IIB 
114TH CONGRESS 
2D SESSION 
H. R. 4361 
IN THE SENATE OF THE UNITED STATES 
JULY 7, 2016 
Received; read twice and referred to the Committee on Homeland Security and 
Governmental Affairs 
AN ACT 
To amend section 3554 of title 44, United States Code, 
to provide for enhanced security of Federal information 
systems, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Government Reform and Improvement Act of 2016’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—FEDERAL INFORMATION SYSTEMS SAFEGUARDS 
Sec. 101. Agency discretion to secure information technology and information 
systems. 
TITLE II—ELIMINATING PORNOGRAPHY FROM AGENCIES 
Sec. 201. Prohibition on accessing pornographic web sites from federal com-
puters. 
TITLE III—EXTENSION OF PROBATIONARY PERIOD FOR CAREER 
EMPLOYEES 
Sec. 301. Extension of probationary period for positions within the competitive 
service. 
Sec. 302. Appeals from adverse actions. 
TITLE IV—SENIOR EXECUTIVE SERVICE ACCOUNTABILITY 
Sec. 401. Biennial justification of Senior Executive Service positions. 
Sec. 402. Extension of probationary period for career appointees. 
Sec. 403. Modification of pay retention for career appointees removed for under 
performance. 
Sec. 404. Advanced establishment of performance requirements under Senior 
Executive Service performance appraisal systems. 
Sec. 405. Amendments with respect to adverse actions against career ap-
pointees. 
Sec. 406. Mandatory leave for career appointees subject to removal. 
Sec. 407. Expedited removal of career appointees for performance or mis-
conduct. 
Sec. 408. Mandatory reassignment of career appointees. 
TITLE V—OPM REPORT ON OFFICIAL TIME 
Sec. 501. Reporting requirement. 
TITLE VI—MIDNIGHT RULE RELIEF 
Sec. 601. Moratorium on midnight rules. 
Sec. 602. Special rule on statutory, regulatory, and judicial deadlines. 
Sec. 603. Exception. 
Sec. 604. Judicial review. 
Sec. 605. Definitions. 
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TITLE VII—REQUIREMENT TO MAINTAIN RECORDS 
Sec. 701. Requirement to maintain records. 
TITLE 
I—FEDERAL 
INFORMA-
TION SYSTEMS SAFEGUARDS 
SEC. 101. AGENCY DISCRETION TO SECURE INFORMATION 
TECHNOLOGY AND INFORMATION SYSTEMS. 
(a) IN GENERAL.—In carrying out section 3554 of 
title 44, United States Code, any action taken by the head 
of an agency that is necessary to limit, restrict, or prohibit 
access to any website the head of the agency determines 
to present a current or future security weakness or risk 
to the information technology or information system under 
the control of the agency, and any impact or implementa-
tion of such action, shall not be subject to chapter 71 of 
title 5, United States Code. 
(b) INFORMATION SECURITY PROTOCOL.—An agency 
employee acting in the official capacity of the employee 
may not establish, operate, maintain, or otherwise permit 
the use of information technology that is not certified by 
the appropriate Federal entity responsible for information 
security (either the Director of the Office of Management 
and Budget, the head of the agency, the Secretary of 
Homeland Security, or the Chief Information Officer of 
the agency, as applicable) as in compliance with the estab-
lished information security policies, procedures, and pro-
grams. 
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(c) DEFINITIONS.—In this section— 
(1) the terms ‘‘agency’’ and ‘‘information sys-
tem’’ have the meanings given the terms in section 
3502 of title 44, United States Code; and 
(2) the term ‘‘information technology’’ has the 
meaning given the term in section 3552 of title 44, 
United States Code. 
TITLE 
II—ELIMINATING 
POR-
NOGRAPHY FROM AGENCIES 
SEC. 201. PROHIBITION ON ACCESSING PORNOGRAPHIC 
WEB SITES FROM FEDERAL COMPUTERS. 
