,i #aafth ,,congress #ast ,session ,h4 ,r4 #abjc ,,in ,,the ,,house ,,of ,,representatives ,february #ac1 #bjai,mr4 ,mitchell introduced the following bill2 which was referred to the ,committee on ,oversight and ,reform ,a ,,bill ,to strengthen and enhance the authority to discipline officers and employees of the ,federal ,government for violating the ,anti-,deficiency ,act1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,anti-,deficiency ,reform and ,enforcement ,act of #bjai4 #b4 ,adverse actions for violations of the ,anti-,deficiency ,act 7a7 ,expending or obligating amounts2 voluntary services 7#a7 ,in general ,section #acdi of title #ca1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7a71 by striking ,an officer and inserting ,consistent with the requirements of subsections 7b7 and 7c71 an officer2 and 7,b7 by striking subsection 7b7 and inserting the following3 7b7 7#a7 ,the head of an agency shall remove1 or in the case of a temporary or probationary employee1 terminate the employment of1 an officer or employee of the ,united ,states ,government if the head determines that such officer or employee knowingly violated section #acda7;a7 or #acdb1 as described under paragraph 7#b74 7#b7 ,an officer or employee of the ,united ,states ,government who committed an act in violation of section #acda7;a7 or #acdb did so knowingly if such officer or employee-- 7,a7 acted with actual knowledge that his or her actions would violate section #acda7;a7 or #acdb2 or 7,b7 acted in reckless disregard of whether his or her actions would violate section #acda7;a7 or #acdb4 7c7 7#a7 ,the head of an agency shall take an appropriate adverse action against an officer or employee of the ,united ,states ,government for a violation of section #acda7;a7 or #acdb if the head determines that the failure of such officer or employee to exercise reasonable care in carrying out his or her duties led to such violation4 7#b7 ,an appropriate adverse action under this subsection shall be removal 7or termination in the case of a temporary or probationary employee71 demotion1 or suspension4 7d7 ,an officer or employee who willfully uses or authorizes the use of a passenger motor vehicle or aircraft owned or leased by the ,united ,states ,government 7except for an official purpose authorized by section #acdd7 or otherwise violates section #acdd shall be suspended without pay by the head of the agency4 ,the officer or employee shall be suspended for at least one month1 and when circumstances warrant1 for a longer period or removed from office4 4 7#b7 ,reports ,section #acea of title #ca1 ,united ,states ,code1 is amended-- 7,a7 by striking ,if an officer and inserting 7a7 ,if an officer2 7,b7 by inserting after actions taken the following3 1 including1 with respect to an officer or employee of the ,united ,states ,government1 whether the violation was committed knowingly 7as described in section #acdi7;b77 or whether a failure to exercise reasonable care in carrying out duties led to the violation2 7,c7 by striking ,congress each place it appears and inserting the appropriate congressional committees2 and 7,d7 by adding at the end the following3 7b7 ,in this section1 the term appropriate congressional committees means the ,committee on ,oversight and ,reform of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 4 7b7 ,apportionment 7#a7 ,in general ,section #aeah of title #ca1 ,united ,states ,code1 is amended-- 7,a7 by striking ,an officer and inserting 7a7 ,consistent with the requirements of subsections 7b7 and 7c71 an officer2 and 7,b7 by adding at the end the following3 7b7 7#a7 ,the head of an agency shall remove1 or in the case of a temporary or probationary employee1 terminate the employment of1 an officer or employee of the ,united ,states ,government if the head determines that such officer or employee knowingly made1 authorized1 or involved the ,government in a contract1 obligation1 or expenditure in violation of section #aeag7;a71 as described under paragraph 7#b74 7#b7 ,an officer or employee of the ,united ,states ,government who committed an act in violation of section #aeag7;a7 did so knowingly if such officer or employee-- 7,a7 acted with actual knowledge that his or her actions would violate section #aeag7;a72 or 7,b7 acted in reckless disregard of whether his or her actions would violate section #aeag7;a74 7c7 7#a7 ,the head of an agency shall take an appropriate