116 HR 7804 IH: Back to Work Child Care Grants Act of 2020
U.S. House of Representatives
2020-07-27
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 7804IN THE HOUSE OF REPRESENTATIVESJuly 27, 2020Mr. Reed (for himself, Mr. Hagedorn, Mr. Stivers, Mr. Van Drew, Mrs. Walorski, Ms. Stefanik, Mrs. Wagner, Mrs. Miller, Mr. McKinley, Mr. Gottheimer, and Mr. Keller) introduced the following bill; which was referred to the  Committee on Education and LaborA BILLTo provide for grants to support the provision of child care by reopening and maintaining the operation of child care programs. 1.Short titleThis Act may be cited as the Back to Work Child Care Grants Act of 2020.2.Back to work child care grants(a)PurposeThe purpose of this section is to support the recovery of the United States economy by providing assistance to aid in reopening child care programs, and maintaining the availability of child care in the United States, so that parents can access safe care and return to work.(b)DefinitionsIn this section:(1)COVID–19 public health emergencyThe term COVID–19 public health emergency means the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID–19, including any renewal of such declaration.(2)Eligible child care providerThe term eligible child care provider means—(A)an eligible child care provider as defined in section 658P(6)(A) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n(6)(A)); and(B)a child care provider that—(i)is license-exempt and operating legally in the State;(ii)is not providing child care services to relatives; and(iii)satisfies State and local requirements, including those referenced in section 658E(c)(2)(I) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(2)(I)).(3)Indian tribe; tribal organizationThe terms Indian tribe and tribal organization have the meanings given the terms in section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n).(4)Lead agencyThe term lead agency has the meaning given the term in section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n).(5)Qualified child care providerThe term qualified child care provider means an eligible child care provider with an application approved under subsection (g) for the program involved.(6)SecretaryThe term Secretary means the Secretary of Health and Human Services.(7)StateThe term State has the meaning given the term in section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n).(c)Grants for child care programsFrom the funds appropriated to carry out this section, the Secretary shall make Back to Work Child Care grants to States, Indian tribes, and tribal organizations, that submit notices of intent to provide assurances under subsection (d)(2). The grants shall provide for subgrants to qualified child care providers, for a transition period of not more than 9 months to assist in paying for fixed costs and increased operating expenses due to COVID–19, and to reenroll children in an environment that supports the health and safety of children and staff.(d)Process for allocation of funds(1)AllocationAny funds that are appropriated to carry out this section shall be distributed by the Secretary to the Administration for Children and Families for distribution under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9857 et seq.) in accordance with subsection (e)(2) of this Act.(2)NoticeNot later than 7 days after funds are appropriated to carry out this section, the Secretary shall provide to States, Indian tribes, and tribal organizations a notice of funding availability, for Back to Work Child Care grants under subsection (c) from allotments and payments under subsection (e)(2). The Secretary shall issue a notice of the funding allocations for each State, Indian tribe, and tribal organization not later than 14 days after funds are appropriated to carry out this section.(3)Notice of intentNot later than 14 days after issuance of a notice of funding allocations under paragraph (1), a State, Indian tribe, or tribal organization that seeks such a grant shall submit to the Secretary a notice of intent to provide assurances for such grant. The notice of intent shall include a certification that the State, Indian tribe, or tribal organization will repay the grant funds if such State, Indian tribe, or tribal organization fails to provide assurances that meet the requirements of subsection (f) or to comply with such an assurance.(4)Grants to lead agenciesThe Secretary may make grants under subsection (c) to the lead agency of each State, Indian tribe, or tribal organization, upon receipt of the notice of intent to provide assurances for such grant.(5)Provision of assurancesNot later than 15 days after receiving the grant, the State, Indian tribe, or tribal organization shall provide assurances that meet the requirements of subsection (f).(e)Federal reservation; allotments and payments(1)ReservationThe Secretary shall reserve not more than 1 percent of the amount appropriated to carry out this section to pay for the costs of the Federal administration of this section. The amount appropriated to carry out this section and reserved under this paragraph shall remain available through fiscal year 2021.(2)Allotments and paymentsThe Secretary shall use the remaining portion of such amount to make allotments and payments, to States, Indian tribes, and tribal organizations that submit such a notice of intent to provide assurances, in accordance with paragraphs (1) and (2) of subsection (a) and subsection (b), of section 658O of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858m), for the grants described in subsection (c).(f)AssurancesA State, Indian tribe, or tribal organization that receives a grant under subsection (c) shall provide to the Secretary assurances that the lead agency will—(1)require as a condition of subgrant funding under subsection (g) that each eligible child care provider applying for a subgrant from the lead agency—(A)has been an eligible child care provider in continuous operation and serving children through a child care program immediately prior to March 1, 2020;(B)agree to follow all applicable State, local, and tribal health and safety requirements and, if applicable, enhanced protocols for child care services and related to COVID–19 or another health or safety condition;(C)agree to comply with the documentation and reporting requirements under subsection (h); and(D)certify in good faith that the child care program of the provider will remain open for not less than 1 year after receiving such a subgrant, unless such program is closed due to extraordinary circumstances, including a state of emergency declared by the Governor or a major disaster or emergency declared by the President under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170, 5191);(2)ensure eligible child care providers in urban, suburban, and rural areas can readily apply for and access funding under this section, which shall include the provision of technical assistance either directly or through resource and referral agencies or staffed family child care provider networks;(3)ensure that subgrant funds are made available to eligible child care providers regardless of whether the eligible child care provider is providing services for which assistance is made available under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9857 et seq.) at the time of application for a subgrant;(4)through at least December 31, 2020, continue to expend funds provided under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9857 et seq.) for the purpose of continuing payments and assistance to qualified child care providers on the basis of applicable reimbursements prior to March 2020;(5)undertake a review of burdensome State, local, and tribal regulations and requirements that hinder the opening of new licensed child care programs to meet the needs of the working families in the State or tribal community, as applicable;(6)make available to the public, which shall include, at a minimum, posting to an internet website of the lead agency—(A)notice of funding availability through subgrants for qualified child care providers under this section; and(B)the criteria for awarding subgrants for qualified child care providers, including the methodology the lead agency used to determine and disburse funds in accordance with subparagraphs (D) and (E) of subsection (g)(4); and(7)ensure the maintenance of a delivery system of child care services throughout the State that provides for child care in a variety of settings, including the settings of family child care providers.(g)Lead agency use of funds(1)In generalA lead agency that receives a Back to Work Child Care grant under this section—(A)shall use a portion that is not less than 94 percent of the grant funds to award subgrants to qualified child care providers as described in the lead agency’s assurances pursuant to subsection (f);(B)shall reserve not more than 6 percent of the funds to—(i)use not less than 1 percent of the funds to provide technical assistance and support in applying for and accessing funding through such subgrants to eligible child care providers, including to rural providers, family child care providers, and providers with limited administrative capacity; and(ii)use the remainder of the reserved funds to—(I)administer subgrants to qualified child care providers under paragraph (4), which shall include monitoring the compliance of qualified child care providers with applicable State, local, and tribal health and safety requirements; and(II)comply with the reporting and documentation requirements described in subsection (h); and(C)(i)shall not make more than 1 subgrant under paragraph (4) to a child care provider, except as described in clause (ii); and(ii)may make multiple subgrants to a qualified child care provider, if the lead agency makes each subgrant individually for 1 child care program operated by the provider and the funds from the multiple subgrants are not pooled for use for more than 1 of the programs.(2)Role of third partyThe lead agency may designate a third party, such as a child care resource and referral agency, to carry out the responsibilities of the lead agency, and oversee the activities conducted by qualified child care providers under this subsection.(3)Obligation and return of funds(A)Obligation(i)In generalThe lead agency shall obligate at least 50 percent of the grant funds in the portion described in paragraph (1)(A) for subgrants to qualified child care providers by the day that is 6 months after the date of enactment of this Act.(ii)WaiversAt the request of a State, Indian tribe, or tribal organization, and for good cause shown, the Secretary may waive the requirement under clause (i) for the State, Indian tribe, or tribal organization.