[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3011 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 505
114th CONGRESS
2d Session
S. 3011
To improve the accountability, efficiency, transparency, and overall
effectiveness of the Federal Government.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 26, 2016
Mr. Johnson introduced the following bill; which was read the first
time
June 6, 2016
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
To improve the accountability, efficiency, transparency, and overall
effectiveness of the Federal Government.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bolster Accountability to Drive
Government Efficiency and Reform Washington Act of 2016''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--EFFICIENCY, TRANSPARENCY, AND OTHER REFORMS
Subtitle A--Federal Real Property Sale and Management
Sec. 1101. Definitions.
Sec. 1102. Federal Real Property Reform Board.
Sec. 1103. Property management.
Sec. 1104. Agency retention of proceeds.
Sec. 1105. Surplus property donations to museums.
Sec. 1106. Duties of Federal agencies.
Sec. 1107. Streamlining the McKinney-Vento Homeless Assistance Act.
Subtitle B--Taxpayers Right to Know
Sec. 1201. Short title.
Sec. 1202. Inventory of Government programs.
Sec. 1203. Guidance and implementation.
Subtitle C--Stopping Improper Payments to Deceased People
Sec. 1301. Short title.
Sec. 1302. Distribution of death information furnished to or maintained
by the social security administration.
Sec. 1303. Improving the use of death data by government agencies to
curb improper payments.
Sec. 1304. Plan for ensuring the accuracy and completeness of death
data maintained and distributed by the
Social Security Administration.
Sec. 1305. Report on information security.
Subtitle D--Fraud Reduction and Data Analytics
Sec. 1401. Short title.
Sec. 1402. Definitions.
Sec. 1403. Establishment of financial and administrative controls
relating to fraud and improper payments.
Sec. 1404. Working group.
Subtitle E--Duplication Reduction and Agency Coordination
Sec. 1501. Short title.
Sec. 1502. Purpose.
Sec. 1503. Identification, consolidation, and elimination of
unnecessarily duplicative Government
programs.
Sec. 1504. Improvements to elimination of unnecessary duplication.
Subtitle F--Administrative Leave
Sec. 1601. Short title.
Sec. 1602. Sense of Congress.
Sec. 1603. Administrative leave.
Sec. 1604. Investigative leave and notice leave.
Sec. 1605. Leave for weather and safety issues.
Sec. 1606. Additional oversight.
Subtitle G--Enhancements for Inspectors General
PART I--Inspector General Empowerment
Sec. 1701. Short title.
Sec. 1702. Nonduty status of Inspectors General; nominal supervision.
Sec. 1703. Additional authority provisions for Inspectors General.
Sec. 1704. Additional responsibilities and resources of the Council of
the Inspectors General on Integrity and
Efficiency.
Sec. 1705. Reports and additional information.
Sec. 1706. Full and prompt access to all documents.
Sec. 1707. Access to information for certain Inspectors General.
Sec. 1708. Technical and conforming amendments.
PART II--Inspector General Mandates Reporting
Sec. 1751. Short title.
Sec. 1752. Reporting requirements of Inspectors General.
Subtitle H--Enhancements for Government Accountability Office
PART I--Government Accountability Office Mandates Revisions
Sec. 1801. Short title.
Sec. 1802. Reports eliminated.
Sec. 1803. Reports modified.
PART II--Government Accountability Office Access and Oversight
Sec. 1851. Short title.
Sec. 1852. Access to certain information.
Subtitle I--Stopping Wasteful Federal Bonuses
Sec. 1901. Short title.
Sec. 1902. Bonuses.
Subtitle J--Eliminating Government-funded Oil-paintings
Sec. 1921. Short title.
Sec. 1922. Prohibition on use of funds for portraits.
Subtitle K--Presidential Allowance Modernization
Sec. 1941. Short title.
Sec. 1942. Amendments.
Sec. 1943. Rule of construction.
Sec. 1944. Transition rules.
Sec. 1945. Applicability.
Subtitle L--Making Electronic Government Accountable
Sec. 1961. Short title.
Sec. 1962. OMB Directive on management of software licenses.
Subtitle M--Construction Consensus Procurement Improvement
Sec. 1981. Short title.
Sec. 1982. Congressional findings.
Sec. 1983. Design-build construction process improvement.
Sec. 1984. Prohibition on the use of a reverse auction for the award of
a contract for design and construction
services.
TITLE II--ACCOUNTABILITY ENHANCEMENTS
Subtitle A--Expanded Whistleblower Protections for Employees
Sec. 2101. Short title.
PART I--Employees Generally
Sec. 2121. Definitions.
Sec. 2122. Stays; probationary employees.
Sec. 2123. Adequate access of Special Counsel to information.
Sec. 2124. Prohibited personnel practices.
Sec. 2125. Discipline of supervisors based on retaliation against
whistleblowers.
Sec. 2126. Suicide by employees.
Sec. 2127. Training for supervisors.
Sec. 2128. Information on whistleblower protections.
PART II--Department of Veterans Affairs Employees
Sec. 2141. Prevention of unauthorized access to medical records of
employees of the Department of Veterans
Affairs.
Sec. 2142. Outreach on availability of mental health services available
to employees of the Department of Veterans
Affairs.
Sec. 2143. Protocols to address threats against employees of the
Department of Veterans Affairs.
Sec. 2144. Comptroller General of the United States study on
accountability of chiefs of police of
Department of Veterans Affairs medical
centers.
Subtitle B--Enhanced Whistleblower Protection for Contractor and
Grantee Employees
Sec. 2201. Enhancement of whistleblower protection for contractor and
grantee employees.
Subtitle C--Office of Special Counsel Reauthorization
Sec. 2301. Short title.
Sec. 2302. Adequate access of Special Counsel to information.
Sec. 2303. Prohibited personnel practices; information on whistleblower
protections.
Sec. 2304. Additional whistleblower provisions.
Sec. 2305. Termination of certain investigations by the Office of
Special Counsel.
Sec. 2306. Allegations of wrongdoing within the Office of Special
Counsel.
Sec. 2307. Reporting requirements.
Sec. 2308. Establishment of survey pilot program.
Sec. 2309. Authorization of appropriations.
TITLE I--EFFICIENCY, TRANSPARENCY, AND OTHER REFORMS
Subtitle A--Federal Real Property Sale and Management
SEC. 1101. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Board.--The term ``Board'' means the Federal Real
Property Reform Board established by section 1102.
(3) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(4) Federal agency.--The term ``Federal agency'' means--
(A) an executive department or independent
establishment in the executive branch of the
Government; and
(B) a wholly owned Government corporation.
(5) Federal civilian real property and civilian real
property.--
(A) In general.--The terms ``Federal civilian real
property'' and ``civilian real property'' mean Federal
real property assets, including--
(i) public buildings (as defined in section
3301 of title 40, United States Code);
(ii) occupied and improved grounds;
(iii) leased space; and
(iv) other physical structures under the
custody and control of any Federal agency.
(B) Exclusions.--The terms ``Federal civilian real
property'' and ``civilian real property'' do not
include--
(i) any military installation (as defined
in section 2910 of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note;
Public Law 101-510));
(ii) any property that is excepted from the
definition of the term ``property'' under
section 102 of title 40, United States Code;
(iii) Indian and native Eskimo property
held in trust by the Federal Government as
described in section 3301(a)(5)(C)(iii) of
title 40, United States Code;
(iv) real property operated and maintained
by the Tennessee Valley Authority pursuant to
the Tennessee Valley Authority Act of 1933 (16
U.S.C. 831 et seq.);
(v) any real property the Director excludes
for reasons of national security;
(vi) any public lands (as defined in
section 203 of the Public Lands Corps Act of
1993 (16 U.S.C. 1722)) administered by--
(I) the Secretary of the Interior,
acting through--
(aa) the Director of the
Bureau of Land Management;
(bb) the Director of the
National Park Service;
(cc) the Commissioner of
Reclamation; or
(dd) the Director of the
United States Fish and Wildlife
Service; or
(II) the Secretary of Agriculture,
acting through the Chief of the Forest
Service; or
(vii) any postal property.
(6) Field office.--The term ``field office'' means any
office of a Federal agency that is not the headquarters office
location for the Federal agency.
(7) Postal property.--The term ``postal property'' means
any property owned or leased by the United States Postal
Service.
SEC. 1102. FEDERAL REAL PROPERTY REFORM BOARD.
(a) Establishment.--
(1) In general.--There is established an independent board
to be known as the Federal Real Property Reform Board.
(2) Duties.--The Board shall carry out the duties described
in subsection (c).
(3) Membership.--
(A) In general.--The Board shall be composed of--
(i) a Chairperson appointed by the
President, by and with the advice and consent
of the Senate; and
(ii) 6 members appointed by the President.
(B) Appointments.--In making appointments to the
Board under subparagraph (A)(ii), the President shall
consult with--
(i) the Speaker of the House of
Representatives concerning the appointment of 2
members;
(ii) the majority leader of the Senate
concerning the appointment of 2 members;
(iii) the minority leader of the House of
Representatives concerning the appointment of 1
member; and
(iv) the minority leader of the Senate
concerning the appointment of 1 member.
(C) Terms.--The term for each member of the Board
shall be 6 years.
(D) Vacancies.--A vacancy on the Board shall be
filled in the same manner in which the original
appointment was made.
(E) Qualifications.--In making appointments to the
Board, the President shall ensure that the Board
contains individuals with expertise representative of--
(i) commercial real estate and
redevelopment;
(ii) space optimization and utilization;
and
(iii) community development, including
transportation and planning.
(4) Board meetings.--
(A) Open meetings.--
(i) In general.--Each meeting of the Board,
other than meetings in which classified
information is to be discussed, shall--
(I) be open to the public; and
(II) be announced in the Federal
Register and the Federal website
established by the Board at least 14
calendar days in advance of a meeting.
(ii) Agenda; materials.--For each meeting,
the Board shall release an agenda and a listing
of materials relevant to the topics to be
discussed.
(B) Quorum and meetings.--Of the members of the
Board--
(i) 5 shall constitute a quorum for the
purposes of conducting business; and
(ii) 3 or more shall constitute a meeting
of the Board.
(C) Transparency of information.--
(i) Congress.--All the proceedings,
information, and deliberations of the Board
shall be open, on request, to the Chairperson
and the ranking minority party member, and the
respective subcommittee Chairperson and ranking
minority party member, of--
(I) the Committee on Homeland
Security and Governmental Affairs of
the Senate;
(II) the Committee on Oversight and
Government Reform of the House of
Representatives;
(III) the Committee on Environment
and Public Works of the Senate;
(IV) the Committee on
Transportation and Infrastructure of
the House of Representatives;
(V) the Committee on Appropriations
of the Senate; and
(VI) the Committee on
Appropriations of the House of
Representatives.
(ii) Government accountability office.--All
proceedings, information, and deliberations of
the Board shall be open, on request, to the
Comptroller General of the United States.
(5) Compensation and travel expenses.--
(A) Compensation.--
(i) Rate of pay for members.--Each member
of the Board, other than the Chairperson, 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 5315 of title 5, United States Code,
for each day (including travel time) during
which the member is engaged in the actual
performance of duties vested in the Board.
(ii) Rate of pay for chairperson.--The
Chairperson of the Board shall be paid for each
day referred to in clause (i) 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 5314, of title
5, United States Code.
(B) Travel.--A member of the Board shall receive
travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703
of title 5, United States Code.
(6) Executive director.--
(A) Appointment.--The Board--
(i) shall appoint an Executive Director;
and
(ii) shall not be required to comply with
the provisions of title 5, United States Code,
governing appointments in the competitive
service.
(B) 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
5315 of title 5, United States Code.
(7) Staff.--
(A) Additional personnel.--Subject to subparagraph
(B), the Executive Director may request additional
personnel detailed from Federal agencies.
(B) Detail employees from other agencies.--On
request of the Chairperson and after approval of the
Director, 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
Board.
(C) Qualifications.--Appointments shall be made
with consideration of a balance of expertise consistent
with the qualifications of representatives described in
paragraph (3)(E).
(8) Contracting authority.--
(A) Experts and consultants.--The Board, to the
maximum extent practicable and subject to the
availability of appropriations, shall use existing
contracts, including nonappropriated contracts, entered
into by the Administrator for services necessary to
carry out the duties of the Board.
(B) Office space.--The Administrator, in
consultation with the Board, shall identify and
provide, without charge, suitable office space within
the Federal property inventory to house the operations
of the Board.
(C) 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 Board.
(9) Termination of board.--The Board and the authority of
the Board shall terminate on the date that is 6 years after the
date of enactment of this Act.
(b) Development of Recommendations to the Board.--
(1) Submissions of agency information and
recommendations.--Not later than 120 days after the date of
enactment of this Act and not later than 120 days after the
beginning of each fiscal year thereafter, the head of each
Federal agency shall submit to the Administrator and the
Director a report that includes--
(A) current data of all Federal civilian real
properties owned, leased, or controlled by the
respective agency (including all relevant information
prescribed by the Administrator and the Director),
including data relating to--
(i) the age and condition of the property;
(ii) operating costs;
(iii) the history of capital expenditures;
(iv) sustainability metrics;
(v) the number of Federal employees and
functions housed in the respective property;
and
(vi) the square footage (including gross,
rentable, and usable) of each property; and
(B) recommendations as to--
(i) any Federal civilian properties that
can be sold for proceeds and otherwise disposed
of, reported as excess, declared surplus, or
outleased or are otherwise no longer meeting
the needs of the agency, excluding leasebacks
or other exchange agreements where the property
continues to be used by the agency;
(ii) any Federal civilian properties that
can be transferred, exchanged, consolidated,
colocated, reconfigured, or redeveloped--
(I) to reduce the civilian real
property inventory;
(II) to reduce the operating costs
of the Federal Government; and
(III) to create the highest value
and return for the taxpayer; and
(iii) operational efficiencies that may be
realized by the Federal Government in the
operation and maintenance of Federal civilian
real properties.
(2) Standards and criteria.--Not later than 60 days after
each date specified in paragraph (1), the Director, in
consultation with the Administrator, shall--
(A) review agency recommendations submitted
pursuant to paragraph (1);
(B) develop consistent standards and criteria
against which agency recommendations will be reviewed,
which shall be developed taking into consideration--
(i) the extent to which a Federal building
or facility could be sold (including property
that is no longer meeting the needs of the
Federal Government), redeveloped, outleased, or
otherwise used to produce the highest and best
value and return for the taxpayer;
(ii) the extent to which the operating and
maintenance costs are reduced through
consolidating, co-locating, and reconfiguring
space, and through realizing other operational
efficiencies;
(iii) the extent to which the utilization
rate is being maximized and is consistent with
nongovernmental industry standards for the
given function or operation;
(iv) the extent and timing of potential
costs and savings, including the number of
years, beginning with the date of completion of
the proposed recommendation;
(v) the extent to which reliance on leasing
for long-term space needs is reduced;
(vi) the extent to which a Federal building
or facility aligns with the current mission of
the applicable Federal agency;
(vii) the extent to which there are
opportunities to consolidate similar operations
across multiple agencies or within agencies;
(viii) the economic impact on communities
in the vicinity of the Federal building or
facility; and
(ix) the extent to which energy consumption
is reduced; and
(C) develop recommendations for the Board based on
the standards and criteria developed under subparagraph
(B).
(3) Special rule for utilization rates.--
(A) In general.--Standards developed by the
Director under paragraph (2)(B) shall incorporate and
apply clear standard utilization rates consistent
throughout each category of space and with
nongovernment space utilization rates.
(B) Utilization rate.--To the extent the space
utilization rate of a given agency exceeds the
utilization rates to be applied under this subsection,
the Director may recommend realignment, colocation,
consolidation, or other type of action to improve space
utilization.
(4) Submission to the board.--
(A) In general.--The standards, criteria, and
recommendations developed pursuant to paragraph (2)(B)
shall be submitted to the Board with all supporting
information, data, analyses, and documentation.
(B) Publication.--The standards, criteria, and
recommendations developed pursuant to paragraph (2)(B)
shall be--
(i) published in the Federal Register; and
(ii) submitted to--
(I) the committees described in
subsection (a)(4)(C)(i); and
(II) the Comptroller General of the
United States.
(C) Access to information.--
(i) In general.--The Board shall have
access to all information pertaining to the
recommendations, including supporting
information, data, analyses, and documentation
submitted pursuant to paragraph (1).
(ii) Information from federal agencies.--On
request, a Federal agency shall provide to the
Board any additional information pertaining to
the civilian real property of the agency.
(c) Duties of Board.--
(1) Identification of property reduction opportunities.--
The Board shall identify opportunities for the Federal
Government--
(A) to significantly reduce the inventory of
civilian real property held by the Federal Government;
and
(B) to reduce costs to the Federal Government.
(2) Identification of high value assets.--
(A) Identification of certain properties.--Not
later than 180 days after the date on which the last
Board member has been appointed pursuant to subsection
(a)(3), the Board shall--
(i) identify not less than 5 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 $500,000,000; and
(ii) submit to the Director and to Congress
a list of the properties identified pursuant to
clause (i), which shall be--
(I) treated as a recommendation
under subsection (b); and
(II) subject to the approval
process described in subsection (d).
(B) Information and data.--
(i) In general.--To assist the Board in
carrying out subparagraph (A), a Federal agency
shall provide to the Board, on request, any
information and data regarding the properties
of the Federal agency.
(ii) Failure to comply.--The Board shall
notify the committees described in subsection
(a)(4)(C)(i) of any failure by any agency to
comply with a request of the Board.
(C) Leaseback restrictions.--The Federal Government
may not lease back any of the existing improvements on
properties sold under this paragraph.
(D) Report of excess.--Not later than 60 days after
the date on which the recommendations of the Board
pursuant to subparagraph (A) have been approved, each
Federal agency with custody, control, or administrative
jurisdiction over the identified properties shall
submit to the Administrator a report of excess.
(E) Sale.--Notwithstanding any other provision of
law (except as provided in subsection (e)(7)), the
Administrator shall--
(i) not later than 120 days after the date
on which the Administrator receives the report
of excess under subparagraph (D), initiate the
sale of the properties identified pursuant to
subparagraph (A)(i); and
(ii) not later than 1 year after the date
on which the Administrator receives the report
of excess under subparagraph (D), sell the
properties referred to in clause (i) at fair
market value at highest and best use.
(3) Analysis of inventory.--The Board--
(A) shall perform an independent analysis of the
inventory of Federal civilian real property and the
recommendations submitted pursuant to subsection (b);
(B) shall not be bound or limited by the
recommendations submitted pursuant to subsection (b);
and
(C) in any case in which the Board determines that
a Federal agency has failed to provide necessary
information, data, or adequate recommendations that
meet the standards and criteria developed under
subsection (b)(2), 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 information.
(4) Receipt of information and proposals.--Notwithstanding
any other provision of law, the Board--
(A) may receive and consider proposals,
information, and other data submitted by State and
local officials and the private sector; and
(B) shall make any information received under
subparagraph (A) publicly available.
(5) Accounting system.--The Board shall--
(A) not later than 120 days after the date of
enactment of this Act, 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
subtitle;
(B) use the accounting system referred to in
subparagraph (A) to assist in--
(i) developing the recommendations of the
Board; and
(ii) determining the highest return to the
taxpayer; and
(C) establish a standard performance period for use
in carrying out subparagraphs (A) and (B).
(6) Public hearings.--
(A) In general.--The Board shall conduct public
hearings.
(B) Testimony.--All testimony before the Board at a
public hearing under this paragraph shall be presented
under oath.
(7) Reporting of information and recommendations.--
(A) In general.--Not later than 120 days after the
date of receipt of recommendations pursuant to
subsection (b), and annually thereafter, the Board
shall submit to the Director, and publicly post on a
Federal website maintained by the Board, a report that
includes the findings, conclusions, and recommendations
of the Board for the consolidation, exchange,
colocation, reconfiguration, lease reduction, sale,
outlease, or redevelopment of Federal civilian real
properties, and for other operational efficiencies that
can be realized in the operation and maintenance of
those properties.
(B) Consensus in majority.--The Board--
(i) shall seek to develop consensus
recommendations; but
(ii) if a consensus cannot be obtained, may
include in the report under subparagraph (A)
recommendations that are supported by a
majority of the Board.
(8) Federal website.--The Board shall establish and
maintain a Federal website for the purposes of making relevant
information publicly available.
(9) Review by gao.--The Comptroller General of the United
States shall submit to Congress and to the Board a report that
includes--
(A) a detailed analysis of the recommendations
provided by the Board under paragraph (7); and
(B) a description of the selection process used to
develop the recommendations.
(d) Review by the Office of Management and Budget.--
(1) Review of recommendations.--On receipt of the
recommendations of the Board under subsection (c)(7), the
Director shall conduct a review of the recommendations.
(2) Report to board and congress.--
(A) In general.--Not later than 30 days after the
date of receipt of the recommendations of the Board
under subsection (c)(7), the Director shall submit to
the Board and to Congress a report that describes the
approval or disapproval of the recommendations.
(B) Testimony by board.--On request of any of the
Committee on Environment and Public Works of the
Senate, the Committee on Transportation and
Infrastructure of the House of Representatives, the
Committee on Homeland Security and Governmental Affairs
of the Senate, or the Committee on Oversight and
Government Reform of the House of Representatives and
before the Director submits the report under
subparagraph (A), the Board shall appear and testify
before the requesting committee.
(3) Approval or disapproval.--If the Director--
(A) approves the recommendations of the Board, the
Director shall submit to Congress a copy of the
recommendations and a certification of the approval;
(B) disapproves of the recommendations of the
Board, in whole or in part--
(i) the Director shall submit to the Board
and to Congress the reasons for the
disapproval; and
(ii) not later than 30 days after the date
of disapproval, the Board shall submit to the
Director a revised list of recommendations;
(C) approves the revised recommendations of the
Board submitted under subparagraph (B)(ii), the
Director shall submit to Congress a copy of the revised
recommendations and a certification of the approval;
and
(D) does not submit to Congress an approval and
certification in accordance with subparagraph (A) or
(C) by the date that is 30 days after the date of
receipt of the recommendations or revised
recommendations of the Board, the review process under
this subsection shall terminate until the following
year.
