[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3011 Placed on Calendar Senate (PCS)]

<DOC>





                                                       Calendar No. 505
114th CONGRESS
  2d Session
                                S. 3011

 To improve the accountability, efficiency, transparency, and overall 
                effectiveness of the Federal Government.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 26, 2016

  Mr. Johnson introduced the following bill; which was read the first 
                                  time

                              June 6, 2016

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
 To improve the accountability, efficiency, transparency, and overall 
                effectiveness of the Federal Government.

    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 ``Bolster Accountability to Drive 
Government Efficiency and Reform Washington Act of 2016''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
          TITLE I--EFFICIENCY, TRANSPARENCY, AND OTHER REFORMS

         Subtitle A--Federal Real Property Sale and Management

Sec. 1101. Definitions.
Sec. 1102. Federal Real Property Reform Board.
Sec. 1103. Property management.
Sec. 1104. Agency retention of proceeds.
Sec. 1105. Surplus property donations to museums.
Sec. 1106. Duties of Federal agencies.
Sec. 1107. Streamlining the McKinney-Vento Homeless Assistance Act.
                  Subtitle B--Taxpayers Right to Know

Sec. 1201. Short title.
Sec. 1202. Inventory of Government programs.
Sec. 1203. Guidance and implementation.
       Subtitle C--Stopping Improper Payments to Deceased People

Sec. 1301. Short title.
Sec. 1302. Distribution of death information furnished to or maintained 
                            by the social security administration.
Sec. 1303. Improving the use of death data by government agencies to 
                            curb improper payments.
Sec. 1304. Plan for ensuring the accuracy and completeness of death 
                            data maintained and distributed by the 
                            Social Security Administration.
Sec. 1305. Report on information security.
             Subtitle D--Fraud Reduction and Data Analytics

Sec. 1401. Short title.
Sec. 1402. Definitions.
Sec. 1403. Establishment of financial and administrative controls 
                            relating to fraud and improper payments.
Sec. 1404. Working group.
       Subtitle E--Duplication Reduction and Agency Coordination

Sec. 1501. Short title.
Sec. 1502. Purpose.
Sec. 1503. Identification, consolidation, and elimination of 
                            unnecessarily duplicative Government 
                            programs.
Sec. 1504. Improvements to elimination of unnecessary duplication.
                    Subtitle F--Administrative Leave

Sec. 1601. Short title.
Sec. 1602. Sense of Congress.
Sec. 1603. Administrative leave.
Sec. 1604. Investigative leave and notice leave.
Sec. 1605. Leave for weather and safety issues.
Sec. 1606. Additional oversight.
            Subtitle G--Enhancements for Inspectors General

                 PART I--Inspector General Empowerment

Sec. 1701. Short title.
Sec. 1702. Nonduty status of Inspectors General; nominal supervision.
Sec. 1703. Additional authority provisions for Inspectors General.
Sec. 1704. Additional responsibilities and resources of the Council of 
                            the Inspectors General on Integrity and 
                            Efficiency.
Sec. 1705. Reports and additional information.
Sec. 1706. Full and prompt access to all documents.
Sec. 1707. Access to information for certain Inspectors General.
Sec. 1708. Technical and conforming amendments.
             PART II--Inspector General Mandates Reporting

Sec. 1751. Short title.
Sec. 1752. Reporting requirements of Inspectors General.
     Subtitle H--Enhancements for Government Accountability Office

      PART I--Government Accountability Office Mandates Revisions

Sec. 1801. Short title.
Sec. 1802. Reports eliminated.
Sec. 1803. Reports modified.
     PART II--Government Accountability Office Access and Oversight

Sec. 1851. Short title.
Sec. 1852. Access to certain information.
             Subtitle I--Stopping Wasteful Federal Bonuses

Sec. 1901. Short title.
Sec. 1902. Bonuses.
        Subtitle J--Eliminating Government-funded Oil-paintings

Sec. 1921. Short title.
Sec. 1922. Prohibition on use of funds for portraits.
            Subtitle K--Presidential Allowance Modernization

Sec. 1941. Short title.
Sec. 1942. Amendments.
Sec. 1943. Rule of construction.
Sec. 1944. Transition rules.
Sec. 1945. Applicability.
          Subtitle L--Making Electronic Government Accountable

Sec. 1961. Short title.
Sec. 1962. OMB Directive on management of software licenses.
       Subtitle M--Construction Consensus Procurement Improvement

Sec. 1981. Short title.
Sec. 1982. Congressional findings.
Sec. 1983. Design-build construction process improvement.
Sec. 1984. Prohibition on the use of a reverse auction for the award of 
                            a contract for design and construction 
                            services.
                 TITLE II--ACCOUNTABILITY ENHANCEMENTS

      Subtitle A--Expanded Whistleblower Protections for Employees

Sec. 2101. Short title.
                      PART I--Employees Generally

Sec. 2121. Definitions.
Sec. 2122. Stays; probationary employees.
Sec. 2123. Adequate access of Special Counsel to information.
Sec. 2124. Prohibited personnel practices.
Sec. 2125. Discipline of supervisors based on retaliation against 
                            whistleblowers.
Sec. 2126. Suicide by employees.
Sec. 2127. Training for supervisors.
Sec. 2128. Information on whistleblower protections.
           PART II--Department of Veterans Affairs Employees

Sec. 2141. Prevention of unauthorized access to medical records of 
                            employees of the Department of Veterans 
                            Affairs.
Sec. 2142. Outreach on availability of mental health services available 
                            to employees of the Department of Veterans 
                            Affairs.
Sec. 2143. Protocols to address threats against employees of the 
                            Department of Veterans Affairs.
Sec. 2144. Comptroller General of the United States study on 
                            accountability of chiefs of police of 
                            Department of Veterans Affairs medical 
                            centers.
   Subtitle B--Enhanced Whistleblower Protection for Contractor and 
                           Grantee Employees

Sec. 2201. Enhancement of whistleblower protection for contractor and 
                            grantee employees.
         Subtitle C--Office of Special Counsel Reauthorization

Sec. 2301. Short title.
Sec. 2302. Adequate access of Special Counsel to information.
Sec. 2303. Prohibited personnel practices; information on whistleblower 
                            protections.
Sec. 2304. Additional whistleblower provisions.
Sec. 2305. Termination of certain investigations by the Office of 
                            Special Counsel.
Sec. 2306. Allegations of wrongdoing within the Office of Special 
                            Counsel.
Sec. 2307. Reporting requirements.
Sec. 2308. Establishment of survey pilot program.
Sec. 2309. Authorization of appropriations.

          TITLE I--EFFICIENCY, TRANSPARENCY, AND OTHER REFORMS

         Subtitle A--Federal Real Property Sale and Management

SEC. 1101. DEFINITIONS.

    In this subtitle:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of General Services.
            (2) Board.--The term ``Board'' means the Federal Real 
        Property Reform Board established by section 1102.
            (3) Director.--The term ``Director'' means the Director of 
        the Office of Management and Budget.
            (4) Federal agency.--The term ``Federal agency'' means--
                    (A) an executive department or independent 
                establishment in the executive branch of the 
                Government; and
                    (B) a wholly owned Government corporation.
            (5) Federal civilian real property and civilian real 
        property.--
                    (A) In general.--The terms ``Federal civilian real 
                property'' and ``civilian real property'' mean Federal 
                real property assets, including--
                            (i) public buildings (as defined in section 
                        3301 of title 40, United States Code);
                            (ii) occupied and improved grounds;
                            (iii) leased space; and
                            (iv) other physical structures under the 
                        custody and control of any Federal agency.
                    (B) Exclusions.--The terms ``Federal civilian real 
                property'' and ``civilian real property'' do not 
                include--
                            (i) any military installation (as defined 
                        in section 2910 of the Defense Base Closure and 
                        Realignment Act of 1990 (10 U.S.C. 2687 note; 
                        Public Law 101-510));
                            (ii) any property that is excepted from the 
                        definition of the term ``property'' under 
                        section 102 of title 40, United States Code;
                            (iii) Indian and native Eskimo property 
                        held in trust by the Federal Government as 
                        described in section 3301(a)(5)(C)(iii) of 
                        title 40, United States Code;
                            (iv) real property operated and maintained 
                        by the Tennessee Valley Authority pursuant to 
                        the Tennessee Valley Authority Act of 1933 (16 
                        U.S.C. 831 et seq.);
                            (v) any real property the Director excludes 
                        for reasons of national security;
                            (vi) any public lands (as defined in 
                        section 203 of the Public Lands Corps Act of 
                        1993 (16 U.S.C. 1722)) administered by--
                                    (I) the Secretary of the Interior, 
                                acting through--
                                            (aa) the Director of the 
                                        Bureau of Land Management;
                                            (bb) the Director of the 
                                        National Park Service;
                                            (cc) the Commissioner of 
                                        Reclamation; or
                                            (dd) the Director of the 
                                        United States Fish and Wildlife 
                                        Service; or
                                    (II) the Secretary of Agriculture, 
                                acting through the Chief of the Forest 
                                Service; or
                            (vii) any postal property.
            (6) Field office.--The term ``field office'' means any 
        office of a Federal agency that is not the headquarters office 
        location for the Federal agency.
            (7) Postal property.--The term ``postal property'' means 
        any property owned or leased by the United States Postal 
        Service.

SEC. 1102. FEDERAL REAL PROPERTY REFORM BOARD.