(B)Return of fundsNot later than the date that is 12 months after a grant is awarded to a lead agency in accordance with this section, the lead agency shall return to the Secretary any of the grant funds that are not obligated by the lead agency by such date. The Secretary shall return any funds received under this subparagraph to the Treasury of the United States.(4)Subgrants(A)In generalA lead agency that receives a grant under subsection (c) shall make subgrants to qualified child care providers to assist in paying for fixed costs and increased operating expenses, for a transition period of not more than 9 months, so that parents have a safe place for their children to receive child care as the parents return to the workplace.(B)Use of fundsA qualified child care provider may use subgrant funds for—(i)sanitation and other costs associated with cleaning the facility, including deep cleaning in the case of an outbreak of COVID–19, of a child care program used to provide child care services;(ii)recruiting, retaining, and compensating child care staff, including providing professional development to the staff related to child care services and applicable State, local, and tribal health and safety requirements and, if applicable, enhanced protocols for child care services and related to COVID–19 or another health or safety condition;(iii)paying for fixed operating costs associated with providing child care services, including the costs of payroll, the continuation of existing (as of March 1, 2020) employee benefits, mortgage or rent, utilities, and insurance;(iv)acquiring equipment and supplies (including personal protective equipment) necessary to provide child care services in a manner that is safe for children and staff in accordance with applicable State, local, and tribal health and safety requirements;(v)replacing materials that are no longer safe to use as a result of the COVID–19 public health emergency;(vi)making facility changes and repairs to address enhanced protocols for child care services related to COVID–19 or another health or safety condition, to ensure children can safely occupy a child care facility;(vii)purchasing or updating equipment and supplies to serve children during nontraditional hours;(viii)adapting the child care program or curricula to accommodate children who have not had recent access to a child care setting;(ix)carrying out any other activity related to the child care program of a qualified child care provider; and(x)reimbursement of expenses incurred before the provider received a subgrant under this paragraph, if the use for which the expenses are incurred is described in any of clauses (i) though (ix) and is disclosed in the subgrant application for such subgrant.(C)Subgrant applicationTo be qualified to receive a subgrant under this paragraph, an eligible child care provider shall submit an application to the lead agency in such form and containing such information as the lead agency may reasonably require, including—(i)a budget plan that includes—(I)information describing how the eligible child care provider will use the subgrant funds to pay for fixed costs and increased operating expenses, including, as applicable, payroll, employee benefits, mortgage or rent, utilities, and insurance, described in subparagraph (B)(iii);(II)data on current operating capacity, taking into account previous operating capacity for a period of time prior to the COVID–19 public health emergency, and updated group size limits and staff-to-child ratios;(III)child care enrollment, attendance, and revenue projections based on current operating capacity and previous enrollment and revenue for the period described in subclause (II); and(IV)a demonstration of how the subgrant funds will assist in promoting the long-term viability of the eligible child care provider and how the eligible child care provider will sustain its operations after the cessation of funding under this section;(ii)assurances that the eligible child care provider will—(I)report to the lead agency, before every month for which the subgrant funds are to be received, data on current financial characteristics, including revenue, and data on current average enrollment and attendance;(II)not artificially suppress revenue, enrollment, or attendance for the purposes of receiving subgrant funding;(III)provide the necessary documentation under subsection (h) to the lead agency, including providing documentation of expenditures of subgrant funds; and(IV)implement all applicable State, local, and tribal health and safety requirements and, if applicable, enhanced protocols for child care services and related to COVID–19 or another health or safety condition; and(iii)a certification in good faith that the child care program will remain open for not less than 1 year after receiving a subgrant under this paragraph, unless such program is closed due to extraordinary circumstances described in subsection (f)(1)(D).(D)Subgrant disbursementIn providing funds through a subgrant under this paragraph—(i)the lead agency shall—(I)disburse such subgrant funds to a qualified child care provider in installments made not less than once monthly;(II)disburse a subgrant installment for a month after the qualified child care provider has provided, before that month, the enrollment, attendance, and revenue data required under subparagraph (C)(ii)(I) and, if applicable, current operating capacity data required under subparagraph (C)(i)(II); and(III)make subgrant installments to any qualified child care provider for a period of not more than 9 months; and(ii)the lead agency may, notwithstanding subparagraph (E)(i), disburse an initial subgrant installment to a provider in a greater amount than that subparagraph provides for, and adjust the succeeding installments, as applicable.(E)Subgrant installment amountThe lead agency—(i)shall determine the amount of a subgrant installment under this paragraph by basing the amount on—(I)(aa)at a minimum, the fixed costs associated with the provision of child care services by a qualified child care provider; and(bb)at the election of the lead agency, an additional amount determined by the State, for the purposes of assisting qualified child care providers with, as applicable, increased operating costs and lost revenue, associated with the COVID–19 public health emergency; and(II)any other methodology that the lead agency determines to be appropriate, and which is disclosed in reporting submitted by the lead agency under subsection (f)(6)(B);(ii)shall ensure that, for any period for which subgrant funds are disbursed under this paragraph, no qualified child care provider receives a subgrant installment that when added to current revenue for that period exceeds the revenue for the corresponding period 1 year prior; and(iii)may factor in decreased operating capacity due to updated group size limits and staff-to-child ratios, in determining subgrant installment amounts.(F)Repayment of subgrant fundsA qualified child care provider that receives a subgrant under this paragraph shall be required to repay the subgrant funds if the lead agency determines that the provider fails to provide the assurances described in subparagraph (C)(ii)(II), or to comply with such an assurance.(5)Supplement not supplantAmounts made available to carry out this section shall be used to supplement and not supplant other Federal, State, tribal, and local public funds expended to provide child care services, including funds provided under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9857 et seq.) and State and tribal child care programs.(h)Documentation and reporting requirements(1)DocumentationA State, Indian tribe, or tribal organization receiving a grant under subsection (c) shall provide documentation of any State or tribal expenditures from grant funds received under subsection (c) in accordance with section 658K(b) of the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858i(b)), and to the independent entity described in that section.(2)Reports(A)Lead agency reportA lead agency receiving a grant under subsection (c) shall, not later than 12 months after receiving such grant, submit a report to the Secretary that includes for the State or tribal community involved a description of the program of subgrants carried out to meet the objectives of this section, including—(i)a description of how the lead agency determined—(I)the criteria for awarding subgrants for qualified child care providers, including the methodology the lead agency used to determine and disburse funds in accordance with subparagraphs (D) and (E) of subsection (g)(4); and(II)the types of providers that received priority for the subgrants, including considerations related to—(aa)setting;(bb)average monthly revenues, enrollment, and attendance, before and during the COVID–19 public health emergency and after the expiration of State, local, and tribal stay-at-home orders; and(cc)geographically based child care service needs across the State or tribal community; and(ii)the number of eligible child care providers in operation and serving children on March 1, 2020, and the average number of such providers for March 2020 and each of the 11 months following, disaggregated by age of children served, geography, region, center-based child care setting, and family child care setting;(iii)the number of child care slots, in the capacity of a qualified child care provider given applicable group size limits and staff-to-child ratios, that were open for attendance of children on March 1, 2020, the average number of such slots for March 2020 and each of 11 months following, disaggregated by age of children served, geography, region, center-based child care setting, and family child care setting;(iv)(I)the number of qualified child care providers that received a subgrant under subsection (g)(4), disaggregated by age of children served, geography, region, center-based child care setting, and family child care setting, and the average and range of the amounts of the subgrants awarded; and(II)the percentage of all eligible child care providers that are qualified child care providers that received such a subgrant, disaggregated as described in subclause (I); and(v)information concerning how qualified child care providers receiving subgrants under subsection (g)(4) used the subgrant funding received, disaggregated by the allowable uses of funds described in subsection (g)(4)(B).(B)Report to CongressNot later than 90 days after receiving the lead agency reports required under subparagraph (A), the Secretary shall make publicly available and provide to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives a report summarizing the findings of the lead agency reports.(i)Authorization of appropriationsThere are authorized to be appropriated such sums as may be necessary to carry out the activities under this Act.