(a) PROHIBITION.—Except as provided in subsection 
(b), not later than 90 days after the date of the enactment 
of this Act, the Director of the Office of Management and 
Budget shall issue guidelines that prohibit the access of 
a pornographic or other explicit web site from a Federal 
computer. 
(b) EXCEPTION.—The prohibition described in sub-
section (a) shall not apply to any Federal computer that 
is used for an investigative purpose that requires accessing 
a pornographic web site. 
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TITLE III—EXTENSION OF PRO-
BATIONARY PERIOD FOR CA-
REER EMPLOYEES 
SEC. 301. EXTENSION OF PROBATIONARY PERIOD FOR PO-
SITIONS WITHIN THE COMPETITIVE SERVICE. 
(a) IN GENERAL.—Section 3321 of title 5, United 
States Code, is amended— 
(1) in subsection (a), by striking ‘‘The Presi-
dent’’ and inserting ‘‘Subject to subsections (c) and 
(d), the President’’; 
(2) by redesignating subsection (c) as sub-
section (e); and 
(3) by inserting after subsection (b) the fol-
lowing: 
‘‘(c)(1) Except as provided in paragraph (2), the 
length of a probationary period established under para-
graph (1) or (2) of subsection (a) shall be— 
‘‘(A) with respect to any position that requires 
formal training, a period of 2 years beginning on the 
date that such formal training is completed; 
‘‘(B) with respect to any position that requires 
a license, a period of 2 years beginning on the date 
that such license is granted; and 
‘‘(C) with respect to any position not covered by 
subparagraph (A) or (B), not less than 2 years. 
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‘‘(2) The length of a probationary period established 
under paragraph (1) or (2) of subsection (a) in the case 
of a preference eligible shall be not longer than— 
‘‘(A) if the appointment (as referred to in sub-
section (a)(1)) or the initial appointment (as re-
ferred to in subsection (a)(2)) is to a position that 
exists on the effective date of this subsection, the 
length of the probationary period which applies to 
such position as of such effective date; or 
‘‘(B) if the appointment (as referred to in sub-
section (a)(1)) or the initial appointment (as re-
ferred to in subsection (a)(2)) is to a position that 
does not exist on the effective date of this sub-
section, such length of time as the President may es-
tablish, consistent with the purposes of this subpara-
graph. 
‘‘(3) In paragraph (1)— 
‘‘(A) the term ‘formal training’ means, with re-
spect to any position, a training program required 
by law, rule, or regulation, or otherwise required by 
the employing agency, to be completed by the em-
ployee before the employee is able to successfully 
execute the duties of the applicable position; and 
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‘‘(B) the term ‘license’ means a license, certifi-
cation, or other grant of permission to engage in a 
particular activity. 
‘‘(d) The head of each agency shall, in the adminis-
tration of this section, take appropriate measures to en-
sure that— 
‘‘(1) any announcement of a vacant position 
within such agency and any offer of appointment 
made to any individual with respect to any such po-
sition shall clearly state the terms and conditions of 
the probationary period applicable to such position; 
‘‘(2) any individual who is required to complete 
a probationary period under this section shall receive 
timely notice of the performance and other require-
ments which must be met in order to successfully 
complete the probationary period; and 
‘‘(3) upon successful completion of a proba-
tionary period under this section, certification to 
that effect shall be made, supported by a brief state-
ment of the basis for that certification, in such form 
and manner as the President may by regulation pre-
scribe.’’. 
(b) TECHNICAL AMENDMENT.—Section 3321(e) of 
title 5, United States Code (as so redesignated by sub-
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section (a)(2)) is amended by striking ‘‘Subsections (a) 
and (b)’’ and inserting ‘‘Subsections (a) through (d)’’. 
(c) EFFECTIVE DATE.—This section and the amend-
ments made by this section— 
(1) shall take effect 180 days after the date of 
enactment of this Act; and 
(2) shall apply in the case of any appointment 
(as referred to in section 3321(a)(1) of title 5, 
United States Code) and any initial appointment (as 
referred to in section 3321(a)(2) of such title) tak-
ing effect on or after the date on which this section 
takes effect. 
SEC. 302. APPEALS FROM ADVERSE ACTIONS. 