(e) Implementation of Board Recommendations.--
(1) Carrying out recommendations.--
(A) In general.--A Federal agency shall--
(i) not later than 60 days after the date
on which the Board submits recommendations to
the Director and to Congress under subparagraph
(A) or (C) of subsection (d)(3), begin
preparation to carry out the recommendations of
the Board;
(ii) initiate all activities not later than
2 years after the date on which the Director
submits the recommendations of the Board to
Congress; and
(iii) not later than the end of the 6-year
period beginning on the date on which the
Director submits to Congress the
recommendations of the Board, complete the
implementation of all recommended actions.
(B) Actions.--Each recommended action taken by a
Federal agency under subparagraph (A) shall be
economically beneficial and cost-neutral or otherwise
favorable to the Federal Government.
(C) Extenuating circumstances.--In the case of a
recommended action that will take longer than the 6-
year period described in subparagraph (A)(iii) due to
extenuating circumstances, 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 action.
(2) Actions of federal agencies.--Pursuant to paragraph
(3), in taking an action related to any Federal building or
facility under this subtitle, a Federal agency may take all
such necessary and proper actions, including--
(A) acquiring land, constructing replacement
facilities, performing such other activities, and
conducting such advance planning and design as may be
required to transfer functions from a Federal asset or
property to another Federal civilian property;
(B) reimbursing other Federal agencies for actions
performed at the request of the Board; and
(C) 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 property.
(3) Necessary and proper actions.--
(A) In general.--Except as provided in subparagraph
(B), in acting on a recommendation of the Board, a
Federal agency shall--
(i) act within any authority delegated to
the agency; and
(ii) if the agency has not been delegated
the authority to act on the recommendation,
work in partnership with the Administrator to
carry out the recommendation.
(B) Actions of administrator.--The Administrator
may take such necessary and proper actions, including
the sale, conveyance, or exchange of civilian real
property, as are required to implement the
recommendations of the Board in the time period
described in paragraph (1)(A)(iii).
(C) 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 recommendations.
(4) Discretion of administrator regarding transactions.--
For any transaction identified, recommended, or commenced as a
result of this subtitle, any otherwise required legal priority
given to, or requirement to enter into, a transaction to convey
a Federal civilian real property for less than fair market
value, for no consideration at all, or in a transaction that
mandates the exclusion of other market participants, shall be
at the discretion of the Administrator.
(5) Disposal of real properties.--Any recommendation or
commencement of a sale, disposal, consolidation,
reconfiguration, colocation, or realignment of civilian real
property shall not be subject to--
(A) the first section through section 3 of the Act
of May 19, 1948 (16 U.S.C. 667b et seq.);
(B) sections 107 and 317 of title 23, United States
Code;
(C) section 545(b)(8) of title 40, United States
Code;
(D) sections 550, 553, and 554 of title 40, United
States Code;
(E) section 1304(b) of title 40, United States
Code;
(F) section 47151 of title 49, United States Code;
(G) section 13(d) of the Surplus Property Act of
1944 (50 U.S.C. App. 1622(d));
(H) any other provision of law authorizing the
conveyance of real property owned by the Federal
Government for no consideration; and
(I) any congressional notification requirement
(other than that under section 545 of title 40, United
States Code).
(6) Public benefit.--
(A) In general.--On the date on which the Director
submits to Congress the recommendations of the Board
under subparagraph (A) or (C) of subsection (d)(3)
(except those buildings recommended under subsection
(c)(2)), the Director shall submit to the Secretary of
Housing and Urban Development all known information on
the buildings or properties included in the
recommendations.
(B) Action by secretary.--Not later than 30 days
after the Secretary of Housing and Urban Development
receives the information described in subparagraph (A),
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 501 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11411).
(7) Environmental considerations.--
(A) Transfer of real property.--
(i) In general.--In implementing the
recommendations of the Board under subsection
(c)(7), and subject to subparagraph (B) a
Federal agency may enter into an agreement with
any person to transfer real property by deed
pursuant to section 120(h)(3) of the
Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42
U.S.C. 9620(h)(3)).
(ii) Additional terms.--
(I) 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 (i) as the head of the agency
considers appropriate to protect the
interests of the United States.
(II) No effect on rights or
obligations.--Additional terms and
conditions described in subclause (I)
shall not affect or diminish any rights
or obligations of a Federal agency
under section 120 of the Comprehensive
Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C.
9620).
(B) Cost certification.--The head of a Federal
agency shall not transfer real property or facilities
under subparagraph (A) unless the head of the agency
certifies to the Board and Congress that--
(i) the costs of all environmental
restoration, waste management, 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 transferred, as determined by the head of
the agency; or
(ii) if the costs described in clause (i)
are less than the fair market value of the
property or facilities, the recipient of the
property or facilities has agreed to pay the
difference between the fair market value and
those costs.
(C) Payment to recipient of real property.--In the
case of a property covered by a certification under
subparagraph (B)(i), the Federal agency disposing of
the property may pay the recipient of the property or
facilities an amount equal to the lesser of--
(i) the amount by which the costs incurred
by the recipient of the property or facilities
for all environmental restoration, waste
management, 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
certification; and
(ii) the amount by which the costs (as
determined by the head of the Federal agency
disposing of the property) that would otherwise
have been incurred by the Secretary of Housing
and Urban Development for the restoration,
waste management, 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
certification.
(D) Disclosure to recipient.--As part of an
agreement under subparagraph (A), the head of the
Federal agency disposing of the property shall, in
accordance with applicable law and before entering into
an agreement, disclose to the person to whom the
property or facilities will be transferred information
possessed by the agency regarding the environmental
restoration, waste management, and environmental
compliance activities described in this paragraph that
relate to the property or facilities.
(E) Time extensions.--For the purposes of granting
time extensions under paragraph (1), 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 2-year
extension to implement a Board recommendation.
(F) Savings provision.--Nothing in this subtitle
modifies, alters, or amends--
(i) the Comprehensive Environmental
Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.);
(ii) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.); or
(iii) the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.).
(f) Funding.--
(1) Establishment of salaries and expenses account.--
(A) 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'' account.
(B) Necessary payments.--There shall be deposited
into the account established by subparagraph (B) such
amounts as are provided in appropriations Acts for
those necessary payments for salaries and expenses to
accomplish the administrative needs of the Board.
(2) Establishment of asset proceeds and space management
fund.--
(A) In general.--There is established within the
Federal Buildings Fund established by section 592 of
title 40, United States Code, an account to be known as
the ``Federal Real Property Reform Board --Asset
Proceeds and Space Management Fund'', which shall be
used solely for the purposes of carrying out actions
under subsection (e), pursuant to the recommendations
of the Board approved under subsection (d).
(B) Amounts deposited into fund.--Notwithstanding
section 3307 of title 40, United States Code, the fund
established by paragraph (1) shall consist of--
(i) such amounts as are provided in
appropriations Acts, to remain available until
expended, for the consolidation, colocation,
exchange, redevelopment, reconfiguration of
space, disposal, and other actions recommended
by the Board for Federal agencies; and
(ii) amounts received from the sale of any
civilian real property action taken pursuant to
a recommendation of the Board.
(C) Use of funds.--
(i) In general.--The amounts deposited in
the fund under subparagraph (B) shall be made
available for obligation or expenditure only as
provided in advance in appropriation Acts for
the purposes described in clauses (i) and (ii)
of subparagraph (B).
(ii) Use of proceeds.--As provided in
appropriations Acts, proceeds under
subparagraph (B)(ii) may be made available to
cover necessary costs associated with
implementing the recommendations pursuant to
subsection (e), including costs associated
with--
(I) sales transactions;
(II) acquiring land, construction,
constructing replacement facilities,
conducting advance planning and design
as may be required to transfer
functions from a Federal asset or
property to another Federal civilian
property;
(III) colocation, redevelopment,
disposal, and reconfiguration of space;
and
(IV) other actions recommended by
the Board for Federal agencies.
(3) Additional requirement.--
(A) In general.--Not less frequently than annually,
the President shall submit to Congress a report that
includes--
(i) an estimate of proceeds from
implementing the recommendations of the Board;
and
(ii) the obligations and expenditures
needed to support those recommendations.
(B) Submission.--The report under subparagraph (A)
may be submitted along with another annual submission
to Congress, including the budget submitted by the
President under section 1105 of title 31, United States
Code.
(g) Congressional Approval of Proposed Projects.--Section 3307(b)
of title 40, United States Code, is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) a description of how the proposed project is
consistent with criteria established in section 1102(b)(2) of
the Bolster Accountability to Drive Government Efficiency and
Reform Washington Act of 2016.''.
(h) Preclusion of Judicial Review.--The following actions shall not
be subject to judicial review:
(1) An action taken pursuant to subsection (c) or
subsection (d).
(2) An action taken by the Board.
(i) Implementation Review by GAO.--On transmittal of the
recommendations of the Board from the Director to Congress under
subsection (d), and not less frequently than annually thereafter, the
Comptroller General of the United States shall--
(1) monitor and review the implementation activities of
Federal agencies pursuant to subsection (e); and
(2) report to Congress any findings and recommendations for
improvement of those activities.
(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section--
(1) $2,000,000 for salaries and expenses of the Board; and
(2) $40,000,000 to be deposited into the Federal Real
Property Reform Board--Asset Proceeds and Space Management Fund
established by subsection (f)(2) for activities related to the
implementation of recommendations of the Board.
SEC. 1103. PROPERTY MANAGEMENT.
(a) In General.--Chapter 5 of subtitle I of title 40, United States
Code, is amended by adding at the end the following:
``Subchapter VII--Property Management
``Sec. 621. Definitions
``In this subchapter:
``(1) Administrator.--The term `Administrator' means the
Administrator of General Services.
``(2) Council.--The term `Council' means the Federal
Property Council established by section 622(a).
``(3) Director.--The term `Director' means the Director of
the Office of Management and Budget.
``(4) Federal agency.--The term `Federal agency' means--
``(A) an executive department or independent
establishment in the executive branch of the
Government; or
``(B) a wholly owned Government corporation (other
than the United States Postal Service).
``(5) Field office.--The term `field office' means any
office of a Federal agency that is not the headquarters office
location for the Federal agency.
``(6) Postal property.--The term `postal property' means
any property owned or leased by the United States Postal
Service.
``(7) Public-private partnership.--The term `public-private
partnership' means any partnership or working relationship
between a Federal agency and a corporation, individual, or
nonprofit organization for the purpose of financing,
constructing, operating, managing, or maintaining 1 or more
Federal real property assets.
``(8) Underutilized property.--The term `underutilized
property' means a portion or the entirety of any real property,
including any improvements, that is used--
``(A) irregularly or intermittently by the
accountable Federal agency for program purposes of the
Federal agency; or
``(B) for program purposes that can be satisfied
only with a portion of the property.
``Sec. 622. Establishment of Federal Property Council
``(a) Establishment.--There is established a Federal Property
Council.
``(b) Purpose.--The purpose of the Council shall be--
``(1) to develop guidance and ensure implementation of an
efficient and effective property management strategy;
``(2) to identify opportunities for the Federal Government
to better manage property and assets of the Federal Government;
and
``(3) to reduce the costs of managing property of the
Federal Government, including operations, maintenance, and
security associated with Federal property.
``(c) Composition.--
``(1) In general.--The Council shall be composed
exclusively of--
``(A) the senior real property officers of each
Federal agency and the Postal Service;
``(B) the Deputy Director for Management of the
Office of Management and Budget;
``(C) the Controller of the Office of Management
and Budget;
``(D) the Administrator; and
``(E) any other full-time or permanent part-time
Federal officials or employees, as the Chairperson
determines to be necessary.
``(2) Chairperson.--The Deputy Director for Management of
the Office of Management and Budget shall serve as Chairperson
of the Council.
``(3) Executive director.--
``(A) In general.--The Chairperson shall designate
an Executive Director to assist in carrying out the
duties of the Council.
``(B) Qualifications; full-time.--The Executive
Director shall--
``(i) be appointed from among individuals
who have substantial experience in the areas of
commercial real estate and development, real
property management, and Federal operations and
management;
``(ii) serve full time; and
``(iii) hold no outside employment that may
conflict with duties inherent to the position.
``(d) Meetings.--
``(1) In general.--The Council shall meet subject to the
call of the Chairperson.
``(2) Minimum.--The Council shall meet not fewer than 4
times each year.
``(e) Duties.--The Council, in consultation with the Director and
the Administrator, shall--
``(1) not later than 1 year after the date of enactment of
this subchapter, establish a property management plan template,
to be updated annually, which shall include performance
measures, specific milestones, measurable savings, strategies,
and Government-wide goals based on the goals established under
section 524(a)(7) to reduce surplus property, to achieve better
utilization of underutilized property, or to enhance management
of high value personal property, and evaluation criteria to
determine the effectiveness of property management that are
designed--
``(A) to enable Congress and heads of Federal
agencies to track progress in the achievement of
property management objectives on a Government-wide
basis;
``(B) to improve the management of real property;
and
``(C) to allow for comparison of the performance of
Federal agencies against industry and other public
sector agencies in terms of performance;
``(2) develop utilization rates consistent throughout each
category of space, considering the diverse nature of the
Federal portfolio and consistent with nongovernmental space use
rates;
``(3) develop a strategy to reduce the reliance of Federal
agencies on leased space for long-term needs if ownership would
be less costly;
``(4) provide guidance on eliminating inefficiencies in the
Federal leasing process;
``(5) compile a list of field offices that are suitable for
collocation with other property assets;
``(6) 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 property;
``(7) not later than 1 year after the date of enactment of
this subchapter--
``(A) examine the disposal of surplus property
through the State Agencies for Surplus Property
program; and
``(B) issue a report that includes recommendations
on how the program could be improved to ensure
accountability and increase efficiencies in the
property disposal process; and
``(8) not later than 1 year after the date of enactment of
this subchapter and annually during the 4-year period beginning
on the date that is 1 year after the date of enactment of this
subchapter and ending on the date that is 5 years after the
date of enactment of this subchapter, the Council shall submit
to the Director a report that contains--
``(A) a list of the remaining excess property or
surplus property that is real property, and
underutilized properties of each Federal agency;
``(B) the progress of the Council toward developing
guidance for Federal agencies to ensure that the
assessment required under section 524(a)(11)(B) is
carried out in a uniform manner;
``(C) the progress of Federal agencies toward
achieving the goals established under section
524(a)(7); and
``(D) if necessary, recommendations for legislation
or statutory reforms that would further the goals of
the Council, including streamlining the disposal of
excess real or personal property or underutilized
property.
``(f) Consultation.--In carrying out the duties described in
subsection (e), the Council shall also consult with representatives
of--
``(1) State, local, tribal authorities, and affected
communities; and
``(2) appropriate private sector entities and
nongovernmental organizations that have expertise in areas of--
``(A) commercial real estate and development;
``(B) government management and operations;
``(C) space planning;
``(D) community development, including
transportation and planning;
``(E) historic preservation;
``(F) providing housing to the homeless population;
and
``(G) personal property management.
``(g) Council Resources.--The Director and the Administrator shall
provide staffing, and administrative support for the Council, as
appropriate.
``(h) Access to Information.--The Council shall make available, on
request, all information generated by the Council in performing the
duties of the Council to--
``(1) the Committee on Homeland Security and Governmental
Affairs of the Senate;
``(2) the Committee on Environment and Public Works of the
Senate;
``(3) the Committee on Oversight and Government Reform of
the House of Representatives;
``(4) the Committee on Transportation and Infrastructure of
the House of Representatives; and
``(5) the Comptroller General of the United States.
``(i) Exclusions.--In this section, surplus property shall not
include--
``(1) any military installation (as defined in section 2910
of the Defense Base Closure and Realignment Act of 1990 (10
U.S.C. 2687 note; Public Law 101-510));
``(2) any property that is excepted from the definition of
the term `property' under section 102;
``(3) Indian and native Eskimo property held in trust by
the Federal Government as described in section
3301(a)(5)(C)(iii);
``(4) real property operated and maintained by the
Tennessee Valley Authority pursuant to the Tennessee Valley
Authority Act of 1933 (16 U.S.C. 831 et seq.);
``(5) any real property the Director excludes for reasons
of national security;
``(6) any public lands (as defined in section 203 of the
Public Lands Corps Act of 1993 (16 U.S.C. 1722)) administered
by--
``(A) the Secretary of the Interior, acting
through--
``(i) the Director of the Bureau of Land
Management;
``(ii) the Director of the National Park
Service;
``(iii) the Commissioner of Reclamation; or
``(iv) the Director of the United States
Fish and Wildlife Service; or
``(B) the Secretary of Agriculture, acting through
the Chief of the Forest Service; or
``(7) any property operated and maintained by the United
States Postal Service.
``Sec. 623. Inventory and database
``(a) In General.--Not later than 1 year after the date of
enactment of this subchapter, the Administrator shall establish and
maintain a single, comprehensive, and descriptive database of all real
property under the custody and control of all Federal agencies.
``(b) Contents.--The database shall include--
``(1) information provided to the Administrator under
section 524(a)(11)(B); and
``(2) a list of property disposals completed, including--
``(A) the date and disposal method used for each
property;
``(B) the proceeds obtained from the disposal of
each property;
``(C) the amount of time required to dispose of the
property, including the date on which the property is
designated as excess property;
``(D) the date on which the property is designated
as surplus property and the date on which the property
is disposed; and
``(E) all costs associated with the disposal.
``(c) Accessibility.--
``(1) Committees.--The database established under
subsection (a) 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
Representatives.
``(2) General public.--Not later than 3 years after the
date of enactment of this subchapter and to the extent
consistent with national security, the Administrator shall make
the database established under subsection (a) accessible to the
public at no cost through the website of the General Services
Administration.
``(d) Exclusions.--In this section, surplus property shall not
include--
``(1) any military installation (as defined in section 2910
of the Defense Base Closure and Realignment Act of 1990 (10
U.S.C. 2687 note; Public Law 101-510));
``(2) any property that is excepted from the definition of
the term `property' under section 102;
``(3) Indian and native Eskimo property held in trust by
the Federal Government as described in section
3301(a)(5)(C)(iii);
``(4) real property operated and maintained by the
Tennessee Valley Authority pursuant to the Tennessee Valley
Authority Act of 1933 (16 U.S.C. 831 et seq.);
``(5) any real property the Director excludes for reasons
of national security;
``(6) any public lands (as defined in section 203 of the
Public Lands Corps Act of 1993 (16 U.S.C. 1722)) administered
by--
``(A) the Secretary of the Interior, acting
through--
``(i) the Director of the Bureau of Land
Management;
``(ii) the Director of the National Park
Service;
``(iii) the Commissioner of Reclamation; or
``(iv) the Director of the United States
Fish and Wildlife Service; or
``(B) the Secretary of Agriculture, acting through
the Chief of the Forest Service; or
``(7) any property operated and maintained by the United
States Postal Service.''.
(b) Technical and Conforming Amendments.--
(1) Table of sections.--The table of sections for chapter 5
of subtitle I of title 40, United States Code, is amended by
inserting after the item relating to section 611 the following:
``subchapter vii--property management
``Sec. 621. Definitions.
``Sec. 622. Establishment of a Federal Property Council.
``Sec. 623. Inventory and database.''.
(2) Technical amendment.--Section 102 of title 40, United
States Code, is amended in the matter preceding paragraph (1)
by striking ``The'' and inserting ``Except as provided in
subchapter VII of chapter 5 of this title, the''.
SEC. 1104. AGENCY RETENTION OF PROCEEDS.
Section 571 of title 40, United States Code, is amended to read as
follows:
``Sec. 571. General rules for deposit and use of proceeds
``(a) Proceeds From Transfer or Sale of Real Property.--
``(1) Deposit of net proceeds.--Net proceeds described in
subsection (d) 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 excess.
``(2) Expenditure of net proceeds.--The net proceeds
deposited pursuant to paragraph (1) may only be expended as
authorized in annual appropriations Acts, for--
``(A) activities described in sections 543 and 545,
including paying costs incurred by the General Services
Administration for any disposal-related activity
authorized by this title; and
``(B) activities pursuant to implementation of the
Federal Buildings Personnel Training Act of 2010 (40
U.S.C. 581 note; Public Law 111-308).
``(3) Deficit reduction.--Any net proceeds described in
subsection (d) from the sale, lease, or other disposition of
surplus real property that are not expended under paragraph (2)
shall be used for deficit reduction.
``(b) Effect on Other Sections.--Nothing in this section is
intended to affect section 572(b), 573, or 574.
``(c) Disposal Agency for Reverted Property.--For the purposes of
this section, for any property that reverts to the United States under
sections 550 and 553, the General Services Administration, as the
disposal agency, shall be treated as the agency with custody and
accountability for the property at the time the property is determined
to be excess.
``(d) Net Proceeds.--The net proceeds described in this subsection
are proceeds under this chapter, less expenses of the transfer or
disposition as provided in section 572(a), from--
``(1) a transfer of excess real property to a Federal
agency for agency use; or
``(2) a sale, lease, or other disposition of surplus real
property.
``(e) Proceeds From Transfer or Sale of Personal Property.--
``(1) In general.--Except as otherwise provided in this
subchapter, proceeds described in paragraph (2) shall be
deposited in the Treasury as miscellaneous receipts.
``(2) Proceeds.--The proceeds described in this paragraph
are proceeds under this chapter from--
``(A) a transfer of excess personal property to a
Federal agency for agency use; or
``(B) a sale, lease, or other disposition of
surplus personal property.
``(3) Payment of expenses of sale before deposit.--
``(A) In general.--Subject to regulations under
this subtitle, 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
Treasury.
``(B) Application.--This paragraph applies whether
proceeds are deposited as miscellaneous receipts or to
the credit of an appropriation as authorized by law.''.
SEC. 1105. SURPLUS PROPERTY DONATIONS TO MUSEUMS.
Section 549(c)(3)(B) of title 40, United States Code, is amended by
striking clause (vii) and inserting the following:
``(vii) a museum open to the public on a
regularly scheduled weekly basis, and the hours
of operation are, at a minimum, during normal
business hours (as determined by the
Administrator);''.
SEC. 1106. DUTIES OF FEDERAL AGENCIES.