116 HR 2759 IH: Department of Defense Climate Resiliency and Readiness Act
U.S. House of Representatives
2019-05-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
116th CONGRESS1st Session
H. R. 2759
IN THE HOUSE OF REPRESENTATIVES

May 15, 2019
Ms. Escobar (for herself, Ms. Hill of California, Ms. Haaland, Mr. Gallego, and Mr. Cisneros) introduced the following bill; which was referred to the Committee on Armed Services

A BILL
To require the Secretary of Defense to enhance the readiness of the Department of Defense to challenges relating to climate change and to improve the energy and resource efficiency of the Department, and for other purposes.

1.Short titleThis Act may be cited as the Department of Defense Climate Resiliency and Readiness Act.  2.DefinitionsIn this Act:
(1)Climate changeThe term climate change means a change of climate that is— (A)attributed directly or indirectly to human activity that alters the composition of the global atmosphere; and
(B)in addition to natural climate variability observed over comparable time periods.  (2)Congressional defense committeesThe term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.
(3)Net zero energyThe term net zero energy means, with respect to each installation of the Department of Defense, a reduction in overall energy use, maximization of energy efficiency, and implementation and use of energy recovery and cogeneration capabilities at each installation, and an offset of the remaining demand for energy with production of energy from onsite renewable energy sources at such installation, such that such installation produces as much energy as it uses over the course of a year.  (4)ResiliencyThe term resiliency means, with respect to each installation of the Department of Defense, an anticipation, preparation for, and adaptation of each installation to utility disruptions and changing environmental conditions, and the achievement and maintenance by such installation of the capability to withstand, respond to, and recover rapidly from utility disruptions while ensuring the sustainment of mission-critical operations.
(5)Non-operational sourcesThe term non-operational sources— (A)means fixed installations, enduring locations, and non-tactical vehicles of the Department of Defense; and
(B)does not include sources in connection with the training, moving, and sustaining of the Armed Forces and weapons platforms for military operations and training, including tactical power systems and generators at non-enduring locations of the Department of Defense.  (6)Renewable energy sourceThe term renewable energy source has the meaning given that term in section 2924(6) of title 10, United States Code.
(7)United StatesThe term United States means the several States, the District of Columbia, and any territory or possession of the United States.  3.Net zero energy by non-operational sources of the Department of Defense (a)In generalThe Department of Defense shall achieve aggregate net zero energy in use of energy by non-operational sources by not later than December 31, 2029.
(b)Strategy
(1)In generalNot later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report setting forth the strategy of the Department of Defense to achieve the requirement under subsection (a).  (2)ElementsThe report required by paragraph (1) shall set forth the following:
(A)The strategy of the Department of Defense to achieve the requirement under subsection (a) for all installations under the jurisdiction of the Department (other than the military departments).  (B)The strategy of each military department to achieve the requirement under subsection (a) for all installations under the jurisdiction of such department.
(C)An assessment of the manner in which the achievement by the Department of Defense of the requirement under subsection (a) will enhance the readiness of the Armed Forces to address threats posed by Russia, China, Iran, North Korea, and violent extremism.  (3)Biennial updateNot later than two years after the submittal of the report required by paragraph (1), and every two years thereafter through December 31, 2029, the Secretary shall submit to Congress a report setting forth the following:
(A)A current assessment of the progress of the Department of Defense in implementing the strategy described in paragraph (1), set forth by military department, Defense Agency, and other component or element of the Department.  (B)Any updates to the strategy.
(4)ConsultationThe Secretary shall consult with the National Academy of Sciences and a federally funded research and development center in developing the report required by paragraph (1) and any update to that report under paragraph (3).  (c)Waiver (1)In generalThe Secretary of Defense may waive the requirement in subsection (a) if the Secretary—
(A)determines that achievement of such requirement would adversely affect operational safety, force protection, or the national security interests of the United States; and  (B)submits to the congressional defense committees a written notification of the waiver, together with a justification for the waiver.
(2)PeriodThe period of any waiver under paragraph (1) may not exceed 30 days.  (3)RenewalAny waiver under this subsection may be renewed one or more times, in the manner provided for the initial such waiver under paragraph (1) and for the period provided for in paragraph (2).
4.Climate-conscious budgeting of Department of Defense
(a)In generalThe Secretary of Defense shall include in the annual budget submission of the President under section 1105(a) of title 31, United States Code— (1)a dedicated budget line item for adaptation to, and mitigation of, climate-related risks to military networks, systems, installations, facilities, and other assets and capabilities of the Department of Defense; and
(2)an estimate of the anticipated adverse impacts to the readiness of the Department and the financial costs to the Department during the year covered by the budget of the loss of, or damage to, military networks, systems, installations, facilities, and other assets and capabilities of the Department, including loss of or obstructed access to training ranges, as a result of climate change.  (b)Disaggregation of impacts and costsThe estimate under subsection (a)(2) shall set forth the adverse readiness impacts and financial costs under that subsection by military department, Defense Agency, and other component or element of the Department.
5.Inclusion in Annual Energy Management and Resilience Report of Department of Defense of list of military installations that emit the most carbon and estimate of energy consumption by Department
(a)In generalFor every fiscal year beginning after the date of the enactment of this Act, the Secretary of Defense shall include in the Annual Energy Management and Resilience Report for that fiscal year— (1)a list of the ten installations within each military department that emit the most carbon;
(2)an estimate of all energy consumption by the Department of Defense, including greenhouse gas emissions; and  (3)an assessment of greenhouse gas emissions at all installations of the Department, disaggregated by operational and non-operational sources.
(b)MetricsIn determining energy consumption and greenhouse gas emissions under paragraphs (2) and (3) of subsection (a), the Secretary shall use metrics established by the Under Secretary of Defense for Acquisition and Sustainment, in consultation with the National Academy of Sciences and a federally funded research and development center.  6.Climate-conscious contracting of Department of Defense (a)In generalChapter 137 of title 10, United States Code, is amended by adding at the end the following new section:

2339b.Requirements relating to energy consumption and climate change
(a)Projected energy consumptionEach Department of Defense contract for the procurement of property or services entered into on or after October 1, 2019, shall include a written estimate by the Department of the total projected energy consumption of all work to be performed under the contract, and a statement of whether the contract will include investments by the contractor or the Department in renewable energy or energy-efficient sources.  (b)Policy on consideration of certain factors in determinations To award contractsIn making any determination to enter into a contract described in subsection (a), the Secretary of Defense shall take into account—
(1)whether the contractor verifiably produces as much renewable energy as the total energy it consumes; and  (2)whether there is any order against the contractor by the Environmental Protection Agency, the Department of Justice, or a State attorney general to pay a fine or take remedial action for a violation of an environmental law or regulation of the United States.
(c)Disclosure of climate-Related risksEach prospective contractor with the Department of Defense shall, as a prerequisite of bidding for a contract with the Department, submit a detailed statement to the Department that includes information regarding— (1)the identification of, the evaluation of potential financial impacts of, and any risk-management strategies relating to—
(A)physical risks posed to the contractor by climate change; and  (B)transition risks posed to the contractor by climate change; and
(2)a description of any established corporate governance processes and structures to identify, assess, and manage climate-related risks.  (d)Assessment of fees To combat climate change (1)Each Department of Defense contract for the procurement of property or services entered into on or after October 1, 2019, shall include a requirement that the contractor pay to the Department of Defense a fee equal to one percent of the value of the contract in the case of a contractor that is not, at the time of the Department’s solicitation of the contract, verifiably producing as much renewable energy as the total energy it consumes.
(2)Any contractor required to pay a fee under paragraph (1) with respect to a contract may not offset the cost of such fee by increasing the amount of the proposal for such contract.  (e)Waiver (1)The Secretary of Defense may waive the requirements in subsections (a) and (b) if the Secretary—
(A)
(i)determines that such requirements would adversely affect operational safety, force protection, or the national security interests of the United States; or  (ii)with respect to particular property or services, determines that—
(I)market conditions for the property or services have adversely affected (or will in the near future adversely affect) the acquisition of the property or services by the Department of Defense; and  (II)the waiver will expedite or facilitate the acquisition of the property or services; and
(B)submits to the congressional defense committees a written notification of the waiver, together with a justification for the waiver.  (2)The period of any waiver under paragraph (1) may not exceed 30 days.
(3)Any waiver under this subsection may be renewed one or more times, in the manner provided for the initial such waiver under paragraph (1) and for the period provided for in paragraph (2)..  (b)Clerical amendmentThe table of sections at the beginning of chapter 137 of title 10, United States Code, is amended by inserting after the item relating to section 2339a the following new item:

