,code for such taxable year1 exceeds 7if at all7 7ii7 #djj1jjj1 subject to subparagraph 7,c74 7,b7 ,joint returns ,in the case of a joint return1 subclauses 7,i7 and 7,,ii7 of subparagraph 7,a77i7 shall be applied by taking into account both the amounts properly allocable to the former ,president and the amounts properly allocable to the spouse of the former ,president4 7,c7 ,cost-of-living increases ,the dollar amount specified in subparagraph 7,a77ii7 shall be adjusted at the same time that1 and by the same percentage by which1 the monetary allowance of the former ,president is increased under subsection 7c7 7disregarding this subsection74 7#c7 ,disclosure requirement 7,a7 ,definitions ,in this paragraph-- 7i7 the terms return and return information have the meanings given those terms in section #fajc7;b7 of the ,internal ,revenue ,code of #aihf2 and 7ii7 the term ,secretary means the ,secretary of the ,treasury or the ,secretary of the ,treasury's delegate4 7,b7 ,requirement ,a former ,president may not receive a monetary allowance under subsection 7a77#b7 unless the former ,president discloses to the ,secretary1 upon the request of the ,secretary1 any return or return information of the former ,president or spouse of the former ,president that the ,secretary determines is necessary for purposes of calculating the applicable reduction amount under paragraph 7#b7 of this subsection4 7,c7 ,confidentiality ,except as provided in section #fajc of the ,internal ,revenue ,code of #aihf and notwithstanding any other provision of law1 the ,secretary may not1 with respect to a return or return information disclosed to the ,secretary under subparagraph 7,b7-- 7i7 disclose the return or return information to any entity or person2 or 7ii7 use the return or return information for any purpose other than to calculate the applicable reduction amount under paragraph 7#b74 7#d7 ,increased costs due to security needs ,with respect to the monetary allowance that would be payable to a former ,president under subsection 7a77#b7 for any #ab-month period but for the limitation under paragraph 7#a71 the ,administrator of ,general ,services1 in coordination with the ,director of the ,united ,states ,secret ,service1 shall determine the amount of the allowance that is needed to pay the increased cost of doing business that is attributable to the security needs of the former ,president4 4 7b7 ,surviving spouses of former ,presidents 7#a7 ,increase in amount of monetary allowance ,subsection 7e7 of the first section of the ,former ,presidents ,act of #aieh is amended-- 7,a7 in the first sentence1 by striking #bj1jjj per annum1 and inserting #ajj1jjj per year 7subject to paragraph 7#d7712 and 7,b7 in the second sentence-- 7i7 in paragraph 7#b71 by striking and at the end2 7ii7 in paragraph 7#c7-- 7,i7 by striking or the government of the ,district of ,columbia2 and 7,,ii7 by striking the period and inserting 2 and2 and 7iii7 by inserting after paragraph 7#c7 the following3 7#d7 shall1 after its commencement date1 be increased at the same time that1 and by the same percentage by which1 annuities of former ,presidents are increased under subsection 7c74 4 7#b7 ,coverage of widower of a former ,president ,subsection 7e7 of the first section of the ,former ,presidents ,act of #aieh1 as amended by paragraph 7#a71 is amended-- 7,a7 by striking widow each place it appears and inserting widow or widower2 and 7,b7 by striking she and inserting she or he4 7c7 ,subsection headings ,the first section of the ,former ,presidents ,act of #aieh is amended-- 7#a7 in subsection 7e71 by inserting after the subsection enumerator the following3 ,widows and widowers4--2 7#b7 in subsection 7f71 by inserting after the subsection enumerator the following3 ,definition4--2 and 7#c7 in subsection 7g71 by inserting after the subsection enumerator the following3 ,authorization of appropriations4--4 #aidc4 ,rule of construction ,nothing in this subtitle or an amendment made by this subtitle shall be construed to affect-- 7#a7 any provision of law relating to the security or protection of a former ,president or a member of the family of a former ,president2 or 7#b7 funding1 under the ,former ,presidents ,act of #aieh or any other law1 to carry out any provision of law described in paragraph 7#a74 #aidd4 ,transition rules 7a7 ,former ,presidents ,in the case of any individual who is a former ,president on the date of enactment of this ,act1 the amendment made by section #aidb7;a7 shall be applied as if the commencement date referred in subsection 7b77#a77;,a7 of the first section of the ,former ,presidents ,act of #aieh1 as amended by section #aidb7;a71 coincided with such date of enactment4 7b7 ,widows ,in the case of any individual who is the widow of a former ,president on the date of enactment of this ,act1 the amendments made by section #aidb7;b77#a7 shall be applied as if the commencement date referred to in subsection 7e77#a7 of the first section of the ,former ,presidents ,act of #aieh1 as amended by section #aidb7;b77#a71 coincided with such date of enactment4 #aide4 ,applicability ,for a former ,president receiving a monetary allowance under the ,former ,presidents ,act of #aieh on the day before the date of enactment of this ,act1 the limitation under subsection 7d77#a7 of the first section of that ,act1 as amended by section #aidb7;a71 shall apply to the monetary allowance of the former ,president1 except to the extent that the application of the limitation would prevent the former ,president from being able to pay the cost of a lease or other contract that is in effect on the day before the date of enactment of this ,act and under which the former ,president makes payments using the monetary allowance1 as determined by the ,administrator of ,general ,services4 ,l ,making electronic ,government accountable #aifa4 ,short title ,this subtitle may be cited as the ,making ,electronic ,government ,accountable ,by ,yielding ,tangible ,efficiencies ,act of #bjaf or the ,,megabyte ,act of #bjaf4 #aifb4 ,,omb ,directive on management of software licenses 7a7 ,definitions ,in this section-- 7#a7 the term ,director means the ,director of the ,office of ,management and ,budget2 and 7#b7 the term ,executive agency has the meaning given that term in section #aje of title #e1 ,united ,states ,code4 