(a) In General.--Section 524(a) of title 40, United States Code, is
amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(6) 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 property;
``(7) establish goals and policies that will lead the
executive agency to reduce excess property and underutilized
property in the inventory of the executive agency;
``(8) 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
agency, including--
``(A) whether underutilized property can be better
utilized, including through collocation with other
executive agencies or consolidation with other
facilities; and
``(B) the extent to which the executive agency
believes that retention of the underutilized property
serves the needs of the executive agency;
``(9) adopt workplace practices, configurations, and
management techniques that can achieve increased levels of
productivity and decrease the need for real property assets;
``(10) assess leased space to identify space that is not
fully used or occupied;
``(11) on an annual basis and subject to the guidance of
the Federal Property Council--
``(A) conduct an inventory of real property under
control of the executive agency; and
``(B) make an assessment of each property, which
shall include--
``(i) the age and condition of the
property;
``(ii) the size of the property in square
footage and acreage;
``(iii) the geographical location of the
property, including an address and description;
``(iv) the extent to which the property is
being utilized;
``(v) the actual annual operating costs
associated with the property;
``(vi) the total cost of capital
expenditures incurred by the Federal Government
associated with the property;
``(vii) sustainability metrics associated
with the property;
``(viii) the number of Federal employees
and contractor employees and functions housed
at the property;
``(ix) the extent to which the mission of
the executive agency is dependent on the
property;
``(x) the estimated amount of capital
expenditures projected to maintain and operate
the property during the 5-year period beginning
on the date of enactment of this paragraph; and
``(xi) any additional information required
by the Administrator of General Services to
carry out section 622; and
``(12) provide to the Federal Property Council and the
Administrator of General Services the information described in
paragraph (11)(B) to be used for the establishment and
maintenance of the database described in section 623.''.
(b) Definition of Executive Agency.--Section 524 of title 40,
United States Code, is amended by adding at the end the following:
``(c) Definition of Executive Agency.--For the purpose of
paragraphs (6) through (12) of subsection (a), the term `executive
agency' shall have the meaning given the term `Federal agency' in
section 621.''.
SEC. 1107. STREAMLINING THE MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.
Section 501 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11411) is amended--
(1) in subsection (b)(2)(A), by amending clause (ii) to
read as follows:
``(ii) in the case of surplus property--
``(I) for use to assist the homeless either
in accordance with this section or as a public
health use in accordance with paragraphs (1)
and (4) of section 203(k) of the Federal
Property and Administrative Services Act of
1949 (40 U.S.C. 484(k) (1) and (4)); and
``(II) to provide permanent housing with or
without supportive services to assist the
homeless in accordance with this section.'';
(2) in subsection (c)(1)(A), in the matter preceding clause
(i), by striking ``in the Federal Register'' and inserting ``on
the website of the Department of Housing and Urban Development
or the General Services Administration'';
(3) in subsection (d)--
(A) in paragraph (1), by striking ``60 days'' and
inserting ``30 days'';
(B) by striking ``60-day period'' each place that
term appears and inserting ``30-day period''; and
(C) in paragraph (3), by adding at the end the
following: ``If the representative of the homeless does
not request a review of the determination of
unsuitability during the 20-day period described in
this paragraph, the property shall not be included in
any subsequent publication under subsection
(c)(1)(A)(ii) unless the landholding agency makes
changes to the property, including improvements, that
may change the unsuitable determination and the
Secretary subsequently determines the property is
suitable.'';
(4) in subsection (e)--
(A) in paragraph (2)--
(i) by striking ``90 days'' and inserting
``75 days'';
(ii) by striking ``a complete application''
and inserting ``an initial application''; and
(iii) by adding at the end the following:
``An initial application shall set forth (A)
the services that will be offered, (B) the need
for the services, and (C) the experience that
the applicant has that demonstrates the ability
to provide the services.'';
(B) in paragraph (3)--
(i) by striking ``25 days after receipt of
a completed application'' and inserting ``10
days after the date on which the Secretary of
Health and Human Services receives an initial
application under paragraph (2)''; and
(ii) by striking ``an application'' and
inserting ``an initial application''; and
(C) by adding at the end the following:
``(4) Not later than 45 days after the date on which the
Secretary of Health and Human Services approves an initial
application under paragraph (3), the applicant shall submit to
the Secretary of Health and Human Services a final application,
which shall set forth a reasonable plan to finance the approved
program.
``(5) Not later than 15 days after the date on which the
Secretary of Health and Human Services receives a final
application under paragraph (4), the Secretary of Health and
Human Services shall review, make a final determination, and
complete all actions on the final application. The Secretary of
Health and Human Services shall maintain a public record of all
actions taken in response to a final application.''; and
(5) in subsection (f)(1), by striking ``available by'' and
inserting ``available, at the discretion of the applicant,
by''.
Subtitle B--Taxpayers Right to Know
SEC. 1201. SHORT TITLE.
This subtitle may be cited as the ``Taxpayers Right-To-Know Act''.
SEC. 1202. INVENTORY OF GOVERNMENT PROGRAMS.
(a) In General.--Section 1122(a) of title 31, United States Code,
is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively;
(2) by inserting before paragraph (2), as so redesignated,
the following:
``(1) Definition of program.--For purposes of this
subsection, the term `program' means an organized set of
activities by 1 or more agencies directed toward a common
purpose or goal.'';
(3) in paragraph (2), as so redesignated--
(A) by striking ``In general.--Not later than
October 1, 2012, the Office of Management and Budget
shall'' and inserting ``Website and program
inventory.--The Director of the Office of Management
and Budget shall'';
(B) by striking subparagraph (C) and inserting the
following:
``(C) include on the website--
``(i) a program inventory that shall
identify each program of the Federal Government
for which there is more than $1,000,000 in
annual budget authority, which shall include--
``(I) any activity that is commonly
referred to as a program by a Federal
agency in communications with Congress,
including any activity identified as a
program in a budget request;
``(II) any activity that is
commonly referred to as a program by a
Federal agency in communications with
the public, including each program for
which financial awards are made on a
competitive basis; and
``(III) any activity referenced in
law as a program after June 30, 2019;
and
``(ii) for each program identified in the
program inventory, the information required
under paragraph (3) or paragraph (4), as
applicable.'';
(4) in paragraph (3), as so redesignated--
(A) in the matter preceding subparagraph (A), by
striking ``Information.--Information for each program
described under paragraph (1)'' and inserting
``Information for larger programs.--Information for
each program identified in the program inventory
required under paragraph (2) for which there is more
than $10,000,000 in annual budget authority'';
(B) by striking subparagraph (C);
(C) by redesignating subparagraph (B) as
subparagraph (D);
(D) by striking subparagraph (A) and inserting the
following:
``(A) an identification of the program activities
that are aggregated, disaggregated, or consolidated as
part of identifying programs;
``(B) for each program activity described in
subparagraph (A), the amount of funding for the current
fiscal year and previous 2 fiscal years;
``(C) an estimate of the amount of funding for the
program;'';
(E) in subparagraph (D), as so redesignated, by
striking ``and'' at the end; and
(F) by adding at the end the following:
``(E) an identification of the statutes that
authorize the program and any major regulations
specific to the program;
``(F) for any program that provides grants or other
financial assistance to individuals or entities, for
the most recent fiscal year--
``(i) a description of the individuals
served by the program and beneficiaries who
received financial assistance under the
program, including an estimate of the number of
individuals and beneficiaries, to the extent
practicable;
``(ii) 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--
``(I) an explanation of why data
regarding the number of such
individuals and beneficiaries cannot be
provided; and
``(II) a discussion of the measures
that could be taken to gather the data
required to provide such an estimate;
and
``(iii) a description of--
``(I) the Federal employees who
administer the program, including the
number of full-time equivalents with a
pro rata estimate for full-time
equivalents associated with multiple
programs; and
``(II) other individuals whose
salary is paid in part or full by the
Federal Government through a grant,
contract, cooperative agreement, or
another form of financial award or
assistance who administer or assist in
any way in administering the program,
including the number of full-time
equivalents, to the extent practicable;
``(G) links to any evaluation, assessment, or
program performance reviews by the agency, an Inspector
General, or the Government Accountability Office
(including program performance reports required under
section 1116) released during the preceding 5 years;
and
``(H) to the extent practicable, financial and
other information for each program activity required to
be reported under the Federal Funding Accountability
and Transparency Act of 2006 (31 U.S.C. 6101 note).'';
and
(5) by adding at the end the following:
``(4) Information for smaller programs.--Information for
each program identified in the program inventory required under
paragraph (2) for which there is more than $1,000,000 and not
more than $10,000,000 in annual budget authority shall, at a
minimum, include--
``(A) an identification of the program activities
that are aggregated, disaggregated, or consolidated as
part of identifying programs;
``(B) for each program activity described in
subparagraph (A), the amount of funding for the current
fiscal year and previous 2 fiscal years;
``(C) an identification of the statutes that
authorize the program and any major regulations
specific to the program;
``(D) for any program that provides grants or other
financial assistance to individuals or entities, a
description of the individuals served by the program
and beneficiaries who received financial assistance
under the program for the most recent fiscal year; and
``(E) links to any evaluation, assessment, or
program performance reviews by the agency, an Inspector
General, or the Government Accountability Office
(including program performance reports required under
section 1116) released during the preceding 5 years.
``(5) Archiving.--After the end of each fiscal year, the
Director of the Office of Management and Budget shall archive
and preserve the information included in the program inventory
required under paragraph (2) relating to that fiscal year.''.
(b) Expired Grant Funding.--Not later than February 1 of each
fiscal year, 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 expired.
SEC. 1203. GUIDANCE AND IMPLEMENTATION.
(a) Guidance.--Not later than June 30, 2018, the Director of the
Office of Management and Budget--
(1) shall prescribe guidance to implement this subtitle,
and the amendments made by this subtitle;
(2) shall issue guidance to agencies to identify how the
program activities used for reporting under the Federal Funding
Accountability and Transparency Act of 2006 (31 U.S.C. 6101
note) are associated with programs identified in the program
inventory required under section 1122(a)(2)(C)(i) of title 31,
United States Code, as amended by section 1202;
(3) may issue guidance to agencies to ensure that the
programs identified in the program inventory required under
section 1122(a)(2)(C)(i) of title 31, United States Code, as
amended by section 1202, are presented at a similar level of
detail across agencies and are not duplicative or overlapping;
and
(4) may, based on an analysis of the costs of
implementation, and after submitting to Congress a notification
of the action by the Director--
(A) exempt from the requirements under section
1122(a) of title 31, United States Code, an agency
that--
(i) is not listed in section 901(b) of
title 31, United States Code; and
(ii) for the fiscal year during which the
exemption is made, has budget authority (as
defined in section 3 of the Congressional
Budget Act of 1974 (2 U.S.C. 622)) of not more
than $10,000,000; and
(B) extend the implementation deadline under
subsection (b) by not more than 1 year.
(b) Implementation.--This subtitle, and the amendments made by this
subtitle, shall be implemented not later than June 30, 2019.
Subtitle C--Stopping Improper Payments to Deceased People
SEC. 1301. SHORT TITLE.
This subtitle may be cited as the ``Stopping Improper Payments to
Deceased People Act''.
SEC. 1302. DISTRIBUTION OF DEATH INFORMATION FURNISHED TO OR MAINTAINED
BY THE SOCIAL SECURITY ADMINISTRATION.
(a) In General.--
(1) In general.--Section 205(r) of the Social Security Act
(42 U.S.C. 405(r)) is amended--
(A) in paragraph (2)--
(i) by striking ``may'' and inserting
``shall''; and
(ii) by inserting ``, and to ensure the
completeness, timeliness, and accuracy of,''
after ``transmitting'';
(B) by striking paragraphs (3), (4), and (5) and
inserting the following:
``(3)(A) The Commissioner of Social Security shall, to the extent
feasible, provide for the use of information regarding all deceased
individuals furnished to or maintained by the Commissioner under this
subsection in accordance with subparagraph (B), subject to such
safeguards as the Commissioner of Social Security determines are
necessary or appropriate to protect the information from unauthorized
use or disclosure, by any Federal or State agency providing federally
funded benefits or administering a Federal program for such benefits,
including the agency operating the Do Not Pay working system for
ensuring proper payment of those benefits, through a cooperative
arrangement with the agency (that includes the agency's Inspector
General) or with an agency's Inspector General, if--
``(i) under such arrangement the agency (including, if
applicable, the agency's Inspector General) provides
reimbursement to the Commissioner of Social Security for the
reasonable cost of carrying out such arrangement, including the
reasonable costs associated with the collection and maintenance
of information regarding deceased individuals furnished to the
Commissioner pursuant to paragraph (1), and
``(ii) such arrangement does not conflict with the duties
of the Commissioner of Social Security under paragraph (1).
``(B) The Commissioner of Social Security shall, to the extent
feasible, provide for the use of information regarding all deceased
individuals furnished to or maintained by the Commissioner under this
subsection, through a cooperative arrangement in order for a Federal
agency to carry out any of the following purposes, if the requirements
of clauses (i) and (ii) of subparagraph (A) are met:
``(i) Operating the Do Not Pay working system established
by section 5 of the Improper Payments Elimination and Recovery
Improvement Act of 2012. Under such arrangement, the agency
operating the working system may compare death information
disclosed by the Commissioner with personally identifiable
information reviewed through the working system, and may
redisclose such comparison of information, as appropriate, to
any Federal or State agency authorized to use the working
system.
``(ii) To ensure proper payments under a Federal program or
the proper payment of federally funded benefits, including for
purposes of payment certification, payment disbursement, and
the prevention, identification, or recoupment of improper
payments.
``(iii) To carry out tax administration or debt collection
duties of the agency.
``(iv) For use by any policing agency of the Federal
Government with the principle function of prevention,
detection, or investigation of crime or the apprehension of
alleged offenders.
``(4) 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
subsection, for any of the purposes specified in paragraph (3)(B), for
use by States in programs wholly funded by the States, or for use in
the administration of a benefit pension plan or retirement system for
employees of a State or a political subdivision thereof, if the
requirements of clauses (i) and (ii) of paragraph (3)(A) are met. For
purposes of this paragraph, the terms `retirement system' and
`political subdivision' have the meanings given such terms in section
218(b).
``(5) 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 subsection, subject to
such safeguards as the Commissioner of Social Security determines are
necessary or appropriate to protect the information from unauthorized
use or disclosure, for statistical purposes and research activities by
Federal and State agencies if the requirements of clauses (i) and (ii)
of paragraph (3)(A) are met. For purposes of this paragraph, the term
`statistical purposes' has the meaning given that term in section 502
of the Confidential Information Protection and Statistical Efficiency
Act of 2002.''; and
(C) in paragraph (8)(A)(i), by striking
``subparagraphs (A) and (B) of paragraph (3)'' and
inserting ``clauses (i) and (ii) of paragraph (3)(A)''.
(2) Repeal.--Effective on the date that is 5 years after
the date of enactment of this Act, the amendments made by this
subsection to paragraphs (3), (4), (5), and (8) of section
205(r) of the Social Security Act (42 U.S.C. 405(r)) are
repealed, and the provisions of section 205(r) of the Social
Security Act (42 U.S.C. 605(r)) so amended are restored and
revived as if such amendments had not been enacted.
(b) Amendment to Internal Revenue Code.--Section 6103(d)(4) of the
Internal Revenue Code of 1986 is amended--
(1) in subparagraphs (A) and (B), by striking ``Secretary
of Health and Human Services'' each place it appears and
inserting ``Commissioner of Social Security''; and
(2) in subparagraph (B)(ii), by striking ``such Secretary''
and all that follows through ``deceased individuals.'' and
inserting ``such Commissioner pursuant to such contract, except
that such contract may provide that such information is only to
be used by the Social Security Administration (or any other
Federal agency) for purposes authorized in the Social Security
Act or this title.''.
(c) Report to Congress on Alternative Sources of Death Data.--
(1) 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 sources,
including sources maintained by State agencies or associations
of State agencies, for use by Federal agencies and programs.
The review shall include analyses of--
(A) the accuracy and completeness of such data;
(B) interoperability of such data;
(C) the extent to which there is efficient
accessability of such data by Federal agencies;
(D) the cost to Federal agencies of accessing and
maintaining such data;
(E) the security of such data;
(F) the reliability of such data; and
(G) a comparison of the potential alternate sources
of death data to the death data distributed by the
Commissioner of Social Security.
(2) Report.--Not later than 4 years after the date of
enactment of this Act, 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 (1). 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 (a)(1) beyond the date on which such amendments are
to be repealed under subsection (a)(2).
SEC. 1303. IMPROVING THE USE OF DEATH DATA BY GOVERNMENT AGENCIES TO
CURB IMPROPER PAYMENTS.
Section 7 of the Improper Payments Elimination and Recovery
Improvement Act of 2012 (31 U.S.C. 3321 note) is amended by adding at
the end the following:
``(c) Guidance to Agencies Regarding Data Matching With Death
Databases.--
``(1) Guidance to agencies.--Not later than 6 months after
the date of enactment of this subsection, and in consultation
with the Council of Inspectors General on Integrity and
Efficiency and the heads of other relevant Federal, State, and
local agencies, and Indian tribes and tribal organizations, 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
beneficiaries, annuity recipients, or any purpose described in
section 205(r)(3)(B) of the Social Security Act (42 U.S.C.
405(r)(3)(B)) for which improved data matching with databases
relating to the death of an individual (in this subsection
referred to as `death databases') would be relevant and
necessary regarding implementation of this subsection to
provide such agencies or components access to the death
databases no later than 6 months after such date of enactment.
``(2) Plan to assist states and local agencies and indian
tribes and tribal organizations.--Not later than 1 year after
the date of enactment of this subsection, the Director of the
Office of Management and Budget shall develop a plan to assist
States and local agencies, and Indian tribes and tribal
organizations, in providing electronically to the Federal
Government records relating to the death of individuals, 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 electronically.
The plan may include recommendations for the authorization of
appropriations or other funding to carry out the plan.
``(d) Reports.--
``(1) Report to congress on improving data matching
regarding payments to deceased individuals.--Not later than 270
days after the date of enactment of this subsection, the
Director of the Office of Management and Budget, in
consultation with the heads of other relevant Federal agencies,
and in consultation with States and local agencies, Indian
tribes and tribal organizations, 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 benefits.
``(2) Annual report.--Not later than 1 year after the date
of enactment of this section, and for each of the 4 succeeding
years, the Director of the Office of Management and Budget
shall submit to Congress a report regarding the implementation
of subsection (c) and paragraph (1). The first report submitted
under this paragraph shall include the recommendations of the
Director required under subsection (c)(2).
``(e) Definitions.--In this section, the terms `Indian tribe' and
`tribal organization' have the meanings given those terms in section 4
of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b).''.
SEC. 1304. PLAN FOR ENSURING THE ACCURACY AND COMPLETENESS OF DEATH
DATA MAINTAINED AND DISTRIBUTED BY THE SOCIAL SECURITY
ADMINISTRATION.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Commissioner of Social Security shall submit to
Congress a plan, which shall include the elements described in
subsection (b), to improve the accuracy and completeness of the death
data (including data regarding individuals who are not eligible for or
receiving benefits under titles II or XVI of the Social Security Act)
maintained and distributed by the Social Security Administration.
(b) Content of Plan.--The plan required under subsection (a) shall
include the following elements:
(1) 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 Administration.
(2) Improved policies and procedures for identifying and
correcting erroneous records, including policies and procedures
for--
(A) identifying individuals listed as dead who are
actually alive;
(B) identifying individuals listed as alive who are
actually dead; and
(C) allowing individuals or survivors of deceased
individuals to notify the Social Security
Administration of potential errors.
(3) Improved policies and procedures to identify and
correct errors in the records of the Numerical Identification
System, and death data.
(4) 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 records.
(5) Recommendations for legislation.
SEC. 1305. REPORT ON INFORMATION SECURITY.
Not later than 90 days after the date of the enactment of this Act,
the Commissioner of Social Security shall submit a report to the
Committees on Ways and Means, Oversight and Government Reform, and
Homeland Security of the House of Representatives, and the Committees
on Finance and Homeland Security and Governmental Affairs of the Senate
that--
(1) identifies all information systems of the Social
Security Administration containing sensitive information; and
(2) describes the measures the Commissioner is taking to
secure and protect such information systems.
Subtitle D--Fraud Reduction and Data Analytics
SEC. 1401. SHORT TITLE.
This subtitle may be cited as the ``Fraud Reduction and Data
Analytics Act of 2016''.
SEC. 1402. DEFINITIONS.
In this subtitle--
(1) the term ``agency'' has the meaning given the term in
section 551 of title 5, United States Code; and
(2) the term ``improper payment'' has the meaning given the
term in section 2(g) of the Improper Payments Information Act
of 2002 (31 U.S.C. 3321 note).
SEC. 1403. ESTABLISHMENT OF FINANCIAL AND ADMINISTRATIVE CONTROLS
RELATING TO FRAUD AND IMPROPER PAYMENTS.
(a) Guidelines.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Director of the Office of Management
and Budget, in consultation with the Comptroller General of the
United States, 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 prevent, detect, and respond to fraud, including
improper payments.
(2) Contents.--The guidelines described in paragraph (1)
shall incorporate the leading practices identified in the
report published by the Government Accountability Office on
July 28, 2015, entitled ``Framework for Managing Fraud Risks in
Federal Programs''.
(3) Modification.--The Director of the Office of Management
and Budget, in consultation with the Comptroller General of the
United States, may periodically modify the guidelines described
in paragraph (1) as the Director and Comptroller General may
determine necessary.
(b) Requirements for Controls.--The financial and administrative
controls required to be established by agencies under subsection (a)
shall include--
(1) 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
risks;
(2) 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
controls; and
(3) using the results of monitoring, evaluation, audits,
and investigations to improve fraud prevention, detection, and
response.
(c) Reports.--
(1) In general.--Except as provided in paragraph (2), for
each of the first 3 fiscal years beginning after the date of
enactment of this Act, each agency shall submit to Congress, as
part of the annual financial report of the agency, a report on
the progress of the agency in--
(A) implementing--
(i) the financial and administrative
controls required to be established under
subsection (a);
(ii) the fraud risk principle in the
Standards for Internal Control in the Federal
Government; and
(iii) Office of Management and Budget
Circular A-123 with respect to the leading
practices for managing fraud risk;
(B) identifying risks and vulnerabilities to fraud,
including with respect to payroll, beneficiary
payments, grants, large contracts, and purchase and
travel cards; and
(C) establishing strategies, procedures, and other
steps to curb fraud.