adverse action against an officer or employee of the ,united ,states ,government for a violation of section #aeag7;a7 if the head determines that the failure of such officer or employee to exercise reasonable care in carrying out his or her duties led to such violation4 7#b7 ,an appropriate adverse action under this subsection shall be removal 7or termination in the case of a temporary or probationary employee71 demotion1 or suspension4 4 7#b7 ,reports ,section #aeag7;b7 of title #ca1 ,united ,states ,code1 is amended-- 7,a7 by striking 7b7 ,if an officer and inserting 7b77#a7 ,if an officer2 7,b7 by inserting after actions taken the following3 1 including1 with respect to an officer or employee of the ,united ,states ,government1 whether the violation was committed knowingly 7as described in section #aeah7;b77 or whether a failure to exercise reasonable care in carrying out duties led to the violation2 7,c7 by striking ,congress each place it appears and inserting the appropriate congressional committees2 and 7,d7 by adding at the end the following3 7#b7 ,in this subsection1 the term appropriate congressional committees means the ,committee on ,oversight and ,reform of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 4 7c7 ,clarification of appeal rights ,nothing in this section or the amendments made by this section shall be construed to-- 7#a7 waive1 modify1 or otherwise affect the right of an officer or employee of the ,united ,states ,government to appeal an adverse action taken against such an officer or employee for a violation of section #acdi or #aeah of title #ca1 ,united ,states ,code 7as amended by subsections 7a77#a7 and 7b77#a71 respectively71 including an appeal to the ,merit ,systems ,protection ,board1 if such a right is afforded by any other provision of law1 rule1 or regulation2 or 7#b7 extend or otherwise grant any appeal right with respect to such an adverse action to an officer or employee of the ,united ,states ,government who is not otherwise afforded such a right under any other provision of law1 rule1 or regulation4 #c4 ,legal opinions relating to potential violations of the ,anti-,deficiency ,act 7a7 ,in general ,subchapter ,,ii of chapter #g of subtitle ,i of title #ca1 ,united ,states ,code1 is amended by adding at the end the following3 #gbb4 ,legal opinions relating to potential violations of the ,anti-,deficiency ,act 7a7 7#a7 ,not later than #ajj days after the date on which the ,committee on ,oversight and ,reform of the ,house of ,representatives or the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate requests a legal opinion from the ,comptroller ,general relating to a potential violation of section #acda1 #acdb1 or #aeag by an officer or employee of the ,united ,states ,government1 the ,comptroller ,general shall submit such opinion to-- 7,a7 each ,committee2 and 7,b7 the employing entity of such officer or employee4 7#b7 ,the legal opinion required under paragraph 7#a7 shall-- 7,a7 address whether the alleged violation of section #acda1 #acdb1 or #aeag occurred2 7,b7 include recommendations to the employing entity1 including whether the entity should submit a report under section #acea or #aeag7;b72 and 7,c7 take into consideration any report submitted by the employing entity of such officer or employee under subsection 7b74 7b7 ,before submitting a legal opinion under subsection 7a77#a71 the ,comptroller ,general shall notify the applicable employing entity of the request for a legal opinion1 and such entity shall submit to the ,comptroller ,general a report1 including any relevant documents1 on such request-- 7#a7 not later than #de days after the date on which the entity receives the notice2 or 7#b7 if the ,comptroller ,general determines that a shorter or longer period is appropriate based on the specific circumstances of the request1 within such shorter or longer period4 7c7 ,with respect to any case in which the ,comptroller ,general determines under subsection 7b77#b7 that a longer period for the submission of a complete report is appropriate1 such period may not extend the deadline for the submission of a legal opinion by the ,comptroller ,general under subsection 7a77#a74 7d7 ,not later than #fj days after receiving a legal opinion under subsection 7a71 the employing entity shall submit a report on actions taken or planned to be taken on any recommendation in the opinion1 in accordance with section #gbj7;b74 