    (a) Establishment.--
            (1) In general.--There is established an independent board 
        to be known as the Federal Real Property Reform Board.
            (2) Duties.--The Board shall carry out the duties described 
        in subsection (c).
            (3) Membership.--
                    (A) In general.--The Board shall be composed of--
                            (i) a Chairperson appointed by the 
                        President, by and with the advice and consent 
                        of the Senate; and
                            (ii) 6 members appointed by the President.
                    (B) Appointments.--In making appointments to the 
                Board under subparagraph (A)(ii), the President shall 
                consult with--
                            (i) the Speaker of the House of 
                        Representatives concerning the appointment of 2 
                        members;
                            (ii) the majority leader of the Senate 
                        concerning the appointment of 2 members;
                            (iii) the minority leader of the House of 
                        Representatives concerning the appointment of 1 
                        member; and
                            (iv) the minority leader of the Senate 
                        concerning the appointment of 1 member.
                    (C) Terms.--The term for each member of the Board 
                shall be 6 years.
                    (D) Vacancies.--A vacancy on the Board shall be 
                filled in the same manner in which the original 
                appointment was made.
                    (E) Qualifications.--In making appointments to the 
                Board, the President shall ensure that the Board 
                contains individuals with expertise representative of--
                            (i) commercial real estate and 
                        redevelopment;
                            (ii) space optimization and utilization; 
                        and
                            (iii) community development, including 
                        transportation and planning.
            (4) Board meetings.--
                    (A) Open meetings.--
                            (i) In general.--Each meeting of the Board, 
                        other than meetings in which classified 
                        information is to be discussed, shall--
                                    (I) be open to the public; and
                                    (II) be announced in the Federal 
                                Register and the Federal website 
                                established by the Board at least 14 
                                calendar days in advance of a meeting.
                            (ii) Agenda; materials.--For each meeting, 
                        the Board shall release an agenda and a listing 
                        of materials relevant to the topics to be 
                        discussed.
                    (B) Quorum and meetings.--Of the members of the 
                Board--
                            (i) 5 shall constitute a quorum for the 
                        purposes of conducting business; and
                            (ii) 3 or more shall constitute a meeting 
                        of the Board.
                    (C) Transparency of information.--
                            (i) Congress.--All the proceedings, 
                        information, and deliberations of the Board 
                        shall be open, on request, to the Chairperson 
                        and the ranking minority party member, and the 
                        respective subcommittee Chairperson and ranking 
                        minority party member, of--
                                    (I) the Committee on Homeland 
                                Security and Governmental Affairs of 
                                the Senate;
                                    (II) the Committee on Oversight and 
                                Government Reform of the House of 
                                Representatives;
                                    (III) the Committee on Environment 
                                and Public Works of the Senate;
                                    (IV) the Committee on 
                                Transportation and Infrastructure of 
                                the House of Representatives;
                                    (V) the Committee on Appropriations 
                                of the Senate; and
                                    (VI) the Committee on 
                                Appropriations of the House of 
                                Representatives.
                            (ii) Government accountability office.--All 
                        proceedings, information, and deliberations of 
                        the Board shall be open, on request, to the 
                        Comptroller General of the United States.
            (5) Compensation and travel expenses.--
                    (A) Compensation.--
                            (i) Rate of pay for members.--Each member 
                        of the Board, other than the Chairperson, shall 
                        be paid at a rate equal to the daily equivalent 
                        of the minimum annual rate of basic pay payable 
                        for level IV of the Executive Schedule under 
                        section 5315 of title 5, United States Code, 
                        for each day (including travel time) during 
                        which the member is engaged in the actual 
                        performance of duties vested in the Board.
                            (ii) Rate of pay for chairperson.--The 
                        Chairperson of the Board shall be paid for each 
                        day referred to in clause (i) at a rate equal 
                        to the daily equivalent of the minimum annual 
                        rate of basic pay payable for level III of the 
                        Executive Schedule under section 5314, of title 
                        5, United States Code.
                    (B) Travel.--A member of the Board shall receive 
                travel expenses, including per diem in lieu of 
                subsistence, in accordance with sections 5702 and 5703 
                of title 5, United States Code.
            (6) Executive director.--
                    (A) Appointment.--The Board--
                            (i) shall appoint an Executive Director; 
                        and
                            (ii) shall not be required to comply with 
                        the provisions of title 5, United States Code, 
                        governing appointments in the competitive 
                        service.
                    (B) Rate of pay for director.--The Executive 
                Director shall be paid at the rate of basic pay payable 
                for level IV of the Executive Schedule under section 
                5315 of title 5, United States Code.
            (7) Staff.--
                    (A) Additional personnel.--Subject to subparagraph 
                (B), the Executive Director may request additional 
                personnel detailed from Federal agencies.
                    (B) Detail employees from other agencies.--On 
                request of the Chairperson and after approval of the 
                Director, the head of any Federal agency shall detail 
                the requested personnel of that agency to the Board to 
                assist the Board in carrying out the duties of the 
                Board.
                    (C) Qualifications.--Appointments shall be made 
                with consideration of a balance of expertise consistent 
                with the qualifications of representatives described in 
                paragraph (3)(E).
            (8) Contracting authority.--
                    (A) Experts and consultants.--The Board, to the 
                maximum extent practicable and subject to the 
                availability of appropriations, shall use existing 
                contracts, including nonappropriated contracts, entered 
                into by the Administrator for services necessary to 
                carry out the duties of the Board.
                    (B) Office space.--The Administrator, in 
                consultation with the Board, shall identify and 
                provide, without charge, suitable office space within 
                the Federal property inventory to house the operations 
                of the Board.
                    (C) Personal property.--The Administrator shall 
                provide to the Board any personal property already in 
                the custody and control of the Administrator that is 
                needed to carry out the duties of the Board.
            (9) Termination of board.--The Board and the authority of 
        the Board shall terminate on the date that is 6 years after the 
        date of enactment of this Act.
    (b) Development of Recommendations to the Board.--
            (1) Submissions of agency information and 
        recommendations.--Not later than 120 days after the date of 
        enactment of this Act and not later than 120 days after the 
        beginning of each fiscal year thereafter, the head of each 
        Federal agency shall submit to the Administrator and the 
        Director a report that includes--
                    (A) current data of all Federal civilian real 
                properties owned, leased, or controlled by the 
                respective agency (including all relevant information 
                prescribed by the Administrator and the Director), 
                including data relating to--
                            (i) the age and condition of the property;
                            (ii) operating costs;
                            (iii) the history of capital expenditures;
                            (iv) sustainability metrics;
                            (v) the number of Federal employees and 
                        functions housed in the respective property; 
                        and
                            (vi) the square footage (including gross, 
                        rentable, and usable) of each property; and
                    (B) recommendations as to--
                            (i) any Federal civilian properties that 
                        can be sold for proceeds and otherwise disposed 
                        of, reported as excess, declared surplus, or 
                        outleased or are otherwise no longer meeting 
                        the needs of the agency, excluding leasebacks 
                        or other exchange agreements where the property 
                        continues to be used by the agency;
                            (ii) any Federal civilian properties that 
                        can be transferred, exchanged, consolidated, 
                        colocated, reconfigured, or redeveloped--
                                    (I) to reduce the civilian real 
                                property inventory;
                                    (II) to reduce the operating costs 
                                of the Federal Government; and
                                    (III) to create the highest value 
                                and return for the taxpayer; and
                            (iii) operational efficiencies that may be 
                        realized by the Federal Government in the 
                        operation and maintenance of Federal civilian 
                        real properties.
            (2) Standards and criteria.--Not later than 60 days after 
        each date specified in paragraph (1), the Director, in 
        consultation with the Administrator, shall--
                    (A) review agency recommendations submitted 
                pursuant to paragraph (1);
                    (B) develop consistent standards and criteria 
                against which agency recommendations will be reviewed, 
                which shall be developed taking into consideration--
                            (i) the extent to which a Federal building 
                        or facility could be sold (including property 
                        that is no longer meeting the needs of the 
                        Federal Government), redeveloped, outleased, or 
                        otherwise used to produce the highest and best 
                        value and return for the taxpayer;
                            (ii) the extent to which the operating and 
                        maintenance costs are reduced through 
                        consolidating, co-locating, and reconfiguring 
                        space, and through realizing other operational 
                        efficiencies;
                            (iii) the extent to which the utilization 
                        rate is being maximized and is consistent with 
                        nongovernmental industry standards for the 
                        given function or operation;
                            (iv) the extent and timing of potential 
                        costs and savings, including the number of 
                        years, beginning with the date of completion of 
                        the proposed recommendation;
                            (v) the extent to which reliance on leasing 
                        for long-term space needs is reduced;
                            (vi) the extent to which a Federal building 
                        or facility aligns with the current mission of 
                        the applicable Federal agency;
                            (vii) the extent to which there are 
                        opportunities to consolidate similar operations 
                        across multiple agencies or within agencies;
                            (viii) the economic impact on communities 
                        in the vicinity of the Federal building or 
                        facility; and
                            (ix) the extent to which energy consumption 
                        is reduced; and
                    (C) develop recommendations for the Board based on 
                the standards and criteria developed under subparagraph 
                (B).
            (3) Special rule for utilization rates.--
                    (A) In general.--Standards developed by the 
                Director under paragraph (2)(B) shall incorporate and 
                apply clear standard utilization rates consistent 
                throughout each category of space and with 
                nongovernment space utilization rates.
                    (B) Utilization rate.--To the extent the space 
                utilization rate of a given agency exceeds the 
                utilization rates to be applied under this subsection, 
                the Director may recommend realignment, colocation, 
                consolidation, or other type of action to improve space 
                utilization.
            (4) Submission to the board.--
                    (A) In general.--The standards, criteria, and 
                recommendations developed pursuant to paragraph (2)(B) 
                shall be submitted to the Board with all supporting 
                information, data, analyses, and documentation.