7b7 ,,omb ,directive ,the ,director shall issue a directive to require the ,chief ,information ,officer of each ,executive agency to develop a comprehensive software licensing policy1 which shall-- 7#a7 identify clear roles1 responsibilities1 and central oversight authority within the ,executive agency for managing enterprise software license agreements and commercial software licenses2 and 7#b7 require the ,chief ,information ,officer of each ,executive agency to-- 7,a7 establish a comprehensive inventory1 including #hj percent of software license spending and enterprise licenses in the ,executive agency1 by identifying and collecting information about software license agreements using automated discovery and inventory tools2 7,b7 regularly track and maintain software licenses to assist the ,executive agency in implementing decisions throughout the software license management life cycle2 7,c7 analyze software usage and other data to make cost-effective decisions2 7,d7 provide training relevant to software license management2 7,e7 establish goals and objectives of the software license management program of the ,executive agency2 and 7,f7 consider the software license management life cycle phases1 including the requisition1 reception1 deployment and maintenance1 retirement1 and disposal phases1 to implement effective decision-making and incorporate existing standards1 processes1 and metrics4 7c7 ,report on software license management 7#a7 ,in general ,beginning in the first fiscal year beginning after the date of enactment of this ,act1 and in each of the following #e fiscal years1 the ,chief ,information ,officer of each ,executive agency shall submit to the ,director a report on the financial savings or avoidance of spending that resulted from improved software license management4 7#b7 ,availability ,the ,director shall make each report submitted under paragraph 7#a7 publically available4 ,m ,construction consensus procurement improvement #aiha4 ,short title ,this subtitle may be cited as the ,construction ,consensus ,procurement ,improvement ,act of #bjaf4 #aihb4 ,congressional findings ,congress makes the following findings3 7#a7 ,the acquisition procedures that are often used effectively to procure products and other forms of services are not always appropriate for procurement of design and construction services4 7#b7 ,federal procurement officials often adopt contracting techniques from the private sector and have used those techniques effectively to procure products and services4 7#c7 ,design-build is a procurement technique ,federal officials have adopted from the private sector that has worked well for procurement of design and construction services4 7#d7 ,the current statutory framework for design-build could benefit from legislative refinement4 7#e7 ,reverse auctions are another procurement technique ,federal officials have adopted from the private sector and used successfully to award contracts for the purchase of products that are commercially equivalent to commodities4 7#f7 ,despite their success in other contexts1 reverse auctions are generally inappropriate for procurement of design and construction services1 given the unique nature of each such project4 #aihc4 ,design-build construction process improvement 7a7 ,civilian contracts 7#a7 ,in general ,section #ccji7;b7 of title #da1 ,united ,states ,code1 is amended to read as follows3 7b7 ,criteria for use 7#a7 ,contracts with a value of at least #gej1jjj ,two-phase selection procedures shall be used for entering into a contract for the design and construction of a public building1 facility1 or work when a contracting officer determines that the project has a value of #gej1jjj or greater1 as adjusted for inflation in accordance with section #aijh of this title4 7#b7 ,contracts with a value less than #gej1jjj ,for projects that a contracting officer determines have a value of less than #gej1jjj1 the contracting officer shall make a determination whether two-phase selection procedures are appropriate for use for entering into a contract for the design and construction of a public building1 facility1 or work when-- 7,a7 the contracting officer anticipates that #c or more offers will be received for the contract2 7,b7 design work must be performed before an offeror can develop a price or cost proposal for the contract2 7,c7 the offeror will incur a substantial amount of expense in preparing the offer2 and 7,d7 the contracting officer has considered information such as-- 7i7 the extent to which the project requirements have been adequately defined2 7ii7 the time constraints for delivery of the project2 7iii7 the capability and experience of potential contractors2 7iv7 the suitability of the project for use of the two-phase selection procedures2 7v7 the capability of the agency to manage the two-phase selection process2 and 7vi7 other criteria established by the agency4 4 7#b7 ,annual reports 7,a7 ,in general ,not later than ,november #cj of #bjag1 #bjah1 #bjai1 #bjbj1 and #bjba1 the head of each agency shall compile an annual report of each instance in which the agency awarded a design-build contract pursuant to section #ccji of title #da1 ,united ,states ,code1 during the fiscal year ending in such calendar year1 in which-- 7i7 more than #e finalists were selected for phase-two requests for proposals2 or 7ii7 the contract or order was awarded without using two-phase selection procedures4 7,b7 ,public availability ,the ,director of the ,office of ,management and ,budget shall facilitate public access to the reports1 including by posting them on a publicly available ,internet website4 ,a notice of the availability of each report shall be published in the ,federal ,register4 7b7 ,,gao reports ,not later than #bgj days after the deadline for the final reports required under subsection 7f7 of section #ccji of title #da1 ,united ,states ,code1 as added by subsection 7a77#a71 the ,comptroller ,general of the ,united ,states shall issue a report analyzing the compliance of the various ,federal agencies with the requirements of such section4 #aihd4 ,prohibition on the use of a reverse auction for the award of a contract for design and construction services 7a7 ,finding ,congress finds that1 in contrast to a traditional auction in which the buyers bid up the price1 sellers bid down