(a) SUBCHAPTER I OF CHAPTER 75 OF TITLE 5.— 
Section 7501(1) of title 5, United States Code, is amend-
ed— 
(1) by striking ‘‘1 year’’ the first place it ap-
pears and inserting ‘‘not less than 2 years’’; and 
(2) by striking ‘‘1 year’’ the second place it ap-
pears and inserting ‘‘2 years’’. 
(b) SUBCHAPTER II OF CHAPTER 75 OF TITLE 5.— 
Section 7511(a)(1) of title 5, United States Code, is 
amended— 
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(1) in subparagraph (A)(ii), by striking ‘‘1 
year’’ the first place it appears and inserting ‘‘not 
less than 2 years’’; and 
(2) in subparagraph (C)(ii), by striking ‘‘2 
years’’ the first place it appears and inserting ‘‘not 
less than 2 years’’. 
(c) EFFECTIVE DATE.—The amendments made by 
subsections (a) and (b)— 
(1) shall take effect 180 days after the date of 
enactment of this Act; and 
(2) shall apply in the case of any individual 
whose period of continuous service (as referred to in 
the provision of law amended by paragraph (1) or 
(2) of subsection (b), as the case may be) com-
mences on or after the date on which this section 
takes effect. 
TITLE IV—SENIOR EXECUTIVE 
SERVICE ACCOUNTABILITY 
SEC. 401. BIENNIAL JUSTIFICATION OF SENIOR EXECUTIVE 
SERVICE POSITIONS. 
Section 3133(a)(2) of title 5, United States Code, is 
amended by inserting after ‘‘positions’’ the following: ‘‘, 
with a justification for each position (by title and organi-
zational location) and the specific result expected from 
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each position, including the impact of such result on the 
agency mission,’’. 
SEC. 402. EXTENSION OF PROBATIONARY PERIOD FOR CA-
REER APPOINTEES. 
(a) IN GENERAL.—Section 3393(d) of title 5, United 
States Code, is amended by striking ‘‘1-year’’ and insert-
ing ‘‘2-year’’. 
(b) CONFORMING AMENDMENT.—Section 3592(a)(1) 
of such title is amended by striking ‘‘1-year’’ and inserting 
‘‘2-year’’. 
SEC. 403. MODIFICATION OF PAY RETENTION FOR CAREER 
APPOINTEES REMOVED FOR UNDER PER-
FORMANCE. 
Section 3594(c)(1)(B) of title 5, United States Code, 
is amended to read as follows: 
‘‘(B)(i) any career appointee placed under sub-
section (a) or (b)(2) of this section shall be entitled 
to receive basic pay at the highest of— 
‘‘(I) the rate of basic pay in effect for the 
position in which placed; 
‘‘(II) the rate of basic pay in effect at the 
time of the placement for the position the ca-
reer appointee held in the civil service imme-
diately before being appointed to the Senior Ex-
ecutive Service; or 
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‘‘(III) the rate of basic pay in effect for 
the career appointee immediately before being 
placed under subsection (a) or (b) of this sec-
tion; and 
‘‘(ii) any career appointee placed under sub-
section (b)(1) of this section shall be entitled to re-
ceive basic pay at the rate of basic pay in effect for 
the position in which placed; and’’. 
SEC. 404. ADVANCED ESTABLISHMENT OF PERFORMANCE 
REQUIREMENTS UNDER SENIOR EXECUTIVE 
SERVICE 
PERFORMANCE 
APPRAISAL 
SYS-
TEMS. 
Section 4312(b)(1) of title 5, United States Code, is 
amended— 
(1) by striking ‘‘on or’’ and inserting ‘‘not later 
than 30 calendar days’’; and 
(2) by inserting ‘‘in writing’’ after ‘‘commu-
nicated’’. 
SEC. 405. AMENDMENTS WITH RESPECT TO ADVERSE AC-
TIONS AGAINST CAREER APPOINTEES. 