                    (B) Publication.--The standards, criteria, and 
                recommendations developed pursuant to paragraph (2)(B) 
                shall be--
                            (i) published in the Federal Register; and
                            (ii) submitted to--
                                    (I) the committees described in 
                                subsection (a)(4)(C)(i); and
                                    (II) the Comptroller General of the 
                                United States.
                    (C) Access to information.--
                            (i) In general.--The Board shall have 
                        access to all information pertaining to the 
                        recommendations, including supporting 
                        information, data, analyses, and documentation 
                        submitted pursuant to paragraph (1).
                            (ii) Information from federal agencies.--On 
                        request, a Federal agency shall provide to the 
                        Board any additional information pertaining to 
                        the civilian real property of the agency.
    (c) Duties of Board.--
            (1) Identification of property reduction opportunities.--
        The Board shall identify opportunities for the Federal 
        Government--
                    (A) to significantly reduce the inventory of 
                civilian real property held by the Federal Government; 
                and
                    (B) to reduce costs to the Federal Government.
            (2) Identification of high value assets.--
                    (A) Identification of certain properties.--Not 
                later than 180 days after the date on which the last 
                Board member has been appointed pursuant to subsection 
                (a)(3), the Board shall--
                            (i) identify not less than 5 Federal 
                        properties that are not on the list of surplus 
                        or excess as of that date with a total fair 
                        market value of not less than $500,000,000; and
                            (ii) submit to the Director and to Congress 
                        a list of the properties identified pursuant to 
                        clause (i), which shall be--
                                    (I) treated as a recommendation 
                                under subsection (b); and
                                    (II) subject to the approval 
                                process described in subsection (d).
                    (B) Information and data.--
                            (i) In general.--To assist the Board in 
                        carrying out subparagraph (A), a Federal agency 
                        shall provide to the Board, on request, any 
                        information and data regarding the properties 
                        of the Federal agency.
                            (ii) Failure to comply.--The Board shall 
                        notify the committees described in subsection 
                        (a)(4)(C)(i) of any failure by any agency to 
                        comply with a request of the Board.
                    (C) Leaseback restrictions.--The Federal Government 
                may not lease back any of the existing improvements on 
                properties sold under this paragraph.
                    (D) Report of excess.--Not later than 60 days after 
                the date on which the recommendations of the Board 
                pursuant to subparagraph (A) have been approved, each 
                Federal agency with custody, control, or administrative 
                jurisdiction over the identified properties shall 
                submit to the Administrator a report of excess.
                    (E) Sale.--Notwithstanding any other provision of 
                law (except as provided in subsection (e)(7)), the 
                Administrator shall--
                            (i) not later than 120 days after the date 
                        on which the Administrator receives the report 
                        of excess under subparagraph (D), initiate the 
                        sale of the properties identified pursuant to 
                        subparagraph (A)(i); and
                            (ii) not later than 1 year after the date 
                        on which the Administrator receives the report 
                        of excess under subparagraph (D), sell the 
                        properties referred to in clause (i) at fair 
                        market value at highest and best use.
            (3) Analysis of inventory.--The Board--
                    (A) shall perform an independent analysis of the 
                inventory of Federal civilian real property and the 
                recommendations submitted pursuant to subsection (b);
                    (B) shall not be bound or limited by the 
                recommendations submitted pursuant to subsection (b); 
                and
                    (C) in any case in which the Board determines that 
                a Federal agency has failed to provide necessary 
                information, data, or adequate recommendations that 
                meet the standards and criteria developed under 
                subsection (b)(2), shall develop such recommendations 
                as the Board considers to be appropriate based on 
                existing data contained in the Federal Real Property 
                Profile or other relevant information.
            (4) Receipt of information and proposals.--Notwithstanding 
        any other provision of law, the Board--
                    (A) may receive and consider proposals, 
                information, and other data submitted by State and 
                local officials and the private sector; and
                    (B) shall make any information received under 
                subparagraph (A) publicly available.
            (5) Accounting system.--The Board shall--
                    (A) not later than 120 days after the date of 
                enactment of this Act, identify or develop and 
                implement a system of accounting to be used to 
                independently evaluate the costs of and returns on the 
                recommendations provided to the Board under this 
                subtitle;
                    (B) use the accounting system referred to in 
                subparagraph (A) to assist in--
                            (i) developing the recommendations of the 
                        Board; and
                            (ii) determining the highest return to the 
                        taxpayer; and
                    (C) establish a standard performance period for use 
                in carrying out subparagraphs (A) and (B).
            (6) Public hearings.--
                    (A) In general.--The Board shall conduct public 
                hearings.
                    (B) Testimony.--All testimony before the Board at a 
                public hearing under this paragraph shall be presented 
                under oath.
            (7) Reporting of information and recommendations.--
                    (A) In general.--Not later than 120 days after the 
                date of receipt of recommendations pursuant to 
                subsection (b), and annually thereafter, the Board 
                shall submit to the Director, and publicly post on a 
                Federal website maintained by the Board, a report that 
                includes the findings, conclusions, and recommendations 
                of the Board for the consolidation, exchange, 
                colocation, reconfiguration, lease reduction, sale, 
                outlease, or redevelopment of Federal civilian real 
                properties, and for other operational efficiencies that 
                can be realized in the operation and maintenance of 
                those properties.
                    (B) Consensus in majority.--The Board--
                            (i) shall seek to develop consensus 
                        recommendations; but
                            (ii) if a consensus cannot be obtained, may 
                        include in the report under subparagraph (A) 
                        recommendations that are supported by a 
                        majority of the Board.
            (8) Federal website.--The Board shall establish and 
        maintain a Federal website for the purposes of making relevant 
        information publicly available.
            (9) Review by gao.--The Comptroller General of the United 
        States shall submit to Congress and to the Board a report that 
        includes--
                    (A) a detailed analysis of the recommendations 
                provided by the Board under paragraph (7); and
                    (B) a description of the selection process used to 
                develop the recommendations.
    (d) Review by the Office of Management and Budget.--
            (1) Review of recommendations.--On receipt of the 
        recommendations of the Board under subsection (c)(7), the 
        Director shall conduct a review of the recommendations.
            (2) Report to board and congress.--
                    (A) In general.--Not later than 30 days after the 
                date of receipt of the recommendations of the Board 
                under subsection (c)(7), the Director shall submit to 
                the Board and to Congress a report that describes the 
                approval or disapproval of the recommendations.
                    (B) Testimony by board.--On request of any of the 
                Committee on Environment and Public Works of the 
                Senate, the Committee on Transportation and 
                Infrastructure of the House of Representatives, the 
                Committee on Homeland Security and Governmental Affairs 
                of the Senate, or the Committee on Oversight and 
                Government Reform of the House of Representatives and 
                before the Director submits the report under 
                subparagraph (A), the Board shall appear and testify 
                before the requesting committee.
            (3) Approval or disapproval.--If the Director--
                    (A) approves the recommendations of the Board, the 
                Director shall submit to Congress a copy of the 
                recommendations and a certification of the approval;
                    (B) disapproves of the recommendations of the 
                Board, in whole or in part--
                            (i) the Director shall submit to the Board 
                        and to Congress the reasons for the 
                        disapproval; and
                            (ii) not later than 30 days after the date 
                        of disapproval, the Board shall submit to the 
                        Director a revised list of recommendations;
                    (C) approves the revised recommendations of the 
                Board submitted under subparagraph (B)(ii), the 
                Director shall submit to Congress a copy of the revised 
                recommendations and a certification of the approval; 
                and
                    (D) does not submit to Congress an approval and 
                certification in accordance with subparagraph (A) or 
                (C) by the date that is 30 days after the date of 
                receipt of the recommendations or revised 
                recommendations of the Board, the review process under 
                this subsection shall terminate until the following 
                year.
    (e) Implementation of Board Recommendations.--
            (1) Carrying out recommendations.--
                    (A) In general.--A Federal agency shall--
                            (i) not later than 60 days after the date 
                        on which the Board submits recommendations to 
                        the Director and to Congress under subparagraph 
                        (A) or (C) of subsection (d)(3), begin 
                        preparation to carry out the recommendations of 
                        the Board;
                            (ii) initiate all activities not later than 
                        2 years after the date on which the Director 
                        submits the recommendations of the Board to 
                        Congress; and
                            (iii) not later than the end of the 6-year 
                        period beginning on the date on which the 
                        Director submits to Congress the 
                        recommendations of the Board, complete the 
                        implementation of all recommended actions.
                    (B) Actions.--Each recommended action taken by a 
                Federal agency under subparagraph (A) shall be 
                economically beneficial and cost-neutral or otherwise 
                favorable to the Federal Government.
                    (C) Extenuating circumstances.--In the case of a 
                recommended action that will take longer than the 6-
                year period described in subparagraph (A)(iii) due to 
                extenuating circumstances, a Federal agency shall 
                notify the Director and Congress as soon as the 
                extenuating circumstance becomes apparent with an 
                estimated time to complete the relevant action.
            (2) Actions of federal agencies.--Pursuant to paragraph 
        (3), in taking an action related to any Federal building or 
        facility under this subtitle, a Federal agency may take all 
        such necessary and proper actions, including--
                    (A) acquiring land, constructing replacement 
                facilities, performing such other activities, and 
                conducting such advance planning and design as may be 
                required to transfer functions from a Federal asset or 
                property to another Federal civilian property;
                    (B) reimbursing other Federal agencies for actions 
                performed at the request of the Board; and
                    (C) taking such actions as are practicable to 
                maximize the value of property to be sold by clarifying 
                zoning and other limitations on use of the property.
            (3) Necessary and proper actions.--
                    (A) In general.--Except as provided in subparagraph 
                (B), in acting on a recommendation of the Board, a 
                Federal agency shall--
                            (i) act within any authority delegated to 
                        the agency; and
                            (ii) if the agency has not been delegated 
                        the authority to act on the recommendation, 
                        work in partnership with the Administrator to 
                        carry out the recommendation.
                    (B) Actions of administrator.--The Administrator 
                may take such necessary and proper actions, including 
                the sale, conveyance, or exchange of civilian real 
                property, as are required to implement the 
                recommendations of the Board in the time period 
                described in paragraph (1)(A)(iii).
                    (C) Expert commercial real estate services.--A 