the price in a reverse auction4 7b7 ,prohibition ,not later than #ahj days after the date of the enactment of this ,act1 the ,federal ,acquisition ,regulatory ,council1 in consultation with the ,administrator for ,federal ,procurement ,policy1 shall amend the ,federal ,acquisition ,regulation to prohibit the use of reverse auctions as part of the two-phase selection procedure for awarding contracts for construction and design services4 7c7 ,definitions ,for purposes of this section-- 7#a7 the term design and construction services means-- 7,a7 site planning and landscape design2 7,b7 architectural and engineering services 7including surveying and mapping defined in section #aaja of title #dj1 ,united ,states ,code72 7,c7 interior design2 7,d7 performance of substantial construction work for facility1 infrastructure1 and environmental restoration projects2 7,e7 delivery and supply of construction materials to construction sites2 or 7,f7 construction or substantial alteration of public buildings or public works2 and 7#b7 the term reverse auction means1 with respect to procurement by an agency-- 7,a7 a real-time auction conducted through an electronic medium among #b or more offerors who compete by submitting bids for a supply or service contract with the ability to submit revised lower bids at any time before the closing of the auction2 and 7,b7 the award of the contract1 delivery order1 task order1 or purchase order to the offeror1 in whole or in part1 based on the price obtained through the auction process4 ,,ii ,accountability enhancements ,a ,expanded whistleblower protections for employees #baja4 ,short title ,this subtitle may be cited as the ,dr4 ,chris ,kirkpatrick ,whistleblower ,protection ,act of #bjaf4 ,i ,employees generally #baba4 ,definitions ,in this part-- 7#a7 the terms agency and personnel action have the meanings given such terms under section #bcjb of title #e1 ,united ,states ,code2 and 7#b7 the term employee means an employee 7as defined in section #baje of title #e1 ,united ,states ,code7 of an agency4 #babb4 ,stays2 probationary employees 7a7 ,request by ,special ,counsel ,section #abad7;b77#a7 of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7,e7 ,if the ,merit ,systems ,protections ,board grants a stay under this subsection1 the head of the agency employing the employee shall give priority to a request for a transfer submitted by the employee4 4 7b7 ,individual right of action for probationary employees ,section #abba of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7k7 ,if the ,merit ,systems ,protection ,board grants a stay to an employee in probationary status under subsection 7c71 the head of the agency employing the employee shall give priority to a request for a transfer submitted by the employee4 4 7c7 ,study regarding retaliation against probationary employees ,the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives a report discussing retaliation against employees in probationary status4 #babc4 ,adequate access of ,special ,counsel to information ,section #abab7;b7 of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7#e7 ,the ,special ,counsel1 in carrying out this subchapter1 is authorized to-- 7,a7 have access to all records1 reports1 audits1 reviews1 documents1 papers1 recommendations1 or other material available to the applicable agency which relate to a matter within the jurisdiction or authority of the ,special ,counsel2 and 7,b7 request from any agency such information or assistance as may be necessary for carrying out the duties and responsibilities of the ,special ,counsel under this subchapter4 4 #babd4 ,prohibited personnel practices ,section #bcjb7;b7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#ab71 by striking or at the end2 7#b7 in paragraph 7#ac71 by striking the period at the end and inserting 2 or2 and 7#c7 by inserting after paragraph 7#ac7 the following3 7#ad7 access the medical record of another employee for the purpose of retaliation for a disclosure or activity protected under paragraph 7#h7 or 7#i74 4 #babe4 ,discipline of supervisors based on retaliation against whistleblowers 7a7 ,in general ,subchapter ,,ii of chapter #ge of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #geae4 ,discipline of supervisors based on retaliation against whistleblowers 7a7 ,definitions ,in this section-- 7#a7 the term agency has the meaning given that term under section #bcjb2 7#b7 the term prohibited personnel action means taking or failing to take an action in violation of paragraph 7#h71 7#i71 or 7#ad7 of section #bcjb7;b7 against an employee of an agency2 and 7#c7 the term supervisor means a supervisor1 as defined under section #gajc7;a71 who is employed by an agency1 as defined under paragraph 7#a7 of this subsection4 7b7 ,proposed adverse actions 7#a7 ,in general ,in accordance with paragraph 7#b71 the head of an agency shall propose against a supervisor whom the head of that agency1 an administrative law judge1 the ,merit ,systems ,protection ,board1 the ,office of ,special ,counsel1 an adjudicating body provided under a union contract1 a ,federal judge1 or the ,inspector ,general of the agency determines committed a prohibited personnel action the following adverse actions3 7,a7 ,with respect to the first prohibited personnel action1 an adverse action that is not less than a #ab-;day suspension4 7,b7 ,with respect to the second prohibited personnel action1 removal4 7#b7 ,procedures 7,a7 ,notice ,a supervisor against whom an adverse action under paragraph 7#a7 is proposed is entitled to written notice4 7,b7 ,answer and evidence 7i7 ,in general ,a supervisor who is notified under subparagraph 7,a7 that the supervisor is the subject of a proposed adverse action under paragraph 7#a7 is entitled to #ad days following such notification to answer and furnish evidence in support of the answer4 7ii7 ,no evidence ,after the end of the #ad-;day period described in clause 7i71 if a supervisor does not furnish evidence as described in clause 7i7 or if the head of the agency determines that such evidence is not sufficient to reverse the proposed adverse action1 the head of the agency shall carry out the adverse action4 7,c7 ,scope of procedures ,paragraphs 7#a7 and 7#b7 of subsection 7b7 of section #geac1 subsection 7c7 of such section1 paragraphs 7#a7 and 7#b7 of subsection 