(a) SUSPENSION FOR 14 DAYS OR LESS FOR SENIOR 
EXECUTIVE SERVICE EMPLOYEE.—Paragraph (1) of Sec-
tion 7501 of title 5, United States Code, is amended to 
read as follows: 
‘‘(1) ‘employee’ means— 
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‘‘(A) an individual in the competitive serv-
ice who is not serving a probationary period or 
trial period under an initial appointment or who 
has completed 1 year of current continuous em-
ployment in the same or similar positions under 
other than a temporary appointment limited to 
1 year or less; or 
‘‘(B) a career appointee in the Senior Ex-
ecutive Service who— 
‘‘(i) has completed the probationary 
period prescribed under section 3393(d); or 
‘‘(ii) was covered by the provisions of 
subchapter II of this chapter immediately 
before appointment to the Senior Executive 
Service; and’’. 
(b) MODIFICATION OF CAUSE AND PROCEDURE FOR 
SUSPENSION AND TERMINATION.— 
(1) IN
GENERAL.—Section 7543 of title 5, 
United States Code, is amended— 
(A) in subsection (a), by striking ‘‘mis-
conduct,’’ and inserting ‘‘such cause as would 
promote the efficiency of the service, mis-
conduct,’’; and 
(B) in subsection (b)(1), by striking ‘‘30’’ 
and inserting ‘‘15’’. 
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(2) CONFORMING
AMENDMENTS.—Subchapter 
V of chapter 35 of title 5, United States Code, is 
amended— 
(A) in section 3593— 
(i) in subsection (a)(2), by striking 
‘‘misconduct,’’ and inserting ‘‘such cause 
as would promote the efficiency of the 
service, misconduct,’’; and 
(ii) in subsection (b), by striking 
‘‘misconduct,’’ and inserting ‘‘such cause 
as would promote the efficiency of the 
service, misconduct,’’; and 
(B) in section 3594(a), by striking ‘‘mis-
conduct,’’ and inserting ‘‘such cause as would 
promote the efficiency of the service, mis-
conduct,’’. 
SEC. 406. MANDATORY LEAVE FOR CAREER APPOINTEES 
SUBJECT TO REMOVAL. 
(a) IN GENERAL.—Subchapter II of chapter 63 of 
title 5, United States Code, is amended by adding at the 
end the following: 
‘‘§ 6330. Mandatory leave for Senior Executive Serv-
ice career appointees subject to removal 
‘‘(a) In this section— 
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‘‘(1) the term ‘employee’ means an employee 
(as that term is defined in section 7541(1)) who has 
received written notice of removal from the civil 
service under subchapter V of chapter 75; and 
‘‘(2) the term ‘mandatory leave’ means, with re-
spect to an employee, an absence with pay but with-
out duty during which such employee— 
‘‘(A) shall be charged accrued annual leave 
for the period of such absence; and 
‘‘(B) may not accrue any annual leave 
under section 6303 for the period of such ab-
sence. 
‘‘(b) Under regulations prescribed by the Office of 
Personnel Management, an agency may place an employee 
on mandatory leave for misconduct, neglect of duty, mal-
feasance, or such cause as would promote the efficiency 
of the service. 
‘‘(c) If an agency determines that an employee should 
be placed on mandatory leave under subsection (b), such 
leave shall begin no earlier than the date on which the 
employee received written notice of a removal under sub-
chapter V of chapter 75. 
‘‘(d) If a final order or decision is issued in favor 
of such employee with respect to removal under sub-
chapter V of chapter 75 by the agency, the Merit Systems 
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Protection Board, or the United States Court of Appeals 
for the Federal Circuit, any annual leave that is charged 
to an employee by operation of this section shall be re-
stored to the applicable leave account of such employee.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
of chapter 63 of title 5, United States Code, is amended 
by adding after the item relating to section 6328 the fol-
lowing new item: 
‘‘6330. Mandatory leave for Senior Executive Service career appointees subject 
to removal.’’. 
(c) REGULATIONS.—Not later than 6 months after 
the date of enactment of this Act, the Director of the Of-
fice of Personnel Management shall prescribe regulations 
with respect to the leave provided by the amendment in 
subsection (a). 