                Federal agency may enter into no-cost nonappropriated 
                contracts for expert commercial real estate services to 
                carry out the responsibilities of the agency pursuant 
                to the recommendations.
            (4) Discretion of administrator regarding transactions.--
        For any transaction identified, recommended, or commenced as a 
        result of this subtitle, any otherwise required legal priority 
        given to, or requirement to enter into, a transaction to convey 
        a Federal civilian real property for less than fair market 
        value, for no consideration at all, or in a transaction that 
        mandates the exclusion of other market participants, shall be 
        at the discretion of the Administrator.
            (5) Disposal of real properties.--Any recommendation or 
        commencement of a sale, disposal, consolidation, 
        reconfiguration, colocation, or realignment of civilian real 
        property shall not be subject to--
                    (A) the first section through section 3 of the Act 
                of May 19, 1948 (16 U.S.C. 667b et seq.);
                    (B) sections 107 and 317 of title 23, United States 
                Code;
                    (C) section 545(b)(8) of title 40, United States 
                Code;
                    (D) sections 550, 553, and 554 of title 40, United 
                States Code;
                    (E) section 1304(b) of title 40, United States 
                Code;
                    (F) section 47151 of title 49, United States Code;
                    (G) section 13(d) of the Surplus Property Act of 
                1944 (50 U.S.C. App. 1622(d));
                    (H) any other provision of law authorizing the 
                conveyance of real property owned by the Federal 
                Government for no consideration; and
                    (I) any congressional notification requirement 
                (other than that under section 545 of title 40, United 
                States Code).
            (6) Public benefit.--
                    (A) In general.--On the date on which the Director 
                submits to Congress the recommendations of the Board 
                under subparagraph (A) or (C) of subsection (d)(3) 
                (except those buildings recommended under subsection 
                (c)(2)), the Director shall submit to the Secretary of 
                Housing and Urban Development all known information on 
                the buildings or properties included in the 
                recommendations.
                    (B) Action by secretary.--Not later than 30 days 
                after the Secretary of Housing and Urban Development 
                receives the information described in subparagraph (A), 
                the Secretary shall identify any suitable properties 
                for use as a property benefitting the mission of 
                assistance to the homeless for the purposes of further 
                screening pursuant to section 501 of the McKinney-Vento 
                Homeless Assistance Act (42 U.S.C. 11411).
            (7) Environmental considerations.--
                    (A) Transfer of real property.--
                            (i) In general.--In implementing the 
                        recommendations of the Board under subsection 
                        (c)(7), and subject to subparagraph (B) a 
                        Federal agency may enter into an agreement with 
                        any person to transfer real property by deed 
                        pursuant to section 120(h)(3) of the 
                        Comprehensive Environmental Response, 
                        Compensation, and Liability Act of 1980 (42 
                        U.S.C. 9620(h)(3)).
                            (ii) Additional terms.--
                                    (I) In general.--The head of the 
                                Federal agency disposing of property 
                                under this subparagraph may require any 
                                additional terms and conditions in 
                                connection with an agreement authorized 
                                by clause (i) as the head of the agency 
                                considers appropriate to protect the 
                                interests of the United States.
                                    (II) No effect on rights or 
                                obligations.--Additional terms and 
                                conditions described in subclause (I) 
                                shall not affect or diminish any rights 
                                or obligations of a Federal agency 
                                under section 120 of the Comprehensive 
                                Environmental Response, Compensation, 
                                and Liability Act of 1980 (42 U.S.C. 
                                9620).
                    (B) Cost certification.--The head of a Federal 
                agency shall not transfer real property or facilities 
                under subparagraph (A) unless the head of the agency 
                certifies to the Board and Congress that--
                            (i) the costs of all environmental 
                        restoration, waste management, and 
                        environmental compliance activities otherwise 
                        to be paid by the Federal agency disposing of 
                        the property with respect to the property or 
                        facilities are equal to or greater than the 
                        fair market value of the property or facilities 
                        to be transferred, as determined by the head of 
                        the agency; or
                            (ii) if the costs described in clause (i) 
                        are less than the fair market value of the 
                        property or facilities, the recipient of the 
                        property or facilities has agreed to pay the 
                        difference between the fair market value and 
                        those costs.
                    (C) Payment to recipient of real property.--In the 
                case of a property covered by a certification under 
                subparagraph (B)(i), the Federal agency disposing of 
                the property may pay the recipient of the property or 
                facilities an amount equal to the lesser of--
                            (i) the amount by which the costs incurred 
                        by the recipient of the property or facilities 
                        for all environmental restoration, waste 
                        management, and environmental compliance 
                        activities with respect to the property or 
                        facilities exceed the fair market value of the 
                        property or facilities as specified in the 
                        certification; and
                            (ii) the amount by which the costs (as 
                        determined by the head of the Federal agency 
                        disposing of the property) that would otherwise 
                        have been incurred by the Secretary of Housing 
                        and Urban Development for the restoration, 
                        waste management, and environmental compliance 
                        activities with respect to the property or 
                        facilities exceed the fair market value of the 
                        property or facilities as specified in the 
                        certification.
                    (D) Disclosure to recipient.--As part of an 
                agreement under subparagraph (A), the head of the 
                Federal agency disposing of the property shall, in 
                accordance with applicable law and before entering into 
                an agreement, disclose to the person to whom the 
                property or facilities will be transferred information 
                possessed by the agency regarding the environmental 
                restoration, waste management, and environmental 
                compliance activities described in this paragraph that 
                relate to the property or facilities.
                    (E) Time extensions.--For the purposes of granting 
                time extensions under paragraph (1), the Director shall 
                give the need for significant environmental remediation 
                to a piece of property more weight than any other 
                factor in determining whether to grant a 2-year 
                extension to implement a Board recommendation.
                    (F) Savings provision.--Nothing in this subtitle 
                modifies, alters, or amends--
                            (i) the Comprehensive Environmental 
                        Response, Compensation, and Liability Act of 
                        1980 (42 U.S.C. 9601 et seq.);
                            (ii) the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.); or
                            (iii) the Solid Waste Disposal Act (42 
                        U.S.C. 6901 et seq.).
    (f) Funding.--
            (1) Establishment of salaries and expenses account.--
                    (A) Establishment of account.--There is established 
                in the Treasury of the United States an account to be 
                known as the ``Federal Real Property Reform Board --
                Salaries and Expenses'' account.
                    (B) Necessary payments.--There shall be deposited 
                into the account established by subparagraph (B) such 
                amounts as are provided in appropriations Acts for 
                those necessary payments for salaries and expenses to 
                accomplish the administrative needs of the Board.
            (2) Establishment of asset proceeds and space management 
        fund.--
                    (A) In general.--There is established within the 
                Federal Buildings Fund established by section 592 of 
                title 40, United States Code, an account to be known as 
                the ``Federal Real Property Reform Board --Asset 
                Proceeds and Space Management Fund'', which shall be 
                used solely for the purposes of carrying out actions 
                under subsection (e), pursuant to the recommendations 
                of the Board approved under subsection (d).
                    (B) Amounts deposited into fund.--Notwithstanding 
                section 3307 of title 40, United States Code, the fund 
                established by paragraph (1) shall consist of--
                            (i) such amounts as are provided in 
                        appropriations Acts, to remain available until 
                        expended, for the consolidation, colocation, 
                        exchange, redevelopment, reconfiguration of 
                        space, disposal, and other actions recommended 
                        by the Board for Federal agencies; and
                            (ii) amounts received from the sale of any 
                        civilian real property action taken pursuant to 
                        a recommendation of the Board.
                    (C) Use of funds.--
                            (i) In general.--The amounts deposited in 
                        the fund under subparagraph (B) shall be made 
                        available for obligation or expenditure only as 
                        provided in advance in appropriation Acts for 
                        the purposes described in clauses (i) and (ii) 
                        of subparagraph (B).
                            (ii) Use of proceeds.--As provided in 
                        appropriations Acts, proceeds under 
                        subparagraph (B)(ii) may be made available to 
                        cover necessary costs associated with 
                        implementing the recommendations pursuant to 
                        subsection (e), including costs associated 
                        with--
                                    (I) sales transactions;
                                    (II) acquiring land, construction, 
                                constructing replacement facilities, 
                                conducting advance planning and design 
                                as may be required to transfer 
                                functions from a Federal asset or 
                                property to another Federal civilian 
                                property;
                                    (III) colocation, redevelopment, 
                                disposal, and reconfiguration of space; 
                                and
                                    (IV) other actions recommended by 
                                the Board for Federal agencies.
            (3) Additional requirement.--
                    (A) In general.--Not less frequently than annually, 
                the President shall submit to Congress a report that 
                includes--
                            (i) an estimate of proceeds from 
                        implementing the recommendations of the Board; 
                        and
                            (ii) the obligations and expenditures 
                        needed to support those recommendations.
                    (B) Submission.--The report under subparagraph (A) 
                may be submitted along with another annual submission 
                to Congress, including the budget submitted by the 
                President under section 1105 of title 31, United States 
                Code.
    (g) Congressional Approval of Proposed Projects.--Section 3307(b) 
of title 40, United States Code, is amended--
            (1) in paragraph (6), by striking ``and'' at the end;
            (2) in paragraph (7), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(8) a description of how the proposed project is 
        consistent with criteria established in section 1102(b)(2) of 
        the Bolster Accountability to Drive Government Efficiency and 
        Reform Washington Act of 2016.''.
    (h) Preclusion of Judicial Review.--The following actions shall not 
be subject to judicial review:
            (1) An action taken pursuant to subsection (c) or 
        subsection (d).
            (2) An action taken by the Board.
    (i) Implementation Review by GAO.--On transmittal of the 
recommendations of the Board from the Director to Congress under 
subsection (d), and not less frequently than annually thereafter, the 
Comptroller General of the United States shall--
            (1) monitor and review the implementation activities of 
        Federal agencies pursuant to subsection (e); and
            (2) report to Congress any findings and recommendations for 
        improvement of those activities.
    (j) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section--
            (1) $2,000,000 for salaries and expenses of the Board; and
            (2) $40,000,000 to be deposited into the Federal Real 
        Property Reform Board--Asset Proceeds and Space Management Fund 
        established by subsection (f)(2) for activities related to the 
        implementation of recommendations of the Board.