7b7 of section #gedc1 and subsection 7c7 of such section shall not apply with respect to an adverse action carried out under this subsection4 7c7 ,no limitation on other adverse actions ,with respect to a prohibited personnel action1 if the head of the agency carries out an adverse action against a supervisor under another provision of law1 the head of the agency may carry out an additional adverse action under this section based on the same prohibited personnel action4 4 7b7 ,technical and conforming amendment ,the table of sections for subchapter ,,ii of chapter #ge of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #geae4 ,discipline of supervisors based on retaliation against whistleblowers4 4 #babf4 ,suicide by employees 7a7 ,referral ,the head of an agency shall refer to the ,office of ,special ,counsel1 along with any information known to the agency regarding the circumstances described in paragraphs 7#b7 and 7#c71 any instance in which the head of the agency has information indicating-- 7#a7 an employee of the agency committed suicide2 7#b7 prior to the death of the employee1 the employee made any disclosure of information which reasonably evidences-- 7,a7 any violation of any law1 rule1 or regulation2 or 7,b7 gross mismanagement1 a gross waste of funds1 an abuse of authority1 or a substantial and specific danger to public health or safety2 and 7#c7 after a disclosure described in paragraph 7#b71 a personnel action was taken against the employee4 7b7 ,office of special counsel review ,for any referral to the ,office of ,special ,counsel under subsection 7a71 the ,office of ,special ,counsel shall-- 7#a7 examine whether any personnel action was taken because of any disclosure of information described in subsection 7a77#b72 and 7#b7 take any action the ,office of ,special ,counsel determines appropriate under subchapter ,,ii of chapter #ab of title #e1 ,united ,states ,code4 #babg4 ,training for supervisors ,in consultation with the ,office of ,special ,counsel and the ,inspector ,general of the agency 7or senior ethics official of the agency for an agency without an ,inspector ,general71 the head of each agency shall provide training regarding how to respond to complaints alleging a violation of whistleblower protections 7as defined in section #bcjg of title #e1 ,united ,states ,code1 as added by section #babh7 available to employees of the agency-- 7#a7 to employees appointed to supervisory positions in the agency who have not previously served as a supervisor2 and 7#b7 on an annual basis1 to all employees of the agency serving in a supervisory position4 #babh4 ,information on whistleblower protections 7a7 ,existing provision 7#a7 ,in general ,section #bcjb of title #e1 ,united ,states ,code1 is amended-- 7,a7 by striking subsection 7c72 and 7,b7 by redesignating subsections 7d71 7e71 and 7f7 as subsections 7c71 7d71 and 7e71 respectively4 7#b7 ,technical and conforming amendments 7,a7 ,section #deje;a7b77#b7 of title #e1 ,united ,states ,code1 is amended by striking section #bcjb7;d7 and inserting section #bcjb7;c74 7,b7 ,section #egee7;b77#b7 of title #e1 ,united ,states ,code1 is amended by striking section #bcjb7;d7 and inserting section #bcjb7;c74 7,c7 ,section #aaj7;b77#b7 of the ,whistleblower ,protection ,enhancement ,act of #bjab 7#e ,u4,s4,c4 #bcjb note7 is amended by striking section #bcjc7;f77#a7 or 7#b7 and inserting section #bcjc7;e77#a7 or 7#b74 7,d7 ,section #gjd of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #cdd7 is amended by striking #bcjb7;c7 each place it appears and inserting #bcjg4 7,e7 ,section #abag7;d77#c7 of the ,panama ,canal ,act of #aigi 7#bb ,u4,s4,c4 #cfeg7;d77#c77 is amended by striking section #bcjb7;d7 and inserting section #bcjb7;c74 7,f7 ,section #abcc7;b7 of the ,panama ,canal ,act of #aigi 7#bb ,u4,s4,c4 #cfgc7;b77 is amended by striking section #bcjb7;d7 and inserting section #bcjb7;c74 7b7 ,provision of information ,chapter #bc of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #bcjg4 ,information on whistleblower protections 7a7 ,definitions ,in this section-- 7#a7 the term agency has the meaning given that term in section #bcjb2 7#b7 the term new employee means an individual-- 7,a7 appointed to a position as an employee of an agency on or after the date of enactment of the ,dr4 ,chris ,kirkpatrick ,whistleblower ,protection ,act of #bjaf2 and 7,b7 who has not previously served as an employee2 and 7#c7 the term whistleblower protections means the protections against and remedies for a prohibited personnel practice described in paragraph 7#h71 subparagraph 7,a77i71 7,b71 7,c71 or 7,d7 of paragraph 7#i71 or paragraph 7#ad7 of section #bcjb7;b74 7b7 ,responsibilities of head of agency ,the head of each agency shall be responsible for the prevention of prohibited personnel practices1 for the compliance with and enforcement of applicable civil service laws1 rules1 and regulations1 and other aspects of personnel management1 and for ensuring 7in consultation with the ,special ,counsel and the ,inspector ,general of the agency7 that employees of the agency are informed of the rights and remedies available to them under this chapter and chapter #ab1 including-- 7#a7 information regarding whistleblower protections available to new employees during the probationary period2 7#b7 the role of the ,office of ,special ,counsel and the ,merit ,systems ,protection ,board with regard to whistleblower protections2 and 7#c7 how to make a lawful disclosure of information that is specifically required by law or ,executive order to be kept classified in the interest of national defense or the conduct of foreign affairs to the ,special ,counsel1 the ,inspector ,general of an agency1 ,congress1 or other agency employee designated to receive such disclosures4 7c7 ,timing ,the head of each agency shall ensure that the information required to be provided under subsection 7b7 is provided to each new employee of the agency not later than #f months after the date the new employee is appointed4 7d7 ,information online ,the head of each agency shall make available information regarding whistleblower protections applicable to employees of the agency on the public website of the agency1 and on any online portal that is made available only to employees of the agency if one exists4 7e7 ,delegees ,any