SEC. 407. EXPEDITED REMOVAL OF CAREER APPOINTEES 
FOR PERFORMANCE OR MISCONDUCT. 
(a) IN GENERAL.—Chapter 75 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘SUBCHAPTER VI—SENIOR EXECUTIVE 
SERVICE: EXPEDITED REMOVAL 
‘‘§ 7551. Definitions 
‘‘In this subchapter— 
‘‘(1) the term ‘employee’ has the meaning given 
such term in section 7541(1), but does not include 
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any career appointee in the Senior Executive Service 
within the Department of Veterans Affairs; and 
‘‘(2) the term ‘misconduct’ includes neglect of 
duty, malfeasance, or failure to accept a directed re-
assignment or to accompany a position in a transfer 
of function. 
‘‘§ 7552. Actions covered 
‘‘This subchapter applies to a removal from the civil 
service or a transfer from the Senior Executive Service, 
but does not apply to an action initiated under section 
1215, to a removal under section 3592 or 3595, to a sus-
pension under section 7503, to a suspension or removal 
under section 7532, to a suspension or removal under sec-
tion 7542, or to a suspension or removal under section 
713 of title 38. 
‘‘§ 7553. Cause and procedure 
‘‘(a)(1) Under regulations prescribed by the Office of 
Personnel Management, the head of an agency may re-
move an employee of the agency from the Senior Executive 
Service if the head determines that the performance or 
misconduct of the individual warrants such removal. If the 
head so removes such an individual, the head may— 
‘‘(A) remove the individual from the civil serv-
ice; or 
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‘‘(B) in the case of an employee described in 
paragraph (2), transfer the employee from the Sen-
ior Executive Service to a General Schedule position 
at any grade of the General Schedule for which the 
employee is qualified and that the head determines 
is appropriate. 
‘‘(2) An employee described in this paragraph is an 
individual who— 
‘‘(A) previously occupied a permanent position 
within the competitive service; 
‘‘(B) previously occupied a permanent position 
within the excepted service; or 
‘‘(C) prior to employment as a career appointee 
at the agency, did not occupy any position within the 
Federal Government. 
‘‘(3) An employee against whom an action is proposed 
under paragraph (1) is entitled to 5 days’ advance written 
notice. 
‘‘(b)(1) Notwithstanding any other provision of law, 
including section 3594, any employee transferred to a 
General Schedule position under subsection (a)(1)(B) 
shall, beginning on the date of such transfer, receive the 
annual rate of pay applicable to such position. 
‘‘(2) An employee so transferred may not be placed 
on administrative leave or any other category of paid leave 
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during the period during which an appeal (if any) under 
this section is ongoing, and may only receive pay if the 
individual reports for duty. If an employee so transferred 
does not report for duty, such employee shall not receive 
pay or other benefits pursuant to section 7554(e). 
‘‘(c) Not later than 30 days after removing or trans-
ferring an employee under subsection (a), the applicable 
head of the agency shall submit to Congress notice in writ-
ing of such removal or transfer and the reason for such 
removal or transfer. 
‘‘(d) Section 3592(b)(1) does not apply to an action 
to remove or transfer an employee under this section. 
‘‘(e) Subject to the requirements of section 7554, an 
employee may appeal a removal or transfer under sub-
section (a) to the Merit Systems Protection Board under 
section 7701, but only if such appeal is made not later 
than seven days after the date of such removal or transfer. 
‘‘§ 7554. Expedited review of appeal 
‘‘(a) Upon receipt of an appeal under section 
7553(d), the Merit Systems Protection Board shall refer 
such appeal to an administrative judge pursuant to section 
7701(b)(1). The administrative judge shall— 
‘‘(1) expedite any such appeal under such sec-
tion; and 
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‘‘(2) in any such case, issue a decision not later 
than 21 days after the date of the appeal. 
‘‘(b) Notwithstanding any other provision of law, in-
cluding section 7703, the decision of an administrative 
judge under subsection (a) shall be final and shall not be 
subject to any further appeal. 