2339b. Requirements relating to energy consumption and climate change..
(c)Energy and Climate Resiliency Fund
(1)In generalThere is established in the Treasury of the United States a fund, to be known as the Energy and Climate Resiliency Fund (in this subsection referred to as the Fund), to be administered by the Secretary of Defense.  (2)Use of amountsAmounts deposited in the Fund shall be used only for climate-related improvements that contribute to the continued operational viability and the resiliency of the networks, systems, installations, facilities, and other assets and capabilities of the Department of Defense.
(3)Deposit and availability of amountsNotwithstanding section 3302 of title 31, United States Code, fees collected under section 2339b(b) of title 10, United States Code, as added by subsection (a)— (A)shall be deposited into the Fund to carry out the activities described in paragraph (2);
(B)to the extent and in the amounts provided in advance in appropriations Acts, shall be available to the Secretary of Defense; and  (C)shall remain available until expended.
(4)Climate-related improvements definedIn this subsection, the term climate-related improvements means efforts by the Department of Defense to prepare for, or mitigate the effects of, the following: (A)Extreme weather.
(B)Rising sea tides.  (C)Increased flooding.
(D)Drought.  (E)Desertification.
(F)Wildfires.  (G)Thawing permafrost.
(H)Such other conditions as the Secretary determines necessary.  7.Development of climate vulnerability and risk assessment tool (a)In generalNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop a climate vulnerability and risk assessment tool to assist the military departments in measuring how the risks associated with climate change impact networks, systems, installations, facilities, and other assets, as well as the operational plans and capabilities of the Department of Defense.
(b)ConsultationIn developing the tool under subsection (a), the Secretary shall consult with the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Administrator of the National Oceanic and Atmospheric Administration, the Administrator of the Federal Emergency Management Agency, the Commander of the Army Corps of Engineers, the Administrator of the National Aeronautics and Space Administration, a federally funded research and development center, and the heads of such other relevant Federal agencies as the Secretary of Defense determines appropriate.  (c)Prevailing scientific consensusBefore completing development of the tool under subsection (a), the Secretary shall obtain from the National Academy of Sciences and a federally funded research and development center with which the Secretary has consulted under subsection (b) a certification in writing that the tool contains a methodology that adequately incorporates the prevailing scientific consensus on climate change.
(d)Report
(1)In generalNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report describing the tool developed under subsection (a).  (2)Classified annexThe report under paragraph (1) shall be submitted in unclassified form but may contain a classified annex if necessary.
(3)PublicationUpon submittal of the report under paragraph (1), the Secretary shall publish the unclassified portion of the report on an internet website of the Department that is available to the public.  (e)Updates to tool (1)In generalAfter submittal of the report under subsection (d), the Secretary of Defense shall update the climate vulnerability and risk assessment tool developed under subsection (a) as the Secretary considers necessary and appropriate, in consultation with the individuals and entities described in subsection (b) and consistent with the prevailing scientific consensus as required under subsection (c).
(2)Report and publicationUpon completing an update to the tool under paragraph (1), the Secretary shall— (A)submit to the congressional defense committees a report describing such update; and
(B)publish the unclassified version of such report on an internet website of the Department that is available to the public.  8.Annual report on effects of climate change on Department of Defense (a)In generalNot later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on vulnerabilities to military installations and combatant commander requirements resulting from climate change that builds upon the report submitted under section 335(c) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1358).
(b)Use of climate vulnerability and risk assessment toolIn preparing the report required by subsection (a), the Secretary shall use the climate vulnerability and risk assessment tool developed under section 7.  (c)ElementsThe report required by subsection (a) shall include the following:
(1)An explanation of the underlying methodology behind the climate vulnerability analysis conducted in preparing the report under section 335(c) of the National Defense Authorization Act for Fiscal Year 2018.  (2)An assessment of how climate change affects low-lying military installations, military installations of the Navy and the Marine Corps, and military installations outside the United States.
(3)An assessment of how climate change affects access of members of the Armed Forces to training ranges.  (4)With respect to a military installation in a country outside the United States, an assessment of the collaboration between the Department of Defense and the military or civilian agencies of the government of that country or nongovernmental organizations operating in that country to adapt to risks from climate change.
(5)An assessment of how climate change affects housing safety and food security on military installations.  (6)An assessment of the strategic benefits derived from isolating infrastructure of the Department of Defense in the United States from the national electric grid and the use of energy-efficient, distributed, and smart power grids by the Armed Forces in the United States and overseas to ensure affordable access to electricity.
(7)A list of the ten military installations within each military department that are most vulnerable to climate change based on the effects of the following: (A)Geographic location.
(B)Extreme weather.  (C)Rising sea tides.
(D)Increased flooding.  (E)Drought.
(F)Desertification.  (G)Wildfires.
(H)Thawing permafrost.  (I)Such other categories as the Secretary determines necessary.
(8)A climate vulnerability score, determined by the Secretary, for each military installation of the Department.  (9)An overview of mitigations, in addition to current efforts undertaken by the Department, that may be necessary to ensure the continued operational viability and to increase the resiliency of the vulnerable military installations identified under paragraph (7), and the estimated costs of those mitigations.
(10)An assessment of how adapting to climate change impacts the readiness of the Armed Forces to address the threats posed by Russia, China, Iran, North Korea, and violent extremism.  (d)ConsultationIn developing each report under subsection (a), the Secretary of Defense shall consult with the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Administrator of the National Oceanic and Atmospheric Administration, the Administrator of the Federal Emergency Management Agency, the Commander of the Army Corps of Engineers, the Administrator of the National Aeronautics and Space Administration, a federally funded research and development center, and the heads of such other relevant Federal agencies as the Secretary of Defense determines appropriate.
(e)Form of reportThe report required by subsection (a) shall be submitted in unclassified form but may contain a classified annex if necessary.  (f)PublicationUpon submittal of the report required by subsection (a), the Secretary of Defense shall publish the unclassified portion of the report on an internet website of the Department of Defense that is available to the public.
9.Incorporation of climate resiliency into existing strategies of the Department of Defense
(a)Consideration of risks of climate change in making strategic decisions relating to military installationsThe Secretary of each military department, with respect to any installation under the jurisdiction of that Secretary, and the Secretary of Defense, with respect to any installation of the Department of Defense that is not under the jurisdiction of the Secretary of a military department, shall consider the risks associated with climate change when making any strategic decision relating to such installation, including where to locate such installation and where to position equipment, infrastructure, and other military assets.  (b)Codification of directive on climate change (1)In generalDirective 4715.21 of the Department of Defense, dated January 14, 2016, and entitled Climate Change Adaptation and Resilience, shall remain in effect.
(2)Reports on implementation of directiveEach posture statement submitted to Congress by the Secretary of a military department, the Chairman of the Joint Chiefs of Staff, or the commander of a combatant command shall include a description of the implementation and discharge by such official of the Directive referred to in paragraph (1), including the personnel assigned to implement and discharge the Directive and the progress achieved in such implementation and discharge.  (c)Incorporation of climate change into certain defense strategies (1)In generalThe Secretary of Defense, in coordination with the heads of other elements of the intelligence community, the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Administrator of the National Oceanic and Atmospheric Administration, the Administrator of the Federal Emergency Management Agency, the Commander of the Army Corps of Engineers, the Administrator of the National Aeronautics and Space Administration, and the heads of such other relevant Federal agencies as the Secretary of Defense determines appropriate, shall incorporate climate change into the National Defense Strategy, the National Military Strategy, and operational plans of the Department of Defense.
(2)Intelligence community definedIn this subsection, the term intelligence community has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).  (d)Implementation and discharge of requirements (1)Cross-functional team on incorporation of climate resiliency into defense strategiesAmong the cross-functional teams established by the Secretary of Defense pursuant to subsection (c) of section 911 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2345; 10 U.S.C. 111 note) in support of the organizational strategy for the Department of Defense required by subsection (a) of that section, the Secretary shall establish a cross-functional team on the implementation and discharge of the requirements under this section.
(2)Establishment and activitiesThe cross-functional team required by paragraph (1) shall be established in accordance with subsection (c) of section 911 of the National Defense Authorization Act for Fiscal Year 2017, and shall be governed in its activities in accordance with the provisions of such subsection (c).  (3)Deadline for establishmentThe cross-functional team required by paragraph (1) shall be established by not later than 90 days after the date of the enactment of this Act.
10.Research, development, and demonstration program on energy storage, hybrid microgrid, and energy resiliency
(a)Program requiredThe Secretary of Defense, in consultation with the Secretary of Energy, shall conduct a program of research, development, and demonstration of hybrid microgrid systems and electric grid energy storage.  (b)Multidisciplinary teams (1)In generalIn carrying out the program under subsection (a), the Secretary of Defense shall organize activities among multidisciplinary teams to leverage, to the maximum extent practicable, expertise from the Department of Energy, the National Laboratories, institutions of higher education, and the private sector.
(2)GoalsThe multidisciplinary teams organized under paragraph (1) shall pursue aggressive, milestone-driven, and basic research, development, and demonstration goals to carry out the program under subsection (a).  (3)ResourcesThe Secretary of Defense shall provide sufficient resources to the multidisciplinary teams organized under paragraph (1) to achieve the goals described in paragraph (2) over a 10-year period.
(c)Areas of focusThe program under subsection (a) shall focus on— (1)addressing electrical power intermittency;
(2)integrating renewable energy sources into microgrid systems, hybrid microgrid systems, energy storage, grid security, and local generation of zero-carbon fuels;  (3)the inspection and structural health monitoring of critical energy infrastructure;
(4)materials, electric thermal, electromechanical, and electrochemical systems research;  (5)power conversion technologies research;
(6)developing and using fuel-efficient engines;  (7)additive manufacturing;
(8)developing— (A)empirical and science-based industry standards to compare the storage capacity, cycle length and capabilities, and reliability of different types of electricity storage; and
(B)validation and testing techniques;  (9)other fundamental and applied research critical to widespread deployment of electricity storage;
(10)device development that builds on results from research described in paragraphs (4), (5), and (9), including combinations of power electronics, advanced optimizing controls, and energy storage as a general purpose element of the electric grid;  (11)micro-scale testing and analysis of storage devices, including test-beds and field trials;
(12)microgrid systems and hybrid microgrid systems to increase the resilience of critical infrastructure of the Department of Defense;  (13)the potential for energy storage and renewable resources, including wind, solar, and hydropower, to be integrated into microgrid systems or hybrid microgrid systems of installations of the Department of Defense;
(14)the capacity of the workforce of the Department of Defense to operate, maintain, and repair a microgrid system or hybrid microgrid system;  (15)opportunities to develop the capacity to operate, maintain, and repair a hybrid microgrid system;
(16)leveraging existing capacity within local or regional research organizations, such as organizations based at institutions of higher education, to support development of hybrid microgrid systems, including by testing novel components and systems prior to field deployment;  (17)electricity storage device safety and reliability, including potential failure modes, mitigation measures, and operational guidelines;
(18)standards for performance, control interface, grid interconnection, and interoperability of electricity storage devices;  (19)maintaining a public database of energy storage projects, policies, codes, standards, and regulations; and
(20)such other criteria as the Secretary of Defense, in consultation with the Secretary of Energy, determines appropriate.  (d)CollaborationThe program under subsection (a) shall be carried out in collaboration with relevant stakeholders, including, as appropriate—
(1)States;  (2)Indian tribes;
(3)regional entities and regulators;  (4)units of local government;
(5)institutions of higher education, including historically Black colleges or universities and other minority-serving institutions; and  (6)private sector entities.
(e)Report
(1)In generalNot later than 180 days after the date of enactment of this Act, and annually thereafter until 2031, the Secretary of Defense shall submit to the congressional defense committees a report on the efforts to implement the program under subsection (a), including any strategy developed to implement such program.  (2)Classified annexThe report under paragraph (1) shall be submitted in unclassified form but may contain a classified annex if necessary.
(3)PublicationUpon submittal of the report under paragraph (1), the Secretary shall publish the unclassified portion of the report on an internet website of the Department that is available to the public.  (f)Assistance to StatesThe Secretary of Defense may provide technical and financial assistance to States, Indian tribes, units of local government, institutions of higher education, or private sector entities to participate in or use research, development, or demonstration of technology developed under this section.
(g)Authorization of appropriationsThere is authorized to be appropriated to the Secretary of Defense to carry out this section the following: (1)For fiscal year 2020, $10,000,000.
(2)For fiscal year 2021, $25,000,000.  (3)For fiscal year 2022, $50,000,000.
(4)For fiscal year 2023, $75,000,000.  (5)For fiscal year 2024, $125,000,000.
(6)For fiscal year 2025, $200,000,000.  (7)For each of fiscal years 2026 through 2030, $250,000,000.
(h)No effect on other provisions of lawNothing in this section authorizes regulatory actions that would duplicate or conflict with regulatory requirements, mandatory standards, or related processes under section 215 of the Federal Power Act (16 U.S.C. 824o).  (i)Use of fundsTo the maximum extent practicable, in carrying out this section, the Secretary of Defense shall ensure that the use of funds to carry out this section is coordinated with the Secretary of Energy and among different offices within the Grid Modernization Initiative of the Department of Energy and other programs conducting energy storage research.
(j)DefinitionsIn this section: (1)Historically Black college or universityThe term historically Black college or university has the meaning given the term part B institution in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)).
(2)Hybrid microgrid systemThe term hybrid microgrid system means a stand-alone electrical system that— (A)is comprised of conventional generation and at least one alternative energy resource; and
(B)may use grid-scale energy storage.  (3)Microgrid systemThe term microgrid system means a standalone electrical system that uses grid-scale energy storage.
(4)National laboratoryThe term National Laboratory has the meaning given that term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).  11.Conditions on base realignment and closure activities funded through base closure account of Department of Defense (a)Consideration of factors requiredWith respect to any Base Realignment and Closure round begun by the Department of Defense after the date of the enactment of this Act, the Department shall consider current and potential vulnerabilities to installations and operations of the Department of Defense resulting from climate change and the resiliency of installations of the Department as described in section 2(3)(B).
(b)Base Realignment and Closure round definedIn this section, the term Base Realignment and Closure round means base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account established by section 2906 of such Act (as amended by section 2711 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2140)).  12.Assistant Secretary of Defense and of the military departments for energy and climate resiliency (a)Assistant Secretary of Defense for Energy and Climate Resiliency (1)In generalSection 138 of title 10, United States Code, is amended—
(A)in subsection (a)(1), by striking 13 and inserting 14; and  (B)in subsection (b), by adding at the end the following new paragraph:

(5)One of the Assistant Secretaries is the Assistant Secretary of Defense for Energy and Climate Resiliency. The principal duty of the Assistant Secretary shall be the overall supervision of energy and climate resiliency matters of the Department of Defense..  (2)DutiesNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe the duties of the Assistant Secretary of Defense for Energy and Climate Resiliency under section 138(b)(5) of title 10, United States Code (as added by paragraph (1)). In prescribing such duties, the Secretary shall—
(A)specify the duties currently performed by the Assistant Secretary of Defense for Installations, Energy, and the Environment that shall be performed instead by the Assistant Secretary of Defense for Energy and Climate Resiliency; and  (B)specify the duties and responsibilities of the Assistant Secretary of Defense for Energy and Climate Resiliency for oversight of the implementation of the requirements of this Act by the Department of Defense.
(b)Assistant Secretaries of the military departments
(1)Department of the ArmySection 7016 of such title is amended— (A)in subsection (a), by striking five and inserting six; and
(B)in subsection (b), by adding at the end the following new paragraph:  (6)One of the Assistant Secretaries shall be the Assistant Secretary of the Army for Energy and Climate Resiliency. The principal duty of the Assistant Secretary shall be the overall supervision of energy and climate resiliency matters of the Department of the Army..
(2)Department of the NavySection 8016 of such title is amended— (A)in subsection (a), by striking four and inserting five; and
(B)in subsection (b), by adding at the end the following new paragraph:  (5)One of the Assistant Secretaries shall be the Assistant Secretary of the Navy for Energy and Climate Resiliency. The principal duty of the Assistant Secretary shall be the overall supervision of energy and climate resiliency matters of the Department of the Navy..
(3)Department of the Air ForceSection 9016 of such title is amended— (A)in subsection (a), by striking four and inserting five; and
(B)in subsection (b), by adding at the end the following new paragraph:  (5)One of the Assistant Secretaries shall be the Assistant Secretary of the Air Force for Energy and Climate Resiliency. The principal duty of the Assistant Secretary shall be the overall supervision of energy and climate resiliency matters of the Department of the Air Force..
(4)DutiesNot later than 90 days after the date of the enactment of this Act, each Secretary of a military department shall prescribe the duties of the Assistant Secretary of such military department for energy and climate resiliency under the applicable amendments made by this subsection. In prescribing such duties, such Secretary shall— (A)specify the duties currently performed by the Assistant Secretary of such military department for installations, energy, and the environment that shall be performed instead by the Assistant Secretary of such military department for energy and climate resiliency; and
(B)specify the duties and responsibilities of the Assistant Secretary of such military department for energy and climate resiliency for oversight of the implementation of the requirements of this Act by such military department.  (c)Executive schedule mattersSection 5315 of title 5, United States Code, is amended by striking the items relating to the Assistant Secretaries of Air Force, the Assistant Secretaries of the Army, and the Assistant Secretaries of the Navy and inserting the following new items:

Assistant Secretaries of the Air Force (5).  Assistant Secretaries of the Army (6).
Assistant Secretaries of the Navy (5)..  (d)Additional positions of responsibility for energy and climate resiliency (1)In generalNot later than 90 days after the date of the enactment of this Act, each officer specified in paragraph (2) shall establish within the command under the jurisdiction of such officer a position of responsibility for oversight of the implementation of the requirements of this Act by such command. Any individual assigned to such a position shall be an officer of the Armed Forces on active duty in a general or flag officer grade.
(2)OfficersThe officers specified in this paragraph are the following: (A)The Chairman of the Joint Chiefs of Staff.
(B)The commander of each combatant command.


116 S1898 IS: Modern Employment Reform, Improvement, and Transformation Act of 2019
U.S. Senate
2019-06-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 1898IN THE SENATE OF THE UNITED STATESJune 19, 2019Mr. Perdue (for himself, Mrs. Blackburn, Mr. Braun, Mr. Cotton, Mr. Grassley, and Mr. Wicker) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsA BILLTo amend title 5, United States Code, to provide for an alternative removal for performance or
			 misconduct for Federal employees.

		1.Short title; table of contents
 (a)Short titleThis Act may be cited as the Modern Employment Reform, Improvement, and Transformation Act of 2019 or the MERIT Act of 2019. (b)Table of contentsThe table of contents for this Act is as follows:Sec. 1. Short title; table of contents.
					Sec. 2. Termination of authority for chapter 43 performance-based actions.
					Sec. 3. Adverse actions based on performance or conduct.
					Sec. 4. Prohibition on grieving adverse actions and reductions in force.
					Sec. 5. Actions against senior executives for performance or conduct.
					Sec. 6. Modification of procedures for furlough.
					Sec. 7. Reduction of annuity of employee convicted of a felony for which an adverse action is or
			 would have been taken.
					Sec. 8. Authority to recoup bonuses or awards paid to employees.
					Sec. 9. Extension of probationary period for positions within the Senior Executive Service.
					Sec. 10. Extension of probationary period for employees in the competitive service.
					Sec. 11. Application.