employee to whom the head of an agency delegates authority for personnel management1 or for any aspect thereof1 shall1 within the limits of the scope of the delegation1 be responsible for the activities described in subsection 7b74 4 7c7 ,technical and conforming amendment ,the table of sections for chapter #bc of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #bcjg4 ,information on whistleblower protections4 4 ,,ii ,department of ,veterans ,affairs employees #bada4 ,prevention of unauthorized access to medical records of employees of the ,department of ,veterans ,affairs 7a7 ,development of plan 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall-- 7,a7 develop a plan to prevent access to the medical records of employees of the ,department of ,veterans ,affairs by employees of the ,department who are not authorized to access such records2 7,b7 submit to the appropriate committees of ,congress the plan developed under subparagraph 7,a72 and 7,c7 upon request1 provide a briefing to the appropriate committees of ,congress with respect to the plan developed under subparagraph 7,a74 7#b7 ,elements ,the plan required under paragraph 7#a7 shall include the following3 7,a7 ,a detailed assessment of strategic goals of the ,department for the prevention of unauthorized access to the medical records of employees of the ,department4 7,b7 ,a list of circumstances in which an employee of the ,department who is not a health care provider or an assistant to a health care provider would be authorized to access the medical records of another employee of the ,department4 7,c7 ,steps that the ,secretary will take to acquire new or implement existing technology to prevent an employee of the ,department from accessing the medical records of another employee of the ,department without a specific need to access such records4 7,d7 ,steps the ,secretary will take1 including plans to issue new regulations1 as necessary1 to ensure that an employee of the ,department may not access the medical records of another employee of the ,department for the purpose of retrieving demographic information if that demographic information is available to the employee in another location or through another format4 7,e7 ,a proposed timetable for the implementation of such plan4 7,f7 ,an estimate of the costs associated with implementing such plan4 7b7 ,appropriate committees of ,congress defined ,in this section1 the term appropriate committees of ,congress means-- 7#a7 the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on ,veterans' ,affairs of the ,senate2 and 7#b7 the ,committee on ,oversight and ,government ,reform and the ,committee on ,veterans' ,affairs of the ,house of ,representatives4 #badb4 ,outreach on availability of mental health services available to employees of the ,department of ,veterans ,affairs ,the ,secretary of ,veterans ,affairs shall conduct a program of outreach to employees of the ,department of ,veterans ,affairs to inform those employees of any mental health services1 including telemedicine options1 that are available to them4 #badc4 ,protocols to address threats against employees of the ,department of ,veterans ,affairs ,the ,secretary of ,veterans ,affairs shall ensure protocols are in effect to address threats from individuals receiving health care from the ,department of ,veterans ,affairs directed towards employees of the ,department who are providing such health care4 #badd4 ,comptroller ,general of the ,united ,states study on accountability of chiefs of police of ,department of ,veterans ,affairs medical centers ,the ,comptroller ,general of the ,united ,states shall conduct a study to assess the reporting1 staffing1 accountability1 and chain of command structure of the ,department of ,veterans ,affairs police officers at medical centers of the ,department4 ,b ,enhanced whistleblower protection for contractor and grantee employees #bbja4 ,enhancement of whistleblower protection for contractor and grantee employees 7a7 ,protection for employees of grantees and subgrantees 7#a7 ,defense grants ,section #bdji7;a77#a7 of title #aj1 ,united ,states ,code1 is amended by inserting or personal services contractor after subgrantee4 7#b7 ,civilian grants ,section #dgab7;a77#a7 of title #da1 ,united ,states ,code1 is amended by striking or grantee and inserting grantee1 or subgrantee or personal services contractor4 7b7 ,prohibition on reimbursement for legal fees accrued in defense against reprisal claims 7#a7 ,defense contracts ,section #bcbd7k7 of title #aj1 ,united ,states ,code1 is amended-- 7,a7 by inserting or subcontractor1 or personal services contractor after contractor each place it appears2 7,b7 by inserting or subcontract after contract each place it appears2 and 7,c7 in paragraph 7#a71 by inserting or to any other activity described in subparagraphs 7,a7 through 7,c7 of section #bdji7;a77#a7 of this title after statute or regulation4 7#b7 ,civilian contracts 7,a7 ,in general ,section #dcaj of title #da1 ,united ,states ,code1 is amended-- 7i7 by inserting or subcontractor1 or personal services contractor after contractor each place it appears2 7ii7 by inserting or subcontract after contract each place it appears2 and 7iii7 in subsection 7b77#a71 by inserting or to any other activity described in section #dgab7;a77#a7 of this title after statute or regulation4 7,b7 ,conforming amendment ,section #dcjd7;a77#ae7 of title #da1 ,united ,states ,code1 is amended by inserting or subcontractor1 or personal service contractor after contractor4 7c7 ,inclusion of contract clause in contracts awarded before effective date ,at the time of any major modification to a contract that was awarded before the date of the enactment of this ,act1 the head of the contracting agency shall include in the contract a contract clause providing for the applicability of the amendments made by this section and section #hbg of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjac 7,public ,law #aab-bci2 #abf ,stat4 #ahcc74 ,c ,office of ,special ,counsel reauthorization #bcja4 ,short title ,this subtitle may be cited as the ,office of ,special ,counsel ,reauthorization ,act of #bjaf4 #bcjb4 ,adequate access of ,special ,counsel to information ,section #abab7;b7 of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7#e7 7,a7 ,the ,special ,counsel1 in