[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1378 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 720
114th CONGRESS
  2d Session
                                S. 1378

  To strengthen employee cost savings suggestions programs within the 
                          Federal Government.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 19, 2015

 Mr. Paul (for himself, Mr. Warner, Mr. Enzi, Mr. Gardner, Mr. Toomey, 
   Mr. Bennet, Mr. Daines, Mr. Portman, Mr. Cornyn, Ms. Ayotte, Mrs. 
  Ernst, Mr. Lankford, Mrs. McCaskill, Mr. Johnson, Mr. Lee, and Mr. 
    Perdue) introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

                            December 9, 2016

               Reported by Mr. Johnson, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To strengthen employee cost savings suggestions programs within the 
                          Federal Government.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Bonuses for Cost-Cutters 
Act of 2015''.</DELETED>

<DELETED>SEC. 2. COST SAVINGS ENHANCEMENTS.</DELETED>

<DELETED>    (a) In General.--Section 4512 of title 5, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in the matter preceding paragraph (1), 
                by inserting ``or identification of surplus funds or 
                unnecessary budget authority'' after 
                ``mismanagement'';</DELETED>
                <DELETED>    (B) in paragraph (2), by inserting ``or 
                identification'' after ``disclosure''; and</DELETED>
                <DELETED>    (C) in the matter following paragraph (2), 
                by inserting ``or identification'' after 
                ``disclosure''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(c) The Inspector General of an agency or other agency 
employee designated under subsection (b) shall refer to the Chief 
Financial Officer of the agency any potential surplus funds or 
unnecessary budget authority identified by an employee, along with any 
recommendations of the Inspector General or other agency 
employee.</DELETED>
<DELETED>    ``(d)(1) If the Chief Financial Officer of an agency 
determines that rescission of potential surplus funds or unnecessary 
budget authority identified by an employee would not hinder the 
effectiveness of the agency, except as provided in subsection (e), the 
head of the agency shall transfer the amount of the surplus funds or 
unnecessary budget authority from the applicable appropriations account 
to the general fund of the Treasury.</DELETED>
<DELETED>    ``(2) Title X of the Congressional Budget and Impoundment 
Control Act of 1974 (2 U.S.C. 681 et seq.) shall not apply to transfers 
under paragraph (1).</DELETED>
<DELETED>    ``(3) Any amounts transferred under paragraph (1) shall be 
deposited in the Treasury and used for deficit reduction, except that 
in the case of a fiscal year for which there is no Federal budget 
deficit, such amounts shall be used to reduce the Federal debt (in such 
manner as the Secretary of the Treasury considers 
appropriate).</DELETED>
<DELETED>    ``(e)(1) The head of an agency may retain not more than 10 
percent of amounts to be transferred to the general fund of the 
Treasury under subsection (d).</DELETED>
<DELETED>    ``(2) Amounts retained by the head of an agency under 
paragraph (1) may be--</DELETED>
        <DELETED>    ``(A) used for the purpose of paying a cash award 
        under subsection (a) to 1 or more employees who identified the 
        surplus funds or unnecessary budget authority; and</DELETED>
        <DELETED>    ``(B) to the extent amounts remain after paying 
        cash awards under subsection (a), transferred or reprogrammed 
        for use by the agency, in accordance with any limitation on 
        such a transfer or reprogramming under any other provision of 
        law.</DELETED>
<DELETED>    ``(f)(1) The head of each agency shall submit to the 
Director of the Office of Personnel Management an annual report 
regarding--</DELETED>
        <DELETED>    ``(A) each disclosure of possible fraud, waste, or 
        mismanagement or identification of potentially surplus funds or 
        unnecessary budget authority by an employee of the agency 
        determined by the agency to have merit;</DELETED>
        <DELETED>    ``(B) the total savings achieved through 
        disclosures and identifications described in subparagraph (A); 
        and</DELETED>
        <DELETED>    ``(C) the number and amount of cash awards by the 
        agency under subsection (a).</DELETED>
<DELETED>    ``(2)(A) The head of each agency shall include the 
information described in paragraph (1) in each budget request of the 
agency submitted to the Office of Management and Budget as part of the 
preparation of the budget of the President submitted to Congress under 
section 1105(a) of title 31, United States Code.</DELETED>
<DELETED>    ``(B) The Director of the Office of Personnel Management 
shall submit to the Committee on Appropriations of the Senate, the 
Committee on Appropriations of the House of Representatives, and the 
Government Accountability Office an annual report on Federal cost 
saving and awards based on the reports submitted under subparagraph 
(A).</DELETED>
<DELETED>    ``(g) The Director of the Office of Personnel Management 
shall--</DELETED>
        <DELETED>    ``(1) ensure that the cash award program of each 
        agency complies with this section; and</DELETED>
        <DELETED>    ``(2) submit to Congress an annual certification 
        indicating whether the cash award program of each agency 
        complies with this section.</DELETED>
<DELETED>    ``(h) Not later than 3 years after the date of enactment 
of the Bonuses for Cost-Cutters Act of 2015, and every 3 years 
thereafter, the Comptroller General of the United States shall submit 
to Congress a report on the operation of the cost savings and awards 
program under this section, including any recommendations for 
legislative changes.''.</DELETED>
<DELETED>    (b) Officers Eligible for Cash Awards.--</DELETED>
        <DELETED>    (1) In general.--Section 4509 of title 5, United 
        States Code, is amended to read as follows:</DELETED>
<DELETED>``Sec. 4509. Prohibition of cash award to certain 
              officers</DELETED>
<DELETED>    ``(a) Definitions.--In this section, the term `agency'--
</DELETED>
        <DELETED>    ``(1) has the meaning given that term under 
        section 551(1); and</DELETED>
        <DELETED>    ``(2) includes an entity described in section 
        4501(1).</DELETED>
<DELETED>    ``(b) Prohibition.--An officer may not receive a cash 
award under this subchapter if the officer--</DELETED>
        <DELETED>    ``(1) serves in a position at level I of the 
        Executive Schedule;</DELETED>
        <DELETED>    ``(2) is the head of an agency; or</DELETED>
        <DELETED>    ``(3) is a commissioner, board member, or other 
        voting member of an independent establishment.''.</DELETED>
        <DELETED>    (2) Technical and conforming amendment.--The table 
        of sections for chapter 45 of title 5, United States Code, is 
        amended by striking the item relating to section 4509 and 
        inserting the following:</DELETED>

