Title: The Anti-Deficiency Reform and Enforcement Act of 2018
Policy area: Government Operations and Politics

Summary:
The Anti-Deficiency Reform and Enforcement Act of 2018
This bill strengthens penalties for federal employees who violate the Anti-Deficiency Act. Additionally, the bill authorizes an agency to award a cash payment to an employee who discloses a potential violation of the Anti-Deficiency Act.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6891 Introduced in House (IH)]

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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 Representatives 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; Voluntary Services.--
            (1) In general.--Section 1349 of title 31, United States 
        Code, is amended--
                    (A) in subsection (a), by striking ``An officer'' 
                and inserting ``Consistent with the requirements of 
                subsections (b) and (c), an officer''; and
                    (B) by striking subsection (b) and inserting the 
                following:
    ``(b)(1) The head of an agency shall remove, or in the case of a 
temporary or probationary employee, terminate 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 Government who 
committed an act in violation of section 1341(a) or 1342 did so 
knowingly if such officer or employee--
            ``(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 appropriate adverse 
action against an officer or employee of the United States Government 
for a violation of section 1341(a) or 1342 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 subsection shall be 
removal (or termination in the case of a temporary or probationary 
employee), demotion, or suspension.
    ``(d) An officer or employee who willfully uses or authorizes the 
use of a passenger motor vehicle or aircraft owned or leased by the 
United States Government (except for an official purpose authorized by 
section 1344) or otherwise violates section 1344 shall be suspended 
without pay by the head of the agency. The officer or employee shall be 
suspended for at least one month, and when circumstances warrant, for a 
longer period or removed from office.''.
            (2) Reports.--Section 1351 of title 31, United States Code, 
        is amended--
                    (A) by striking ``If an officer'' and inserting 
                ``(a) If an officer'';
                    (B) by inserting after ``actions taken'' the 
                following: ``, including, with respect to an officer or 
                employee of the United States Government, whether the 
                violation was committed knowingly (as described in 
                section 1349(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 congressional 
                committees''; and
                    (D) by adding at the end the following:
    ``(b) In this section, the term `appropriate congressional 
committees' means the Committee on Oversight and Government Reform of 
the House of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate.''.
    (b) Apportionment.--
            (1) In general.--Section 1518 of title 31, United States 
        Code, is amended--
                    (A) by striking ``An officer'' and inserting ``(a) 
                Consistent with the requirements of subsections (b) and 
                (c), an officer''; and
                    (B) by adding at the end the following:
    ``(b)(1) The head of an agency shall remove, or in the case of a 
temporary or probationary employee, terminate the employment of, an 
officer or employee of the United States Government if the head 
determines that such officer or employee knowingly made, authorized, or 
involved the Government in a contract, obligation, or expenditure in 
violation of section 1517(a), as described under paragraph (2).
    ``(2) An officer or employee of the United States Government 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 appropriate 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 subsection shall be 
removal (or termination in the case of a temporary or probationary 
employee), demotion, or suspension.''.
            (2) Reports.--Section 1517(b) of title 31, United States 
        Code, is amended--
                    (A) by striking ``(b) If an officer'' and inserting 
                ``(b)(1) If an officer'';
                    (B) by inserting after ``actions taken'' the 
                following: ``, including, with respect to an officer or 
                employee of the United States Government, 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 congressional 
                committees''; and
                    (D) by adding at the end the following:
    ``(2) In this subsection, the term `appropriate congressional 
committees' means the Committee on Oversight and Government Reform of 
the House of Representatives and the Committee on Homeland Security and 
Governmental 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 Government 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), 
        respectively), including an appeal to the Merit Systems 
        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 VIOLATIONS OF THE ANTI-
              DEFICIENCY ACT.

    (a) In General.--Subchapter II of chapter 7 of subtitle I of title 
31, United States Code, is amended by adding at the end the following:
``Sec. 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 Reform of the House of 
Representatives or the Committee on Homeland Security and Governmental 
Affairs of the Senate requests a legal opinion from the Comptroller 
General relating to a potential violation of section 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
                    ``(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 submitted by the 
        employing entity of such officer or employee under subsection 
        (b).
    ``(b) Before submitting a legal opinion under subsection (a)(1), 
the Comptroller General shall notify the applicable 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 
request--
            ``(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.
    ``(c) With respect to any case in which the Comptroller 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 General 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 holiday, 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.''.
    (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:
``Sec. 4514. Agency awards for disclosures of Anti-Deficiency 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 agency whose disclosure of a potential Anti-
Deficiency Act violation to the Inspector General, or to such other 
designated 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 employee awards or bonuses, subject to the availability 
of appropriations. 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.
    ``(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 subchapter 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.''.
            (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 General of each agency shall, to the 
extent practicable, conduct 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, procedures, 
        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 recommendations 
to reduce Anti-Deficiency Act violations.
    (c) Coordination.--The Inspectors General shall coordinate with 
each other to share best practices and methodologies for conducting the 
assessment required under subsection (a).
    (d) Definition of Anti-Deficiency Act Violation.--In this section, 
the term ``Anti-Deficiency Act violation'' means a violation of section 
1341(a), 1342, or 1517(a) of title 31, United States Code.
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