carrying out this subchapter-- 7i7 shall have timely access to all records1 data1 reports1 audits1 reviews1 documents1 papers1 recommendations1 or other material available to the applicable agency which relate to a matter within the jurisdiction or authority of the ,special ,counsel2 7ii7 may request from any agency the information or assistance that may be necessary for the ,special ,counsel to carry out the duties and responsibilities of the ,special ,counsel under this subchapter2 and 7iii7 may require1 during an investigation1 review1 or inquiry of an agency1 any employee of the agency to provide to the ,special ,counsel any record or other information that relates to a matter within the jurisdiction or authority of the ,special ,counsel4 7,b7 7i7 ,a claim of common law privilege by an agency1 or an officer or employee of an agency1 shall not prevent the ,special ,counsel from obtaining any material described in subparagraph 7,a77i7 with respect to the agency4 7ii7 ,the submission of material described in subparagraph 7,a77i7 by an agency to the ,special ,counsel may not be deemed to waive any assertion of privilege by the agency against a non-,federal entity or against an individual in any other proceeding4 7iii7 ,with respect to any record or other information made available to the ,special ,counsel by an agency under subparagraph 7,a71 the ,special ,counsel may only disclose the record or information for a purpose that is in furtherance of any authority provided to the ,special ,counsel in this subchapter4 7#f7 ,the ,special ,counsel shall submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives1 and each committee of ,congress with jurisdiction over the applicable agency a report regarding any case of contumacy or failure to comply with a request submitted by the ,special ,counsel under paragraph 7#e77;,a74 4 #bcjc4 ,prohibited personnel practices2 information on whistleblower protections ,section #bcjb of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#b77;,a7-- 7,a7 in clause 7xi71 by striking and at the end2 7,b7 by redesignating clause 7xii7 as clause 7xiii72 and 7,c7 by inserting after clause 7xi7 the following3 7xii7 for the purposes of paragraph 7#h7 or 7#i7 of subsection 7b71 the accessing of a medical record of the employee or applicant for employment2 and 2 7#b7 in subsection 7b77#i77;,d71 by inserting 1 rule1 or regulation after order2 and 7#c7 by striking subsection 7c7 and inserting the following3 7c7 7#a7 ,in this subsection-- 7,a7 the term new employee means an individual-- 7i7 appointed to a position as an employee on or after the date of enactment of the ,office of ,special ,counsel ,reauthorization ,act of #bjaf2 and 7ii7 who has not previously served as an employee2 and 7,b7 the term whistleblower protections means the protections against and remedies for a prohibited personnel practice described in paragraph 7#h7 or subparagraph 7,a77i71 7,b71 7,c71 or 7,d7 of paragraph 7#i7 of subsection 7b74 7#b7 ,the head of each agency shall be responsible for-- 7,a7 preventing prohibited personnel practices2 7,b7 complying with and enforcing applicable civil service laws1 rules1 and regulations1 and other aspects of personnel management2 and 7,c7 ensuring1 in consultation with the ,special ,counsel and the ,inspector ,general of the agency1 that employees of the agency are informed of the rights and remedies available to the employees under this chapter and chapter #ab1 including-- 7i7 information with respect to whistleblower protections available to new employees during a probationary period2 7ii7 the role of the ,office of ,special ,counsel and the ,merit ,systems ,protection ,board with respect to whistleblower protections2 and 7iii7 the means by which1 with respect to information that is otherwise required by law or ,executive order to be kept classified in the interest of national defense or the conduct of foreign affairs1 an employee may make a lawful disclosure of the information to-- 7,i7 the ,special ,counsel2 7,,ii7 the ,inspector ,general of an agency2 7,,iii7 ,congress2 or 7,,iv7 another employee of the agency who is designated to receive such a disclosure4 7#c7 ,the head of each agency shall ensure that the information described in paragraph 7#b7 is provided to each new employee of the agency not later than #ahj days after the date on which the new employee is appointed4 7#d7 ,the head of each agency shall make available information regarding whistleblower protections applicable to employees of the agency on the public website of the agency and on any online portal that is made available only to employees of the agency1 if such portal exists4 7#e7 ,any employee to whom the head of an agency delegates authority for any aspect of personnel management shall1 within the limits of the scope of the delegation1 be responsible for the activities described in paragraph 7#b74 4 #bcjd4 ,additional whistleblower provisions 7a7 ,explanations for failure to take action ,section #abac of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b71 by striking #ae days and inserting #de days2 7#b7 in subsection 7e7-- 7,a7 in paragraph 7#a71 by striking ,any such report and inserting ,any report required under subsection 7c7 or paragraph 7#e7 of this subsection2 7,b7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,upon receipt of any report that the head of an agency is required to submit under subsection 7c71 the ,special ,counsel shall review the report and determine whether-- 7,a7 the findings of the head of the agency appear reasonable2 and 7,b7 if the ,special ,counsel requires the head of the agency to submit a supplemental report under paragraph 7#e71 the reports submitted by the head of the agency collectively contain the information required under subsection 7d74 2 7,c7 in paragraph 7#c71 by striking agency report received pursuant to subsection 7c7 of this section and inserting report submitted to the ,special ,counsel by the head of an agency under subsection 7c7 or paragraph 7#e7 of this subsection2 and 7,d7 by adding at the end the following3 7#e7 ,if1 after conducting a review of a report under paragraph 7#b71 the ,special ,counsel concludes that the ,special ,counsel requires additional information or documentation to determine whether the report submitted by the head of an agency is reasonable and