(2) First report.--If the date of enactment of this Act is
less than 180 days before the date on which an agency is
required to submit the annual financial report of the agency,
the agency may submit the report required under paragraph (1)
as part of the following annual financial report of the agency.
SEC. 1404. WORKING GROUP.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Office of Management and Budget shall
establish a working group to improve--
(1) the sharing of financial and administrative controls
established under section 1403(a) and other best practices and
techniques for detecting, preventing, and responding to fraud,
including improper payments; and
(2) the sharing and development of data analytics
techniques.
(b) Composition.--The working group established under subsection
(a) shall be composed of--
(1) the Controller of the Office of Management and Budget,
who shall serve as Chairperson;
(2) the Chief Financial Officer of each agency; and
(3) any other party determined to be appropriate by the
Director of the Office of Management and Budget, which may
include the Chief Information Officer, the Chief Procurement
Officer, or the Chief Operating Officer of each agency.
(c) Consultation.--The working group established under subsection
(a) shall consult with Offices of Inspectors General and Federal and
non-Federal experts on fraud risk assessments, financial controls, and
other relevant matters.
(d) Meetings.--The working group established under subsection (a)
shall hold not fewer than 4 meetings per year.
(e) Plan.--Not later than 270 days after the date of enactment of
this Act, the working group established under subsection (a) shall
submit to Congress a plan for the establishment and use of a Federal
interagency library of data analytics and data sets, which can
incorporate or improve upon existing Federal resources and capacities,
for use by agencies and Offices of Inspectors General to facilitate the
detection, prevention, and recovery of fraud, including improper
payments.
Subtitle E--Duplication Reduction and Agency Coordination
SEC. 1501. SHORT TITLE.
This subtitle may be cited as the ``Getting Results through
Enhanced Accountability and Transparency Act of 2016''.
SEC. 1502. PURPOSE.
The purpose of this subtitle is to increase the efficiency and
effectiveness of the Federal Government in measuring and managing
unnecessary duplication, fragmentation, and overlap in Government
programs and in addressing recommendations from the Government
Accountability Office.
SEC. 1503. IDENTIFICATION, CONSOLIDATION, AND ELIMINATION OF
UNNECESSARILY DUPLICATIVE GOVERNMENT PROGRAMS.
Section 21 of the Joint Resolution entitled ``Joint Resolution
increasing the statutory limit on the public debt'' (Public Law 111-
139; 31 U.S.C. 712 note) is amended to read as follows:
``SEC. 21. IDENTIFICATION, CONSOLIDATION, AND ELIMINATION OF
UNNECESSARILY DUPLICATIVE GOVERNMENT PROGRAMS.
``(a) In General.--The Comptroller General of the United States
shall--
``(1) conduct routine investigations to identify programs,
agencies, offices, and initiatives with unnecessarily
duplicative goals and activities within departments and
agencies and Governmentwide; and
``(2) submit to Congress an annual report on the findings
of the investigations under paragraph (1).
``(b) Contents of Reports.--Reports submitted under subsection
(a)(2) shall, to the extent possible--
``(1) include--
``(A) information from available reports estimating
the cost of unnecessary duplication identified under
subsection (a)(1); and
``(B) recommendations for consolidation,
coordination, and elimination to reduce unnecessary
duplication, which shall identify specific rescissions;
and
``(2) aggregate separately--
``(A) estimates of related costs reported by the
Comptroller General for instances of actual and
potential unnecessary duplication; and
``(B) estimates of other potential cost savings and
revenue collection reported by the Comptroller General
during the period covered by the report.''.
SEC. 1504. IMPROVEMENTS TO ELIMINATION OF UNNECESSARY DUPLICATION.
(a) Systematic Agency Review of Operations.--Section 305(c) of
title 5, United States Code, is amended--
(1) in paragraph (1), by inserting ``, and ways in which
the agency might improve its performance toward its mission''
before the semicolon;
(2) by redesignating paragraphs (2) and (3) as paragraphs
(4) and (5), respectively;
(3) by inserting after paragraph (1) the following:
``(2) informing the processes of the agency for learning
and decisionmaking;
``(3) assessing potential opportunities to improve
coordination within the agency and with other agencies, and to
address actual and potential unnecessary duplication;''; and
(4) in paragraph (5), as so redesignated, by inserting
``and performance toward achieving the mission of the agency''
before the period.
(b) Chief Operating Officers.--Section 1123(b) of title 31, United
States Code, is amended--
(1) in paragraph (1)--
(A) by inserting ``evaluation,'' after
``measurement,''; and
(B) by inserting ``risk management,'' after
``progress,'';
(2) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively;
(3) by inserting after paragraph (1) the following:
``(2) address crosscutting program and management issues,
including opportunities to improve coordination and address
unnecessary duplication, within and external to the agency
using an enterprise risk management approach;'';
(4) in paragraph (4), as so redesignated, by inserting ``of
mission-oriented components and units and mission support''
after ``management''; and
(5) in paragraph (5), as so redesignated--
(A) by striking ``such as the Chief'' and inserting
the following: ``such as--
``(A) the heads of mission-related components and
units at the agency and the major components of the
agency; and
``(B) the Chief''; and
(B) 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 agency.''.
(c) Federal Government and Agency Performance Plans.--Section 1115
of title 31, United States Code, is amended--
(1) in subsection (a)(6), by inserting ``, including actual
or potential unnecessary duplication,'' after ``crosscutting in
nature'';
(2) in subsection (b)(9), in the matter preceding
subparagraph (A), by inserting ``, including actual or
potential unnecessary duplication,'' after ``agency faces'';
and
(3) in subsection (h)--
(A) by redesignating paragraphs (5) through (12) as
paragraphs (6) through (13), respectively;
(B) by inserting after paragraph (4) the following:
``(5) `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 initiative, placing the risks into an integrated and
interrelated portfolio, and prioritizing their mitigation;'';
(C) in paragraph (12), as so redesignated, by
striking ``and'' at the end;
(D) in paragraph (13), as so redesignated, by
striking the period and inserting a semicolon; and
(E) by adding at the end the following:
``(14) `risk' means the possibility of--
``(A) an adverse event or phenomenon occurring; or
``(B) a beneficial opportunity remaining
unexploited; and
``(15) `risk management' means the processes that are used
to identify, assess, prioritize, monitor, mitigate, and report
on risks to achieving the missions, goals, and objectives of a
department, agency, or program, or group thereof, using
resources and processes appropriate to the nature of the risks
and resources available.''.
(d) Federal Government and Agency Priority Goals.--Section 1120 of
title 31, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)(B)--
(i) in the matter preceding clause (i), by
inserting ``and mission support'' after
``management''; and
(ii) in clause (v), by striking the
semicolon and inserting a period; and
(B) in paragraph (3)--
(i) by redesignating subparagraphs (A)
through (G) as clauses (i) through (vii) and
adjusting the margin accordingly;
(ii) by striking ``shall consult'' and
inserting the following: ``shall--
``(A) consider recommendations of the Government
Accountability Office in--
``(i) the annual report submitted under
section 21 of the Joint Resolution entitled
`Joint Resolution increasing the statutory
limit on the public debt' (Public Law 111-139;
31 U.S.C. 712 note); or
``(ii) the High Risk list; and
``(B) consult''; and
(iii) in subparagraph (B)(vii), as so
redesignated, by striking the semicolon and
inserting a period; and
(2) in subsection (b)(1)(A), by inserting ``biennial''
before ``consultations''.
(e) Performance Improvement Officers and the Performance
Improvement Council.--Section 1124 of title 31, United States Code, is
amended--
(1) in subsection (a)(2)(A)--
(A) by inserting ``, in collaboration with heads of
agency components and mission support functions,''
after ``Officer'';
(B) by inserting ``evaluation,'' after
``measurement,''; and
(C) by inserting ``risk management,'' after
``progress,''; and
(2) in subsection (b)(2)--
(A) in subparagraph (D), by inserting ``including
issues relating to coordination and unnecessary
duplication,'' after ``issues,'';
(B) in subparagraph (E), by inserting ``and with
non-Federal stakeholders, including States and local
governments,'' after ``exchange among agencies'';
(C) in subparagraph (F), by inserting ``and mission
support'' after ``management'';
(D) in subparagraph (I), by striking ``and'' at the
end;
(E) in subparagraph (J), by striking the period at
the end and inserting a semicolon; and
(F) by adding at the end the following:
``(K) establish a public website; and
``(L) place annually and archive on the website a
detailed annual report describing the Performance
Improvement Council's--
``(i) structure (including any committees
or task forces);
``(ii) budget and relevant sources of
funds;
``(iii) staffing, on a full-time equivalent
basis (including an accounting of details from
agencies); and
``(iv) past, current, and planned
activities.''.
(f) Elimination of Unnecessary Agency Reporting.--Section
1125(a)(1) of title 31, United States Code, is amended by striking
``reports;'' and inserting the following: ``reports, and place the list
on a public website, which shall include, for each plan or report--
``(A) a citation to the relevant statutory
requirement or direction in a congressional report; and
``(B) an indication of whether and how the agency
is complying with the requirement to produce the plan
or report, including a citation to the means through
which the agency submits the plan or report;''.
(g) Agency Reports.--Section 720(b) of title 31, United States
Code, is amended, in the matter preceding paragraph (1), by inserting
``, including the annual report on unnecessarily duplicative goals and
activities within departments and governmentwide required under section
21 of the Joint Resolution entitled `A joint resolution increasing the
statutory limit on the public debt' (Public Law 111-139; 31 U.S.C. 712
note) and the High Risk list of the Government Accountability Office,''
after ``makes a report''.
Subtitle F--Administrative Leave
SEC. 1601. SHORT TITLE.
This subtitle may be cited as the ``Administrative Leave Act of
2016''.
SEC. 1602. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) agency use of administrative leave, and leave that is
referred to incorrectly as administrative leave in agency
recording practices, has exceeded reasonable amounts--
(A) in contravention of--
(i) established precedent of the
Comptroller General of the United States; and
(ii) guidance provided by the Office of
Personnel Management; and
(B) resulting in significant cost to the Federal
Government;
(2) administrative leave should be used sparingly;
(3) prior to the use of paid leave to address personnel
issues, an agency should consider other actions, including--
(A) temporary reassignment;
(B) transfer; and
(C) telework;
(4) an agency should prioritize and expeditiously conclude
an investigation in which an employee is placed in
administrative leave so that, not later than the conclusion of
the leave period--
(A) the employee is returned to duty status; or
(B) an appropriate personnel action is taken with
respect to the employee;
(5) data show that there are too many examples of employees
placed in administrative leave for 6 months or longer, leaving
the employees without any available recourse to--
(A) return to duty status; or
(B) challenge the decision of the agency;
(6) an agency should ensure accurate and consistent
recording of the use of administrative leave so that
administrative leave can be managed and overseen effectively;
and
(7) other forms of excused absence authorized by law should
be recorded separately from administrative leave, as defined by
the amendments made by this subtitle.
SEC. 1603. ADMINISTRATIVE LEAVE.
(a) In General.--Subchapter II of chapter 63 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 6330. Administrative leave
``(a) Definitions.--In this section--
``(1) the term `administrative leave' means leave--
``(A) without loss of or reduction in--
``(i) pay;
``(ii) leave to which an employee is
otherwise entitled under law; or
``(iii) credit for time or service; and
``(B) that is not authorized under any other
provision of law;
``(2) the term `agency'--
``(A) means an Executive agency (as defined in
section 105 of this title); and
``(B) does not include the Government
Accountability Office; and
``(3) the term `employee'--
``(A) has the meaning given the term in section
2105; and
``(B) does not include an intermittent employee who
does not have an established regular tour of duty
during the administrative workweek.
``(b) Administrative Leave.--
``(1) In general.--An agency may place an employee in
administrative leave for a period of not more than 5
consecutive days.
``(2) Rule of construction.--Nothing in paragraph (1) shall
be construed to limit the use of leave that is--
``(A) specifically authorized under law; and
``(B) not administrative leave.
``(3) Records.--An agency shall record administrative leave
separately from leave authorized under any other provision of
law.
``(c) Regulations.--
``(1) OPM regulations.--Not later than 1 year after the
date of enactment of this section, the Director of the Office
of Personnel Management shall--
``(A) prescribe regulations to carry out this
section; and
``(B) prescribe regulations that provide guidance
to agencies regarding--
``(i) acceptable agency uses of
administrative leave; and
``(ii) the proper recording of--
``(I) administrative leave; and
``(II) other leave authorized by
law.
``(2) Agency action.--Not later than 1 year after the date
on which the Director of the Office of Personnel Management
prescribes regulations under paragraph (1), each agency shall
revise and implement the internal policies of the agency to
meet the requirements of this section.
``(d) Relation to Other Laws.--Notwithstanding subsection (a) of
section 7421 of title 38, this section shall apply to an employee
described in subsection (b) of that section.''.
(b) OPM Study.--Not later than 120 days after the date of enactment
of this Act, the Director of the Office of Personnel Management, in
consultation with Federal agencies, groups representing Federal
employees, and other relevant stakeholders, 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 practices, as of the date
of enactment of this Act, of placing an employee in administrative
leave for more than 5 consecutive days when the placement was not
specifically authorized by law.
(c) Technical and Conforming Amendment.--The table of sections for
subchapter II of chapter 63 of title 5, United States Code, is amended
by inserting after the item relating to section 6329 the following:
``6330. Administrative leave.''.
SEC. 1604. INVESTIGATIVE LEAVE AND NOTICE LEAVE.
(a) In General.--Subchapter II of chapter 63 of title 5, United
States Code, as amended by this subtitle, is further amended by adding
at the end the following:
``Sec. 6330a. Investigative leave and notice leave
``(a) Definitions.--In this section--
``(1) the term `agency'--
``(A) means an Executive agency (as defined in
section 105 of this title); and
``(B) does not include the Government
Accountability Office;
``(2) the term `Chief Human Capital Officer' means--
``(A) the Chief Human Capital Officer of an agency
designated or appointed under section 1401; or
``(B) the equivalent;
``(3) the term `committees of jurisdiction', with respect
to an agency, means each committee in the Senate and House of
Representatives with jurisdiction over the agency;
``(4) the term `Director' means the Director of the Office
of Personnel Management;
``(5) the term `employee'--
``(A) has the meaning given the term in section
2105; and
``(B) does not include--
``(i) an intermittent employee who does not
have an established regular tour of duty during
the administrative workweek; or
``(ii) the Inspector General of an agency;
``(6) the term `investigative leave' means leave--
``(A) without loss of or reduction in--
``(i) pay;
``(ii) leave to which an employee is
otherwise entitled under law; or
``(iii) credit for time or service;
``(B) that is not authorized under any other
provision of law; and
``(C) in which an employee who is the subject of an
investigation is placed;
``(7) the term `notice leave' means leave--
``(A) without loss of or reduction in--
``(i) pay;
``(ii) leave to which an employee is
otherwise entitled under law; or
``(iii) credit for time or service;
``(B) that is not authorized under any other
provision of law; and
``(C) in which an employee who is in a notice
period is placed; and
``(8) 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
action.
``(b) Leave for Employees Under Investigation or in a Notice
Period.--
``(1) Authority.--An agency may, in accordance with
paragraph (2), place an employee in--
``(A) investigative leave if the employee is the
subject of an investigation;
``(B) notice leave if the employee is in a notice
period; or
``(C) notice leave following a placement in
investigative leave if, not later than the day after
the last day of the period of investigative leave--
``(i) the agency proposes or initiates an
adverse action against the employee; and
``(ii) the agency determines that the
employee continues to meet 1 or more of the
criteria described in subsection (c)(1).
``(2) Requirements.--An agency may place an employee in
leave under paragraph (1) only if the agency has--
``(A) made a determination with respect to the
employee under subsection (c)(1);
``(B) considered the available options for the
employee under subsection (c)(2); and
``(C) determined that none of the available options
under subsection (c)(2) is appropriate.
``(c) Employees Under Investigation or in a Notice Period.--
``(1) Determinations.--An agency may not place an employee
in investigative leave or notice leave under subsection (b)
unless the continued presence of the employee in the workplace
during an investigation of the employee or while the employee
is in a notice period, if applicable, may--
``(A) pose a threat to the employee or others;
``(B) result in the destruction of evidence
relevant to an investigation;
``(C) result in loss of or damage to Government
property; or
``(D) otherwise jeopardize legitimate Government
interests.
``(2) Available options for employees under investigation
or in a notice period.--After making a determination under
paragraph (1) with respect to an employee, and before placing
an employee in investigative leave or notice leave under
subsection (b), an agency shall consider taking 1 or more of
the following actions:
``(A) Assigning the employee to duties in which the
employee is no longer a threat to--
``(i) safety;
``(ii) the mission of the agency;
``(iii) Government property; or
``(iv) evidence relevant to an
investigation.
``(B) Allowing the employee to take leave for which
the employee is eligible.
``(C) Requiring the employee to telework under
section 6502(c).
``(D) If the employee is absent from duty without
approved leave, carrying the employee in absence
without leave status.
``(E) For an employee subject to a notice period,
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 imposed.
``(3) Duration of leave.--
``(A) Investigative leave.--Subject to extensions
of a period of investigative leave for which an
employee may be eligible under subsections (d) and (e),
the initial placement of an employee in investigative
leave shall be for a period not longer than 10 days.
``(B) Notice leave.--Placement of an employee in
notice leave shall be for a period not longer than the
duration of the notice period.
``(4) Explanation of leave.--
``(A) In general.--If an agency places an employee
in leave under subsection (b), the agency shall provide
the employee a written explanation of the leave
placement and the reasons for the leave placement.
``(B) Explanation.--The written notice under
subparagraph (A) shall describe the limitations of the
leave placement, including--
``(i) the applicable limitations under
paragraph (3); and
``(ii) in the case of a placement in
investigative leave, an explanation that, at
the conclusion of the period of leave, the
agency shall take an action under paragraph
(5).
``(5) Agency action.--Not later than the day after the last
day of a period of investigative leave for an employee under
subsection (b)(1), an agency shall--
``(A) return the employee to regular duty status;
``(B) take 1 or more of the actions authorized
under paragraph (2), meaning--
``(i) assigning the employee to duties in
which the employee is no longer a threat to--
``(I) safety;
``(II) the mission of the agency;
``(III) Government property; or
``(IV) evidence relevant to an
investigation;
``(ii) allowing the employee to take leave
for which the employee is eligible;
``(iii) requiring the employee to telework
under section 6502(c);
``(iv) if the employee is absent from duty
without approved leave, carrying the employee
in absence without leave status; or
``(v) for an employee subject to a notice
period, 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 imposed;
``(C) propose or initiate an adverse action against
the employee as provided under law; or
``(D) extend the period of investigative leave
under subsections (d) and (e).
``(6) Rule of construction.--Nothing in paragraph (5) shall
be construed to prevent the continued investigation of an
employee, except that the placement of an employee in
investigative leave may not be extended for that purpose except
as provided in subsections (d) and (e).
``(d) Initial Extension of Investigative Leave.--
``(1) In general.--Subject to paragraph (4), if the Chief
Human Capital Officer of an agency, or the designee of the
Chief Human Capital Officer, approves such an extension after
consulting with the investigator responsible for conducting the
investigation to which an employee is subject, the agency may
extend the period of investigative leave for the employee under
subsection (b) for not more than 30 days.
``(2) Maximum number of extensions.--The total period of
additional investigative leave for an employee under paragraph
(1) may not exceed 110 days.
``(3) Designation guidance.--Not later than 1 year after
the date of enactment of this section, 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 (1) to a
designee, the designee is at a sufficiently high level within
the agency to make an impartial and independent determination
regarding the extension.
``(4) Extensions for oig employees.--
``(A) Approval.--In the case of an employee of an
Office of Inspector General--
``(i) the Inspector General or the designee
of the Inspector General, rather than the Chief
Human Capital Officer or the designee of the
Chief Human Capital Officer, shall approve an
extension of a period of investigative leave
for the employee under paragraph (1); or
``(ii) at the request of the Inspector
General, 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 (1).
``(B) Guidance.--Not later than 1 year after the
date of enactment of this section, 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 agency, at the request of the
Inspector General, delegates the authority to approve
an extension under subparagraph (A) to a designee, the
designee is at a sufficiently high level within the
Office of Inspector General or the agency, as
applicable, to make an impartial and independent
determination regarding the extension.
``(e) Further Extension of Investigative Leave.--
``(1) In general.--After reaching the limit under
subsection (d)(2), an agency may further extend a period of
investigative leave for an employee for a period of not more
than 60 days if, before the further extension begins, the head
of the agency or, in the case of an employee of an Office of
Inspector General, the Inspector General submits a notification
that includes the reasons for the further extension to the--
``(A) committees of jurisdiction;
``(B) Committee on Homeland Security and
Governmental Affairs of the Senate; and
``(C) Committee on Oversight and Government Reform
of the House of Representatives.
``(2) No limit.--There shall be no limit on the number of
further extensions that an agency may grant to an employee
under paragraph (1).
``(3) OPM review.--An agency shall request from the
Director, and include with the notification required under
paragraph (1), the opinion of the Director--
``(A) with respect to whether to grant a further
extension under this subsection, including the reasons
for that opinion; and
``(B) which shall not be binding on the agency.
``(4) Sunset.--The authority provided under this subsection
shall expire on the date that is 6 years after the date of
enactment of this section.
``(f) Consultation Guidance.--Not later than 1 year after the date
of enactment of this section, the Council of the Inspectors General on
Integrity and Efficiency, in consultation with the Attorney General and
the Special Counsel, 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
employee, including during a criminal investigation, because the
continued presence of the employee in the workplace during the
investigation may--
``(1) pose a threat to the employee or others;
``(2) result in the destruction of evidence relevant to an
investigation;
``(3) result in loss of or damage to Government property;
or
``(4) otherwise jeopardize legitimate Government interests.