SEC. 1103. PROPERTY MANAGEMENT.

    (a) In General.--Chapter 5 of subtitle I of title 40, United States 
Code, is amended by adding at the end the following:

                 ``Subchapter VII--Property Management

``Sec. 621. Definitions
    ``In this subchapter:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of General Services.
            ``(2) Council.--The term `Council' means the Federal 
        Property Council established by section 622(a).
            ``(3) Director.--The term `Director' means the Director of 
        the Office of Management and Budget.
            ``(4) Federal agency.--The term `Federal agency' means--
                    ``(A) an executive department or independent 
                establishment in the executive branch of the 
                Government; or
                    ``(B) a wholly owned Government corporation (other 
                than the United States Postal Service).
            ``(5) Field office.--The term `field office' means any 
        office of a Federal agency that is not the headquarters office 
        location for the Federal agency.
            ``(6) Postal property.--The term `postal property' means 
        any property owned or leased by the United States Postal 
        Service.
            ``(7) Public-private partnership.--The term `public-private 
        partnership' means any partnership or working relationship 
        between a Federal agency and a corporation, individual, or 
        nonprofit organization for the purpose of financing, 
        constructing, operating, managing, or maintaining 1 or more 
        Federal real property assets.
            ``(8) Underutilized property.--The term `underutilized 
        property' means a portion or the entirety of any real property, 
        including any improvements, that is used--
                    ``(A) irregularly or intermittently by the 
                accountable Federal agency for program purposes of the 
                Federal agency; or
                    ``(B) for program purposes that can be satisfied 
                only with a portion of the property.
``Sec. 622. Establishment of Federal Property Council
    ``(a) Establishment.--There is established a Federal Property 
Council.
    ``(b) Purpose.--The purpose of the Council shall be--
            ``(1) to develop guidance and ensure implementation of an 
        efficient and effective property management strategy;
            ``(2) to identify opportunities for the Federal Government 
        to better manage property and assets of the Federal Government; 
        and
            ``(3) to reduce the costs of managing property of the 
        Federal Government, including operations, maintenance, and 
        security associated with Federal property.
    ``(c) Composition.--
            ``(1) In general.--The Council shall be composed 
        exclusively of--
                    ``(A) the senior real property officers of each 
                Federal agency and the Postal Service;
                    ``(B) the Deputy Director for Management of the 
                Office of Management and Budget;
                    ``(C) the Controller of the Office of Management 
                and Budget;
                    ``(D) the Administrator; and
                    ``(E) any other full-time or permanent part-time 
                Federal officials or employees, as the Chairperson 
                determines to be necessary.
            ``(2) Chairperson.--The Deputy Director for Management of 
        the Office of Management and Budget shall serve as Chairperson 
        of the Council.
            ``(3) Executive director.--
                    ``(A) In general.--The Chairperson shall designate 
                an Executive Director to assist in carrying out the 
                duties of the Council.
                    ``(B) Qualifications; full-time.--The Executive 
                Director shall--
                            ``(i) be appointed from among individuals 
                        who have substantial experience in the areas of 
                        commercial real estate and development, real 
                        property management, and Federal operations and 
                        management;
                            ``(ii) serve full time; and
                            ``(iii) hold no outside employment that may 
                        conflict with duties inherent to the position.
    ``(d) Meetings.--
            ``(1) In general.--The Council shall meet subject to the 
        call of the Chairperson.
            ``(2) Minimum.--The Council shall meet not fewer than 4 
        times each year.
    ``(e) Duties.--The Council, in consultation with the Director and 
the Administrator, shall--
            ``(1) not later than 1 year after the date of enactment of 
        this subchapter, establish a property management plan template, 
        to be updated annually, which shall include performance 
        measures, specific milestones, measurable savings, strategies, 
        and Government-wide goals based on the goals established under 
        section 524(a)(7) to reduce surplus property, to achieve better 
        utilization of underutilized property, or to enhance management 
        of high value personal property, and evaluation criteria to 
        determine the effectiveness of property management that are 
        designed--
                    ``(A) to enable Congress and heads of Federal 
                agencies to track progress in the achievement of 
                property management objectives on a Government-wide 
                basis;
                    ``(B) to improve the management of real property; 
                and
                    ``(C) to allow for comparison of the performance of 
                Federal agencies against industry and other public 
                sector agencies in terms of performance;
            ``(2) develop utilization rates consistent throughout each 
        category of space, considering the diverse nature of the 
        Federal portfolio and consistent with nongovernmental space use 
        rates;
            ``(3) develop a strategy to reduce the reliance of Federal 
        agencies on leased space for long-term needs if ownership would 
        be less costly;
            ``(4) provide guidance on eliminating inefficiencies in the 
        Federal leasing process;
            ``(5) compile a list of field offices that are suitable for 
        collocation with other property assets;
            ``(6) research best practices regarding the use of public-
        private partnerships to manage properties and develop 
        guidelines for the use of those partnerships in the management 
        of Federal property;
            ``(7) not later than 1 year after the date of enactment of 
        this subchapter--
                    ``(A) examine the disposal of surplus property 
                through the State Agencies for Surplus Property 
                program; and
                    ``(B) issue a report that includes recommendations 
                on how the program could be improved to ensure 
                accountability and increase efficiencies in the 
                property disposal process; and
            ``(8) not later than 1 year after the date of enactment of 
        this subchapter and annually during the 4-year period beginning 
        on the date that is 1 year after the date of enactment of this 
        subchapter and ending on the date that is 5 years after the 
        date of enactment of this subchapter, the Council shall submit 
        to the Director a report that contains--
                    ``(A) a list of the remaining excess property or 
                surplus property that is real property, and 
                underutilized properties of each Federal agency;
                    ``(B) the progress of the Council toward developing 
                guidance for Federal agencies to ensure that the 
                assessment required under section 524(a)(11)(B) is 
                carried out in a uniform manner;
                    ``(C) the progress of Federal agencies toward 
                achieving the goals established under section 
                524(a)(7); and
                    ``(D) if necessary, recommendations for legislation 
                or statutory reforms that would further the goals of 
                the Council, including streamlining the disposal of 
                excess real or personal property or underutilized 
                property.
    ``(f) Consultation.--In carrying out the duties described in 
subsection (e), the Council shall also consult with representatives 
of--
            ``(1) State, local, tribal authorities, and affected 
        communities; and
            ``(2) appropriate private sector entities and 
        nongovernmental organizations that have expertise in areas of--
                    ``(A) commercial real estate and development;
                    ``(B) government management and operations;
                    ``(C) space planning;
                    ``(D) community development, including 
                transportation and planning;
                    ``(E) historic preservation;
                    ``(F) providing housing to the homeless population; 
                and
                    ``(G) personal property management.
    ``(g) Council Resources.--The Director and the Administrator shall 
provide staffing, and administrative support for the Council, as 
appropriate.
    ``(h) Access to Information.--The Council shall make available, on 
request, all information generated by the Council in performing the 
duties of the Council to--
            ``(1) the Committee on Homeland Security and Governmental 
        Affairs of the Senate;
            ``(2) the Committee on Environment and Public Works of the 
        Senate;
            ``(3) the Committee on Oversight and Government Reform of 
        the House of Representatives;
            ``(4) the Committee on Transportation and Infrastructure of 
        the House of Representatives; and
            ``(5) the Comptroller General of the United States.
    ``(i) Exclusions.--In this section, surplus property shall not 
include--
            ``(1) any military installation (as defined in section 2910 
        of the Defense Base Closure and Realignment Act of 1990 (10 
        U.S.C. 2687 note; Public Law 101-510));
            ``(2) any property that is excepted from the definition of 
        the term `property' under section 102;
            ``(3) Indian and native Eskimo property held in trust by 
        the Federal Government as described in section 
        3301(a)(5)(C)(iii);
            ``(4) real property operated and maintained by the 
        Tennessee Valley Authority pursuant to the Tennessee Valley 
        Authority Act of 1933 (16 U.S.C. 831 et seq.);
            ``(5) any real property the Director excludes for reasons 
        of national security;
            ``(6) any public lands (as defined in section 203 of the 
        Public Lands Corps Act of 1993 (16 U.S.C. 1722)) administered 
        by--
                    ``(A) the Secretary of the Interior, acting 
                through--
                            ``(i) the Director of the Bureau of Land 
                        Management;
                            ``(ii) the Director of the National Park 
                        Service;
                            ``(iii) the Commissioner of Reclamation; or
                            ``(iv) the Director of the United States 
                        Fish and Wildlife Service; or
                    ``(B) the Secretary of Agriculture, acting through 
                the Chief of the Forest Service; or
            ``(7) any property operated and maintained by the United 
        States Postal Service.
``Sec. 623. Inventory and database
    ``(a) In General.--Not later than 1 year after the date of 
enactment of this subchapter, the Administrator shall establish and 
maintain a single, comprehensive, and descriptive database of all real 
property under the custody and control of all Federal agencies.
    ``(b) Contents.--The database shall include--
            ``(1) information provided to the Administrator under 
        section 524(a)(11)(B); and
            ``(2) a list of property disposals completed, including--
                    ``(A) the date and disposal method used for each 
                property;
                    ``(B) the proceeds obtained from the disposal of 
                each property;
                    ``(C) the amount of time required to dispose of the 
                property, including the date on which the property is 
                designated as excess property;
                    ``(D) the date on which the property is designated 
                as surplus property and the date on which the property 
                is disposed; and
                    ``(E) all costs associated with the disposal.
    ``(c) Accessibility.--
            ``(1) Committees.--The database established under 
        subsection (a) shall be made available on request to the 
        Committee on Homeland Security and Governmental Affairs and the 
        Committee on Environment and Public Works of the Senate and the 
        Committee on Oversight and Government Reform and the Committee 
        on Transportation and Infrastructure of the House of 
        Representatives.
            ``(2) General public.--Not later than 3 years after the 
        date of enactment of this subchapter and to the extent 
        consistent with national security, the Administrator shall make 
        the database established under subsection (a) accessible to the 
        public at no cost through the website of the General Services 
        Administration.
    ``(d) Exclusions.--In this section, surplus property shall not 
include--
            ``(1) any military installation (as defined in section 2910 
        of the Defense Base Closure and Realignment Act of 1990 (10 
        U.S.C. 2687 note; Public Law 101-510));
            ``(2) any property that is excepted from the definition of 
        the term `property' under section 102;
            ``(3) Indian and native Eskimo property held in trust by 
        the Federal Government as described in section 
        3301(a)(5)(C)(iii);
            ``(4) real property operated and maintained by the 
        Tennessee Valley Authority pursuant to the Tennessee Valley 
        Authority Act of 1933 (16 U.S.C. 831 et seq.);
            ``(5) any real property the Director excludes for reasons 
        of national security;
            ``(6) any public lands (as defined in section 203 of the 
        Public Lands Corps Act of 1993 (16 U.S.C. 1722)) administered 
        by--
                    ``(A) the Secretary of the Interior, acting 
                through--
                            ``(i) the Director of the Bureau of Land 
                        Management;
                            ``(ii) the Director of the National Park 
                        Service;
                            ``(iii) the Commissioner of Reclamation; or
                            ``(iv) the Director of the United States 
                        Fish and Wildlife Service; or
                    ``(B) the Secretary of Agriculture, acting through 
                the Chief of the Forest Service; or
            ``(7) any property operated and maintained by the United 
        States Postal Service.''.
    (b) Technical and Conforming Amendments.--
            (1) Table of sections.--The table of sections for chapter 5 
        of subtitle I of title 40, United States Code, is amended by 
        inserting after the item relating to section 611 the following:

                  ``subchapter vii--property management

``Sec. 621. Definitions.
``Sec. 622. Establishment of a Federal Property Council.
``Sec. 623. Inventory and database.''.
            (2) Technical amendment.--Section 102 of title 40, United 
        States Code, is amended in the matter preceding paragraph (1) 
        by striking ``The'' and inserting ``Except as provided in 
        subchapter VII of chapter 5 of this title, the''.

SEC. 1104. AGENCY RETENTION OF PROCEEDS.