sufficient1 the ,special ,counsel may request that the head of the agency submit a supplemental report-- 7,a7 containing the additional information or documentation identified by the ,special ,counsel2 and 7,b7 which the head of the agency shall submit to the ,special ,counsel within a period of time specified by the ,special ,counsel4 2 and 7#c7 by striking subsection 7h7 and inserting the following3 7h7 ,the ,special ,counsel may not respond to any inquiry or disclose any information about any person who makes a disclosure under this section except in accordance with section #eeb;a or as required by any other provision of ,federal law4 4 7b7 ,retaliatory investigations ,section #abad of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7i7 ,the ,special ,counsel may petition the ,board to order corrective action1 including fees1 costs1 or damages reasonably incurred by an employee due to an investigation of the employee by an agency1 if the investigation by an agency was commenced1 expanded1 or extended in retaliation for a disclosure or protected activity described under section #bcjb7;b77#h7 or section #bcjb7;b77#i77;,a77i71 7,b71 7,c71 or 7,d71 even if no personnel action1 as defined under section #bcjb7;a71 is taken or not taken4 4 7c7 ,sensitive positions ,section #ggja of title #e1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7k7 as subsection 7l72 and 7#b7 by inserting after subsection 7j7 the following3 7k7 7#a7 ,the ,board has authority to review on the merits an appeal by an employee or applicant for employment of an action arising from a determination that the employee or applicant for employment is ineligible for a sensitive position if-- 7,a7 the sensitive position does not require a security clearance or access to classified information2 and 7,b7 such action is otherwise appealable4 7#b7 ,in this subsection1 the term sensitive position means a position designated as a sensitive position under ,executive ,order #ajdej 7#e ,u4,s4,c4 #gcaa note71 or any successor thereto4 4 7d7 ,protection of whistleblowers as criteria in performance appraisals 7#a7 ,establishment of systems ,section #dcjb of title #e1 ,united ,states ,code1 is amended-- 7,a7 by redesignating subsections 7b7 and 7c7 as subsections 7c7 and 7d71 respectively2 and 7,b7 by inserting after subsection 7a7 the following3 7b7 7#a7 ,the head of each agency1 in consultation with the ,director of the ,office of ,personnel ,management and the ,special ,counsel1 shall develop criteria that-- 7,a7 the head of the agency shall use as a critical element for establishing the job requirements of a supervisory employee2 and 7,b7 promote the protection of whistleblowers4 7#b7 ,the criteria required under paragraph 7#a7 shall include principles for the protection of whistleblowers1 such as the degree to which supervisory employees-- 7,a7 respond constructively when employees of the agency make disclosures described in subparagraph 7,a7 or 7,b7 of section #bcjb7;b77#h72 7,b7 take responsible actions to resolve such disclosures2 and 7,c7 foster an environment in which employees of the agency feel comfortable making such disclosures to supervisory employees or other appropriate authorities4 7#c7 ,in this subsection-- 7,a7 the term agency means any entity the employees of which are covered by paragraphs 7#h7 and 7#i7 of section #bcjb7;b71 without regard to whether any other provision of this section is applicable to the entity2 7,b7 the term supervisory employee means an employee who would be a supervisor1 as defined in section #gajc7;a71 if the agency employing the employee was an agency for purposes of chapter #ga2 and 7,c7 the term whistleblower means an employee who makes a disclosure described in section #bcjb7;b77#h74 4 7#b7 ,criteria for performance appraisals ,section #dcac of title #e1 ,united ,states ,code is amended-- 7,a7 in paragraph 7#d71 by striking and at the end2 7,b7 in paragraph 7#e71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#f7 protecting whistleblowers1 as described in section #dcjb7;b77#b74 4 7e7 ,annual report to ,congress on unacceptable performance in whistleblower protection 7#a7 ,definitions ,in this subsection1 the terms agency and whistleblower have the meanings given the terms in section #dcjb7;b77#c7 of title #e1 ,united ,states ,code1 as amended by subsection 7d74 7#b7 ,report ,each agency shall annually submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives1 and each committee of ,congress with jurisdiction over the agency a report that details-- 7,a7 the number of performance appraisals1 for the year covered by the report1 that determined that an employee of the agency failed to meet the standards for protecting whistleblowers that were established under section #dcjb7;b7 of title #e1 ,united ,states ,code1 as amended by subsection 7d72 7,b7 the reasons for the determinations described in subparagraph 7,a72 and 7,c7 each disciplinary or corrective action taken by the agency in response to a determination under subparagraph 7,a74 7f7 ,technical and conforming amendment ,section #dcja of title #e1 ,united ,states ,code1 is amended1 in the matter preceding paragraph 7#a71 by striking ,for the purpose of and inserting ,except as otherwise expressly provided1 for the purpose of4 #bcje4 ,termination of certain investigations by the ,office of ,special ,counsel ,section #abad7;a7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a77;,d71 in the first sentence1 by inserting other than a termination of an investigation described in paragraph 7#f77;,a7 after investigation of a prohibited personnel practice2 and 7#b7 by adding at the end the following3 7#f7 7,a7 ,not later than #cj days after receiving an allegation of a prohibited personnel practice under paragraph 7#a71 the ,special ,counsel may terminate an investigation of the allegation without further inquiry or an opportunity for the individual who submitted the allegation to respond if the ,special ,counsel determines that-- 7i7 the same allegation1 based on the same set of facts and circumstances had previously been-- 7,i7 7aa7 made by the individual2 and 7bb7 investigated by the ,special ,counsel2 or 7,,ii7 filed by the individual with the ,merit ,systems ,protection ,board2 7ii7 the ,special ,counsel does not have jurisdiction to investigate the allegation2 or 7iii7 