``(g) Reporting and Records.--
``(1) In general.--An agency shall keep a record of the
placement of an employee in investigative leave or notice leave
by the agency, including--
``(A) the basis for the determination made under
subsection (c)(1);
``(B) an explanation of why an action under
subsection (c)(2) was not appropriate;
``(C) the length of the period of leave;
``(D) the amount of salary paid to the employee
during the period of leave;
``(E) the reasons for authorizing the leave,
including, if applicable, the recommendation made by an
investigator under subsection (d)(1); and
``(F) the action taken by the agency at the end of
the period of leave, including, if applicable, the
granting of any extension of a period of investigative
leave under subsection (d) or (e).
``(2) Availability of records.--An agency shall make a
record kept under paragraph (1) available--
``(A) to any committee of Congress, upon request;
``(B) to the Office of Personnel Management; and
``(C) as otherwise required by law, including for
the purposes of the Administrative Leave Act of 2016
and the amendments made by that Act.
``(h) Regulations.--
``(1) OPM action.--Not later than 1 year after the date of
enactment of this section, the Director shall prescribe
regulations to carry out this section, including guidance to
agencies regarding--
``(A) acceptable purposes for the use of--
``(i) investigative leave; and
``(ii) notice leave;
``(B) the proper recording of--
``(i) the leave categories described in
subparagraph (A); and
``(ii) other leave authorized by law;
``(C) baseline factors that an agency shall
consider when making a determination that the continued
presence of an employee in the workplace may--
``(i) pose a threat to the employee or
others;
``(ii) result in the destruction of
evidence relevant to an investigation;
``(iii) result in loss or damage to
Government property; or
``(iv) otherwise jeopardize legitimate
Government interests; and
``(D) procedures and criteria for the approval of
an extension of a period of investigative leave under
subsection (d) or (e).
``(2) Agency action.--Not later than 1 year after the date
on which the Director prescribes regulations under paragraph
(1), each agency shall revise and implement the internal
policies of the agency to meet the requirements of this
section.
``(i) Relation to Other Laws.--Notwithstanding subsection (a) of
section 7421 of title 38, this section shall apply to an employee
described in subsection (b) of that section.''.
(b) Personnel Action.--Section 2302(a)(2)(A) of title 5, United
States Code, is amended--
(1) in clause (xi), by striking ``and'' at the end;
(2) by redesignating clause (xii) as clause (xiii); and
(3) by inserting after clause (xi) the following:
``(xii) a determination made by an agency under
section 6330a(c)(1) that the continued presence of an
employee in the workplace during an investigation of
the employee or while the employee is in a notice
period, if applicable, may--
``(I) pose a threat to the employee or
others;
``(II) result in the destruction of
evidence relevant to an investigation;
``(III) result in loss of or damage to
Government property; or
``(IV) otherwise jeopardize legitimate
Government interests; and''.
(c) GAO Report.--Not later than 5 years after the date of enactment
of this Act, 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 6330 and 6330a
of title 5, United States Code, as added by section 1603(a) and
subsection (a) of this section, respectively, including--
(1) an assessment of agency use of the authority provided
under subsection (e) of such section 6330a, including data
regarding--
(A) the number and length of extensions granted
under that subsection; and
(B) the number of times that the Director of the
Office of Personnel Management, under paragraph (3) of
that subsection--
(i) concurred with the decision of an
agency to grant an extension; and
(ii) did not concur with the decision of an
agency to grant an extension, including the
bases for those opinions of the Director;
(2) recommendations to Congress, as appropriate, on the
need for extensions beyond the extensions authorized under
subsection (d) of such section 6330a; and
(3) a review of the practice of agency placement of an
employee in investigative or notice leave under subsection (b)
of such section 6330a because of a determination under
subsection (c)(1)(D) of that section that the employee
jeopardized legitimate Government interests, including the
extent to which such determinations were supported by evidence.
(d) Telework.--Section 6502 of title 5, United States Code, is
amended by adding at the end the following:
``(c) Required Telework.--If an agency determines under section
6330a(c)(1) that the continued presence of an employee in the workplace
during an investigation of the employee or while the employee is in a
notice period, if applicable, may pose 1 or more of the threats
described in that section and the employee is eligible to telework
under subsections (a) and (b) of this section, the agency may require
the employee to telework for the duration of the investigation or the
notice period, if applicable.''.
(e) Technical and Conforming Amendment.--The table of sections for
subchapter II of chapter 63 of title 5, United States Code, is amended
by inserting after the item relating to section 6330, as added by this
subtitle, the following:
``6330a. Investigative leave and notice leave.''.
SEC. 1605. LEAVE FOR WEATHER AND SAFETY ISSUES.
(a) In General.--Subchapter II of chapter 63 of title 5, United
States Code, as amended by this subtitle, is further amended by adding
at the end the following:
``Sec. 6330b. Weather and safety leave
``(a) Definitions.--In this section--
``(1) the term `agency'--
``(A) means an Executive agency (as defined in
section 105 of this title); and
``(B) does not include the Government
Accountability Office; and
``(2) the term `employee'--
``(A) has the meaning given the term in section
2105; and
``(B) does not include an intermittent employee who
does not have an established regular tour of duty
during the administrative workweek.
``(b) 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
employees, leave to which the employee or employees are otherwise
entitled, 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--
``(1) an act of God;
``(2) a terrorist attack; or
``(3) another condition that prevents the employee or group
of employees from safely traveling to or performing work at an
approved location.
``(c) Records.--An agency shall record leave provided under this
section separately from leave authorized under any other provision of
law.
``(d) Regulations.--Not later than 1 year after the date of
enactment of this section, the Director of the Office of Personnel
Management shall prescribe regulations to carry out this section,
including--
``(1) guidance to agencies regarding the appropriate
purposes for providing leave under this section; and
``(2) the proper recording of leave provided under this
section.
``(e) Relation to Other Laws.--Notwithstanding subsection (a) of
section 7421 of title 38, this section shall apply to an employee
described in subsection (b) of that section.''.
(b) Technical and Conforming Amendment.--The table of sections for
subchapter II of chapter 63 of title 5, United States Code, is amended
by inserting after the item relating to section 6330a, as added by this
subtitle, the following:
``6330b. Weather and safety leave.''.
SEC. 1606. ADDITIONAL OVERSIGHT.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, 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 subtitle.
(b) Report to Congress.--Not later than 90 days after completing
the review under subsection (a), the Director shall submit to Congress
a report evaluating the results of the review.
Subtitle G--Enhancements for Inspectors General
PART I--INSPECTOR GENERAL EMPOWERMENT
SEC. 1701. SHORT TITLE.
This part may be cited as the ``Inspector General Empowerment Act
of 2016''.
SEC. 1702. NONDUTY STATUS OF INSPECTORS GENERAL; NOMINAL SUPERVISION.
The Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) in section 3--
(A) in the section header--
(i) by inserting ``nominal'' before
``supervision;''; and
(ii) by inserting ``paid or unpaid, nonduty
status;'' after ``removal;'';
(B) in subsection (a)--
(i) by striking ``be under the general
supervision'' and inserting ``be under the
nominal supervision''; and
(ii) by striking ``be subject to
supervision by'' and inserting ``be subject to
nominal supervision by'';
(C) in subsection (b)--
(i) by striking ``An Inspector General''
and inserting ``(1) An Inspector General'';
(ii) in paragraph (1), as so designated, by
striking the last sentence; and
(iii) by adding at the end the following:
``(2)(A) Subject to subparagraphs (B) and (C), the President may
place an Inspector General in an involuntary paid or unpaid, nonduty
status if the President determines that the continued presence in the
workplace of the Inspector General may--
``(i) pose a threat to the employee or others;
``(ii) result in loss of or damage to property of the
Federal Government; or
``(iii) otherwise jeopardize legitimate interests of the
Federal Government.
``(B) Not later than 48 hours after the President issues the
directive to place an Inspector General in an involuntary paid or
unpaid, nonduty status under subparagraph (A), the President shall
communicate in writing to both Houses of Congress the reasons for such
action, 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 (i), (ii), or (iii) of subparagraph (A).
``(C) The President may not place an Inspector General in an
involuntary paid or unpaid, nonduty status under subparagraph (A) for
more than 10 days, unless the Integrity Committee of the Council of the
Inspectors General for Integrity and Efficiency submits to the
President a written recommendation for additional time, which is acted
upon by the President, and the decision is communicated immediately to
both Houses of Congress.
``(3) Except as provided in paragraph (2), nothing in this
subsection shall prohibit a personnel action otherwise authorized by
law.''; and
(2) in section 8G--
(A) in subsection (d)(1)--
(i) by striking ``be under the general
supervision'' and inserting ``be under the
nominal supervision''; and
(ii) by striking ``be subject to
supervision by'' and inserting ``be subject to
nominal supervision by''; and
(B) in subsection (e)--
(i) in paragraph (2), by striking the last
sentence; and
(ii) by adding at the end the following:
``(3)(A) Subject to subparagraphs (B) and (C), the head of a
designated Federal entity may place an Inspector General in an
involuntary paid or unpaid, nonduty status if the head of the
designated Federal entity determines that the continued presence in the
workplace of the Inspector General may--
``(i) pose a threat to the employee or others;
``(ii) result in loss of or damage to property of the
Federal Government; or
``(iii) otherwise jeopardize legitimate interests of the
Federal Government.
``(B) Not later than 48 hours after the head of a designated
Federal entity issues the directive to place an Inspector General in an
involuntary paid or unpaid, nonduty status under subparagraph (A), the
head of the designated Federal entity shall communicate in writing to
both Houses of Congress the reasons for such action, 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 (i), (ii), or (iii) of subparagraph (A).
``(C) The head of a designated Federal entity may not place an
Inspector General in an involuntary paid or unpaid, nonduty status
under subparagraph (A) for more than 10 days, 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 time, which is acted upon by the
head of the designated Federal entity, and the decision is communicated
immediately to both Houses of Congress.
``(4) Except as provided in paragraph (3), nothing in this
subsection shall prohibit a personnel action otherwise authorized by
law.''.
SEC. 1703. ADDITIONAL AUTHORITY PROVISIONS FOR INSPECTORS GENERAL.
(a) Subpoena Authority for Inspectors General to Require Testimony
of Certain Persons.--
(1) In general.--The Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(A) in section 5(a), as amended by section 1705(c)
of this Act--
(i) in paragraph (19), by striking ``and''
at the end;
(ii) in paragraph (20), by striking the
period at the end and inserting a semicolon;
and
(iii) by adding at the end the following:
``(21) a description of the use of subpoenas for the
attendance and testimony of certain witnesses under section
6A.'';
(B) by inserting after section 6 the following:
``SEC. 6A. ADDITIONAL AUTHORITY.
``(a) Testimonial Subpoena Authority.--
``(1) In general.--In addition to the authority otherwise
provided by this Act and in accordance with the requirements of
this section, the Inspector General of each establishment (and
each Special Inspector General of an establishment not
established under this Act), in carrying out the provisions of
this Act (or, in the case of a Special Inspector General, the
provisions of the authorizing statute) and as necessary in the
performance of the functions assigned by this Act, is
authorized to require by subpoena the attendance and testimony
of--
``(A) a current or former contractor with the
establishment;
``(B) a current or former subcontractor (at any
tier) of a contractor with the establishment;
``(C) a current or former grantee of the
establishment;
``(D) a current or former subgrantee of a grantee
of the establishment;
``(E) a current or former employee of a contractor,
subcontractor, grantee, or subgrantee described in
subparagraphs (A) through (D), respectively; and
``(F) any former Federal employee of the
establishment (but not including any Federal employee
who is otherwise obligated to provide testimony and
cooperate with the Inspector General).
``(2) Limitations.--A subpoena described in paragraph (1)--
``(A) 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 (A), (B), (C), (D), (E), or (F) of
paragraph (1), as applicable;
``(B) may only be issued by the Inspector General
with oversight responsibilities for the establishment
for which the individual under subparagraph (A), (B),
(C), (D), (E), or (F) of paragraph (1), as applicable,
worked; and
``(C) may not be used--
``(i) to investigate an individual with
respect to an action that is protected under
paragraph (8) or (9) of section 2302(b) of
title 5, United States Code; or
``(ii) to obstruct or otherwise undermine
investigative activity for fact finding or
corrective action under such paragraph (8) or
(9).
``(3) Enforcement.--A subpoena described in paragraph (1),
in the case of contumacy or refusal to obey, shall be
enforceable by order of any appropriate United States district
court.
``(b) Panel Review Before Issuance.--
``(1) Approval required.--Before the issuance of a subpoena
described in subsection (a), an Inspector General shall submit
a request for approval to issue a subpoena by a majority of a
panel (in this section referred to as the `Subpoena Panel'),
which shall be comprised of--
``(A) 3 members, of whom--
``(i) 2 members shall be from the Council
of the Inspectors General on Integrity and
Efficiency, as designated by the Chairperson of
the Council of the Inspectors General on
Integrity and Efficiency; and
``(ii) 1 member shall be the Special
Counsel of the Office of Special Counsel; or
``(B) in the case of a request by an Inspector
General from the Intelligence Community pursuant to the
authority provided in subsection (a), 3 Inspectors
General within the Intelligence Community.
``(2) Time to respond.--
``(A) In general.--Except as provided in
subparagraph (B), not later than 10 days after the date
on which a request for approval to issue a subpoena is
submitted under paragraph (1), the Subpoena Panel shall
approve or deny the request.
``(B) 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 (A), the
Subpoena Panel shall, not later than 20 days after the
date on which the request is submitted--
``(i) request the additional information;
and
``(ii) approve or deny the request.
``(3) Notification and consultation with attorney
general.--Before an Inspector General submits a request for
approval to issue a subpoena under paragraph (1), the Inspector
General shall--
``(A) notify the Attorney General that the
Inspector General intends to submit the request; and
``(B) provide not less than 10 days for
consultation with the Attorney General.
``(4) 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 (B)(ii) or finds that the Inspector
General did not comply with the requirement under subsection
(a)(2), the subpoena may not be issued.
``(c) Notice to Attorney General.--
``(1) In general.--If the Subpoena Panel approves a request
for approval to issue a subpoena under subsection (b)(2), the
Inspector General shall notify the Attorney General that the
Inspector General intends to issue the subpoena.
``(2) Decision of attorney general.--Not later than 10 days
after the date on which the Attorney General is notified under
paragraph (1), the Attorney General may--
``(A) object to the issuance of the subpoena if the
subpoena will interfere with an ongoing matter; or
``(B) approve the issuance of the subpoena.
``(3) 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 10-day period
described in paragraph (2), the Inspector General may issue the
subpoena.
``(4) Suspension of subpoena.--After the expiration of the
10-day period described in paragraph (2), 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 matter. The
Inspector General shall consult with and consider the request
of the Attorney General.
``(d) Inclusion in Annual Report.--Not later than 1 year after the
effective date of this section, and every year thereafter, 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 section, which shall be
included by the Chairperson in the annual report required under section
11(b)(3)(B)(viii).
``(e) Use of Authority.--The Chairperson of the Council of the
Inspectors General on Integrity and Efficiency, in consultation with
the Attorney General, shall prescribe policies and procedures to carry
out the purposes of this section, which shall, at a minimum, include--
``(1) allowing not less than 14 calendar days between the
date on which a subpoena is served on the recipient or the
counsel for the recipient and the interview date;
``(2) notifying the recipient of a subpoena not less than
14 calendar days in advance of the interview date of the right
of the recipient to have counsel present and the nature of the
audit, evaluation, or investigation in furtherance of which the
subpoena is being issued; and
``(3) requiring the Inspector General who issued the
subpoena to pay travel and lodging expenses associated with the
subpoena if the interview occurs more than 25 miles from the
residence of the recipient of the subpoena.
``(f) 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
law.''; and
(C) in section 8G(g)(1), by inserting ``6A,''
before ``and 7''.
(2) Effective date.--The amendments made by paragraph (1)
shall--
(A) take effect on the date that is 1 year after
the date of enactment of this Act; and
(B) only apply to audits, evaluations, or
investigations initiated on or after the date of
enactment of this Act.
(b) Matching Program and Paperwork Reduction Act Exception for
Inspectors General.--Section 6 of the Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(1) by redesignating subsections (b) through (f) as
subsections (c) through (g), respectively; and
(2) by adding at the end the following:
``(h)(1) In this subsection, the terms `agency', `matching
program', `record', and `system of records' have the meanings given
those terms in section 552a(a) of title 5, United States Code.
``(2) For purposes of section 552a of title 5, United States Code,
or any other provision of law, a computerized comparison of 2 or more
automated Federal systems of records, or a computerized comparison of a
Federal system of records with other records or non-Federal records,
performed by an Inspector General or by an agency in coordination with
an Inspector General in conducting an audit, investigation, inspection,
evaluation, or other review authorized under this Act shall not be
considered a matching program.
``(3) 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 law.
``(i) Subchapter I of chapter 35 of title 44, United States Code,
shall not apply to the collection of information during the conduct of
an audit, investigation, inspection, evaluation, or other review
conducted by the Council of the Inspectors General on Integrity and
Efficiency or any Office of Inspector General, including any Office of
Special Inspector General.''.
SEC. 1704. ADDITIONAL RESPONSIBILITIES AND RESOURCES OF THE COUNCIL OF
THE INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY.
Section 11 of the Inspector General Act of 1978 (5 U.S.C. App.) is
amended--
(1) in subsection (b)--
(A) in paragraph (1)(B), by striking ``Director of
National Intelligence'' and inserting ``Intelligence
Community''; and
(B) by amending paragraph (3)(B)(viii) to read as
follows:
``(viii) prepare and transmit an annual
report on behalf of the Council on the
activities of the Council to--
``(I) the President;
``(II) the appropriate committees
of jurisdiction of the Senate and the
House of Representatives;
``(III) the Committee on Homeland
Security and Governmental Affairs of
the Senate; and
``(IV) the Committee on Oversight
and Government Reform of the House of
Representatives.'';
(2) in subsection (c)(1)--
(A) in subparagraph (G), by striking ``and'' at the
end;
(B) by redesignating subparagraph (H) as
subparagraph (I); and
(C) by inserting after subparagraph (G) the
following:
``(H) except for matters coordinated among
Inspectors General under section 3033 of title 50,
United States Code, receive, review, and mediate any
disputes submitted in writing to the Council by an
Office of Inspector General regarding an audit,
investigation, inspection, evaluation, or project that
involves the jurisdiction of more than 1 Office of
Inspector General; and'';
(3) in subsection (d)--
(A) in paragraph (2)--
(i) by striking subparagraph (C);
(ii) by redesignating subparagraphs (A),
(B), and (D) as clauses (i), (ii), and (iii),
respectively, and adjusting the margins
accordingly;
(iii) in the matter preceding clause (i),
as so redesignated, by striking ``The
Integrity'' and inserting the following:
``(A) In general.--The Integrity'';
(iv) in clause (i), as so redesignated, by
striking ``, who'' and all that follows through
``Committee'';
(v) in clause (iii), as so redesignated, by
inserting ``or the designee of the Director''
before the period at the end; and
(vi) by adding at the end the following:
``(B) Chairperson.--
``(i) In general.--The Integrity Committee
shall elect 1 of the Inspectors General
referred to in subparagraph (A)(ii) to act as
Chairperson of the Integrity Committee.
``(ii) Term.--The term of office of the
Chairperson of the Integrity Committee shall be
2 years.'';
(B) by amending paragraph (5) to read as follows:
``(5) Review of allegations.--
``(A) In general.--Not later than 7 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
(4)(C), the allegation of wrongdoing shall be reviewed
and referred to the Department of Justice or the Office
of Special Counsel for investigation, or to the
Integrity Committee for review, as appropriate, by--
``(i) a representative of the Department of
Justice, as designated by the Attorney General;
``(ii) a representative of the Office of
Special Counsel, as designated by the Special
Counsel; and
``(iii) a representative of the Integrity
Committee, as designated by the Chairperson of
the Integrity Committee.
``(B) Referral to the chairperson.--
``(i) In general.--Except as provided in
clause (ii), not later than 30 calendar days
after the date on which an allegation of
wrongdoing is referred to the Integrity
Committee under subparagraph (A), the Integrity
Committee shall determine whether to refer the
allegation of wrongdoing to the Chairperson of
the Integrity Committee to initiate an
investigation.
``(ii) Extension.--The 30-day period
described in clause (i) may be extended for an
additional period of 15 days if the Integrity
Committee provides written notice to the
congressional committees described in paragraph
(8)(A)(iii) that includes a detailed, case-
specific description of why the additional time
is needed to evaluate the allegation of
wrongdoing.'';
(C) in paragraph (6)--
(i) in subparagraph (A), by striking
``paragraph (5)(C)'' and inserting ``paragraph
(5)(B)''; and
(ii) in subparagraph (B)(i), by striking
``may'' and inserting ``shall'';
(D) in paragraph (7)--
(i) in subparagraph (B)--
(I) in clause (i)--
(aa) in subclause (III), by
striking ``and'' at the end;
(bb) in subclause (IV), by
striking the period at the end
and inserting a semicolon; and
(cc) by adding at the end
the following:
``(V) except as provided in clause
(ii), ensuring, to the extent possible,
that investigations are conducted by
Offices of Inspector General of similar
size;
``(VI) creating a process for
rotation of Inspectors General assigned
to investigate allegations through the
Integrity Committee; and
``(VII) creating procedures to
avoid conflicts of interest for
Integrity Committee investigations.'';
(II) by redesignating clause (ii)
as clause (iii); and
(III) by inserting after clause (i)
the following:
``(ii) Exception.--The requirement under
clause (i)(V) shall not apply to any Office of
Inspector General with less than 50 employees
who are authorized to conduct audits or
investigations.'';
(ii) by striking subparagraph (C); and
(iii) by inserting after subparagraph (B)
the following:
``(C) Completion of investigation.--If an
allegation of wrongdoing is referred to the Chairperson
of the Integrity Committee under paragraph (5)(B), the
Chairperson of the Integrity Committee--
``(i) shall complete the investigation not
later than 150 calendar days after the date on
which the Integrity Committee made the
referral;
``(ii) if the investigation cannot be
completed within the 150-day period described
in clause (i), shall--
``(I) promptly notify the
congressional committees described in
paragraph (8)(A)(iii); and
``(II) brief the congressional
committees described in paragraph
(8)(A)(iii) every 30 days regarding the
status of the investigation and the
general reasons for delay until the
investigation is complete.
