The Anti-Deficiency Reform and Enforcement Act of 2019
This bill strengthens penalties for federal employees who violate the Anti-Deficiency Act. Additionally, the bill authorizes an agency to award a cash payment to an employee who discloses a potential violation of the Anti-Deficiency Act, and it requires the Inspector General of each agency to assess biennially whether any such violation occurred at the agency.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1203 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 1203
To strengthen and enhance the authority to discipline officers and
employees of the Federal Government for violating the Anti-Deficiency
Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 13, 2019
Mr. Mitchell introduced the following bill; which was referred to the
Committee on Oversight and Reform
_______________________________________________________________________
A BILL
To strengthen and enhance the authority to discipline officers and
employees of the Federal Government for violating the Anti-Deficiency
Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anti-Deficiency Reform and
Enforcement Act of 2019''.
SEC. 2. ADVERSE ACTIONS FOR VIOLATIONS OF THE ANTI-DEFICIENCY ACT.
(a) Expending or Obligating Amounts; Voluntary Services.--
(1) In general.--Section 1349 of title 31, United States
Code, is amended--
(A) in subsection (a), by striking ``An officer''
and inserting ``Consistent with the requirements of
subsections (b) and (c), an officer''; and
(B) by striking subsection (b) and inserting the
following:
``(b)(1) The head of an agency shall remove, or in the case of a
temporary or probationary employee, terminate the employment of, an
officer or employee of the United States Government if the head
determines that such officer or employee knowingly violated section
1341(a) or 1342, as described under paragraph (2).
``(2) An officer or employee of the United States Government who
committed an act in violation of section 1341(a) or 1342 did so
knowingly if such officer or employee--
``(A) acted with actual knowledge that his or her actions
would violate section 1341(a) or 1342; or
``(B) acted in reckless disregard of whether his or her
actions would violate section 1341(a) or 1342.
``(c)(1) The head of an agency shall take an appropriate adverse
action against an officer or employee of the United States Government
for a violation of section 1341(a) or 1342 if the head determines that
the failure of such officer or employee to exercise reasonable care in
carrying out his or her duties led to such violation.
``(2) An appropriate adverse action under this subsection shall be
removal (or termination in the case of a temporary or probationary
employee), demotion, or suspension.
``(d) An officer or employee who willfully uses or authorizes the
use of a passenger motor vehicle or aircraft owned or leased by the
United States Government (except for an official purpose authorized by
section 1344) or otherwise violates section 1344 shall be suspended
without pay by the head of the agency. The officer or employee shall be
suspended for at least one month, and when circumstances warrant, for a
longer period or removed from office.''.
(2) Reports.--Section 1351 of title 31, United States Code,
is amended--
(A) by striking ``If an officer'' and inserting
``(a) If an officer'';
(B) by inserting after ``actions taken'' the
following: ``, including, with respect to an officer or
employee of the United States Government, whether the
violation was committed knowingly (as described in
section 1349(b)) or whether a failure to exercise
reasonable care in carrying out duties led to the
violation'';
(C) by striking ``Congress'' each place it appears
and inserting ``the appropriate congressional
committees''; and
(D) by adding at the end the following:
``(b) In this section, the term `appropriate congressional
committees' means the Committee on Oversight and Reform of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate.''.
(b) Apportionment.--
(1) In general.--Section 1518 of title 31, United States
Code, is amended--
(A) by striking ``An officer'' and inserting ``(a)
Consistent with the requirements of subsections (b) and
(c), an officer''; and
(B) by adding at the end the following:
``(b)(1) The head of an agency shall remove, or in the case of a
temporary or probationary employee, terminate the employment of, an
officer or employee of the United States Government if the head
determines that such officer or employee knowingly made, authorized, or
involved the Government in a contract, obligation, or expenditure in
violation of section 1517(a), as described under paragraph (2).