the individual knew or should have known of the alleged prohibited personnel practice on or before the date that is #c years before the date on which the ,special ,counsel received the allegation4 7,b7 ,not later than #cj days after the date on which the ,special ,counsel terminates an investigation under subparagraph 7,a71 the ,special ,counsel shall provide a written notification to the individual who submitted the allegation of a prohibited personnel practice that states the basis of the ,special ,counsel for terminating the investigation4 4 #bcjf4 ,allegations of wrongdoing within the ,office of ,special ,counsel ,section #abab of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7i7 ,the ,special ,counsel shall enter into at least #a agreement with the ,inspector ,general of an agency under which-- 7#a7 the ,inspector ,general shall-- 7,a7 receive1 review1 and investigate allegations of prohibited personnel practices or wrongdoing filed by employees of the ,office of ,special ,counsel2 and 7,b7 develop a method for an employee of the ,office of ,special ,counsel to directly communicate with the ,inspector ,general2 and 7#b7 the ,special ,counsel-- 7,a7 may not require an employee of the ,office of ,special ,counsel to seek authorization or approval before directly contacting the ,inspector ,general in accordance with the agreement2 and 7,b7 may reimburse the ,inspector ,general for services provided under the agreement4 4 #bcjg4 ,reporting requirements 7a7 ,annual report ,section #abah of title #e1 ,united ,states ,code1 is amended to read as follows3 #abah4 ,annual report ,the ,special ,counsel shall submit to ,congress1 on an annual basis1 a report on the activities of the ,special ,counsel1 which shall include1 for the year preceding the submission of the report-- 7#a7 the number1 types1 and disposition of allegations of prohibited personnel practices filed with the ,special ,counsel and the costs of resolving such allegations2 7#b7 the number of investigations conducted by the ,special ,counsel2 7#c7 the number of stays or disciplinary actions negotiated with agencies by the ,special ,counsel2 7#d7 the number of subpoenas issued by the ,special ,counsel2 7#e7 the number of instances in which the ,special ,counsel reopened an investigation after the ,special ,counsel had made an initial determination with respect to the investigation2 7#f7 the actions that resulted from reopening investigations as described in paragraph 7#e72 7#g7 the number of instances in which the ,special ,counsel did not make a determination before the end of the #bdj-;day period described in section #abad7;b77#b77;,a77i7 regarding whether there were reasonable grounds to believe that a prohibited personnel practice had occurred1 existed1 or was to be taken2 7#h7 a description of the recommendations and reports made by the ,special ,counsel to other agencies under this subchapter and the actions taken by the agencies as a result of the recommendations or reports2 7#i7 the number of-- 7,a7 actions initiated before the ,merit ,systems ,protection ,board1 including the number of corrective action petitions and disciplinary action complaints initiated2 7,b7 stays and extensions of stays obtained from the ,merit ,systems ,protection ,board2 and 7,c7 requests for enforcement of subpoenas or requests for enforcement by the ,merit ,systems ,protection ,board described in section #abab7;b77#f72 7#aj7 the number of prohibited personnel practice complaints that resulted in-- 7,a7 a favorable action for the complainant1 organized by actions in-- 7i7 complaints dealing with reprisals against whistleblowers2 and 7ii7 all other complaints2 and 7,b7 a favorable outcome for the complainant1 organized by outcomes in-- 7i7 complaints dealing with reprisals against whistleblowers2 and 7ii7 all other complaints2 7#aa7 the number of corrective actions that the ,special ,counsel required an agency to take after a finding by the ,special ,counsel of a prohibited personnel practice1 as defined in section #bcjb7;b72 and 7#ab7 the results for the ,office of ,special ,counsel of any employee viewpoint survey conducted by the ,office of ,personnel ,management or any other agency4 4 7b7 ,public information ,section #abai7;a77#a7 of title #e1 ,united ,states ,code1 is amended to read as follows3 7#a7 a list of any noncriminal matters referred to the head of an agency under section #abac7;c71 together with-- 7,a7 a copy of the information transmitted to the head of the agency under section #abac7;c77#a72 7,b7 any report from the agency under section #abac7;c77#a77;,b7 relating to the matter2 7,c7 if appropriate1 not otherwise prohibited by law1 and consented to by the complainant1 any comments from the complainant under section #abac7;e77#a7 relating to the matter2 and 7,d7 the comments or recommendations of the ,special ,counsel under paragraph 7#c7 or 7#d7 of section #abac7;e72 4 #bcjh4 ,establishment of survey pilot program 7a7 ,in general ,the ,office of ,special ,counsel shall design and establish a pilot program under which the ,office shall conduct1 during the period beginning on ,october #a1 #bjag and ending on ,september #cj1 #bjah1 a survey of individuals who have filed a complaint or disclosure with the ,office4 7b7 ,purpose ,the survey under subsection 7a7 shall be designed for the purpose of collecting information and improving service at various stages of a review or investigation by the ,office of ,special ,counsel4 7c7 ,results ,the results of the survey under subsection 7a7 shall be published in the annual report of the ,office of ,special ,counsel4 7d7 ,suspension of other surveys ,during the period beginning on ,october #a1 #bjag and ending on ,september #cj1 #bjah1 section #ac of the ,act entitled ,an ,act to reauthorize the ,office of ,special ,counsel1 and for other purposes1 approved ,october #bi1 #aiid 7#e ,u4,s4,c4 #abab note71 shall have no force or effect4 #bcji4 ,authorization of appropriations 7a7 ,in general ,section #h7;a77#b7 of the ,whistleblower ,protection ,act of #aihi 7#e ,u4,s4,c4 #eeji note7 is amended by striking #bjjc1 #bjjd1 #bjje1 #bjjf1 and #bjjg and inserting #bjaf through #bjba4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect as though enacted on ,september #cj1 #bjae4 ,june #f1 #bjaf,read the second time and placed on the calendar