``(D) Concurrent investigation.--If an allegation
of wrongdoing against an Inspector General or a staff
member of an Office of Inspector General described
under paragraph (4)(C) is referred to the Department of
Justice or the Office of Special Counsel under
paragraph (5)(A), the Chairperson of the Integrity
Committee may conduct any related investigation
referred to the Chairperson under paragraph (5)(B)
concurrently with the Department of Justice or the
Office of Special Counsel, as applicable.
``(E) Reports.--
``(i) Integrity committee investigations.--
For each investigation of an allegation of
wrongdoing referred to the Chairperson of the
Integrity Committee under paragraph (5)(B), 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 investigation.
``(ii) Other investigations.--For each
allegation of wrongdoing referred to the
Department of Justice or the Office of Special
Counsel under paragraph (5)(A), the Attorney
General or the Special Counsel, as applicable,
shall submit to the Integrity Committee a
report containing the results of the
investigation.
``(iii) Availability to congress.--
``(I) In general.--The
congressional committees described in
paragraph (8)(A)(iii) shall have access
to any report authored by the Integrity
Committee.
``(II) Members of congress.--
Subject to any other provision of law
that would otherwise prohibit
disclosure of such information, the
Integrity Committee may provide any
report authored by the Integrity
Committee to any Member of Congress.'';
(E) by striking paragraph (8)(A)(iii) and inserting
the following:
``(iii) submit the report, with the
recommendations of the Integrity Committee, to
the Committee on Homeland Security and
Governmental Affairs of the Senate, the
Committee on Oversight and Government Reform of
the House of Representatives, and other
congressional committees of jurisdiction; and
``(iv) following the submission of the
report under clause (iii) and upon request by
any Member of Congress, submit the report, with
the recommendations of the Integrity Committee,
to that Member.'';
(F) in paragraph (9)(B), by striking ``other
agencies'' and inserting ``the Department of Justice or
the Office of Special Counsel'';
(G) in paragraph (10), by striking ``any of the
following'' and all that follows through the period at
the end and inserting ``any Member of Congress.''; and
(H) by adding at the end the following:
``(12) Allegations of wrongdoing against special counsel or
deputy special counsel.--
``(A) Special counsel defined.--In this paragraph,
the term `Special Counsel' means the Special Counsel
appointed under section 1211(b) of title 5, United
States Code.
``(B) Authority of integrity committee.--
``(i) In general.--An allegation of
wrongdoing against the Special Counsel or the
Deputy Special Counsel may be received,
reviewed, 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
(4)(C), subject to the requirement that the
representative designated by the Special
Counsel under paragraph (5)(A)(ii) shall recuse
himself or herself from the consideration of
any allegation brought under this paragraph.
``(ii) Coordination with existing
provisions of law.--This paragraph shall not
eliminate access to the Merit Systems
Protection Board for review under section 7701
of title 5, United States Code. To the extent
that an allegation brought under this paragraph
involves section 2302(b)(8) of such title, a
failure to obtain corrective action within 120
days after the date on which the allegation is
received by the Integrity Committee shall, for
purposes of section 1221 of such title, be
considered to satisfy section 1214(a)(3)(B) of
such title.
``(C) Regulations.--The Integrity Committee may
prescribe any rules or regulations necessary to carry
out this paragraph, subject to such consultation or
other requirements as may otherwise apply.
``(13) Committee records.--The Chairperson of the Council
shall maintain the records of the Integrity Committee.''; and
(4) by adding at the end the following:
``(e) Authorization of Appropriations for Council.--For the
purposes of carrying out this section, there are authorized to be
appropriated into the revolving fund described in subsection (c)(3)(B),
out of any money in the Treasury not otherwise appropriated, the
following sums:
``(1) $7,800,000 for fiscal year 2017.
``(2) $8,100,000 for fiscal year 2018.
``(3) $8,500,000 for fiscal year 2019.
``(4) $8,900,000 for fiscal year 2020.
``(5) $9,300,000 for fiscal year 2021.''.
SEC. 1705. REPORTS AND ADDITIONAL INFORMATION.
(a) Report on Vacancies in the Offices of Inspector General.--The
Comptroller General of the United States shall--
(1) 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--
(A) the number and duration of Inspector General
vacancies;
(B) an examination of the extent to which the
number and duration of such vacancies has changed over
time;
(C) an evaluation of the impact such vacancies have
had on the ability of the relevant Office of Inspector
General to effectively carry out statutory
requirements; and
(D) recommendations to minimize the duration of
such vacancies;
(2) not later than 9 months after the date of enactment of
this Act, present a briefing on the findings of the study
conducted under paragraph (1) to--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Committee on Oversight and Government
Reform of the House of Representatives; and
(3) not later than 15 months after the date of enactment of
this Act, submit a report on the findings of the study
conducted under paragraph (1) to the committees described in
paragraph (2).
(b) Report on Issues Involving Multiple Offices of Inspector
General.--The Council of the Inspectors General on Integrity and
Efficiency shall--
(1) conduct an analysis of critical issues that involve the
jurisdiction of more than 1 individual Federal agency or entity
to identify--
(A) each such issue that could be better addressed
through greater coordination among, and cooperation
between, individual Offices of Inspector General;
(B) the best practices that can be employed by the
Offices of Inspector General to increase coordination
and cooperation on each issue identified; and
(C) any recommended statutory changes that would
facilitate coordination and cooperation among the
Offices of Inspector General on critical issues; and
(2) not later than 1 year after the date of enactment of
this Act, submit a report on the findings of the analysis
described in paragraph (1) to--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Committee on Oversight and Government
Reform of the House of Representatives.
(c) Additional Information.--Section 5 of the Inspector General Act
of 1978 (5 U.S.C. App) is amended--
(1) in subsection (a)--
(A) in paragraph (10)--
(i) by striking ``period for which'' and
inserting ``period--
``(A) for which''; and
(ii) by adding at the end the following:
``(B) for which no establishment comment was
returned within 60 days of providing the report to the
establishment; and
``(C) for which there are any outstanding
unimplemented recommendations, including the aggregate
potential cost savings of those recommendations.'';
(B) in paragraph (15), by striking ``and'' at the
end;
(C) in paragraph (16), by striking the period at
the end and inserting a semicolon; and
(D) by adding at the end the following:
``(17) 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-
15 of the General Schedule or an equivalent position where
allegations of misconduct were substantiated, including a
detailed description of--
``(A) the facts and circumstances of the
investigation; and
``(B) the status and disposition of the matter,
including--
``(i) if the matter was referred to the
Department of Justice, the date of the
referral; and
``(ii) if the Department of Justice
declined the referral, the date of the
declination;
``(18) a detailed description of any instance of
whistleblower retaliation, including information about the
official found to have engaged in retaliation and what, if any,
consequences the establishment imposed to hold that official
accountable;
``(19) a detailed description of any attempt by the
establishment to interfere with the independence of the Office,
including--
``(A) with communication between the Office and
Congress;
``(B) with budget constraints designed to limit the
capabilities of the Office; and
``(C) incidents where the establishment has
resisted or objected to oversight activities of the
Office or restricted or significantly delayed access to
information, including the justification of the
establishment for such action; and
``(20) detailed descriptions of the particular
circumstances of each--
``(A) inspection, evaluation, and audit conducted
by the Office that is closed and was not disclosed to
the public; and
``(B) investigation conducted by the Office
involving general or flag officers or employees of the
establishment serving in a position classified at or
above GS-15 of the General Schedule or an equivalent
position that is closed and was not disclosed to the
public.''; and
(2) in subsection (e), by adding at the end the following:
``(4) Subject to any other provision of law that would otherwise
prohibit disclosure of such information, the information described in
paragraph (1) may be provided to any Member of Congress upon request.
``(5) 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 whistleblower.''.
(d) Duty to Submit and Make Available to the Public Certain Work
Products.--Section 4 of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended by adding at the end the following:
``(e)(1) Whenever an Inspector General, in carrying out the duties
and responsibilities established under this Act, issues a work product
that makes a recommendation or otherwise suggests corrective action,
the Inspector General--
``(A) shall submit the work product to--
``(i) the head of the establishment;
``(ii) the congressional committees of
jurisdiction; and
``(iii) if the work product was initiated upon
request by an individual or entity other than the
Inspector General, that individual or entity;
``(B) may submit the work product to any Member of Congress
upon request; and
``(C) not later than 3 days after the work product is
submitted in final form to the head of the establishment, post
the work product on the website of the Office of Inspector
General.
``(2) 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 law.''.
(e) Posting of Reports on Websites of Offices of Inspectors
General.--Section 8M(b) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended--
(1) in paragraph (1)(A), 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 entity, as applicable''; and
(2) by adding at the end the following:
``(3) 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 law.''.
SEC. 1706. FULL AND PROMPT ACCESS TO ALL DOCUMENTS.
Section 6 of the Inspector General Act of 1978 (5 U.S.C. App.), as
amended by section 1703(b) of this Act, is further amended--
(1) in subsection (a), by striking paragraph (1) and
inserting the following:
``(1)(A) to have timely access to all records, reports,
audits, reviews, documents, papers, recommendations, 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 Act; and
``(B) to have access under subparagraph (A) notwithstanding
any other provision of law, except pursuant to any provision of
law enacted by Congress that expressly--
``(i) refers to the Inspector General; and
``(ii) limits the right of access of the Inspector
General;''; and
(2) by inserting after subsection (a) the following:
``(b) Each Inspector General shall ensure compliance with statutory
limitations on disclosure relevant to any information provided by the
applicable establishment under subsection (a).''.
SEC. 1707. ACCESS TO INFORMATION FOR CERTAIN INSPECTORS GENERAL.
The Inspector General Act of 1978 (5 U.S.C. App.), as amended by
this part, is amended--
(1) in section 8(b)(2)--
(A) by inserting ``from accessing information
described in paragraph (1),'' after ``completing any
audit or investigation,''; and
(B) by inserting ``, access such information,''
after ``complete such audit or investigation'';
(2) in section 8D(a)(2)--
(A) by inserting ``from accessing information
described in paragraph (1),'' after ``completing any
audit or investigation,''; and
(B) by inserting ``, access such information,''
after ``complete such audit or investigation'';
(3) in section 8E(a)(2)--
(A) by inserting ``from accessing information
described in paragraph (1),'' after ``completing any
audit or investigation,''; and
(B) by inserting ``, access such information,''
after ``complete such audit or investigation'';
(4) in section 8G(d)(2)(A), by inserting ``, or from
accessing information available to an element of the
intelligence community specified in subparagraph (D),'' after
``investigation'';
(5) in section 8I(a)(2)--
(A) by inserting ``from accessing information
described in paragraph (1),'' after ``completing any
audit or investigation,''; and
(B) by inserting ``, access such information,''
after ``complete such audit or investigation'';
(6) in section 8J, by striking ``or 8H'' and inserting
``8H, or 8N''; and
(7) by inserting after section 8M the following:
``SEC. 8N. ADDITIONAL PROVISIONS WITH RESPECT TO THE DEPARTMENT OF
ENERGY.
``(a) 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 12 of
the Atomic Energy Act of 1954 (42 U.S.C. 2161 et seq.) and intelligence
or counterintelligence, as defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003), 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 States.
``(b) Not later than 7 days after the date on which the Secretary
of Energy exercises any power authorized under subsection (a), the
Secretary shall notify the Inspector General of the Department of
Energy in writing the reasons for such exercise. Within 30 days after
receipt of any such notice, the Inspector General of the Department of
Energy shall submit to the appropriate committees of Congress a
statement concerning such exercise.''.
SEC. 1708. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Repeals.--
(1) Inspector general act of 2008.--Section 7(b) of the
Inspector General Reform Act of 2008 (Public Law 110-409; 122
Stat. 4312; 5 U.S.C. 1211 note) is repealed.
(2) Financial services and general government
appropriations act, 2009.--Section 744 of the Financial
Services and General Government Appropriations Act, 2009
(division D of Public Law 111-8; 123 Stat. 693) is repealed.
(b) Agency Applicability.--
(1) Amendments.--The Inspector General Act of 1978 (5
U.S.C. App.), as amended by this part, is further amended--
(A) in section 8M--
(i) in subsection (a)(1)--
(I) by striking ``Each agency'' and
inserting ``Each Federal agency and
designated Federal entity''; and
(II) by striking ``that agency''
each place that term appears and
inserting ``that Federal agency or
designated Federal entity'';
(ii) in subsection (b)--
(I) in paragraph (1), by striking
``agency'' and inserting ``Federal
agency and designated Federal entity'';
and
(II) in paragraph (2), by striking
``agency'' each place that term appears
and inserting ``Federal agency and
designated Federal entity''; and
(iii) by adding at the end the following:
``(c) Definitions.--In this section, the terms `designated Federal
entity' and `head of the designated Federal entity' have the meanings
given those terms in section 8G(a).''; and
(B) in section 11(c)(3)(A)(ii), by striking
``department, agency, or entity of the executive
branch'' and inserting ``Federal agency or designated
Federal entity (as defined in section 8G(a))''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date that is 180 days after the date
of enactment of this Act.
(c) Requirements for Inspectors General Websites.--Section 8M(b)(1)
of the Inspector General Act of 1978 (5 U.S.C. App.), as amended by
this part, is further amended--
(1) in subparagraph (A), by striking ``report or audit (or
portion of any report or audit)'' and inserting ``audit report,
inspection report, or evaluation report (or portion of any such
report)''; and
(2) by striking ``report or audit (or portion of that
report or audit)'' each place that term appears and inserting
``report (or portion of that report)''.
(d) Corrections.--
(1) Executive order number.--Section 7(c)(2) of the
Inspector General Reform Act of 2008 (Public Law 110-409; 122
Stat. 4313; 31 U.S.C. 501 note) is amended by striking
``12933'' and inserting ``12993''.
(2) Punctuation and cross-references.--The Inspector
General Act of 1978 (5 U.S.C. App.), as amended by this part,
is further amended--
(A) in section 4(b)(2)--
(i) by striking ``8F(a)(2)'' each place
that term appears and inserting ``8G(a)(2)'';
and
(ii) by striking ``8F(a)(1)'' and inserting
``8G(a)(1)'';
(B) in section 5(a)(5), by striking ``section
6(b)(2)'' and inserting ``section 6(c)(2)'';
(C) in section 5(a)(13), by striking ``05(b)'' and
inserting ``804(b)'';
(D) in section 6(a)(4), by striking ``information,
as well as any tangible thing)'' and inserting
``information), as well as any tangible thing'';
(E) in section 8A(d), by striking ``section 6(c)''
and inserting ``section 6(d)''; and
(F) in section 8G(g)(3), by striking ``8C'' and
inserting ``8D''.
(3) Spelling.--The Inspector General Act of 1978 (5 U.S.C.
App.), as amended by this part, is further amended--
(A) in section 3(a), by striking ``subpena'' and
inserting ``subpoena'';
(B) in section 6(a)(4), by striking ``subpenas''
and inserting ``subpoenas'';
(C) in section 8D(a)--
(i) in paragraph (1), by striking
``subpenas'' and inserting ``subpoenas''; and
(ii) in paragraph (2), by striking
``subpena'' each place that term appears and
inserting ``subpoena'';
(D) in section 8E(a)--
(i) in paragraph (1), by striking
``subpenas'' and inserting ``subpoenas''; and
(ii) in paragraph (2), by striking
``subpena'' each place that term appears and
inserting ``subpoena''; and
(E) in section 8G(d)(1), by striking ``subpena''
and inserting ``subpoena''.
PART II--INSPECTOR GENERAL MANDATES REPORTING
SEC. 1751. SHORT TITLE.
This part may be cited as the ``Inspector General Mandates
Reporting Act of 2016''.
SEC. 1752. REPORTING REQUIREMENTS OF INSPECTORS GENERAL.
(a) Definition.--In this section, the term ``reporting
requirement'' means a report that an Office of Inspector General is
required to complete under the Inspector General Act of 1978 (5 U.S.C.
App.) or any other provision of law.
(b) Report by Inspectors General to CIGIE.--Not later than 60 days
after the date of enactment of this Act, each Office of Inspector
General shall submit to the Council of Inspectors General on Integrity
and Efficiency a report, which--
(1) shall include a list of each reporting requirement for
the Office of Inspector General; and
(2) may include a list of each reporting requirement that
the Office of Inspector General recommends should be modified
or repealed.
(c) Report by CIGIE to Congress.--Not later than 60 days after the
date on which the Council of Inspectors General on Integrity and
Efficiency receives the reports required to be submitted under
subsection (b), the Council shall submit to Congress a report, which--
(1) shall include--
(A) a list of each reporting requirement that is
common to more than 1 Office of Inspector General; and
(B) a list, by Office of Inspector General, of each
reporting requirement that is unique to that Office of
Inspector General; and
(2) may include recommendations for reporting requirements
that should be modified or repealed.
(d) Form.--Each report submitted under this section shall be in
unclassified form, but may include a classified annex.
Subtitle H--Enhancements for Government Accountability Office
PART I--GOVERNMENT ACCOUNTABILITY OFFICE MANDATES REVISIONS
SEC. 1801. SHORT TITLE.
This part may be cited as the ``GAO Mandates Revision Act of
2016''.
SEC. 1802. REPORTS ELIMINATED.
(a) Single Audit Act Monitoring Responsibilities.--
(1) In general.--Chapter 75 of title 31, United States
Code, is amended--
(A) by striking section 7506; and
(B) by redesignating section 7507 as section 7506.
(2) Technical and conforming amendment.--The table of
sections for chapter 75 of title 31, United States Code, is
amended by striking the items relating to sections 7506 and
7507 and inserting the following:
``7506. Effective date.''.
(b) Review of Medigap Premium Levels.--Section 111(c) of the
Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act
of 2000 (Appendix F; 114 Stat. 2763A-473), as enacted into law by
section 1(a)(6) of Public Law 106-554, is repealed.
(c) Report on Dispute Resolution Pilot Program.--Section 1105 of
the Sandy Recovery Improvement Act of 2013 (42 U.S.C. 5189a note) is
amended by striking subsection (d).
(d) Biennial Survey Regarding Transportation Intelligence
Reports.--Section 114(u) of title 49, United States Code, is amended--
(1) in paragraph (1)(A), by striking ``subsection (t)'' and
inserting ``subsection (s)(4)(E)'';
(2) by striking paragraph (7); and
(3) by redesignating paragraphs (8) and (9) as paragraphs
(7) and (8), respectively.
(e) Review and Evaluation of Guidance Relating to Post Harvest
Processing of Raw Oysters.--Section 114 of the FDA Food Safety
Modernization Act (21 U.S.C. 342 note)) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
SEC. 1803. REPORTS MODIFIED.
(a) Oversight and Audits Under the Emergency Economic Stabilization
Act of 2008.--Section 116(a)(3) of the Emergency Economic Stabilization
Act of 2008 (12 U.S.C. 5226(a)(3)) is amended by striking ``, regularly
and no less frequently than once every 60 days,'' and inserting
``annually''.
(b) GAO Study of Financial Regulations.--Section 1016B(a) of the
Consumer Financial Protection Act of 2010 (12 U.S.C. 5496b(a)) is
amended--
(1) in the matter preceding paragraph (1), in the first
sentence--
(A) by striking ``Not later than the end of the
180-day period beginning on the date of the enactment
of this Act, and annually thereafter, the'' and
inserting ``The''; and
(B) by inserting ``periodically, as the Comptroller
General determines is appropriate,'' after ``shall'';
(2) in paragraph (1), by striking ``, including whether
relevant Federal agencies are applying sound cost-benefit
analysis in promulgating rules;'' and inserting ``; and'';
(3) by striking paragraph (2); and
(4) by redesignating paragraph (3) as paragraph (2).
(c) Reports on Conflict Minerals.--Section 1502(d) of the Dodd-
Frank Wall Street Reform and Consumer Protection Act (15 U.S.C. 78m
note) is amended--
(1) in paragraph (1), by striking ``until the termination
of the disclosure requirements under section 13(p) of the
Securities Exchange Act of 1934'' and inserting ``through 2020,
in 2022, and in 2024''; and
(2) in paragraph (2), in the matter preceding subparagraph
(A), by inserting ``through 2020, in 2022, and in 2024'' after
``annually thereafter''.
(d) Update on Actions Taken by Secretary of HHS to Implement GAO
Recommendation.--Section 632(d) of the American Taxpayer Relief Act of
2012 (Public Law 112-240; 126 Stat. 2354) is amended in the first
sentence by striking ``December 31, 2015'' and inserting ``December 31,
2023''.
(e) Review Panel.--Section 399V-4(d)(2) of the Public Health
Service Act (42 U.S.C. 280g-15) is amended--
(1) in subparagraph (C), by striking ``, or an individual
within the Government Accountability Office designated by the
Comptroller General, shall'' and inserting ``shall designate a
member of the review panel to''; and
(2) in subparagraph (D), by striking ``Comptroller
General'' and inserting ``Secretary''.
PART II--GOVERNMENT ACCOUNTABILITY OFFICE ACCESS AND OVERSIGHT
SEC. 1851. SHORT TITLE.
This part may be cited as the``GAO Access and Oversight Act of
2016''.
SEC. 1852. ACCESS TO CERTAIN INFORMATION.
(a) Access to Certain Information.--Subchapter II of chapter 7 of
title 31, United States Code, is amended by adding at the end the
following:
``Sec. 721. Access to certain information
``(a) No provision of the Social Security Act, including section
453(l) of that Act (42 U.S.C. 653(l)), shall be construed to limit,
amend, or supersede the authority of the Comptroller General to obtain
any information or to inspect any record under section 716 of this
title.
``(b) The specific reference to a statute in subsection (a) shall
not be construed to affect access by the Government Accountability
Office to information under statutes that are not so referenced.''.