    Section 571 of title 40, United States Code, is amended to read as 
follows:
``Sec. 571. General rules for deposit and use of proceeds
    ``(a) Proceeds From Transfer or Sale of Real Property.--
            ``(1) Deposit of net proceeds.--Net proceeds described in 
        subsection (d) shall be deposited into the appropriate account 
        of the agency that had custody and accountability for the 
        property at the time the property is determined to be excess.
            ``(2) Expenditure of net proceeds.--The net proceeds 
        deposited pursuant to paragraph (1) may only be expended as 
        authorized in annual appropriations Acts, for--
                    ``(A) activities described in sections 543 and 545, 
                including paying costs incurred by the General Services 
                Administration for any disposal-related activity 
                authorized by this title; and
                    ``(B) activities pursuant to implementation of the 
                Federal Buildings Personnel Training Act of 2010 (40 
                U.S.C. 581 note; Public Law 111-308).
            ``(3) Deficit reduction.--Any net proceeds described in 
        subsection (d) from the sale, lease, or other disposition of 
        surplus real property that are not expended under paragraph (2) 
        shall be used for deficit reduction.
    ``(b) Effect on Other Sections.--Nothing in this section is 
intended to affect section 572(b), 573, or 574.
    ``(c) Disposal Agency for Reverted Property.--For the purposes of 
this section, for any property that reverts to the United States under 
sections 550 and 553, the General Services Administration, as the 
disposal agency, shall be treated as the agency with custody and 
accountability for the property at the time the property is determined 
to be excess.
    ``(d) Net Proceeds.--The net proceeds described in this subsection 
are proceeds under this chapter, less expenses of the transfer or 
disposition as provided in section 572(a), from--
            ``(1) a transfer of excess real property to a Federal 
        agency for agency use; or
            ``(2) a sale, lease, or other disposition of surplus real 
        property.
    ``(e) Proceeds From Transfer or Sale of Personal Property.--
            ``(1) In general.--Except as otherwise provided in this 
        subchapter, proceeds described in paragraph (2) shall be 
        deposited in the Treasury as miscellaneous receipts.
            ``(2) Proceeds.--The proceeds described in this paragraph 
        are proceeds under this chapter from--
                    ``(A) a transfer of excess personal property to a 
                Federal agency for agency use; or
                    ``(B) a sale, lease, or other disposition of 
                surplus personal property.
            ``(3) Payment of expenses of sale before deposit.--
                    ``(A) In general.--Subject to regulations under 
                this subtitle, the expenses of the sale of personal 
                property may be paid from the proceeds of the sale so 
                that only the net proceeds are deposited in the 
                Treasury.
                    ``(B) Application.--This paragraph applies whether 
                proceeds are deposited as miscellaneous receipts or to 
                the credit of an appropriation as authorized by law.''.

SEC. 1105. SURPLUS PROPERTY DONATIONS TO MUSEUMS.

    Section 549(c)(3)(B) of title 40, United States Code, is amended by 
striking clause (vii) and inserting the following:
                            ``(vii) a museum open to the public on a 
                        regularly scheduled weekly basis, and the hours 
                        of operation are, at a minimum, during normal 
                        business hours (as determined by the 
                        Administrator);''.

SEC. 1106. DUTIES OF FEDERAL AGENCIES.

    (a) In General.--Section 524(a) of title 40, United States Code, is 
amended--
            (1) in paragraph (4), by striking ``and'' at the end;
            (2) in paragraph (5), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(6) develop current and future workforce projections so 
        as to have the capacity to assess the needs of the Federal 
        workforce regarding the use of real property;
            ``(7) establish goals and policies that will lead the 
        executive agency to reduce excess property and underutilized 
        property in the inventory of the executive agency;
            ``(8) submit to the Federal Property Council an annual 
        report on all excess property that is real property and 
        underutilized property in the inventory of the executive 
        agency, including--
                    ``(A) whether underutilized property can be better 
                utilized, including through collocation with other 
                executive agencies or consolidation with other 
                facilities; and
                    ``(B) the extent to which the executive agency 
                believes that retention of the underutilized property 
                serves the needs of the executive agency;
            ``(9) adopt workplace practices, configurations, and 
        management techniques that can achieve increased levels of 
        productivity and decrease the need for real property assets;
            ``(10) assess leased space to identify space that is not 
        fully used or occupied;
            ``(11) on an annual basis and subject to the guidance of 
        the Federal Property Council--
                    ``(A) conduct an inventory of real property under 
                control of the executive agency; and
                    ``(B) make an assessment of each property, which 
                shall include--
                            ``(i) the age and condition of the 
                        property;
                            ``(ii) the size of the property in square 
                        footage and acreage;
                            ``(iii) the geographical location of the 
                        property, including an address and description;
                            ``(iv) the extent to which the property is 
                        being utilized;
                            ``(v) the actual annual operating costs 
                        associated with the property;
                            ``(vi) the total cost of capital 
                        expenditures incurred by the Federal Government 
                        associated with the property;
                            ``(vii) sustainability metrics associated 
                        with the property;
                            ``(viii) the number of Federal employees 
                        and contractor employees and functions housed 
                        at the property;
                            ``(ix) the extent to which the mission of 
                        the executive agency is dependent on the 
                        property;
                            ``(x) the estimated amount of capital 
                        expenditures projected to maintain and operate 
                        the property during the 5-year period beginning 
                        on the date of enactment of this paragraph; and
                            ``(xi) any additional information required 
                        by the Administrator of General Services to 
                        carry out section 622; and
            ``(12) provide to the Federal Property Council and the 
        Administrator of General Services the information described in 
        paragraph (11)(B) to be used for the establishment and 
        maintenance of the database described in section 623.''.
    (b) Definition of Executive Agency.--Section 524 of title 40, 
United States Code, is amended by adding at the end the following:
    ``(c) Definition of Executive Agency.--For the purpose of 
paragraphs (6) through (12) of subsection (a), the term `executive 
agency' shall have the meaning given the term `Federal agency' in 
section 621.''.

SEC. 1107. STREAMLINING THE MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.

    Section 501 of the McKinney-Vento Homeless Assistance Act (42 
U.S.C. 11411) is amended--
            (1) in subsection (b)(2)(A), by amending clause (ii) to 
        read as follows:
                    ``(ii) in the case of surplus property--
                            ``(I) for use to assist the homeless either 
                        in accordance with this section or as a public 
                        health use in accordance with paragraphs (1) 
                        and (4) of section 203(k) of the Federal 
                        Property and Administrative Services Act of 
                        1949 (40 U.S.C. 484(k) (1) and (4)); and
                            ``(II) to provide permanent housing with or 
                        without supportive services to assist the 
                        homeless in accordance with this section.'';
            (2) in subsection (c)(1)(A), in the matter preceding clause 
        (i), by striking ``in the Federal Register'' and inserting ``on 
        the website of the Department of Housing and Urban Development 
        or the General Services Administration'';
            (3) in subsection (d)--
                    (A) in paragraph (1), by striking ``60 days'' and 
                inserting ``30 days'';
                    (B) by striking ``60-day period'' each place that 
                term appears and inserting ``30-day period''; and
                    (C) in paragraph (3), by adding at the end the 
                following: ``If the representative of the homeless does 
                not request a review of the determination of 
                unsuitability during the 20-day period described in 
                this paragraph, the property shall not be included in 
                any subsequent publication under subsection 
                (c)(1)(A)(ii) unless the landholding agency makes 
                changes to the property, including improvements, that 
                may change the unsuitable determination and the 
                Secretary subsequently determines the property is 
                suitable.'';
            (4) in subsection (e)--
                    (A) in paragraph (2)--
                            (i) by striking ``90 days'' and inserting 
                        ``75 days'';
                            (ii) by striking ``a complete application'' 
                        and inserting ``an initial application''; and
                            (iii) by adding at the end the following: 
                        ``An initial application shall set forth (A) 
                        the services that will be offered, (B) the need 
                        for the services, and (C) the experience that 
                        the applicant has that demonstrates the ability 
                        to provide the services.'';
                    (B) in paragraph (3)--
                            (i) by striking ``25 days after receipt of 
                        a completed application'' and inserting ``10 
                        days after the date on which the Secretary of 
                        Health and Human Services receives an initial 
                        application under paragraph (2)''; and
                            (ii) by striking ``an application'' and 
                        inserting ``an initial application''; and
                    (C) by adding at the end the following:
            ``(4) Not later than 45 days after the date on which the 
        Secretary of Health and Human Services approves an initial 
        application under paragraph (3), the applicant shall submit to 
        the Secretary of Health and Human Services a final application, 
        which shall set forth a reasonable plan to finance the approved 
        program.
            ``(5) Not later than 15 days after the date on which the 
        Secretary of Health and Human Services receives a final 
        application under paragraph (4), the Secretary of Health and 
        Human Services shall review, make a final determination, and 
        complete all actions on the final application. The Secretary of 
        Health and Human Services shall maintain a public record of all 
        actions taken in response to a final application.''; and
            (5) in subsection (f)(1), by striking ``available by'' and 
        inserting ``available, at the discretion of the applicant, 
        by''.

                  Subtitle B--Taxpayers Right to Know

SEC. 1201. SHORT TITLE.

    This subtitle may be cited as the ``Taxpayers Right-To-Know Act''.

SEC. 1202. INVENTORY OF GOVERNMENT PROGRAMS.