‘‘(c) In any case in which the administrative judge 
cannot issue a decision in accordance with the 21-day re-
quirement under subsection (a)(2), the removal or transfer 
is final. In such a case, the Merit Systems Protection 
Board shall, within 14 days after the date that such re-
moval or transfer is final, submit to Congress a report 
that explains the reasons why a decision was not issued 
in accordance with such requirement. 
‘‘(d) The Merit Systems Protection Board or admin-
istrative judge may not stay any removal or transfer under 
this section. 
‘‘(e) During the period beginning on the date on 
which an employee appeals a removal from the civil service 
under section 7553(d) and ending on the date that the 
administrative judge issues a final decision on such appeal, 
such employee may not receive any pay, awards, bonuses, 
incentives, allowances, differentials, student loan repay-
ments, special payments, or benefits.’’. 
(b) APPLICATION.— 
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(1) IN GENERAL.—Subchapter VI of chapter 75 
of title 5, United States Code, as added by sub-
section (a), shall not apply to any personnel action 
against a career appointee (as that term is defined 
in section 3132(a)(4) of title 5, United States Code) 
that was commenced before the date of enactment of 
this Act. 
(2) RELATION TO OTHER AUTHORITIES.—The 
authority provided by such subchapter is in addition 
to the authority provided under section 3592 or sub-
chapter V of chapter 75 of title 5, United States 
Code. 
(c) TECHNICAL AMENDMENTS.— 
(1) TITLE 5.—Title 5, United States Code, is 
amended— 
(A) in section 3592(b)(2)— 
(i) by striking ‘‘or’’ at the end of sub-
paragraph (A); 
(ii) by striking the period at the end 
of subparagraph (B) and inserting ‘‘; or’’; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(C) any removal under subchapter VI of this 
title or section 713 of title 38.’’; 
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(B) in section 3393(g), by striking ‘‘1215,, 
3592, 3595, 7532, or 7543 of this title’’ and in-
serting ‘‘1215, 3592, 3595, 7532, 7543, or 
7553 of this title or section 713 of title 38’’; 
and 
(C) in section 7542, by striking ‘‘or to a 
removal under section 3592 or 3595 of this 
title’’ and inserting ‘‘to a removal under section 
3592 or 3595 of this title, to a suspension 
under section 7503, to a removal or transfer 
under section 7553, or a removal or transfer 
under section 713 of title 38’’. 
(2) TITLE 38.—Section 713(f)(1) of title 38, 
United States Code, is amended by striking ‘‘or sub-
chapter V’’ and inserting ‘‘, chapter 43, or sub-
chapters V and VI’’. 
(d) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 75 of title 5, United States 
Code, is amended by adding after the item relating to sec-
tion 7543 the following: 
‘‘SUBCHAPTER VI—SENIOR EXECUTIVE SERVICE: EXPEDITED REMOVAL 
‘‘7551. Definitions. 
‘‘7552. Actions covered. 
‘‘7553. Cause and procedure. 
‘‘7554. Expedited review of appeal.’’. 
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SEC. 408. MANDATORY REASSIGNMENT OF CAREER AP-
POINTEES. 
(a) IN GENERAL.—Section 3395(a) of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(3)(A) Consistent with the requirements of para-
graphs (1) and (2), at least once every five years beginning 
on the date that a career appointee is initially appointed 
to the Senior Executive Service, each career appointee at 
an agency shall be reassigned to another Senior Executive 
Service position at the agency at a different geographic 
location that does not include the supervision of the same 
agency personnel or programs. 
‘‘(B) The head of an agency may waive the require-
ment under subparagraph (A) for any career appointee if 
the head submits notice of the waiver and an explanation 
of the reasons for the waiver to the Committee on Over-
sight and Government Reform of the House of Represent-
atives and the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate.’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
3395(a)(1)(A) of title 5, United States Code, is amended 
by striking ‘‘paragraph (2)’’ and inserting ‘‘paragraphs 
(2) and (3)’’. 
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(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect 90 days after the date of en-
actment of this Act. 