(b) Agency Reports.--Section 720(b) of title 31, United States
Code, is amended--
(1) in the matter preceding paragraph (1), by inserting
``or planned'' after ``action taken''; and
(2) by striking paragraph (1) and inserting the following:
``(1) the Committee on Homeland Security and Governmental
Affairs of the Senate, the Committee on Oversight and
Government Reform of the House of Representatives, the
congressional committees with jurisdiction over the agency
program or activity that is the subject of the recommendation,
and the Government Accountability Office before the 61st day
after the date of the report; and''.
(c) Authority To Obtain Records.--Section 716 of title 31, United
States Code, is amended in subsection (a)--
(1) by striking ``(a)'' and inserting ``(2)''; and
(2) by inserting after the section heading the following:
``(a)(1) The Comptroller General is authorized to obtain such
agency records as the Comptroller General requires to discharge the
duties of the Comptroller General (including audit, evaluation, and
investigative duties), including through the bringing of civil actions
under this section. In reviewing a civil action under this section, 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 law.''.
(d) Technical and Conforming Amendment.--The table of sections for
chapter 7 of title 31, United States Code, is amended by inserting
after the item relating to section 720 the following:
``721. Access to certain information.''.
Subtitle I--Stopping Wasteful Federal Bonuses
SEC. 1901. SHORT TITLE.
This subtitle may be cited as the ``Stop Wasteful Federal Bonuses
Act of 2016''.
SEC. 1902. BONUSES.
(a) Adverse Findings and Employees Under Investigation.--Chapter 45
of title 5, United States Code, is amended by adding at the end the
following:
``Subchapter IV--Limitations on Bonus Authority
``Sec. 4531. Certain forms of misconduct
``(a) Definitions.--In this section:
``(1) Adverse finding.--
``(A) In general.--The term `adverse finding' means
a determination by the head of the agency employing an
employee that the conduct of the employee--
``(i) violated a policy of the agency for
which the employee may be removed or suspended
for a period of not less than 14 days; or
``(ii) violated a law for which the
employee may be imprisoned for more than 1
year.
``(B) Basis.--A determination described in
subparagraph (A) may be based on an investigation by,
determination of, or information provided by the
Inspector General or another senior ethics official of
an agency or the Comptroller General of the United
States, as part of carrying out an activity, authority,
or function of the Inspector General, senior ethics
official, or Comptroller General, respectively, under a
provision of law other than this section.
``(2) Agency.--The term `agency' has the meaning given that
term under section 551.
``(3) Bonus.--The term `bonus' means any performance award
or cash award under--
``(A) section 4505a;
``(B) section 5384; or
``(C) section 5754.
``(b) Prohibition.--The head of an agency shall not award a bonus
to an employee of the agency until 5 years after the end of the fiscal
year during which the head of an agency makes an adverse finding
relating to the employee.
``(c) After Bonus Awarded.--
``(1) In general.--For a bonus awarded to an employee after
the date of enactment of this section, 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
awarded, the head of the agency, after notice and an
opportunity for a hearing, shall issue an order directing the
employee to repay the amount of the bonus.
``(2) 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 75.
``(d) Condition of Receipt.--As a condition of receiving a bonus
awarded after the date of enactment of this section, 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 (c).
``(e) Appeal.--An employee determined to be ineligible for a bonus
under subsection (b) or against whom an order is issued under
subsection (c) may appeal to the Merit Systems Protection Board under
section 7701.''.
(b) Rulemaking.--The head of each agency (as defined under title
551 of title 5, United States Code) may promulgate rules to carry out
section 4531 of title 5, United States Code, as added by subsection
(a).
(c) Technical and Conforming Amendment.--The table of sections for
chapter 45 of title 5, United States Code, is amended by adding at the
end the following:
``subchapter iv--limitations on bonus authority
``4531. Certain forms of misconduct.''.
Subtitle J--Eliminating Government-funded Oil-paintings
SEC. 1921. SHORT TITLE.
This subtitle may be cited as the``Eliminating Government-funded
Oil-painting Act'' or the ``EGO Act''.
SEC. 1922. PROHIBITION ON USE OF FUNDS FOR PORTRAITS.
(a) 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 Government, including
the President, the Vice President, a Member of Congress, the head of an
executive agency, or the head of an office of the legislative branch.
(b) Definitions.--In this section--
(1) the term ``executive agency'' has the meaning given the
term in section 133 of title 41, United States Code; and
(2) the term ``Member of Congress'' includes a Delegate or
Resident Commissioner to Congress.
Subtitle K--Presidential Allowance Modernization
SEC. 1941. SHORT TITLE.
This subtitle may be cited as the ``Presidential Allowance
Modernization Act of 2016''.
SEC. 1942. AMENDMENTS.
(a) Former Presidents.--The first section of the Act entitled ``An
Act to provide retirement, clerical assistants, and free mailing
privileges to former Presidents of the United States, and for other
purposes'', approved August 25, 1958 (commonly known as the ``Former
Presidents Act of 1958'') (3 U.S.C. 102 note), is amended by striking
the matter preceding subsection (e) and inserting the following:
``(a) In General.--Each former President shall be entitled for the
remainder of his or her life to receive from the United States--
``(1) an annuity at the rate of $200,000 per year, subject
to subsection (c); and
``(2) a monetary allowance at the rate of $200,000 per
year, subject to subsections (c) and (d).
``(b) Duration; Frequency.--
``(1) In general.--The annuity and allowance under
subsection (a) shall each--
``(A) commence on the day after the date on which
an individual becomes a former President;
``(B) terminate on the date on which the former
President dies; and
``(C) be payable by the Secretary of the Treasury
on a monthly basis.
``(2) Appointive or elective positions.--The annuity and
allowance under subsection (a) 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 rate.
``(c) Cost-of-Living Increases.--Effective December 1 of each year,
each annuity and allowance under subsection (a) that commenced before
that date shall be increased by the same percentage by which benefit
amounts under title II of the Social Security Act (42 U.S.C. 401 et
seq.) are increased, effective as of that date, as a result of a
determination under section 215(i) of that Act (42 U.S.C. 415(i)).
``(d) Limitation on Monetary Allowance.--
``(1) In general.--Notwithstanding any other provision of
this section, the monetary allowance payable under subsection
(a)(2) to a former President for any 12-month period--
``(A) except as provided in subparagraph (B), may
not exceed the amount by which--
``(i) the monetary allowance that (but for
this subsection) would otherwise be so payable
for such 12-month period, exceeds (if at all)
``(ii) the applicable reduction amount for
such 12-month period; and
``(B) shall not be less than the amount determined
under paragraph (4).
``(2) Definition.--
``(A) In general.--For purposes of paragraph (1),
the term `applicable reduction amount' means, with
respect to any former President and in connection with
any 12-month period, the amount by which--
``(i) the sum of--
``(I) the adjusted gross income (as
defined in section 62 of the Internal
Revenue Code of 1986) of the former
President for the most recent taxable
year for which a tax return is
available; and
``(II) any interest excluded from
the gross income of the former
President under section 103 of such
Code for such taxable year, exceeds (if
at all)
``(ii) $400,000, subject to subparagraph
(C).
``(B) Joint returns.--In the case of a joint
return, subclauses (I) and (II) of subparagraph (A)(i)
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 President.
``(C) Cost-of-living increases.--The dollar amount
specified in subparagraph (A)(ii) shall be adjusted at
the same time that, and by the same percentage by
which, the monetary allowance of the former President
is increased under subsection (c) (disregarding this
subsection).
``(3) Disclosure requirement.--
``(A) Definitions.--In this paragraph--
``(i) the terms `return' and `return
information' have the meanings given those
terms in section 6103(b) of the Internal
Revenue Code of 1986; and
``(ii) the term `Secretary' means the
Secretary of the Treasury or the Secretary of
the Treasury's delegate.
``(B) Requirement.--A former President may not
receive a monetary allowance under subsection (a)(2)
unless the former President discloses to the Secretary,
upon the request of the Secretary, 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 (2) of this
subsection.
``(C) Confidentiality.--Except as provided in
section 6103 of the Internal Revenue Code of 1986 and
notwithstanding any other provision of law, the
Secretary may not, with respect to a return or return
information disclosed to the Secretary under
subparagraph (B)--
``(i) disclose the return or return
information to any entity or person; or
``(ii) use the return or return information
for any purpose other than to calculate the
applicable reduction amount under paragraph
(2).
``(4) Increased costs due to security needs.--With respect
to the monetary allowance that would be payable to a former
President under subsection (a)(2) for any 12-month period but
for the limitation under paragraph (1), the Administrator of
General Services, in coordination with the Director of the
United States Secret Service, 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 President.''.
(b) Surviving Spouses of Former Presidents.--
(1) Increase in amount of monetary allowance.--Subsection
(e) of the first section of the Former Presidents Act of 1958
is amended--
(A) in the first sentence, by striking ``$20,000
per annum,'' and inserting ``$100,000 per year (subject
to paragraph (4)),''; and
(B) in the second sentence--
(i) in paragraph (2), by striking ``and''
at the end;
(ii) in paragraph (3)--
(I) by striking ``or the government
of the District of Columbia''; and
(II) by striking the period and
inserting ``; and''; and
(iii) by inserting after paragraph (3) the
following:
``(4) shall, after its commencement date, be increased at
the same time that, and by the same percentage by which,
annuities of former Presidents are increased under subsection
(c).''.
(2) Coverage of widower of a former president.--Subsection
(e) of the first section of the Former Presidents Act of 1958,
as amended by paragraph (1), is amended--
(A) by striking ``widow'' each place it appears and
inserting ``widow or widower''; and
(B) by striking ``she'' and inserting ``she or
he''.
(c) Subsection Headings.--The first section of the Former
Presidents Act of 1958 is amended--
(1) in subsection (e), by inserting after the subsection
enumerator the following: ``Widows and Widowers.--'';
(2) in subsection (f), by inserting after the subsection
enumerator the following: ``Definition.--''; and
(3) in subsection (g), by inserting after the subsection
enumerator the following: ``Authorization of Appropriations.--
''.
SEC. 1943. RULE OF CONSTRUCTION.
Nothing in this subtitle or an amendment made by this subtitle
shall be construed to affect--
(1) any provision of law relating to the security or
protection of a former President or a member of the family of a
former President; or
(2) funding, under the Former Presidents Act of 1958 or any
other law, to carry out any provision of law described in
paragraph (1).
SEC. 1944. TRANSITION RULES.
(a) Former Presidents.--In the case of any individual who is a
former President on the date of enactment of this Act, the amendment
made by section 1942(a) shall be applied as if the commencement date
referred in subsection (b)(1)(A) of the first section of the Former
Presidents Act of 1958, as amended by section 1942(a), coincided with
such date of enactment.
(b) Widows.--In the case of any individual who is the widow of a
former President on the date of enactment of this Act, the amendments
made by section 1942(b)(1) shall be applied as if the commencement date
referred to in subsection (e)(1) of the first section of the Former
Presidents Act of 1958, as amended by section 1942(b)(1), coincided
with such date of enactment.
SEC. 1945. APPLICABILITY.
For a former President receiving a monetary allowance under the
Former Presidents Act of 1958 on the day before the date of enactment
of this Act, the limitation under subsection (d)(1) of the first
section of that Act, as amended by section 1942(a), shall apply to the
monetary allowance of the former President, 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 allowance,
as determined by the Administrator of General Services.
Subtitle L--Making Electronic Government Accountable
SEC. 1961. SHORT TITLE.
This subtitle may be cited as the ``Making Electronic Government
Accountable By Yielding Tangible Efficiencies Act of 2016'' or the
``MEGABYTE Act of 2016''.
SEC. 1962. OMB DIRECTIVE ON MANAGEMENT OF SOFTWARE LICENSES.
(a) Definitions.--In this section--
(1) the term ``Director'' means the Director of the Office
of Management and Budget; and
(2) the term ``Executive agency'' has the meaning given
that term in section 105 of title 5, United States Code.
(b) OMB Directive.--The Director shall issue a directive to require
the Chief Information Officer of each Executive agency to develop a
comprehensive software licensing policy, which shall--
(1) identify clear roles, responsibilities, and central
oversight authority within the Executive agency for managing
enterprise software license agreements and commercial software
licenses; and
(2) require the Chief Information Officer of each Executive
agency to--
(A) establish a comprehensive inventory, including
80 percent of software license spending and enterprise
licenses in the Executive agency, by identifying and
collecting information about software license
agreements using automated discovery and inventory
tools;
(B) regularly track and maintain software licenses
to assist the Executive agency in implementing
decisions throughout the software license management
life cycle;
(C) analyze software usage and other data to make
cost-effective decisions;
(D) provide training relevant to software license
management;
(E) establish goals and objectives of the software
license management program of the Executive agency; and
(F) consider the software license management life
cycle phases, including the requisition, reception,
deployment and maintenance, retirement, and disposal
phases, to implement effective decision-making and
incorporate existing standards, processes, and metrics.
(c) Report on Software License Management.--
(1) In general.--Beginning in the first fiscal year
beginning after the date of enactment of this Act, and in each
of the following 5 fiscal years, 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 management.
(2) Availability.--The Director shall make each report
submitted under paragraph (1) publically available.
Subtitle M--Construction Consensus Procurement Improvement
SEC. 1981. SHORT TITLE.
This subtitle may be cited as the ``Construction Consensus
Procurement Improvement Act of 2016''.
SEC. 1982. CONGRESSIONAL FINDINGS.
Congress makes the following findings:
(1) 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 services.
(2) Federal procurement officials often adopt contracting
techniques from the private sector and have used those
techniques effectively to procure products and services.
(3) Design-build is a procurement technique Federal
officials have adopted from the private sector that has worked
well for procurement of design and construction services.
(4) The current statutory framework for design-build could
benefit from legislative refinement.
(5) 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 commodities.
(6) Despite their success in other contexts, reverse
auctions are generally inappropriate for procurement of design
and construction services, given the unique nature of each such
project.
SEC. 1983. DESIGN-BUILD CONSTRUCTION PROCESS IMPROVEMENT.
(a) Civilian Contracts.--
(1) In general.--Section 3309(b) of title 41, United States
Code, is amended to read as follows:
``(b) Criteria for Use.--
``(1) Contracts with a value of at least $750,000.--Two-
phase selection procedures shall be used for entering into a
contract for the design and construction of a public building,
facility, or work when a contracting officer determines that
the project has a value of $750,000 or greater, as adjusted for
inflation in accordance with section 1908 of this title.
``(2) Contracts with a value less than $750,000.--For
projects that a contracting officer determines have a value of
less than $750,000, 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 building, facility, or work when--
``(A) the contracting officer anticipates that 3 or
more offers will be received for the contract;
``(B) design work must be performed before an
offeror can develop a price or cost proposal for the
contract;
``(C) the offeror will incur a substantial amount
of expense in preparing the offer; and
``(D) the contracting officer has considered
information such as--
``(i) the extent to which the project
requirements have been adequately defined;
``(ii) the time constraints for delivery of
the project;
``(iii) the capability and experience of
potential contractors;
``(iv) the suitability of the project for
use of the two-phase selection procedures;
``(v) the capability of the agency to
manage the two-phase selection process; and
``(vi) other criteria established by the
agency.''.
(2) Annual reports.--
(A) In general.--Not later than November 30 of
2017, 2018, 2019, 2020, and 2021, 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 3309 of title 41, United States
Code, during the fiscal year ending in such calendar
year, in which--
(i) more than 5 finalists were selected for
phase-two requests for proposals; or
(ii) the contract or order was awarded
without using two-phase selection procedures.
(B) Public availability.--The Director of the
Office of Management and Budget shall facilitate public
access to the reports, including by posting them on a
publicly available Internet website. A notice of the
availability of each report shall be published in the
Federal Register.
(b) GAO Reports.--Not later than 270 days after the deadline for
the final reports required under subsection (f) of section 3309 of
title 41, United States Code, as added by subsection (a)(1), the
Comptroller General of the United States shall issue a report analyzing
the compliance of the various Federal agencies with the requirements of
such section.
SEC. 1984. PROHIBITION ON THE USE OF A REVERSE AUCTION FOR THE AWARD OF
A CONTRACT FOR DESIGN AND CONSTRUCTION SERVICES.
(a) Finding.--Congress finds that, in contrast to a traditional
auction in which the buyers bid up the price, sellers bid down the
price in a reverse auction.
(b) Prohibition.--Not later than 180 days after the date of the
enactment of this Act, the Federal Acquisition Regulatory Council, in
consultation with the Administrator for Federal Procurement Policy,
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 services.
(c) Definitions.--For purposes of this section--
(1) the term ``design and construction services'' means--
(A) site planning and landscape design;
(B) architectural and engineering services
(including surveying and mapping defined in section
1101 of title 40, United States Code);
(C) interior design;
(D) performance of substantial construction work
for facility, infrastructure, and environmental
restoration projects;
(E) delivery and supply of construction materials
to construction sites; or
(F) construction or substantial alteration of
public buildings or public works; and
(2) the term ``reverse auction'' means, with respect to
procurement by an agency--
(A) a real-time auction conducted through an
electronic medium among 2 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 auction; and
(B) the award of the contract, delivery order, task
order, or purchase order to the offeror, in whole or in
part, based on the price obtained through the auction
process.
TITLE II--ACCOUNTABILITY ENHANCEMENTS
Subtitle A--Expanded Whistleblower Protections for Employees
SEC. 2101. SHORT TITLE.
This subtitle may be cited as the ``Dr. Chris Kirkpatrick
Whistleblower Protection Act of 2016''.
PART I--EMPLOYEES GENERALLY
SEC. 2121. DEFINITIONS.
In this part--
(1) the terms ``agency'' and ``personnel action'' have the
meanings given such terms under section 2302 of title 5, United
States Code; and
(2) the term ``employee'' means an employee (as defined in
section 2105 of title 5, United States Code) of an agency.
SEC. 2122. STAYS; PROBATIONARY EMPLOYEES.
(a) Request by Special Counsel.--Section 1214(b)(1) of title 5,
United States Code, is amended by adding at the end the following:
``(E) If the Merit Systems Protections Board grants a stay under
this subsection, the head of the agency employing the employee shall
give priority to a request for a transfer submitted by the employee.''.
(b) Individual Right of Action for Probationary Employees.--Section
1221 of title 5, United States Code, is amended by adding at the end
the following:
``(k) If the Merit Systems Protection Board grants a stay to an
employee in probationary status under subsection (c), the head of the
agency employing the employee shall give priority to a request for a
transfer submitted by the employee.''.
(c) 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 status.
SEC. 2123. ADEQUATE ACCESS OF SPECIAL COUNSEL TO INFORMATION.
Section 1212(b) of title 5, United States Code, is amended by
adding at the end the following:
``(5) The Special Counsel, in carrying out this subchapter, is
authorized to--
``(A) have access to all records, reports, audits, reviews,
documents, papers, recommendations, or other material available
to the applicable agency which relate to a matter within the
jurisdiction or authority of the Special Counsel; and
``(B) 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
subchapter.''.
SEC. 2124. PROHIBITED PERSONNEL PRACTICES.
Section 2302(b) of title 5, United States Code, is amended--
(1) in paragraph (12), by striking ``or'' at the end;
(2) in paragraph (13), by striking the period at the end
and inserting ``; or''; and
(3) by inserting after paragraph (13) the following:
``(14) access the medical record of another employee for
the purpose of retaliation for a disclosure or activity
protected under paragraph (8) or (9).''.
SEC. 2125. DISCIPLINE OF SUPERVISORS BASED ON RETALIATION AGAINST
WHISTLEBLOWERS.
(a) In General.--Subchapter II of chapter 75 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 7515. Discipline of supervisors based on retaliation against
whistleblowers
``(a) Definitions.--In this section--
``(1) the term `agency' has the meaning given that term
under section 2302;
``(2) the term `prohibited personnel action' means taking
or failing to take an action in violation of paragraph (8),
(9), or (14) of section 2302(b) against an employee of an
agency; and
``(3) the term `supervisor' means a supervisor, as defined
under section 7103(a), who is employed by an agency, as defined
under paragraph (1) of this subsection.
``(b) Proposed Adverse Actions.--
``(1) In general.--In accordance with paragraph (2), the
head of an agency shall propose against a supervisor whom the
head of that agency, an administrative law judge, the Merit
Systems Protection Board, the Office of Special Counsel, an
adjudicating body provided under a union contract, a Federal
judge, or the Inspector General of the agency determines
committed a prohibited personnel action the following adverse
actions:
``(A) With respect to the first prohibited
personnel action, an adverse action that is not less
than a 12-day suspension.
``(B) With respect to the second prohibited
personnel action, removal.
``(2) Procedures.--
``(A) Notice.--A supervisor against whom an adverse
action under paragraph (1) is proposed is entitled to
written notice.
``(B) Answer and evidence.--
``(i) In general.--A supervisor who is
notified under subparagraph (A) that the
supervisor is the subject of a proposed adverse
action under paragraph (1) is entitled to 14
days following such notification to answer and
furnish evidence in support of the answer.
``(ii) No evidence.--After the end of the
14-day period described in clause (i), if a
supervisor does not furnish evidence as
described in clause (i) or if the head of the
agency determines that such evidence is not
sufficient to reverse the proposed adverse
action, the head of the agency shall carry out
the adverse action.
``(C) Scope of procedures.--Paragraphs (1) and (2)
of subsection (b) of section 7513, subsection (c) of
such section, paragraphs (1) and (2) of subsection (b)
of section 7543, and subsection (c) of such section
shall not apply with respect to an adverse action
carried out under this subsection.
``(c) No Limitation on Other Adverse Actions.--With respect to a
prohibited personnel action, if the head of the agency carries out an
adverse action against a supervisor under another provision of law, the
head of the agency may carry out an additional adverse action under
this section based on the same prohibited personnel action.''.
(b) Technical and Conforming Amendment.--The table of sections for
subchapter II of chapter 75 of title 5, United States Code, is amended
by adding at the end the following:
``7515. Discipline of supervisors based on retaliation against
whistleblowers.''.
SEC. 2126. SUICIDE BY EMPLOYEES.
(a) Referral.--The head of an agency shall refer to the Office of
Special Counsel, along with any information known to the agency
regarding the circumstances described in paragraphs (2) and (3), any
instance in which the head of the agency has information indicating--
(1) an employee of the agency committed suicide;
(2) prior to the death of the employee, the employee made
any disclosure of information which reasonably evidences--
(A) any violation of any law, rule, or regulation;
or
(B) gross mismanagement, a gross waste of funds, an
abuse of authority, or a substantial and specific
danger to public health or safety; and
(3) after a disclosure described in paragraph (2), a
personnel action was taken against the employee.
