I 
115TH CONGRESS 
2D SESSION 
H. R. 6891 
To strengthen and enhance the authority to discipline officers and employees 
of the Federal Government for violating the Anti-Deficiency Act, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 25, 2018 
Mr. MITCHELL introduced the following bill; which was referred to the 
Committee on Oversight and Government Reform 
A BILL 
To strengthen and enhance the authority to discipline officers 
and employees of the Federal Government for violating 
the Anti-Deficiency Act, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘The Anti-Deficiency 
Reform and Enforcement Act of 2018’’. 
SEC. 2. ADVERSE ACTIONS FOR VIOLATIONS OF THE ANTI- 
DEFICIENCY ACT. 
(a) EXPENDING
OR OBLIGATING AMOUNTS; VOL-
UNTARY SERVICES.— 
VerDate Sep 11 2014 
22:22 Sep 26, 2018
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6891.IH
H6891
amozie on DSK3GDR082PROD with BILLS
(1) IN
GENERAL.—Section 1349 of title 31, 
United States Code, is amended— 
(A) in subsection (a), by striking ‘‘An offi-
cer’’ and inserting ‘‘Consistent with the require-
ments of subsections (b) and (c), an officer’’; 
and 
(B) by striking subsection (b) and insert-
ing the following: 
‘‘(b)(1) The head of an agency shall remove, or in 
the case of a temporary or probationary employee, termi-
nate the employment of, an officer or employee of the 
United States Government if the head determines that 
such officer or employee knowingly violated section 
1341(a) or 1342, as described under paragraph (2). 
‘‘(2) An officer or employee of the United States Gov-
ernment who committed an act in violation of section 
1341(a) or 1342 did so knowingly if such officer or em-
ployee— 
‘‘(A) acted with actual knowledge that his or 
her actions would violate section 1341(a) or 1342; or 
‘‘(B) acted in reckless disregard of whether his 
or her actions would violate section 1341(a) or 1342. 
‘‘(c)(1) The head of an agency shall take an appro-
priate adverse action against an officer or employee of the 
United States Government for a violation of section 
VerDate Sep 11 2014 
22:22 Sep 26, 2018
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6891.IH
H6891
amozie on DSK3GDR082PROD with BILLS
penditure in violation of section 1517(a), as described 
under paragraph (2). 
‘‘(2) An officer or employee of the United States Gov-
ernment who committed an act in violation of section 
1517(a) did so knowingly if such officer or employee— 
‘‘(A) acted with actual knowledge that his or 
her actions would violate section 1517(a); or 
‘‘(B) acted in reckless disregard of whether his 
or her actions would violate section 1517(a). 
‘‘(c)(1) The head of an agency shall take an appro-
priate adverse action against an officer or employee of the 
United States Government for a violation of section 
1517(a) if the head determines that the failure of such 
officer or employee to exercise reasonable care in carrying 
out his or her duties led to such violation. 
‘‘(2) An appropriate adverse action under this sub-
section shall be removal (or termination in the case of a 
temporary or probationary employee), demotion, or sus-
pension.’’. 
(2) REPORTS.—Section 1517(b) of title 31, 
United States Code, is amended— 
(A) by striking ‘‘(b) If an officer’’ and in-
serting ‘‘(b)(1) If an officer’’; 
(B) by inserting after ‘‘actions taken’’ the 
following: ‘‘, including, with respect to an offi-
VerDate Sep 11 2014 
22:22 Sep 26, 2018
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6891.IH
H6891
amozie on DSK3GDR082PROD with BILLS
cer or employee of the United States Govern-
ment, whether the violation was committed 
knowingly (as described in section 1518(b)) or 
whether a failure to exercise reasonable care in 
carrying out duties led to the violation’’; 
(C) by striking ‘‘Congress’’ each place it 
appears and inserting ‘‘the appropriate congres-
sional committees’’; and 
(D) by adding at the end the following: 
‘‘(2) In this subsection, the term ‘appropriate con-
gressional committees’ means the Committee on Oversight 
and Government Reform of the House of Representatives 
and the Committee on Homeland Security and Govern-
mental Affairs of the Senate.’’. 