			2.Termination of authority for chapter 43 performance-based actions
 (a)RepealSection 4303 of title 5, United States Code, is repealed. (b)ApplicationSubsection (a) shall not apply to any performance-based action under section 4303 of title 5, United States Code, commenced before the effective date provided in section 11.
			(c)Conforming amendments
 (1)Title 5Title 5, United States Code, is amended— (A)in section 2302(e)(1)(A), by striking 3504, and 4303(e) and inserting and 3504;
 (B)in section 4302(c)(6), by striking but only after an opportunity to demonstrate acceptable performance; (C)in section 7512, by striking subparagraph (D) and redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively;
 (D)in section 7701(c)(1), by striking decision and all that follows through preponderance of the evidence and inserting decision is supported by a preponderance of the evidence; (E)in section 9508(d), by striking (1) In applying and all that follows through (2); and
 (F)in section 9902(a)(2), by striking sections 4302 and 4303(e) and inserting section 4302. (2)Title 31Section 732(d)(3) of title 31, United States Code, is amended by striking consistent with section 4303 of title 5.
 (d)Clerical amendmentThe table of sections for chapter 43 of title 5, United States Code, is amended by striking the item relating to section 4303.
			3.Adverse actions based on performance or conduct
 (a)In generalSection 7513 of title 5, United States Code, is amended— (1)in subsection (b)—
 (A)in paragraph (1)— (i)by striking at least 30 days’ advance written notice and inserting written notice 15 business days in advance; and
 (ii)by inserting before the semicolon at the end the following: , and including a file containing all the evidence in support of the proposed action;
 (B)in paragraph (2), by striking but not less than 7 days and inserting but not more than 7 business days; and (C)in paragraph (4), by striking at the earliest practicable date;
 (2)by amending subsection (c) to read as follows:  (c)An agency shall issue the decision not later than 15 business days after the agency provides notice, to the maximum extent practicable, to the employee affected.;
 (3)in subsection (d), by inserting before the period at the end the following: not later than 10 business days after the effective date of the action; and (4)in subsection (e)—
 (A)by striking and to the employee affected upon the employee’s request; and (B)by adding at the end the following: Upon the affected employee’s request, copies of the documents described in the preceding sentence shall be furnished to the employee, to the extent those documents were not provided under subsection (c)..
 (b)Discipline of supervisors based on retaliation against whistleblowersSection 7515(b)(2)(B) of title 5, United States Code, is amended— (1)in clause (i), by striking not later than 14 days and inserting not more than 7 business days; and
 (2)in clause (ii), by striking 14-day period and inserting 7-business-day period. (c)ApplicationThe amendments made by subsections (a) and (b) shall not apply to any action under section 7513 or 7515 of title 5, United States Code, as amended by those subsections, respectively, commenced before the effective date provided in section 11.
 4.Prohibition on grieving adverse actions and reductions in forceSection 7121 of title 5, United States Code, is amended— (1)in subsection (a)(1), by striking the settlement of;
 (2)in subsection (c)— (A)by redesignating paragraphs (1) through (5) as paragraphs (5) through (9), respectively; and
 (B)by inserting before paragraph (5), as so redesignated, the following:  (1)an adverse action under subchapter II of chapter 75;
 (2)a furlough of more than 30 days by a reduction in force action under subchapter I of chapter 35; (3)a separation by a reduction in force action under subchapter I of chapter 35;
 (4)a demotion by a reduction in force action under subchapter I of chapter 35;; (3)in subsection (e)—
 (A)in paragraph (1)— (i)by striking (1) Matters and all that follows through but not both.; and
 (ii)in the second sentence, by striking Similar matters and inserting Matters similar to those covered under subchapter II of chapter 75; and (B)by striking paragraph (2); and
 (4)in subsection (f)— (A)by striking the first sentence; and
 (B)in the second sentence, by striking In matters similar to those covered under sections 4303 and 7512 of this title and inserting In matters similar to those covered under subchapter II of chapter 75. 5.Actions against senior executives for performance or conduct (a)Repeal of pay retention for career appointees removed from the Senior Executive ServiceSection 3594(c)(1)(B) of title 5, United States Code, is amended to read as follows:

 (B)(i)any career appointee placed under subsection (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 career appointee held in the civil service immediately before being appointed to the Senior Executive Service; or
 (III)the rate of basic pay in effect for the career appointee immediately before being placed under subsection (a) or (b) of this section; and
 (ii)any career appointee placed under subsection (b)(1) of this section shall be entitled to receive basic pay at the rate of basic pay in effect for the position in which placed; and.
 (b)Appraisal system requirementsSection 4314(b) of title 5, United States Code, is amended— (1)in paragraph (3), by inserting before the semicolon the following: or, as warranted, from the civil service; and
 (2)in paragraph (4), by inserting before the period at the end the following: or, as warranted, from the civil service. (c)Suspension for 14 days or lessParagraph (1) of section 7501 of title 5, United States Code, is amended to read as follows:

 (1)employee means— (A)an individual in the competitive service who is not serving a probationary period or trial period under an initial appointment or, except as provided in section 1599e of title 10, who has completed 1 year of current continuous employment 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 Executive 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.
 (d)Modification of cause and procedure for suspension and terminationSection 7543 of title 5, United States Code, is amended— (1)by striking subsections (a), (b), and (c) and inserting the following:

 (a)Under regulations prescribed by the Office of Personnel Management, an agency may take an action covered by this subchapter against an employee only for such cause as would promote the efficiency of the service.
 (b)An employee against whom an action covered by this subchapter is proposed is entitled to— (1)written notice 15 business days in advance, unless there is reasonable cause to believe the employee has committed a crime for which a sentence of imprisonment can be imposed, stating specific reasons for the proposed action, and including a file containing all the evidence in support of the proposed action;
 (2)a reasonable time, but not more than 7 business days, to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer;
 (3)be represented by an attorney or other representative; and (4)a written decision and the specific reasons therefor.
 (c)An agency shall issue the decision not later than 15 business days after the agency provides notice, to the maximum extent practicable, to the employee affected.;
 (2)in subsection (d), by inserting before the period at the end the following: not later than 10 business days after the effective date of the action; and (3)in subsection (e)—
 (A)by striking and to the employee affected upon the employee’s request; and (B)by adding at the end the following: Upon the affected employee’s request, copies of the documents described in the preceding sentence shall be furnished to the employee, to the extent those documents were not provided under subsection (c)..
 (e)Conforming amendmentsTitle 5, United States Code, is amended— (1)in section 3592(b)(2)(B), by striking any disciplinary action and inserting any action under section 7543;
 (2)in section 3593(a)(2), by striking misconduct, neglect of duty, malfeasance, and inserting a removal under section 7543; (3)in section 3594, by adding at the end the following:

 (d)This section shall not apply to any career appointee who is subject to a personnel action under subchapter V of chapter 75.; and
 (4)in section 7542, by striking or to a removal under section 3592 or 3595 and inserting the following: to a removal from the Senior Executive Service under section 3592 of this title, to a reduction in force as defined in section 3595(d) of this title, or to a transfer of function as described in section 3595(e).
 (f)ApplicationThe amendments made by this section shall not apply to any personnel action under subchapter V of chapter 75 of title 5, United States Code, commenced before the effective date provided in section 11.
			6.Modification of procedures for furlough
 (a)General furlough of 14 days or less; furlough due to lapse in appropriationsSubchapter I of chapter 75 of title 5, United States Code, is amended— (1)in section 7501, as amended by section 5(c)—
 (A)in paragraph (1), by striking and at the end; (B)by redesignating paragraph (2) as paragraph (5); and
 (C)by inserting after paragraph (1) the following:  (2)furlough has the meaning given that term in section 7511(a)(5);
 (3)furlough due to lapse in appropriations means a furlough due to a lapse in appropriations; (4)general furlough means a furlough that is not due to a lapse in appropriations; and;
 (2)in section 7502, by striking This subchapter and all that follows through this title. and inserting the following:  This subchapter applies to—(1)a suspension for 14 days or less, but not a suspension under section 7521 or 7532 or any action initiated under section 1215;
 (2)a general furlough for 14 days or less; and (3)a furlough due to lapse in appropriations of any duration.;
 (3)by redesignating section 7504 as section 7505; and (4)by inserting after section 7503 the following:

						7504.Furlough cause and procedure
							(a)General furlough
 (1)In generalAn employee may be subject to a general furlough for such cause as will promote the efficiency of the service. Any employee furloughed under this subsection is entitled to the procedures established under the regulations promulgated under paragraph (2).
 (2)ProceduresNot later than 180 days after the date of enactment of this section, the Office of Personnel Management shall promulgate regulations providing for—
 (A)the circumstances under which an employee may be furloughed under this subsection; (B)the procedures to be afforded furloughed employees, including, to the extent appropriate and practicable under the circumstances of the furlough action—
 (i)advanced notice stating the specific reasons for the proposed furlough; (ii)a reasonable time to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer;
 (iii)representation by an attorney or other representative; and (iv)a written decision and specific reasons therefor at the earliest practicable date; and
 (C)the materials that shall be furnished to a furloughed employee and the Merit Systems Protection Board upon request of the employee or the Board.
									(b)Furlough due to lapse in appropriations
 (1)In generalAn employee may be subject to a furlough due to lapse in appropriations. (2)Procedures (A)NoticeUnder regulations prescribed by the Office of Personnel Management, any employee subject to a furlough due to lapse in appropriations shall be afforded notice explaining the reasons for the furlough. If the notice cannot be provided in advance of the furlough, notice shall be provided as soon as reasonably practicable.
 (B)Other proceduresNo other procedures, including those provided under subsection (a) or any other provision of this title, shall be available to any employee subject to a furlough due to lapse in appropriations under this subsection.
 (c)DefinitionFor purposes of this section, the term employee means any employee described under section 7501(1)(A).. (b)General furlough of more than 14 daysSubchapter II of chapter 75 of title 5, United States Code, is amended—
 (1)in section 7511(a)— (A)in paragraph (4), by striking and at the end;
 (B)in paragraph (5), by striking the period at the end and inserting a semicolon; and (C)by adding at the end the following:

 (6)furlough due to lapse in appropriations means a furlough due to a lapse in appropriations; and (7)general furlough means a furlough that is not due to a lapse in appropriations.;
 (2)in section 7512, as amended by section 2(c)— (A)in paragraph (5), by striking a furlough of 30 days or less and inserting a general furlough of more than 14 days but less than 31 days;
 (B)in subparagraph (D), as redesignated by section 2(c), by striking or at the end; (C)in subparagraph (E), as redesignated by section 2(c), by striking the period at the end and inserting ; or; and
 (D)by adding at the end the following:  (F)a furlough due to lapse in appropriations action under section 7504.;
 (3)in section 7513(a), by striking an action covered by this subchapter and inserting an action described in paragraphs (1) through (4) of section 7512; and (4)by inserting after section 7515 the following:

						7516.General furlough cause and procedure
 (a)In generalAn employee may be subject to a general furlough for such cause as will promote the efficiency of the service. An employee furloughed under this section is entitled to the procedures established under the regulations promulgated under subsection (b).
 (b)ProceduresNot later than 180 days after the date of enactment of this section, the Office of Personnel Management shall promulgate regulations providing for—
 (1)the circumstances under which an employee may be furloughed under this section; (2)the procedures provided under section 7513 to the extent appropriate and practicable under the circumstances of the furlough; and
 (3)the materials that shall be furnished to a furloughed employee and the Merit Systems Protection Board upon request of the employee or the Board.
 (c)AppealAn employee against whom a furlough action is taken under this section is entitled to appeal to the Merit Systems Protection Board under section 7701 not later than 10 business days after the effective date of the action..
 (c)Administrative law judgesSection 7521(b) of title 5, United States Code, is amended— (1)in subparagraph (B), by striking or at the end;
 (2)in subparagraph (C), by striking the period at the end and inserting ; or; and (3)by adding at the end the following:

 (D)a furlough due to lapse in appropriations action under section 7504.. (d)Technical amendments (1)Section 7503The heading of section 7503 of title 5, United States Code, is amended by striking Cause and procedure and inserting Suspension cause and procedure.
 (2)Section 7513The heading of section 7513 of title 5, United States Code, is amended by striking Cause and procedure and inserting Cause and procedure for actions other than furlough. (e)Clerical amendments (1)Subchapter I of chapter 75 of title 5The table of sections for subchapter I of chapter 75 of title 5, United States Code, is amended by striking the items relating to sections 7503 and 7504 and inserting the following:
					7503. Suspension cause and procedure.7504. Furlough cause and procedure.7505. Regulations..
 (2)Subchapter II of chapter 75 of title 5The table of sections for subchapter II of chapter 75 of title 5, United States Code, is amended— (A)by striking the item relating to section 7513 and inserting the following:
						7513. Cause and procedure for actions other than furlough.;
 and(B)by inserting after the item relating to section 7515 the following: 7516. General furlough cause and procedure.. (f)ApplicationNotwithstanding section 11, the amendments made by this section shall take effect on the earlier of—
 (1)the date that is 180 days after the date of enactment of this Act; or (2)the date on which the Office of Personnel Management promulgates regulations under sections 7504 and 7516 of title 5, United States Code, as added by this section.
				7.Reduction of annuity of employee convicted of a felony for which an adverse action is or would have
			 been taken
			(a)Reduction of annuity of employee convicted of a felony for which an adverse action is taken
 (1)In generalSubchapter II of chapter 83 of title 5, United States Code, is amended by adding at the end the following:

						8323.Reduction of benefits of employees convicted of certain crimes
							(a)Reduction of annuity
 (1)In generalThe felonious service of a covered individual shall not be taken into account for purposes of calculating an annuity with respect to the individual under subchapter III of this chapter or chapter 84 if—
 (A)the covered individual is finally convicted of a felony; and (B)the head of the agency at which the individual was employed determines that the conviction was based on the acts or omissions of the covered individual that—
 (i)were taken or not taken in the performance of the covered individual’s official duties at the agency; and
 (ii)are sufficient to support a removal action under section 7513, 7543, or any other provision of law against the covered individual.
 (2)ProceduresA covered individual against whom a determination is made under paragraph (1) shall be afforded— (A)notice of the determination not later than 15 business days in advance of a final order under paragraph (3); and
 (B)an opportunity to respond to the determination by not later than 10 business days after receipt of the notice.
 (3)Final orderThe head of the agency shall issue a final order to carry out paragraph (1) not later than— (A)in the case of a covered individual who responds under paragraph (2)(B), 5 business days after receiving the response from the covered individual, to the maximum extent practicable; or
 (B)in the case of a covered individual who does not so respond, 15 business days after the date on which the head of the agency provided notice to the individual under paragraph (2)(A), to the maximum extent practicable.
 (4)AppealA covered individual with respect to whom an annuity is to be reduced under this subsection may appeal the final order under paragraph (3) to the Merit Systems Protection Board in accordance with any regulations that the Board may prescribe for purposes of this subsection. An appeal may not be made under this paragraph later than that date that is 10 business days after the date on which an order is issued under paragraph (3).
								(b)Administrative requirements
 (1)In generalNot later than 30 business days after the date on which the head of an agency issues a final order under subsection (a) or a final decision of the Merit Systems Protection Board is rendered (as the case may be) with respect to an individual, the applicable employing agency shall amend the covered individual’s retirement records to reflect the period of service that is no longer creditable by operation of this section and transmit the amended records to the Director of the Office of Personnel Management.
 (2)AnnuitantsWith respect to any covered individual who is an annuitant on the date on which a final order is so issued, the Director of the Office of Personnel Management shall, not later than 30 business days after the receipt of amended retirement records from an agency under paragraph (1), recalculate the annuity of the annuitant.
 (c)Lump-Sum annuity creditA covered individual with respect to whom an annuity is reduced under subsection (a) shall be entitled to be paid so much of the individual’s lump-sum credit as is attributable to the period of felonious service.
 (d)Spouse exceptionThe spouse of any covered individual referred to in subsection (a) shall be eligible for spousal annuity benefits that, but for subsection (a), would otherwise have been payable if the Attorney General of the United States or the attorney general of a State, a territory, or the District of Columbia determines that the spouse fully cooperated with authorities in the conduct of a criminal investigation and subsequent prosecution of the individual that resulted in the benefit reduction.
 (e)ApplicationNothing in this section shall be construed to affect or otherwise mitigate the application of any other section of this subchapter.
 (f)DefinitionsIn this section— (1)the term covered individual means—
 (A)an individual who is removed from a position as an employee (as defined in section 2105) in the civil service for performance or misconduct under section 7513, 7543, or any other provision of law; or
 (B)an individual who— (i)is an employee (as defined in section 2105) subject to a removal action for performance or misconduct under section 7513, 7543, or any other provision of law; and
 (ii)voluntarily separates from service with the employing agency prior to the issuance of a final decision with respect to the removal action;
 (2)the term felonious service means, with respect to a covered individual, the period of service— (A)beginning on the date on which the head of the employing agency determines that the individual commenced engaging in the acts or omissions that gave rise to the removal action or proposed removal action described in paragraph (1); and
 (B)ending on the date that is the earlier of— (i)the date on which the individual is removed from or voluntarily separates from a position at the agency; or
 (ii)the date on which the individual ceases engaging in the acts or omissions that gave rise to the removal action or proposed removal action described in paragraph (1);
 (3)the term finally convicted or final conviction refers to a conviction of a felony— (A)that has not been appealed and is no longer appealable because the time for taking an appeal has expired; or
 (B)that has been appealed and the appeals process for which is completed; (4)the term lump-sum credit has the meaning given that term in section 8331(8) or 8401(19) (as the case may be); and
 (5)the term service has the meaning given that term in section 8331(12) or 8401(26) (as the case may be).. (2)Clerical amendmentThe table of sections for subchapter II of chapter 83 of title 5, United States Code, is amended by adding at the end the following:
					8323. Reduction of benefits of employees convicted of certain crimes..
 (b)ApplicationSection 8323 of title 5, United States Code, as added by subsection (a), shall apply to acts or omissions described in subsection (a)(1)(B) of that section occurring after the date of enactment of this Act.
 (c)RegulationsThe Office of Personnel Management may prescribe regulations to carry out this section and the amendments made by this section.
			8.Authority to recoup bonuses or awards paid to employees
			(a)Authority
 (1)In generalChapter 45 of title 5, United States Code, is amended by adding at the end the following:  IVRepayment of Bonuses or Awards 4531.Recoupment of bonuses or awards paid to employees (a)In generalNotwithstanding any other provision of law, and except as provided in subsection (c), the head of an agency may issue an order directing an employee or former employee of the agency to repay the amount, or a portion of the amount, of any award or bonus paid to the employee under this title, including under this chapter or section 5384, 5753, or 5754, if—
 (1)the agency head determines by clear and convincing evidence that— (A)the employee or former employee engaged in misconduct or unsatisfactory performance prior to payment of the award or bonus; and
 (B)the award or bonus would not have been paid, in whole or in part, had the misconduct or unsatisfactory performance described in subparagraph (A) been known by the agency prior to payment;
 (2)before the repayment, the employee or former employee is afforded— (A)notice of the determination not later than 15 business days in advance of a final order under this subsection; and
 (B)an opportunity to respond to the proposed order by not later than 10 business days after the receipt of the notice; and
 (3)the agency head issues the order not later than— (A)in the case of a proposed order to which an employee or former employee responds under paragraph (2)(B), 5 business days after receiving the response of the employee or former employee (as the case may be), to the maximum extent practicable; or
 (B)in the case of a proposed order to which an employee or former employee does not respond, 15 business days after the agency head provides notice to the employee or former employee (as the case may be) under paragraph (2)(A), to the maximum extent practicable.
										(b)Recruitment, relocation, or retention bonus
 (1)In generalIn addition to ordering an employee to repay any payments received under a service agreement under subsection (a), the head of an agency shall terminate a recruitment, relocation, or retention service agreement and make no further recruitment, relocation, or retention bonus payments under the agreement.
 (2)ApplicationA bonus repayment order or a termination or withholding of a bonus payment under this subsection shall supersede any other bonus payment or repayment requirement established by law or regulation.
 (c)Office of Special Counsel filingIf an employee or former employee has filed a claim with the Office of Special Counsel, an agency seeking repayment of any bonus or award from the employee or former employee shall provide the Office with notice of intent to seek repayment, and the repayment order shall not be effective unless and until the Office approves the order.
 (d)AppealUpon the issuance of an order by an agency head under subsection (a) with respect to an employee or former employee, the employee or former employee (as the case may be) shall have an opportunity to appeal the order to the Merit Systems Protection Board under section 7701 not later than 10 business days after the date of the issuance..
 (2)Clerical amendmentThe table of sections for chapter 45 of title 5, United States Code, is amended by adding after the item relating to section 4523 the following:
					SUBCHAPTER IV—REPAYMENT OF BONUSES OR AWARDS4531. Recoupment of bonuses or awards paid to employees..
				(b)Other bonuses or awards
 (1)In generalNotwithstanding any other provision of law, a bonus or award to an employee (as that term is defined in section 2105 of title 5, United States Code) that is similar to a bonus or award covered by section 4531 of that title (as added by subsection (a)) shall be subject to the requirements in such section 4531. The head of the applicable agency shall ensure that such section 4531 shall apply to employees of that agency.
 (2)ApplicationAn employee covered by such section 4531 by operation of paragraph (1) may not appeal any decision regarding a bonus under that section or paragraph to the Merit Systems Protection Board if the employee is not otherwise authorized by law to appeal to the Board.
				(c)Service agreements
 (1)In generalThe Director of the Office of Personnel Management shall direct each agency (as that term is defined in section 4501(1) of title 5, United States Code) to incorporate into service agreements entered into after the date of enactment of this Act under sections 5753 and 5754 of that title terms addressing the conditions under which the agreement and bonus payments shall be terminated and employees may be required to repay bonus payments under such section 4531.
 (2)Conforming amendmentsSubchapter IV of chapter 57 of title 5, United States Code, is amended— (A)in section 5753(c)(2)(A)—
 (i)in clause (iii), by striking and at the end; (ii)by redesignating clause (iv) as clause (v); and
 (iii)by inserting after clause (iii) the following:  (iv)notwithstanding any additional bonus payment and service agreement termination requirements under this subsection, the conditions under which—
 (I)the agreement and bonus payments shall be terminated under section 4531; and (II)the employee may be required to repay bonus payments under section 4531 during or after the completion of the service period; and; and
 (B)in section 5754(d)— (i)in paragraph (2)(A)—
 (I)in clause (iii), by striking and at the end; (II)by redesignating clause (iv) as clause (v); and
 (III)by inserting after clause (iii) the following:  (iv)notwithstanding any additional bonus payment and service agreement termination requirements under this subsection, the conditions under which—
 (I)the agreement and bonus payments shall be terminated under section 4531; and (II)the employee may be required to repay bonus payments under section 4531 during or after the completion of the service period; and;
 (ii)by striking paragraph (3); and (iii)by redesignating paragraph (4) as paragraph (3).
 (d)RegulationsNot later than 1 year after the date of enactment of this Act, the Director of the Office of Personnel Management shall issue any regulations necessary to carry out section 4531 of title 5, United States Code, as added by subsection (a).
 (e)Effective dateSection 4531 of title 5, United States Code, as added by subsection (a), shall apply with respect to an award or bonus authorized by an agency to an employee of the agency on or after the effective date provided in section 11 of this Act.
			9.Extension of probationary period for positions within the Senior Executive Service
 (a)In generalSection 3393(d) of title 5, United States Code, is amended by striking 1-year and inserting 2-year. (b)Conforming amendmentSection 3592(a)(1) of title 5, United States Code, is amended by striking 1-year and inserting 2-year.
 (c)ApplicationThe amendments made by this section shall apply in the case of any individual initially appointed as a career appointee under section 3393 of title 5, United States Code, on or after the effective date provided in section 11 of this Act.
			10.Extension of probationary period for employees in the competitive service
			(a)Extension of probationary period
 (1)In generalSection 3321 of title 5, United States Code, is amended— (A)in subsection (a), by striking The President and inserting Subject to subsections (c) and (d), the President;
 (B)by redesignating subsection (c) as subsection (e); and (C)by inserting after subsection (b) the following:

 (c)(1)The length of a probationary period established under paragraph (1) or (2) of subsection (a) shall— (A)with respect to any position that requires formal training, begin on the date of the appointment to the position and end on the date that is 2 years after the date on which the formal training is completed;
 (B)with respect to any position that requires a license, begin on the date of the appointment to the position and end on the date that is 2 years after the date of the appointment or the date on which the license is granted, whichever is later; and
 (C)with respect to any position not covered by subparagraph (A) or (B), be a period of 2 years beginning on the date of the appointment to the position.
 (2)For purposes of paragraph (1)— (A)the term formal training means, with respect to any position, a training program required by law, rule, or regulation, or otherwise required by the employing agency, to be completed by the employee before the employee is able to successfully execute the duties of the applicable position; and
 (B)the term license means a license, certification, or other grant of permission to engage in a particular activity. (d)The head of each agency shall, in the administration of this section, take appropriate measures to ensure that—
 (1)any announcement of a vacant position and any offer of appointment made to an individual with respect to a vacant position clearly states the terms and conditions of any applicable probationary period, including any formal training period and any license requirement;
 (2)any individual who is required to complete a probationary period under this section receives timely notice of any requirements, including performance requirements, that must be met in order to satisfactorily complete that period;
 (3)any supervisor or manager of an individual who is required to complete a probationary period under this section receives periodic notifications of the end date of that period not later than 1 year, 6 months, 3 months, and 30 days before the end date; and
 (4)if the agency head decides to retain an individual after the completion of a probationary period under this section, the agency head submits a certification to that effect to the President, supported by a brief statement of the basis for the certification, in such form and manner as the President may by regulation prescribe..
 (2)Technical amendmentSection 3321(e) of title 5, United States Code (as so redesignated by paragraph (1)), is amended by striking Subsections (a) and (b) and inserting Subsections (a) through (d).
 (3)ApplicationThis subsection and the amendments made by this subsection 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 that title) taking effect on or after the effective date provided in section 11 of this Act.
				(b)Adverse actions
 (1)Subchapter I of chapter 75 of title 5Section 7501(1) of title 5, United States Code, as amended by sections 5(c) and 6(a)(1), is further amended—
 (A)by striking or, except and inserting and, except; and (B)by striking 1 year of current and inserting 2 years of current.
 (2)Subchapter II of chapter 75 of title 5Section 7511(a)(1) of title 5, United States Code, is amended— (A)in subparagraph (A)—
 (i)in clause (i), by striking ; or and inserting ; and; and (ii)in clause (ii), by striking 1 year the first place it appears and inserting 2 years;
 (B)in subparagraph (B), by striking 1 year and inserting 2 years; and (C)in subparagraph (C)(i), by striking ; or and inserting ; and.
 (3)ApplicationThe amendments made by paragraphs (1) and (2) shall apply in the case of any individual whose period of continuous service commences on or after the effective date provided in section 11.
 (c)RegulationsThe Office of Personnel Management may prescribe regulations to carry out this section and the amendments made by this section.
			11.Application
 (a)Effective dateUnless otherwise specifically provided for in this Act, the amendments made by this Act shall take effect on the date that is 1 year after the date of enactment of this Act.
 (b)Collective bargaining agreementsNotwithstanding any other provision of law, the procedures established or amended by this Act shall supersede any collective bargaining agreement to the extent that the agreement is inconsistent with those procedures.
 (c)Definition of business dayFor purposes of carrying out this Act and the amendments made by this Act, the term business day means any day other than a Saturday, Sunday, or legal public holiday under section 6103(a) of title 5, United States Code.