(b) Office of Special Counsel Review.--For any referral to the
Office of Special Counsel under subsection (a), the Office of Special
Counsel shall--
(1) examine whether any personnel action was taken because
of any disclosure of information described in subsection
(a)(2); and
(2) take any action the Office of Special Counsel
determines appropriate under subchapter II of chapter 12 of
title 5, United States Code.
SEC. 2127. TRAINING FOR SUPERVISORS.
In consultation with the Office of Special Counsel and the
Inspector General of the agency (or senior ethics official of the
agency for an agency without an Inspector General), the head of each
agency shall provide training regarding how to respond to complaints
alleging a violation of whistleblower protections (as defined in
section 2307 of title 5, United States Code, as added by section 2128)
available to employees of the agency--
(1) to employees appointed to supervisory positions in the
agency who have not previously served as a supervisor; and
(2) on an annual basis, to all employees of the agency
serving in a supervisory position.
SEC. 2128. INFORMATION ON WHISTLEBLOWER PROTECTIONS.
(a) Existing Provision.--
(1) In general.--Section 2302 of title 5, United States
Code, is amended--
(A) by striking subsection (c); and
(B) by redesignating subsections (d), (e), and (f)
as subsections (c), (d), and (e), respectively.
(2) Technical and conforming amendments.--
(A) Section 4505a(b)(2) of title 5, United States
Code, is amended by striking ``section 2302(d)'' and
inserting ``section 2302(c)''.
(B) Section 5755(b)(2) of title 5, United States
Code, is amended by striking ``section 2302(d)'' and
inserting ``section 2302(c)''.
(C) Section 110(b)(2) of the Whistleblower
Protection Enhancement Act of 2012 (5 U.S.C. 2302 note)
is amended by striking ``section 2303(f)(1) or (2)''
and inserting ``section 2303(e)(1) or (2)''.
(D) Section 704 of the Homeland Security Act of
2002 (6 U.S.C. 344) is amended by striking ``2302(c)''
each place it appears and inserting ``2307''.
(E) Section 1217(d)(3) of the Panama Canal Act of
1979 (22 U.S.C. 3657(d)(3)) is amended by striking
``section 2302(d)'' and inserting ``section 2302(c)''.
(F) Section 1233(b) of the Panama Canal Act of 1979
(22 U.S.C. 3673(b)) is amended by striking ``section
2302(d)'' and inserting ``section 2302(c)''.
(b) Provision of Information.--Chapter 23 of title 5, United States
Code, is amended by adding at the end the following:
``Sec. 2307. Information on whistleblower protections
``(a) Definitions.--In this section--
``(1) the term `agency' has the meaning given that term in
section 2302;
``(2) the term `new employee' means an individual--
``(A) appointed to a position as an employee of an
agency on or after the date of enactment of the Dr.
Chris Kirkpatrick Whistleblower Protection Act of 2016;
and
``(B) who has not previously served as an employee;
and
``(3) the term `whistleblower protections' means the
protections against and remedies for a prohibited personnel
practice described in paragraph (8), subparagraph (A)(i), (B),
(C), or (D) of paragraph (9), or paragraph (14) of section
2302(b).
``(b) Responsibilities of Head of Agency.--The head of each agency
shall be responsible for the prevention of prohibited personnel
practices, for the compliance with and enforcement of applicable civil
service laws, rules, and regulations, and other aspects of personnel
management, and for ensuring (in consultation with the Special Counsel
and the Inspector General of the agency) that employees of the agency
are informed of the rights and remedies available to them under this
chapter and chapter 12, including--
``(1) information regarding whistleblower protections
available to new employees during the probationary period;
``(2) the role of the Office of Special Counsel and the
Merit Systems Protection Board with regard to whistleblower
protections; and
``(3) 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 Counsel, the Inspector
General of an agency, Congress, or other agency employee
designated to receive such disclosures.
``(c) Timing.--The head of each agency shall ensure that the
information required to be provided under subsection (b) is provided to
each new employee of the agency not later than 6 months after the date
the new employee is appointed.
``(d) 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 agency, and on any
online portal that is made available only to employees of the agency if
one exists.
``(e) Delegees.--Any employee to whom the head of an agency
delegates authority for personnel management, or for any aspect
thereof, shall, within the limits of the scope of the delegation, be
responsible for the activities described in subsection (b).''.
(c) Technical and Conforming Amendment.--The table of sections for
chapter 23 of title 5, United States Code, is amended by adding at the
end the following:
``2307. Information on whistleblower protections.''.
PART II--DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES
SEC. 2141. PREVENTION OF UNAUTHORIZED ACCESS TO MEDICAL RECORDS OF
EMPLOYEES OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) Development of Plan.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall--
(A) 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 records;
(B) submit to the appropriate committees of
Congress the plan developed under subparagraph (A); and
(C) upon request, provide a briefing to the
appropriate committees of Congress with respect to the
plan developed under subparagraph (A).
(2) Elements.--The plan required under paragraph (1) shall
include the following:
(A) A detailed assessment of strategic goals of the
Department for the prevention of unauthorized access to
the medical records of employees of the Department.
(B) 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 Department.
(C) 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 records.
(D) Steps the Secretary will take, including plans
to issue new regulations, as necessary, 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 format.
(E) A proposed timetable for the implementation of
such plan.
(F) An estimate of the costs associated with
implementing such plan.
(b) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Homeland Security and Governmental
Affairs and the Committee on Veterans' Affairs of the Senate;
and
(2) the Committee on Oversight and Government Reform and
the Committee on Veterans' Affairs of the House of
Representatives.
SEC. 2142. 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 services, including telemedicine
options, that are available to them.
SEC. 2143. 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 care.
SEC. 2144. 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 reporting, staffing, accountability, and chain of command
structure of the Department of Veterans Affairs police officers at
medical centers of the Department.
Subtitle B--Enhanced Whistleblower Protection for Contractor and
Grantee Employees
SEC. 2201. ENHANCEMENT OF WHISTLEBLOWER PROTECTION FOR CONTRACTOR AND
GRANTEE EMPLOYEES.
(a) Protection for Employees of Grantees and Subgrantees.--
(1) Defense grants.--Section 2409(a)(1) of title 10, United
States Code, is amended by inserting ``or personal services
contractor'' after ``subgrantee''.
(2) Civilian grants.--Section 4712(a)(1) of title 41,
United States Code, is amended by striking ``or grantee'' and
inserting ``grantee, or subgrantee or personal services
contractor''.
(b) Prohibition on Reimbursement for Legal Fees Accrued in Defense
Against Reprisal Claims.--
(1) Defense contracts.--Section 2324(k) of title 10, United
States Code, is amended--
(A) by inserting ``or subcontractor, or personal
services contractor'' after ``contractor'' each place
it appears;
(B) by inserting ``or subcontract'' after
``contract'' each place it appears; and
(C) in paragraph (1), by inserting ``or to any
other activity described in subparagraphs (A) through
(C) of section 2409(a)(1) of this title'' after
``statute or regulation''.
(2) Civilian contracts.--
(A) In general.--Section 4310 of title 41, United
States Code, is amended--
(i) by inserting ``or subcontractor, or
personal services contractor'' after
``contractor'' each place it appears;
(ii) by inserting ``or subcontract'' after
``contract'' each place it appears; and
(iii) in subsection (b)(1), by inserting
``or to any other activity described in section
4712(a)(1) of this title'' after ``statute or
regulation''.
(B) Conforming amendment.--Section 4304(a)(15) of
title 41, United States Code, is amended by inserting
``or subcontractor, or personal service contractor''
after ``contractor''.
(c) 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 Act, 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 827 of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1833).
Subtitle C--Office of Special Counsel Reauthorization
SEC. 2301. SHORT TITLE.
This subtitle may be cited as the ``Office of Special Counsel
Reauthorization Act of 2016''.
SEC. 2302. ADEQUATE ACCESS OF SPECIAL COUNSEL TO INFORMATION.
Section 1212(b) of title 5, United States Code, is amended by
adding at the end the following:
``(5)(A) The Special Counsel, in carrying out this subchapter--
``(i) shall have timely access to all records, data,
reports, audits, reviews, documents, papers, recommendations,
or other material available to the applicable agency which
relate to a matter within the jurisdiction or authority of the
Special Counsel;
``(ii) 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 subchapter; and
``(iii) may require, during an investigation, review, or
inquiry of an agency, 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 Counsel.
``(B)(i) A claim of common law privilege by an agency, or an
officer or employee of an agency, shall not prevent the Special Counsel
from obtaining any material described in subparagraph (A)(i) with
respect to the agency.
``(ii) The submission of material described in subparagraph (A)(i)
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 proceeding.
``(iii) With respect to any record or other information made
available to the Special Counsel by an agency under subparagraph (A),
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 subchapter.
``(6) The Special Counsel shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate, the Committee on
Oversight and Government Reform of the House of Representatives, 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 (5)(A).''.
SEC. 2303. PROHIBITED PERSONNEL PRACTICES; INFORMATION ON WHISTLEBLOWER
PROTECTIONS.
Section 2302 of title 5, United States Code, is amended--
(1) in subsection (a)(2)(A)--
(A) in clause (xi), by striking ``and'' at the end;
(B) by redesignating clause (xii) as clause (xiii);
and
(C) by inserting after clause (xi) the following:
``(xii) for the purposes of paragraph (8) or (9) of
subsection (b), the accessing of a medical record of
the employee or applicant for employment; and'';
(2) in subsection (b)(9)(D), by inserting ``, rule, or
regulation'' after ``order''; and
(3) by striking subsection (c) and inserting the following:
``(c)(1) In this subsection--
``(A) the term `new employee' means an individual--
``(i) appointed to a position as an employee on or
after the date of enactment of the Office of Special
Counsel Reauthorization Act of 2016; and
``(ii) who has not previously served as an
employee; and
``(B) the term `whistleblower protections' means the
protections against and remedies for a prohibited personnel
practice described in paragraph (8) or subparagraph (A)(i),
(B), (C), or (D) of paragraph (9) of subsection (b).
``(2) The head of each agency shall be responsible for--
``(A) preventing prohibited personnel practices;
``(B) complying with and enforcing applicable civil service
laws, rules, and regulations, and other aspects of personnel
management; and
``(C) ensuring, in consultation with the Special Counsel
and the Inspector General of the agency, that employees of the
agency are informed of the rights and remedies available to the
employees under this chapter and chapter 12, including--
``(i) information with respect to whistleblower
protections available to new employees during a
probationary period;
``(ii) the role of the Office of Special Counsel
and the Merit Systems Protection Board with respect to
whistleblower protections; and
``(iii) the means by which, 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 affairs,
an employee may make a lawful disclosure of the
information to--
``(I) the Special Counsel;
``(II) the Inspector General of an agency;
``(III) Congress; or
``(IV) another employee of the agency who
is designated to receive such a disclosure.
``(3) The head of each agency shall ensure that the information
described in paragraph (2) is provided to each new employee of the
agency not later than 180 days after the date on which the new employee
is appointed.
``(4) 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 agency, if such portal
exists.
``(5) Any employee to whom the head of an agency delegates
authority for any aspect of personnel management shall, within the
limits of the scope of the delegation, be responsible for the
activities described in paragraph (2).''.
SEC. 2304. ADDITIONAL WHISTLEBLOWER PROVISIONS.
(a) Explanations for Failure to Take Action.--Section 1213 of title
5, United States Code, is amended--
(1) in subsection (b), by striking ``15 days'' and
inserting ``45 days'';
(2) in subsection (e)--
(A) in paragraph (1), by striking ``Any such
report'' and inserting ``Any report required under
subsection (c) or paragraph (5) of this subsection'';
(B) by striking paragraph (2) and inserting the
following:
``(2) Upon receipt of any report that the head of
an agency is required to submit under subsection (c),
the Special Counsel shall review the report and
determine whether--
``(A) the findings of the head of the
agency appear reasonable; and
``(B) if the Special Counsel requires the
head of the agency to submit a supplemental
report under paragraph (5), the reports
submitted by the head of the agency
collectively contain the information required
under subsection (d).'';
(C) in paragraph (3), by striking ``agency report
received pursuant to subsection (c) of this section''
and inserting ``report submitted to the Special Counsel
by the head of an agency under subsection (c) or
paragraph (5) of this subsection''; and
(D) by adding at the end the following:
``(5) If, after conducting a review of a report under paragraph
(2), 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 sufficient, the
Special Counsel may request that the head of the agency submit a
supplemental report--
``(A) containing the additional information or
documentation identified by the Special Counsel; and
``(B) which the head of the agency shall submit to the
Special Counsel within a period of time specified by the
Special Counsel.''; and
(3) by striking subsection (h) and inserting the following:
``(h) 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 552a or as required by
any other provision of Federal law.''.
(b) Retaliatory Investigations.--Section 1214 of title 5, United
States Code, is amended by adding at the end the following:
``(i) The Special Counsel may petition the Board to order
corrective action, including fees, costs, or damages reasonably
incurred by an employee due to an investigation of the employee by an
agency, if the investigation by an agency was commenced, expanded, or
extended in retaliation for a disclosure or protected activity
described under section 2302(b)(8) or section 2302(b)(9)(A)(i), (B),
(C), or (D), even if no personnel action, as defined under section
2302(a), is taken or not taken.''.
(c) Sensitive Positions.--Section 7701 of title 5, United States
Code, is amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following:
``(k)(1) 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--
``(A) the sensitive position does not require a security
clearance or access to classified information; and
``(B) such action is otherwise appealable.
``(2) In this subsection, the term `sensitive position' means a
position designated as a sensitive position under Executive Order 10450
(5 U.S.C. 7311 note), or any successor thereto.''.
(d) Protection of Whistleblowers as Criteria in Performance
Appraisals.--
(1) Establishment of systems.--Section 4302 of title 5,
United States Code, is amended--
(A) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively; and
(B) by inserting after subsection (a) the
following:
``(b)(1) The head of each agency, in consultation with the Director
of the Office of Personnel Management and the Special Counsel, shall
develop criteria that--
``(A) the head of the agency shall use as a critical
element for establishing the job requirements of a supervisory
employee; and
``(B) promote the protection of whistleblowers.
``(2) The criteria required under paragraph (1) shall include
principles for the protection of whistleblowers, such as the degree to
which supervisory employees--
``(A) respond constructively when employees of the agency
make disclosures described in subparagraph (A) or (B) of
section 2302(b)(8);
``(B) take responsible actions to resolve such disclosures;
and
``(C) foster an environment in which employees of the
agency feel comfortable making such disclosures to supervisory
employees or other appropriate authorities.
``(3) In this subsection--
``(A) the term `agency' means any entity the employees of
which are covered by paragraphs (8) and (9) of section 2302(b),
without regard to whether any other provision of this section
is applicable to the entity;
``(B) the term `supervisory employee' means an employee who
would be a supervisor, as defined in section 7103(a), if the
agency employing the employee was an agency for purposes of
chapter 71; and
``(C) the term `whistleblower' means an employee who makes
a disclosure described in section 2302(b)(8).''.
(2) Criteria for performance appraisals.--Section 4313 of
title 5, United States Code is amended--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(6) protecting whistleblowers, as described in section
4302(b)(2).''.
(e) Annual Report to Congress on Unacceptable Performance in
Whistleblower Protection.--
(1) Definitions.--In this subsection, the terms ``agency''
and ``whistleblower'' have the meanings given the terms in
section 4302(b)(3) of title 5, United States Code, as amended
by subsection (d).
(2) Report.--Each agency shall annually submit to the
Committee on Homeland Security and Governmental Affairs of the
Senate, the Committee on Oversight and Government Reform of the
House of Representatives, and each committee of Congress with
jurisdiction over the agency a report that details--
(A) the number of performance appraisals, for the
year covered by the report, that determined that an
employee of the agency failed to meet the standards for
protecting whistleblowers that were established under
section 4302(b) of title 5, United States Code, as
amended by subsection (d);
(B) the reasons for the determinations described in
subparagraph (A); and
(C) each disciplinary or corrective action taken by
the agency in response to a determination under
subparagraph (A).
(f) Technical and Conforming Amendment.--Section 4301 of title 5,
United States Code, is amended, in the matter preceding paragraph (1),
by striking ``For the purpose of'' and inserting ``Except as otherwise
expressly provided, for the purpose of''.
SEC. 2305. TERMINATION OF CERTAIN INVESTIGATIONS BY THE OFFICE OF
SPECIAL COUNSEL.
Section 1214(a) of title 5, United States Code, is amended--
(1) in paragraph (1)(D), in the first sentence, by
inserting ``other than a termination of an investigation
described in paragraph (6)(A)'' after ``investigation of a
prohibited personnel practice''; and
(2) by adding at the end the following:
``(6)(A) Not later than 30 days after receiving an allegation of a
prohibited personnel practice under paragraph (1), 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--
``(i) the same allegation, based on the same set of facts
and circumstances had previously been--
``(I)(aa) made by the individual; and
``(bb) investigated by the Special Counsel; or
``(II) filed by the individual with the Merit
Systems Protection Board;
``(ii) the Special Counsel does not have jurisdiction to
investigate the allegation; or
``(iii) the individual knew or should have known of the
alleged prohibited personnel practice on or before the date
that is 3 years before the date on which the Special Counsel
received the allegation.
``(B) Not later than 30 days after the date on which the Special
Counsel terminates an investigation under subparagraph (A), 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 investigation.''.
SEC. 2306. ALLEGATIONS OF WRONGDOING WITHIN THE OFFICE OF SPECIAL
COUNSEL.
Section 1212 of title 5, United States Code, is amended by adding
at the end the following:
``(i) The Special Counsel shall enter into at least 1 agreement
with the Inspector General of an agency under which--
``(1) the Inspector General shall--
``(A) receive, review, and investigate allegations
of prohibited personnel practices or wrongdoing filed
by employees of the Office of Special Counsel; and
``(B) develop a method for an employee of the
Office of Special Counsel to directly communicate with
the Inspector General; and
``(2) the Special Counsel--
``(A) 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 agreement; and
``(B) may reimburse the Inspector General for
services provided under the agreement.''.
SEC. 2307. REPORTING REQUIREMENTS.
(a) Annual Report.--Section 1218 of title 5, United States Code, is
amended to read as follows:
``Sec. 1218. Annual report
``The Special Counsel shall submit to Congress, on an annual basis,
a report on the activities of the Special Counsel, which shall include,
for the year preceding the submission of the report--
``(1) the number, types, and disposition of allegations of
prohibited personnel practices filed with the Special Counsel
and the costs of resolving such allegations;
``(2) the number of investigations conducted by the Special
Counsel;
``(3) the number of stays or disciplinary actions
negotiated with agencies by the Special Counsel;
``(4) the number of subpoenas issued by the Special
Counsel;
``(5) 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 investigation;
``(6) the actions that resulted from reopening
investigations as described in paragraph (5);
``(7) the number of instances in which the Special Counsel
did not make a determination before the end of the 240-day
period described in section 1214(b)(2)(A)(i) regarding whether
there were reasonable grounds to believe that a prohibited
personnel practice had occurred, existed, or was to be taken;
``(8) 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 reports;
``(9) the number of--
``(A) actions initiated before the Merit Systems
Protection Board, including the number of corrective
action petitions and disciplinary action complaints
initiated;
``(B) stays and extensions of stays obtained from
the Merit Systems Protection Board; and
``(C) requests for enforcement of subpoenas or
requests for enforcement by the Merit Systems
Protection Board described in section 1212(b)(6);
``(10) the number of prohibited personnel practice
complaints that resulted in--
``(A) a favorable action for the complainant,
organized by actions in--
``(i) complaints dealing with reprisals
against whistleblowers; and
``(ii) all other complaints; and
``(B) a favorable outcome for the complainant,
organized by outcomes in--
``(i) complaints dealing with reprisals
against whistleblowers; and
``(ii) all other complaints;
``(11) 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 practice, as defined
in section 2302(b); and
``(12) the results for the Office of Special Counsel of any
employee viewpoint survey conducted by the Office of Personnel
Management or any other agency.''.
(b) Public Information.--Section 1219(a)(1) of title 5, United
States Code, is amended to read as follows:
``(1) a list of any noncriminal matters referred to the
head of an agency under section 1213(c), together with--
``(A) a copy of the information transmitted to the
head of the agency under section 1213(c)(1);
``(B) any report from the agency under section
1213(c)(1)(B) relating to the matter;
``(C) if appropriate, not otherwise prohibited by
law, and consented to by the complainant, any comments
from the complainant under section 1213(e)(1) relating
to the matter; and
``(D) the comments or recommendations of the
Special Counsel under paragraph (3) or (4) of section
1213(e);''.
SEC. 2308. ESTABLISHMENT OF SURVEY PILOT PROGRAM.
(a) In General.--The Office of Special Counsel shall design and
establish a pilot program under which the Office shall conduct, during
the period beginning on October 1, 2017 and ending on September 30,
2018, a survey of individuals who have filed a complaint or disclosure
with the Office.
(b) Purpose.--The survey under subsection (a) 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 Counsel.
(c) Results.--The results of the survey under subsection (a) shall
be published in the annual report of the Office of Special Counsel.
(d) Suspension of Other Surveys.--During the period beginning on
October 1, 2017 and ending on September 30, 2018, section 13 of the Act
entitled ``An Act to reauthorize the Office of Special Counsel, and for
other purposes'', approved October 29, 1994 (5 U.S.C. 1212 note), shall
have no force or effect.
SEC. 2309. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 8(a)(2) of the Whistleblower Protection
Act of 1989 (5 U.S.C. 5509 note) is amended by striking ``2003, 2004,
2005, 2006, and 2007'' and inserting ``2016 through 2021''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as though enacted on September 30, 2015.
Calendar No. 505
114th CONGRESS
2d Session
S. 3011
_______________________________________________________________________
A BILL
To improve the accountability, efficiency, transparency, and overall
effectiveness of the Federal Government.
_______________________________________________________________________
June 6, 2016
Read the second time and placed on the calendar