    (a) In General.--Section 1122(a) of title 31, United States Code, 
is amended--
            (1) by redesignating paragraphs (1) and (2) as paragraphs 
        (2) and (3), respectively;
            (2) by inserting before paragraph (2), as so redesignated, 
        the following:
            ``(1) Definition of program.--For purposes of this 
        subsection, the term `program' means an organized set of 
        activities by 1 or more agencies directed toward a common 
        purpose or goal.'';
            (3) in paragraph (2), as so redesignated--
                    (A) by striking ``In general.--Not later than 
                October 1, 2012, the Office of Management and Budget 
                shall'' and inserting ``Website and program 
                inventory.--The Director of the Office of Management 
                and Budget shall'';
                    (B) by striking subparagraph (C) and inserting the 
                following:
                    ``(C) include on the website--
                            ``(i) a program inventory that shall 
                        identify each program of the Federal Government 
                        for which there is more than $1,000,000 in 
                        annual budget authority, which shall include--
                                    ``(I) any activity that is commonly 
                                referred to as a program by a Federal 
                                agency in communications with Congress, 
                                including any activity identified as a 
                                program in a budget request;
                                    ``(II) any activity that is 
                                commonly referred to as a program by a 
                                Federal agency in communications with 
                                the public, including each program for 
                                which financial awards are made on a 
                                competitive basis; and
                                    ``(III) any activity referenced in 
                                law as a program after June 30, 2019; 
                                and
                            ``(ii) for each program identified in the 
                        program inventory, the information required 
                        under paragraph (3) or paragraph (4), as 
                        applicable.'';
            (4) in paragraph (3), as so redesignated--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``Information.--Information for each program 
                described under paragraph (1)'' and inserting 
                ``Information for larger programs.--Information for 
                each program identified in the program inventory 
                required under paragraph (2) for which there is more 
                than $10,000,000 in annual budget authority'';
                    (B) by striking subparagraph (C);
                    (C) by redesignating subparagraph (B) as 
                subparagraph (D);
                    (D) by striking subparagraph (A) and inserting the 
                following:
                    ``(A) an identification of the program activities 
                that are aggregated, disaggregated, or consolidated as 
                part of identifying programs;
                    ``(B) for each program activity described in 
                subparagraph (A), the amount of funding for the current 
                fiscal year and previous 2 fiscal years;
                    ``(C) an estimate of the amount of funding for the 
                program;'';
                    (E) in subparagraph (D), as so redesignated, by 
                striking ``and'' at the end; and
                    (F) by adding at the end the following:
                    ``(E) an identification of the statutes that 
                authorize the program and any major regulations 
                specific to the program;
                    ``(F) for any program that provides grants or other 
                financial assistance to individuals or entities, for 
                the most recent fiscal year--
                            ``(i) a description of the individuals 
                        served by the program and beneficiaries who 
                        received financial assistance under the 
                        program, including an estimate of the number of 
                        individuals and beneficiaries, to the extent 
                        practicable;
                            ``(ii) for each program for which the head 
                        of an agency determines it is not practicable 
                        to provide an estimate of the number of 
                        individuals and beneficiaries served by the 
                        program--
                                    ``(I) an explanation of why data 
                                regarding the number of such 
                                individuals and beneficiaries cannot be 
                                provided; and
                                    ``(II) a discussion of the measures 
                                that could be taken to gather the data 
                                required to provide such an estimate; 
                                and
                            ``(iii) a description of--
                                    ``(I) the Federal employees who 
                                administer the program, including the 
                                number of full-time equivalents with a 
                                pro rata estimate for full-time 
                                equivalents associated with multiple 
                                programs; and
                                    ``(II) other individuals whose 
                                salary is paid in part or full by the 
                                Federal Government through a grant, 
                                contract, cooperative agreement, or 
                                another form of financial award or 
                                assistance who administer or assist in 
                                any way in administering the program, 
                                including the number of full-time 
                                equivalents, to the extent practicable;
                    ``(G) links to any evaluation, assessment, or 
                program performance reviews by the agency, an Inspector 
                General, or the Government Accountability Office 
                (including program performance reports required under 
                section 1116) released during the preceding 5 years; 
                and
                    ``(H) to the extent practicable, financial and 
                other information for each program activity required to 
                be reported under the Federal Funding Accountability 
                and Transparency Act of 2006 (31 U.S.C. 6101 note).''; 
                and
            (5) by adding at the end the following:
            ``(4) Information for smaller programs.--Information for 
        each program identified in the program inventory required under 
        paragraph (2) for which there is more than $1,000,000 and not 
        more than $10,000,000 in annual budget authority shall, at a 
        minimum, include--
                    ``(A) an identification of the program activities 
                that are aggregated, disaggregated, or consolidated as 
                part of identifying programs;
                    ``(B) for each program activity described in 
                subparagraph (A), the amount of funding for the current 
                fiscal year and previous 2 fiscal years;
                    ``(C) an identification of the statutes that 
                authorize the program and any major regulations 
                specific to the program;
                    ``(D) for any program that provides grants or other 
                financial assistance to individuals or entities, a 
                description of the individuals served by the program 
                and beneficiaries who received financial assistance 
                under the program for the most recent fiscal year; and
                    ``(E) links to any evaluation, assessment, or 
                program performance reviews by the agency, an Inspector 
                General, or the Government Accountability Office 
                (including program performance reports required under 
                section 1116) released during the preceding 5 years.
            ``(5) Archiving.--After the end of each fiscal year, the 
        Director of the Office of Management and Budget shall archive 
        and preserve the information included in the program inventory 
        required under paragraph (2) relating to that fiscal year.''.
    (b) Expired Grant Funding.--Not later than February 1 of each 
fiscal year, the Director of the Office of Management and Budget shall 
publish on a public website the total amount of undisbursed grant 
funding remaining in grant accounts for which the period of 
availability to the grantee has expired.

SEC. 1203. GUIDANCE AND IMPLEMENTATION.

    (a) Guidance.--Not later than June 30, 2018, the Director of the 
Office of Management and Budget--
            (1) shall prescribe guidance to implement this subtitle, 
        and the amendments made by this subtitle;
            (2) shall issue guidance to agencies to identify how the 
        program activities used for reporting under the Federal Funding 
        Accountability and Transparency Act of 2006 (31 U.S.C. 6101 
        note) are associated with programs identified in the program 
        inventory required under section 1122(a)(2)(C)(i) of title 31, 
        United States Code, as amended by section 1202;
            (3) may issue guidance to agencies to ensure that the 
        programs identified in the program inventory required under 
        section 1122(a)(2)(C)(i) of title 31, United States Code, as 
        amended by section 1202, are presented at a similar level of 
        detail across agencies and are not duplicative or overlapping; 
        and
            (4) may, based on an analysis of the costs of 
        implementation, and after submitting to Congress a notification 
        of the action by the Director--
                    (A) exempt from the requirements under section 
                1122(a) of title 31, United States Code, an agency 
                that--
                            (i) is not listed in section 901(b) of 
                        title 31, United States Code; and
                            (ii) for the fiscal year during which the 
                        exemption is made, has budget authority (as 
                        defined in section 3 of the Congressional 
                        Budget Act of 1974 (2 U.S.C. 622)) of not more 
                        than $10,000,000; and
                    (B) extend the implementation deadline under 
                subsection (b) by not more than 1 year.
    (b) Implementation.--This subtitle, and the amendments made by this 
subtitle, shall be implemented not later than June 30, 2019.

       Subtitle C--Stopping Improper Payments to Deceased People

SEC. 1301. SHORT TITLE.

    This subtitle may be cited as the ``Stopping Improper Payments to 
Deceased People Act''.

SEC. 1302. DISTRIBUTION OF DEATH INFORMATION FURNISHED TO OR MAINTAINED 
              BY THE SOCIAL SECURITY ADMINISTRATION.

    (a) In General.--
            (1) In general.--Section 205(r) of the Social Security Act 
        (42 U.S.C. 405(r)) is amended--
                    (A) in paragraph (2)--
                            (i) by striking ``may'' and inserting 
                        ``shall''; and
                            (ii) by inserting ``, and to ensure the 
                        completeness, timeliness, and accuracy of,'' 
                        after ``transmitting'';
                    (B) by striking paragraphs (3), (4), and (5) and 
                inserting the following:
    ``(3)(A) The Commissioner of Social Security shall, to the extent 
feasible, provide for the use of information regarding all deceased 
individuals furnished to or maintained by the Commissioner under this 
subsection in accordance with subparagraph (B), subject to such 
safeguards as the Commissioner of Social Security determines are 
necessary or appropriate to protect the information from unauthorized 
use or disclosure, by any Federal or State agency providing federally 
funded benefits or administering a Federal program for such benefits, 
including the agency operating the Do Not Pay working system for 
ensuring proper payment of those benefits, through a cooperative 
arrangement with the agency (that includes the agency's Inspector 
General) or with an agency's Inspector General, if--
            ``(i) under such arrangement the agency (including, if 
        applicable, the agency's Inspector General) provides 
        reimbursement to the Commissioner of Social Security for the 
        reasonable cost of carrying out such arrangement, including the 
        reasonable costs associated with the collection and maintenance 
        of information regarding deceased individuals furnished to the 
        Commissioner pursuant to paragraph (1), and
            ``(ii) such arrangement does not conflict with the duties 
        of the Commissioner of Social Security under paragraph (1).
    ``(B) The Commissioner of Social Security shall, to the extent 
feasible, provide for the use of information regarding all deceased 
individuals furnished to or maintained by the Commissioner under this 
subsection, through a cooperative arrangement in order for a Federal 
agency to carry out any of the following purposes, if the requirements 
of clauses (i) and (ii) of subparagraph (A) are met:
            ``(i) Operating the Do Not Pay working system established 
        by section 5 of the Improper Payments Elimination and Recovery 
        Improvement Act of 2012. Under such arrangement, the agency 
        operating the working system may compare death information 
        disclosed by the Commissioner with personally identifiable 
        information reviewed through the working system, and may 
        redisclose such comparison of information, as appropriate, to 
        any Federal or State agency authorized to use the working 
        system.
            ``(ii) To ensure proper payments under a Federal program or 
        the proper payment of federally funded benefits, including for 
        purposes of payment certification, payment disbursement, and 
        the prevention, identification, or recoupment of improper 
        payments.
            ``(iii) To carry out tax administration or debt collection 
        duties of the agency.
            ``(iv) For use by any policing agency of the Federal 
        Government with the principle function of prevention, 
        detection, or investigation of crime or the apprehension of 
        alleged offenders.
    ``(4) The Commissioner of Social Security may enter into similar 
arrangements with States to provide information regarding all deceased 
individuals furnished to or maintained by the Commissioner under this 
subsection, for any of the purposes specified in paragraph (3)(B), for 
use by States in programs wholly funded by the States, or for use in 
the administration of a benefit pension plan or retirement system for 
employees of a State or a political subdivision thereof, if the 
requirements of clauses (i) and (ii) of paragraph (3)(A) are met. For 
purposes of this paragraph, the terms `retirement system' and 
`political subdivision' have the meanings given such terms in section 
218(b).
    ``(5) The Commissioner of Social Security may use or provide for 
the use of information regarding all deceased individuals furnished to 
or maintained by the Commissioner under this subsection, subject to 
such safeguards as the Commissioner of Social Security determines are 
necessary or appropriate to protect the information from unauthorized 
use or disclosure, for statistical purposes and research activities by 
Federal and State agencies if the requirements of clauses (i) and (ii) 
of paragraph (3)(A) are met. For purposes of this paragraph, the term 
`statistical purposes' has the meaning given that term in section 502 
of the Confidential Information Protection and Statistical Efficiency 
Act of 2002.''; and
                    (C) in paragraph (8)(A)(i), by striking 
                ``subparagraphs (A) and (B) of paragraph (3)'' and 
                inserting ``clauses (i) and (ii) of paragraph (3)(A)''.
            (2) Repeal.--Effective on the date that is 5 years after 
        the date of enactment of this Act, the amendments made by this 
        subsection to paragraphs (3), (4), (5), and (8) of section 
        205(r) of the Social Security Act (42 U.S.C. 405(r)) are 
        repealed, and the provisions of section 205(r) of the Social 
        Security Act (42 U.S.C. 605(r)) so amended are restored and 
        revived as if such amendments had not been enacted.
    (b) Amendment to Internal Revenue Code.--Section 6103(d)(4) of the 
Internal Revenue Code of 1986 is amended--
            (1) in subparagraphs (A) and (B), by striking ``Secretary 
        of Health and Human Services'' each place it appears and 
        inserting ``Commissioner of Social Security''; and
            (2) in subparagraph (B)(ii), by striking ``such Secretary'' 
        and all that follows through ``deceased individuals.'' and 
        inserting ``such Commissioner pursuant to such contract, except 
        that such contract may provide that such information is only to 
        be used by the Social Security Administration (or any other 
        Federal agency) for purposes authorized in the Social Security 
        Act or this title.''.
    (c) Report to Congress on Alternative Sources of Death Data.--
            (1) Requirements.--The Director of the Office of Management 
        and Budget shall conduct a review of potential alternative 
        sources of death data maintained by the non-Federal sources, 
        including sources maintained by State agencies or associations 
        of State agencies, for use by Federal agencies and programs. 
        The review shall include analyses of--
                    (A) the accuracy and completeness of such data;
                    (B) interoperability of such data;
                    (C) the extent to which there is efficient 
                accessability of such data by Federal agencies;
                    (D) the cost to Federal agencies of accessing and 
                maintaining such data;
                    (E) the security of such data;
                    (F) the reliability of such data; and
                    (G) a comparison of the potential alternate sources 
                of death data to the death data distributed by the 
                Commissioner of Social Security.
            (2) Report.--Not later than 4 years after the date of 
        enactment of this Act, the Director of the Office of Management 
        and Budget shall submit a report to Congress on the results of 
        the review and analyses required under paragraph (1). The 
        report shall include a recommendation by the Director of the 
        Office of Management and Budget regarding whether to extend the 
        agency access to death data distributed by the Commissioner of 
        Social Security provided under the amendments made by 
        subsection (a)(1) beyond the date on which such amendments are 
        to be repealed under subsection (a)(2).