``(2) An officer or employee of the United States Government who
committed an act in violation of section 1517(a) did so knowingly if
such officer or employee--
``(A) acted with actual knowledge that his or her actions
would violate section 1517(a); or
``(B) acted in reckless disregard of whether his or her
actions would violate section 1517(a).
``(c)(1) The head of an agency shall take an appropriate adverse
action against an officer or employee of the United States Government
for a violation of section 1517(a) if the head determines that the
failure of such officer or employee to exercise reasonable care in
carrying out his or her duties led to such violation.
``(2) An appropriate adverse action under this subsection shall be
removal (or termination in the case of a temporary or probationary
employee), demotion, or suspension.''.
(2) Reports.--Section 1517(b) of title 31, United States
Code, is amended--
(A) by striking ``(b) If an officer'' and inserting
``(b)(1) If an officer'';
(B) by inserting after ``actions taken'' the
following: ``, including, with respect to an officer or
employee of the United States Government, whether the
violation was committed knowingly (as described in
section 1518(b)) or whether a failure to exercise
reasonable care in carrying out duties led to the
violation'';
(C) by striking ``Congress'' each place it appears
and inserting ``the appropriate congressional
committees''; and
(D) by adding at the end the following:
``(2) In this subsection, the term `appropriate congressional
committees' means the Committee on Oversight and Reform of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate.''.
(c) Clarification of Appeal Rights.--Nothing in this section or the
amendments made by this section shall be construed to--
(1) waive, modify, or otherwise affect the right of an
officer or employee of the United States Government to appeal
an adverse action taken against such an officer or employee for
a violation of section 1349 or 1518 of title 31, United States
Code (as amended by subsections (a)(1) and (b)(1),
respectively), including an appeal to the Merit Systems
Protection Board, if such a right is afforded by any other
provision of law, rule, or regulation; or
(2) extend or otherwise grant any appeal right with respect
to such an adverse action to an officer or employee of the
United States Government who is not otherwise afforded such a
right under any other provision of law, rule, or regulation.
SEC. 3. LEGAL OPINIONS RELATING TO POTENTIAL VIOLATIONS OF THE ANTI-
DEFICIENCY ACT.
(a) In General.--Subchapter II of chapter 7 of subtitle I of title
31, United States Code, is amended by adding at the end the following:
``Sec. 722. Legal opinions relating to potential violations of the
Anti-Deficiency Act
``(a)(1) Not later than 100 days after the date on which the
Committee on Oversight and Reform of the House of Representatives or
the Committee on Homeland Security and Governmental Affairs of the
Senate requests a legal opinion from the Comptroller General relating
to a potential violation of section 1341, 1342, or 1517 by an officer
or employee of the United States Government, the Comptroller General
shall submit such opinion to--
``(A) each Committee; and
``(B) the employing entity of such officer or employee.
``(2) The legal opinion required under paragraph (1) shall--
``(A) address whether the alleged violation of section
1341, 1342, or 1517 occurred;
``(B) include recommendations to the employing entity,
including whether the entity should submit a report under
section 1351 or 1517(b); and
``(C) take into consideration any report submitted by the
employing entity of such officer or employee under subsection
(b).
``(b) Before submitting a legal opinion under subsection (a)(1),
the Comptroller General shall notify the applicable employing entity of
the request for a legal opinion, and such entity shall submit to the
Comptroller General a report, including any relevant documents, on such
request--
``(1) not later than 45 days after the date on which the
entity receives the notice; or
``(2) if the Comptroller General determines that a shorter
or longer period is appropriate based on the specific
circumstances of the request, within such shorter or longer
period.
``(c) With respect to any case in which the Comptroller General
determines under subsection (b)(2) that a longer period for the
submission of a complete report is appropriate, such period may not
extend the deadline for the submission of a legal opinion by the
Comptroller General under subsection (a)(1).
``(d) Not later than 60 days after receiving a legal opinion under
subsection (a), the employing entity shall submit a report on actions
taken or planned to be taken on any recommendation in the opinion, in
accordance with section 720(b).