7e7 ,with respect to the computation of any period of time under this section1 the following rules apply3 7#a7 ,the period does not include the date on which the request is submitted under subsection 7a77#a71 notice is provided under subsection 7b71 or a legal opinion is received under subsection 7d71 as the case may be4 7#b7 ,in the case of a period with respect to which the last day is a ,saturday1 ,sunday1 legal holiday1 or a day on which weather or other conditions cause the closing of the ,government ,accountability ,office1 the next day that is not any such day is the last day of that period4 4 7b7 ,clerical amendment ,the table of sections of subchapter ,,ii of chapter #g of title #ca1 ,united ,states ,code1 is amended by inserting after the item relating to section #gba the following3 #gbb4 ,legal opinions relating to potential violations of the ,anti-,deficiency ,act4 4 #d4 ,awards for ,anti-,deficiency ,act disclosures 7a7 ,in general ,subchapter ,,ii of chapter #de of title #e1 ,united ,states ,code1 is amended by adding after section #deac the following3 #dead4 ,agency awards for disclosures of ,anti-,deficiency ,act violations 7a7 ,the ,inspector ,general of an agency1 or any other agency employee designated under subsection 7b71 may award a cash payment to any employee of such agency whose disclosure of a potential ,anti-,deficiency ,act violation to the ,inspector ,general1 or to such other designated agency employee1 resulted in a report of an ,anti-,deficiency ,act violation under section #acea or #aeag7;b7 of title #ca4 ,an award under this section shall be derived from the appropriations account of the agency used for employee awards or bonuses1 subject to the availability of appropriations4 ,the amount of an award under this section may not exceed the lesser of-- 7#a7 #a1jjj2 or 7#b7 an amount equal to #a percent of the amount of such violation4 7b7 ,in the case of an agency for which there is no ,inspector ,general1 the head of the agency shall designate an agency employee who shall have the authority to make the determinations and grant the awards permitted under this section4 7c7 ,in making cash awards under this chapter1 the ,president or the head of an agency may take into account an employee's-- 7#a7 disclosure of a potential ,anti-,deficiency ,act violation2 or 7#b7 recommendations to mitigate or prevent any ,anti-,deficiency ,act violation4 7d7 ,in this section1 the term ,anti-,deficiency ,act violation means a violation of section #acda7;a71 #acdb1 or #aeag7;a7 of title #ca4 4 7b7 ,clerical amendments 7#a7 ,table of sections ,the table of sections for subchapter ,,ii of chapter #de of title #e1 ,united ,states ,code1 is amended-- 7,a7 by striking the item relating to subchapter ,,ii and inserting the following3 ,,subchapter ,,ii--,,awards ,,for ,,disclosures 2 and 7,b7 by inserting after the item relating to section #deac the following3 #dead4 ,agency awards for disclosures of ,anti-,deficiency ,act violations4 4 7#b7 ,subchapter heading ,the heading for such subchapter is amended by striking ,cost ,savings4 #e4 ,inspector ,general reviews 7a7 ,in general ,not later than ,november #cj1 #bjai1 and every two years thereafter1 the ,inspector ,general of each agency shall1 to the extent practicable1 conduct an assessment of the applicable agency-- 7#a7 assessing whether an ,anti-,deficiency ,act violation occurred in the preceding two fiscal years that was not reported under section #acea or #aeag7;b7 of title #ca1 ,united ,states ,code2 and 7#b7 identifying internal controls1 policies1 procedures1 rules1 regulations1 or management practices that may be contributing to any such violation1 or could contribute to such violations4 7b7 ,report ,the ,inspector ,general shall include the results of the assessment under subsection 7a7 as part of the appropriate semiannual report submitted pursuant to section #e of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 and shall include in such report recommendations to reduce ,anti-,deficiency ,act violations4 7c7 ,coordination ,the ,inspectors ,general shall coordinate with each other to share best practices and methodologies for conducting the assessment required under subsection 7a74 7d7 ,definition of ,anti-,deficiency ,act violation ,in this section1 the term ,anti-,deficiency ,act violation means a violation of section #acda7;a71 #acdb1 or #aeag7;a7 of title #ca1 ,united ,states ,code4