(c) CLARIFICATION OF APPEAL RIGHTS.—Nothing in 
this section or the amendments made by this section shall 
be construed to— 
(1) waive, modify, or otherwise affect the right 
of an officer or employee of the United States Gov-
ernment to appeal an adverse action taken against 
such an officer or employee for a violation of section 
1349 or 1518 of title 31, United States Code, (as 
amended by subsections (a)(1) and (b)(1), respec-
tively), including an appeal to the Merit Systems 
VerDate Sep 11 2014 
22:22 Sep 26, 2018
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6891.IH
H6891
amozie on DSK3GDR082PROD with BILLS
Protection Board, if such a right is afforded by any 
other provision of law, rule, or regulation; or 
(2) extend or otherwise grant any appeal right 
with respect to such an adverse action to an officer 
or employee of the United States Government who 
is not otherwise afforded such a right under any 
other provision of law, rule, or regulation. 
SEC. 3. LEGAL OPINIONS RELATING TO POTENTIAL VIOLA-
TIONS OF THE ANTI-DEFICIENCY ACT. 
(a) IN GENERAL.—Subchapter II of chapter 7 of sub-
title I of title 31, United States Code, is amended by add-
ing at the end the following: 
‘‘§ 722. Legal opinions relating to potential violations 
of the Anti-Deficiency Act 
‘‘(a)(1) Not later than 100 days after the date on 
which the Committee on Oversight and Government Re-
form of the House of Representatives or the Committee 
on Homeland Security and Governmental Affairs of the 
Senate requests a legal opinion from the Comptroller Gen-
eral relating to a potential violation of section 1341, 1342, 
or 1517 by an officer or employee of the United States 
Government, the Comptroller General shall submit such 
opinion to— 
‘‘(A) each Committee; and 
VerDate Sep 11 2014 
22:22 Sep 26, 2018
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6891.IH
H6891
amozie on DSK3GDR082PROD with BILLS
‘‘(B) the employing entity of such officer 
or employee. 
‘‘(2) The legal opinion required under paragraph (1) 
shall— 
‘‘(A) address whether the alleged violation of 
section 1341, 1342, or 1517 occurred; 
‘‘(B) include recommendations to the employing 
entity, including whether the entity should submit a 
report under section 1351 or 1517(b); and 
‘‘(C) take into consideration any report sub-
mitted by the employing entity of such officer or em-
ployee under subsection (b). 
‘‘(b) Before submitting a legal opinion under sub-
section (a)(1), the Comptroller General shall notify the ap-
plicable employing entity of the request for a legal opinion, 
and such entity shall submit to the Comptroller General 
a report, including any relevant documents, on such re-
quest— 
‘‘(1) not later than 45 days after the date on 
which the entity receives the notice; or 
‘‘(2) if the Comptroller General determines that 
a shorter or longer period is appropriate based on 
the specific circumstances of the request, within 
such shorter or longer period. 
VerDate Sep 11 2014 
22:22 Sep 26, 2018
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6891.IH
H6891
amozie on DSK3GDR082PROD with BILLS
‘‘(c) With respect to any case in which the Comp-
troller General determines under subsection (b)(2) that a 
longer period for the submission of a complete report is 
appropriate, such period may not extend the deadline for 
the submission of a legal opinion by the Comptroller Gen-
eral under subsection (a)(1). 
‘‘(d) Not later than 60 days after receiving a legal 
opinion under subsection (a), the employing entity shall 
submit a report on actions taken or planned to be taken 
on any recommendation in the opinion, in accordance with 
section 720(b). 
‘‘(e) With respect to the computation of any period 
of time under this section, the following rules apply: 
‘‘(1) The period does not include the date on 
which the request is submitted under subsection 
(a)(1), notice is provided under subsection (b), or a 
legal opinion is received under subsection (d), as the 
case may be. 
‘‘(2) In the case of a period with respect to 
which the last day is a Saturday, Sunday, legal holi-
day, or a day on which weather or other conditions 
cause the closing of the Government Accountability 
Office, the next day that is not any such day is the 
last day of that period.’’. 
VerDate Sep 11 2014 
22:22 Sep 26, 2018
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6891.IH
H6891
amozie on DSK3GDR082PROD with BILLS
(b) CLERICAL AMENDMENT.—The table of sections 
of subchapter II of chapter 7 of title 31, United States 
Code, is amended by inserting after the item relating to 
section 721 the following: 
‘‘722. Legal opinions relating to potential violations of the Anti-Deficiency Act.’’. 