TITLE V—OPM REPORT ON 
OFFICIAL TIME 
SEC. 501. REPORTING REQUIREMENT. 
(a) IN GENERAL.—Section 7131 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(e)(1)(A) Not later than March 31 of each calendar 
year, the Office of Personnel Management, in consultation 
with the Office of Management and Budget, shall submit 
to each House of Congress a report on the operation of 
this section during the fiscal year last ending before the 
start of such calendar year. 
‘‘(B) Not later than December 31 of each calendar 
year, each agency (as defined by section 7103(a)(3)) shall 
furnish to the Office of Personnel Management the infor-
mation which such Office requires, with respect to such 
agency, for purposes of the report which is next due under 
subparagraph (A). 
‘‘(2) Each report by the Office of Personnel Manage-
ment under this subsection shall include, with respect to 
the fiscal year described in paragraph (1)(A), at least the 
following information: 
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‘‘(A) The total amount of official time granted 
to employees. 
‘‘(B) The average amount of official time ex-
pended per bargaining unit employee. 
‘‘(C) The specific types of activities or purposes 
for which official time was granted, and the impact 
which the granting of such official time for such ac-
tivities or purposes had on agency operations. 
‘‘(D) The total number of employees to whom 
official time was granted, and, of that total, the 
number who were not engaged in any activities or 
purposes except activities or purposes involving the 
use of official time. 
‘‘(E) The total amount of compensation (includ-
ing fringe benefits) afforded to employees in connec-
tion with activities or purposes for which they were 
granted official time. 
‘‘(F) A description of any room or space des-
ignated at the agency (or its subcomponent) where 
official time activities will be conducted, including 
the square footage of any such room or space. 
‘‘(3) All information included in a report by the Of-
fice of Personnel Management under this subsection with 
respect to a fiscal year— 
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‘‘(A) shall be shown both agency-by-agency and 
for all agencies; and 
‘‘(B) shall be accompanied by the corresponding 
information (submitted by the Office in its report 
under this subsection) for the fiscal year before the 
fiscal year to which such report pertains, together 
with appropriate comparisons and analyses. 
‘‘(4) For purposes of this subsection, the term ‘offi-
cial time’ means any period of time, regardless of agency 
nomenclature— 
‘‘(A) which may be granted to an employee 
under this chapter (including a collective bargaining 
agreement entered into under this chapter) to per-
form representational or consultative functions; and 
‘‘(B) during which the employee would other-
wise be in a duty status.’’. 
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall be effective beginning with the report 
which, under the provisions of such amendment, is first 
required to be submitted by the Office of Personnel Man-
agement to each House of Congress by a date which oc-
curs at least 6 months after the date of the enactment 
of this Act. 
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TITLE VI—MIDNIGHT RULE 
RELIEF 
SEC. 601. MORATORIUM ON MIDNIGHT RULES. 
Except as provided under sections 602 and 603, dur-
ing the moratorium period, an agency may not propose 
or adopt any midnight rule unless the Administrator finds 
the midnight rule will not result in any of the following: 
(1) An annual effect on the economy of 
$100,000,000 or more. 
(2) A major increase in costs or prices for con-
sumers, individual industries, Federal, State, or local 
government agencies, or geographic regions. 
(3) Significant adverse effects on competition, 
employment, wages, investment, productivity, inno-
vation, or on the ability of United States-based en-
terprises to compete with foreign-based enterprises 
in domestic and export markets. 
(4) A significant economic impact on a substan-
tial number of small entities. 
SEC. 602. SPECIAL RULE ON STATUTORY, REGULATORY, 
AND JUDICIAL DEADLINES. 
(a) IN GENERAL.—Section 601 shall not apply with 
respect to any midnight rule required by statute, other 
regulation, or judicial order to be proposed or adopted by 
a deadline that— 
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(1) was established before the beginning of the 
moratorium period; and 
(2) occurs during the moratorium period. 
(b) PUBLICATION OF DEADLINES.—Not later than 
30 days after the beginning of a moratorium period, the 
Administrator shall identify and publish in the Federal 
Register a list of midnight rules covered by subsection (a). 