``(e) With respect to the computation of any period of time under
this section, the following rules apply:
``(1) The period does not include the date on which the
request is submitted under subsection (a)(1), notice is
provided under subsection (b), or a legal opinion is received
under subsection (d), as the case may be.
``(2) In the case of a period with respect to which the
last day is a Saturday, Sunday, legal holiday, or a day on
which weather or other conditions cause the closing of the
Government Accountability Office, the next day that is not any
such day is the last day of that period.''.
(b) Clerical Amendment.--The table of sections of subchapter II of
chapter 7 of title 31, United States Code, is amended by inserting
after the item relating to section 721 the following:
``722. Legal opinions relating to potential violations of the Anti-
Deficiency Act.''.
SEC. 4. AWARDS FOR ANTI-DEFICIENCY ACT DISCLOSURES.
(a) In General.--Subchapter II of chapter 45 of title 5, United
States Code, is amended by adding after section 4513 the following:
``Sec. 4514. Agency awards for disclosures of Anti-Deficiency Act
violations
``(a) The Inspector General of an agency, or any other agency
employee designated under subsection (b), may award a cash payment to
any employee of such agency whose disclosure of a potential Anti-
Deficiency Act violation to the Inspector General, or to such other
designated agency employee, resulted in a report of an Anti-Deficiency
Act violation under section 1351 or 1517(b) of title 31. An award under
this section shall be derived from the appropriations account of the
agency used for employee awards or bonuses, subject to the availability
of appropriations. The amount of an award under this section may not
exceed the lesser of--
``(1) $1,000; or
``(2) an amount equal to 1 percent of the amount of such
violation.
``(b) In the case of an agency for which there is no Inspector
General, the head of the agency shall designate an agency employee who
shall have the authority to make the determinations and grant the
awards permitted under this section.
``(c) In making cash awards under this chapter, the President or
the head of an agency may take into account an employee's--
``(1) disclosure of a potential Anti-Deficiency Act
violation; or
``(2) recommendations to mitigate or prevent any Anti-
Deficiency Act violation.
``(d) In this section, the term `Anti-Deficiency Act violation'
means a violation of section 1341(a), 1342, or 1517(a) of title 31.''.
(b) Clerical Amendments.--
(1) Table of sections.--The table of sections for
subchapter II of chapter 45 of title 5, United States Code, is
amended--
(A) by striking the item relating to subchapter II
and inserting the following:
``subchapter ii--awards for disclosures'';
and
(B) by inserting after the item relating to section
4513 the following:
``4514. Agency awards for disclosures of Anti-Deficiency Act
violations.''.
(2) Subchapter heading.--The heading for such subchapter is
amended by striking ``COST SAVINGS''.
SEC. 5. INSPECTOR GENERAL REVIEWS.
(a) In General.--Not later than November 30, 2019, and every two
years thereafter, the Inspector General of each agency shall, to the
extent practicable, conduct an assessment of the applicable agency--
(1) assessing whether an Anti-Deficiency Act violation
occurred in the preceding two fiscal years that was not
reported under section 1351 or 1517(b) of title 31, United
States Code; and
(2) identifying internal controls, policies, procedures,
rules, regulations, or management practices that may be
contributing to any such violation, or could contribute to such
violations.
(b) Report.--The Inspector General shall include the results of the
assessment under subsection (a) as part of the appropriate semiannual
report submitted pursuant to section 5 of the Inspector General Act of
1978 (5 U.S.C. App.) and shall include in such report recommendations
to reduce Anti-Deficiency Act violations.
(c) Coordination.--The Inspectors General shall coordinate with
each other to share best practices and methodologies for conducting the
assessment required under subsection (a).
(d) Definition of Anti-Deficiency Act Violation.--In this section,
the term ``Anti-Deficiency Act violation'' means a violation of section
1341(a), 1342, or 1517(a) of title 31, United States Code.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Reform.
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