SEC. 4. AWARDS FOR ANTI-DEFICIENCY ACT DISCLOSURES. 
(a) IN GENERAL.—Subchapter II of chapter 45 of 
title 5, United States Code, is amended by adding after 
section 4513 the following: 
‘‘§ 4514. Agency awards for disclosures of Anti-Defi-
ciency Act violations 
‘‘(a) The Inspector General of an agency, or any 
other agency employee designated under subsection (b), 
may award a cash payment to any employee of such agen-
cy whose disclosure of a potential Anti-Deficiency Act vio-
lation to the Inspector General, or to such other des-
ignated agency employee, resulted in a report of an Anti- 
Deficiency Act violation under section 1351 or 1517(b) of 
title 31. An award under this section shall be derived from 
the appropriations account of the agency used for em-
ployee awards or bonuses, subject to the availability of ap-
propriations. The amount of an award under this section 
may not exceed the lesser of— 
‘‘(1) $1,000; or 
‘‘(2) an amount equal to 1 percent of the 
amount of such violation. 
VerDate Sep 11 2014 
22:22 Sep 26, 2018
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6891.IH
H6891
amozie on DSK3GDR082PROD with BILLS
‘‘(b) In the case of an agency for which there is no 
Inspector General, the head of the agency shall designate 
an agency employee who shall have the authority to make 
the determinations and grant the awards permitted under 
this section. 
‘‘(c) In making cash awards under this chapter, the 
President or the head of an agency may take into account 
an employee’s— 
‘‘(1) disclosure of a potential Anti-Deficiency 
Act violation; or 
‘‘(2) recommendations to mitigate or prevent 
any Anti-Deficiency Act violation. 
‘‘(d) In this section, the term ‘Anti-Deficiency Act 
violation’ means a violation of section 1341(a), 1342, or 
1517(a) of title 31.’’. 
(b) CLERICAL AMENDMENTS.— 
(1) TABLE OF SECTIONS.—The table of sections 
for subchapter II of chapter 45 of title 5, United 
States Code, is amended— 
(A) by striking the item relating to sub-
chapter II and inserting the following: 
‘‘SUBCHAPTER II—AWARDS FOR DISCLOSURES’’; and 
(B) by inserting after the item relating to 
section 4513 the following: 
‘‘4514. Agency awards for disclosures of Anti-Deficiency Act violations.’’. 
VerDate Sep 11 2014 
22:22 Sep 26, 2018
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6211
E:\BILLS\H6891.IH
H6891
amozie on DSK3GDR082PROD with BILLS
(2) SUBCHAPTER HEADING.—The heading for 
such subchapter is amended by striking ‘‘COST 
SAVINGS’’. 
SEC. 5. INSPECTOR GENERAL REVIEWS. 
(a) IN GENERAL.—Not later than November 30, 
2019, and every two years thereafter, the Inspector Gen-
eral of each agency shall, to the extent practicable, con-
duct an assessment of the applicable agency— 
(1) assessing whether an Anti-Deficiency Act 
violation occurred in the preceding two fiscal years 
that was not reported under section 1351 or 1517(b) 
of title 31, United States Code; and 
(2) identifying internal controls, policies, proce-
dures, rules, regulations, or management practices 
that may be contributing to any such violation, or 
could contribute to such violations. 
(b) REPORT.—The Inspector General shall include 
the results of the assessment under subsection (a) as part 
of the appropriate semiannual report submitted pursuant 
to section 5 of the Inspector General Act of 1978 (5 
U.S.C. App.) and shall include in such report rec-
ommendations to reduce Anti-Deficiency Act violations. 
(c) COORDINATION.—The Inspectors General shall 
coordinate with each other to share best practices and 
VerDate Sep 11 2014 
22:22 Sep 26, 2018
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H6891.IH
H6891
amozie on DSK3GDR082PROD with BILLS
methodologies for conducting the assessment required 
under subsection (a). 
(d) DEFINITION OF ANTI-DEFICIENCY ACT VIOLA-
TION.—In this section, the term ‘‘Anti-Deficiency Act vio-
lation’’ means a violation of section 1341(a), 1342, or 
1517(a) of title 31, United States Code. 
Æ 
VerDate Sep 11 2014 
22:22 Sep 26, 2018
Jkt 079200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6301
E:\BILLS\H6891.IH
H6891
amozie on DSK3GDR082PROD with BILLS