SEC. 603. EXCEPTION. 
(a) EMERGENCY EXCEPTION.—Section 601 shall not 
apply to a midnight rule if the President determines by 
Executive order that the midnight rule is— 
(1) necessary because of an emergency; 
(2) necessary for the enforcement of criminal 
laws; 
(3) necessary for the national security of the 
United States; or 
(4) issued pursuant to any statute imple-
menting an international trade agreement. 
(b) DEREGULATORY EXCEPTION.—Section 601 shall 
not apply to a midnight rule that the Administrator finds 
is limited to repealing an existing rule and certifies such 
finding in writing. The certification shall be published in 
the Federal Register. 
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SEC. 604. JUDICIAL REVIEW. 
Any person or entity subject to the any midnight rule 
promulgated in violation of this title is entitled to judicial 
review. 
SEC. 605. DEFINITIONS. 
In this title: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Office of In-
formation and Regulatory Affairs within the Office 
of Management and Budget. 
(2) AGENCY.—The term ‘‘agency’’ has the 
meaning given that term under section 551 of title 
5, United States Code, except such term does not in-
clude— 
(A) the Federal Election Commission; 
(B) the Board of Governors of the Federal 
Reserve System; 
(C) the Federal Deposit Insurance Cor-
poration; or 
(D) the United States Postal Service. 
(3) DEADLINE.—The term ‘‘deadline’’ means 
any date certain for fulfilling any obligation or exer-
cising any authority established by or under any 
Federal statute or rule, or by or under any court 
order implementing any Federal statute, regulation, 
or rule. 
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(4) 
EMERGENCY.—The 
term 
‘‘emergency’’ 
means a declaration by the President of a state of 
emergency. 
(5) MIDNIGHT
RULE.—The term ‘‘midnight 
rule’’ means a rule proposed or adopted during the 
moratorium period. 
(6) MORATORIUM PERIOD.—The term ‘‘morato-
rium period’’ means the day after the day referred 
to in section 1 of title 3, United States Code, 
through January 20 of the following year, in which 
a President is not serving a consecutive term. 
(7) RULE.—The term ‘‘rule’’ has the meaning 
given that term under section 551 of title 5, United 
States Code. 
(8) SMALL ENTITY.—The term ‘‘small entity’’ 
has the meaning given the term ‘‘small business’’ 
under section 601 of title 5, United States Code. 
TITLE VII—REQUIREMENT TO 
MAINTAIN RECORDS 
SEC. 701. REQUIREMENT TO MAINTAIN RECORDS. 
(a) AMENDMENT.—Chapter 31 of title 44, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
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‘‘§ 3108. Requirement to maintain records 
‘‘(a) IN GENERAL.—If the Internal Revenue Service 
obtains a preserved record, the Internal Revenue Service 
shall preserve for not less than 3 years from the date on 
which the record was obtained— 
‘‘(1) the preserved record or a copy of the pre-
served record; and 
‘‘(2) all records related to the preserved record. 
‘‘(b) PRESERVED RECORD DEFINED.—In this sec-
tion, the term ‘preserved record’ means any record that 
is maintained by a person other than the Federal Govern-
ment pursuant to a rule, guidance, or other directive from 
the Internal Revenue Service that requires or recommends 
the person maintain records for a particular period of time 
on a particular matter. 
‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed as— 
‘‘(1) limiting the preservation of a preserved 
record for a longer period of time than is required 
by this section; or 
‘‘(2) shortening the period of time a preserved 
record is otherwise required to be maintained.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for chapter 31 of title 44, United 
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States Code, is amended by adding at the end the fol-
lowing new item: 
‘‘3108. Requirement to maintain records.’’. 
(c) EFFECTIVE DATE; APPLICABILITY.—The amend-
ments made by this section shall take effect as of the date 
of the enactment of this Act and shall apply with respect 
to any preserved record (as such term is defined in section 
3108(b) of title 44, United States Code, as added by sub-
section (a)) obtained on or after the effective date. 
Passed the House of Representatives July 7 (legisla-
tive day July 6), 2016. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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