<DELETED>``4509. Prohibition of cash award to certain officers.''.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bonuses for Cost-Cutters Act of 
2016''.

SEC. 2. COST SAVINGS ENHANCEMENTS.

    (a) In General.--
            (1) Definitions.--Section 4511 of title 5, United States 
        Code, is amended--
                    (A) in the section heading, by striking 
                ``Definition'' and inserting ``Definitions''; and
                    (B) in subsection (a)--
                            (i) by striking ``this subchapter, the 
                        term'' and inserting the following: ``this 
                        subchapter--
            ``(1) the term'';
                            (ii) by striking the period at the end and 
                        inserting ``; and''; and
                            (iii) by adding at the end the following:
            ``(2) the term `surplus salaries and expenses funds' means 
        amounts made available for the salaries and expenses account, 
        or equivalent account, of an agency--
                    ``(A) that are identified by an employee of the 
                agency under section 4512(a) as unnecessary;
                    ``(B) that the Inspector General of the agency or 
                other agency employee designated under section 4512(b) 
                determines are not required for the purpose for which 
                the amounts were made available;
                    ``(C) that the Chief Financial Officer of the 
                agency determines are not required for the purpose for 
                which the amounts were made available; and
                    ``(D) the rescission of which would not be 
                detrimental to the full execution of the purposes for 
                which the amounts were made available.''.
            (2) Authority.--Section 4512 of title 5, United States 
        Code, is amended--
                    (A) in subsection (a)--
                            (i) in the matter preceding paragraph (1), 
                        by inserting ``or identification of surplus 
                        salaries and expenses funds'' after 
                        ``mismanagement'';
                            (ii) in paragraph (2), by inserting ``or 
                        identification'' after ``disclosure''; and
                            (iii) in the matter following paragraph 
                        (2), by inserting ``or identification'' after 
                        ``disclosure''; and
                    (B) by adding at the end the following:
    ``(c)(1) The Inspector General of an agency or other agency 
employee designated under subsection (b) shall refer to the Chief 
Financial Officer of the agency any potential surplus salaries and 
expenses funds identified by an employee that the Inspector General or 
other agency employee determines meets the requirements under 
subparagraphs (B) and (D) of section 4511(a)(2), along with any 
recommendations of the Inspector General or other agency employee.
    ``(2)(A) If the Chief Financial Officer of the agency determines 
that potential surplus salaries and expenses funds referred under 
paragraph (1) meet the requirements under section 4511(a)(2), except as 
provided in subsection (d), the head of the agency shall transfer the 
amount of the surplus funds or unnecessary budget authority from the 
applicable appropriations account to the general fund of the Treasury.
    ``(B) Any amounts transferred under subparagraph (A) shall be 
deposited in the Treasury and used for deficit reduction, except that 
in the case of a fiscal year for which there is no Federal budget 
deficit, such amounts shall be used to reduce the Federal debt (in such 
manner as the Secretary of the Treasury considers appropriate).
    ``(3) The Inspector General or other agency employee designated 
under subsection (b) for each agency and the Chief Financial Officer 
for each agency shall issue standards and definitions for purposes of 
making determinations relating to potential surplus salaries and 
expenses funds identified by an employee under this subsection.
    ``(d)(1) The head of an agency may retain not more than 10 percent 
of amounts to be transferred to the general fund of the Treasury under 
subsection (c)(2).
    ``(2) Amounts retained by the head of an agency under paragraph (1) 
may be--
            ``(A) used for the purpose of paying a cash award under 
        subsection (a) to 1 or more employees who identified the 
        surplus salaries and expenses funds; and
            ``(B) to the extent amounts remain after paying cash awards 
        under subsection (a), transferred or reprogrammed for use by 
        the agency, in accordance with any limitation on such a 
        transfer or reprogramming under any other provision of law.
    ``(e)(1) Not later than October 1 of each fiscal year, the head of 
each agency shall submit to the Secretary of the Treasury a report 
identifying the total savings achieved during the previous fiscal year 
through disclosures of possible fraud, waste, or mismanagement and 
identifications of surplus salaries and expenses funds by an employee.
    ``(2) Not later than September 30 of each fiscal year, the head of 
each agency shall submit to the Secretary of the Treasury a report 
that, for the previous fiscal year--
            ``(A) describes each disclosure of possible fraud, waste, 
        or mismanagement or identification of potentially surplus 
        salaries and expenses funds by an employee of the agency 
        determined by the agency to have merit; and
            ``(B) provides the number and amount of cash awards by the 
        agency under subsection (a).
    ``(3) The head of each agency shall include the information 
described in paragraphs (1) and (2) in each budget request of the 
agency submitted to the Office of Management and Budget as part of the 
preparation of the budget of the President submitted to Congress under 
section 1105(a) of title 31.
    ``(4) The Secretary of the Treasury shall submit to the Committee 
on Appropriations of the Senate, the Committee on Appropriations of the 
House of Representatives, and the Government Accountability Office an 
annual report on Federal cost saving and awards based on the reports 
submitted under paragraphs (1) and (2).
    ``(f) The Director of the Office of Personnel Management shall--
            ``(1) ensure that the cash award program of each agency 
        complies with this section; and
            ``(2) submit to Congress an annual certification indicating 
        whether the cash award program of each agency complies with 
        this section.
    ``(g) Not later than 3 years after the date of enactment of this 
subsection, and every 3 years thereafter, the Comptroller General of 
the United States shall submit to Congress a report on the operation of 
the cost savings and awards program under this section, including any 
recommendations for legislative changes.''.
            (3) Technical and conforming amendment.--The table of 
        sections for subchapter II of chapter 45 of title 5, United 
        States Code, is amended by striking the item relating to 
        section 4511 and inserting the following:

``4511. Definitions and general provisions.''.
            (4) Sunset.--Effective 6 years after the date of enactment 
        of this Act--
                    (A) section 4511 of title 5, United States Code, is 
                amended--
                            (i) in the section heading, by striking 
                        ``Definitions'' and inserting ``Definition'';
                            (ii) in subsection (a)--
                                    (I) in paragraph (1), by striking 
                                ``; and'' and inserting a period;
                                    (II) by striking ``this 
                                subchapter--'' and all that follows 
                                through ``the term `agency' means'' and 
                                inserting ``this subchapter, the term 
                                `agency' means''; and
                                    (III) by striking paragraph (2);
                    (B) section 4512 of title 5, United States Code, is 
                amended--
                            (i) in subsection (a)--
                                    (I) in the matter preceding 
                                paragraph (1), by striking ``or 
                                identification of surplus salaries and 
                                expenses funds'';
                                    (II) in paragraph (2), by striking 
                                ``or identification''; and
                                    (III) in the matter following 
                                paragraph (2), by striking ``or 
                                identification''; and
                            (ii) by striking subsections (c) through 
                        (g); and
                    (C) the table of sections for subchapter II of 
                chapter 45 of title 5, United States Code, is amended 
                by striking the item relating to section 4511 and 
                inserting the following:

``4511. Definition and general provisions.''.
    (b) Officers Eligible for Cash Awards.--
            (1) In general.--Section 4509 of title 5, United States 
        Code, is amended to read as follows:
``Sec. 4509. Prohibition of cash award to certain officers
    ``(a) Definitions.--In this section, the term `agency'--
            ``(1) has the meaning given that term under section 551(1); 
        and
            ``(2) includes an entity described in section 4501(1).
    ``(b) Prohibition.--An officer may not receive a cash award under 
this subchapter if the officer--
            ``(1) serves in a position at level I of the Executive 
        Schedule;
            ``(2) is the head of an agency; or
            ``(3) is a commissioner, board member, or other voting 
        member of an independent establishment.''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 45 of title 5, United States Code, is 
        amended by striking the item relating to section 4509 and 
        inserting the following:

``4509. Prohibition of cash award to certain officers.''.
                                                       Calendar No. 720

114th CONGRESS

  2d Session

                                S. 1378

_______________________________________________________________________

                                 A BILL

  To strengthen employee cost savings suggestions programs within the 
                          Federal Government.

_______________________________________________________________________

                            December 9, 2016

                       Reported with an amendment