SEC. 1303. IMPROVING THE USE OF DEATH DATA BY GOVERNMENT AGENCIES TO 
              CURB IMPROPER PAYMENTS.

    Section 7 of the Improper Payments Elimination and Recovery 
Improvement Act of 2012 (31 U.S.C. 3321 note) is amended by adding at 
the end the following:
    ``(c) Guidance to Agencies Regarding Data Matching With Death 
Databases.--
            ``(1) Guidance to agencies.--Not later than 6 months after 
        the date of enactment of this subsection, and in consultation 
        with the Council of Inspectors General on Integrity and 
        Efficiency and the heads of other relevant Federal, State, and 
        local agencies, and Indian tribes and tribal organizations, the 
        Director of the Office of Management and Budget shall issue 
        guidance for each agency or component of an agency that 
        operates or maintains a database of information relating to 
        beneficiaries, annuity recipients, or any purpose described in 
        section 205(r)(3)(B) of the Social Security Act (42 U.S.C. 
        405(r)(3)(B)) for which improved data matching with databases 
        relating to the death of an individual (in this subsection 
        referred to as `death databases') would be relevant and 
        necessary regarding implementation of this subsection to 
        provide such agencies or components access to the death 
        databases no later than 6 months after such date of enactment.
            ``(2) Plan to assist states and local agencies and indian 
        tribes and tribal organizations.--Not later than 1 year after 
        the date of enactment of this subsection, the Director of the 
        Office of Management and Budget shall develop a plan to assist 
        States and local agencies, and Indian tribes and tribal 
        organizations, in providing electronically to the Federal 
        Government records relating to the death of individuals, which 
        may include recommendations to Congress for any statutory 
        changes or financial assistance to States and local agencies 
        and Indian tribes and tribal organizations that are necessary 
        to ensure States and local agencies and Indian tribes and 
        tribal organizations can provide such records electronically. 
        The plan may include recommendations for the authorization of 
        appropriations or other funding to carry out the plan.
    ``(d) Reports.--
            ``(1) Report to congress on improving data matching 
        regarding payments to deceased individuals.--Not later than 270 
        days after the date of enactment of this subsection, the 
        Director of the Office of Management and Budget, in 
        consultation with the heads of other relevant Federal agencies, 
        and in consultation with States and local agencies, Indian 
        tribes and tribal organizations, shall submit to Congress a 
        plan to improve how States and local agencies and Indian tribes 
        and tribal organizations that provide benefits under a 
        federally funded program will improve data matching with the 
        Federal Government with respect to the death of individuals who 
        are recipients of such benefits.
            ``(2) Annual report.--Not later than 1 year after the date 
        of enactment of this section, and for each of the 4 succeeding 
        years, the Director of the Office of Management and Budget 
        shall submit to Congress a report regarding the implementation 
        of subsection (c) and paragraph (1). The first report submitted 
        under this paragraph shall include the recommendations of the 
        Director required under subsection (c)(2).
    ``(e) Definitions.--In this section, the terms `Indian tribe' and 
`tribal organization' have the meanings given those terms in section 4 
of the Indian Self-Determination and Education Assistance Act (25 
U.S.C. 450b).''.

SEC. 1304. PLAN FOR ENSURING THE ACCURACY AND COMPLETENESS OF DEATH 
              DATA MAINTAINED AND DISTRIBUTED BY THE SOCIAL SECURITY 
              ADMINISTRATION.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Commissioner of Social Security shall submit to 
Congress a plan, which shall include the elements described in 
subsection (b), to improve the accuracy and completeness of the death 
data (including data regarding individuals who are not eligible for or 
receiving benefits under titles II or XVI of the Social Security Act) 
maintained and distributed by the Social Security Administration.
    (b) Content of Plan.--The plan required under subsection (a) shall 
include the following elements:
            (1) A procedure for identifying individuals who are still 
        alive and are older than the oldest known living person 
        according to the records of the Social Security Administration.
            (2) Improved policies and procedures for identifying and 
        correcting erroneous records, including policies and procedures 
        for--
                    (A) identifying individuals listed as dead who are 
                actually alive;
                    (B) identifying individuals listed as alive who are 
                actually dead; and
                    (C) allowing individuals or survivors of deceased 
                individuals to notify the Social Security 
                Administration of potential errors.
            (3) Improved policies and procedures to identify and 
        correct errors in the records of the Numerical Identification 
        System, and death data.
            (4) A process for employing statistical analysis of the 
        death data maintained and distributed by the Social Security 
        Administration to determine an estimate of the number of 
        erroneous records.
            (5) Recommendations for legislation.

SEC. 1305. REPORT ON INFORMATION SECURITY.

    Not later than 90 days after the date of the enactment of this Act, 
the Commissioner of Social Security shall submit a report to the 
Committees on Ways and Means, Oversight and Government Reform, and 
Homeland Security of the House of Representatives, and the Committees 
on Finance and Homeland Security and Governmental Affairs of the Senate 
that--
            (1) identifies all information systems of the Social 
        Security Administration containing sensitive information; and
            (2) describes the measures the Commissioner is taking to 
        secure and protect such information systems.

             Subtitle D--Fraud Reduction and Data Analytics

SEC. 1401. SHORT TITLE.

    This subtitle may be cited as the ``Fraud Reduction and Data 
Analytics Act of 2016''.

SEC. 1402. DEFINITIONS.

    In this subtitle--
            (1) the term ``agency'' has the meaning given the term in 
        section 551 of title 5, United States Code; and
            (2) the term ``improper payment'' has the meaning given the 
        term in section 2(g) of the Improper Payments Information Act 
        of 2002 (31 U.S.C. 3321 note).

SEC. 1403. ESTABLISHMENT OF FINANCIAL AND ADMINISTRATIVE CONTROLS 
              RELATING TO FRAUD AND IMPROPER PAYMENTS.

    (a) Guidelines.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Director of the Office of Management 
        and Budget, in consultation with the Comptroller General of the 
        United States, shall establish guidelines for agencies to 
        establish financial and administrative controls to identify and 
        assess fraud risks and design and implement control activities 
        in order to prevent, detect, and respond to fraud, including 
        improper payments.
            (2) Contents.--The guidelines described in paragraph (1) 
        shall incorporate the leading practices identified in the 
        report published by the Government Accountability Office on 
        July 28, 2015, entitled ``Framework for Managing Fraud Risks in 
        Federal Programs''.
            (3) Modification.--The Director of the Office of Management 
        and Budget, in consultation with the Comptroller General of the 
        United States, may periodically modify the guidelines described 
        in paragraph (1) as the Director and Comptroller General may 
        determine necessary.
    (b) Requirements for Controls.--The financial and administrative 
controls required to be established by agencies under subsection (a) 
shall include--
            (1) conducting an evaluation of fraud risks and using a 
        risk-based approach to design and implement financial and 
        administrative control activities to mitigate identified fraud 
        risks;
            (2) collecting and analyzing data from reporting mechanisms 
        on detected fraud to monitor fraud trends and using that data 
        and information to continuously improve fraud prevention 
        controls; and
            (3) using the results of monitoring, evaluation, audits, 
        and investigations to improve fraud prevention, detection, and 
        response.
    (c) Reports.--
            (1) In general.--Except as provided in paragraph (2), for 
        each of the first 3 fiscal years beginning after the date of 
        enactment of this Act, each agency shall submit to Congress, as 
        part of the annual financial report of the agency, a report on 
        the progress of the agency in--
                    (A) implementing--
                            (i) the financial and administrative 
                        controls required to be established under 
                        subsection (a);
                            (ii) the fraud risk principle in the 
                        Standards for Internal Control in the Federal 
                        Government; and
                            (iii) Office of Management and Budget 
                        Circular A-123 with respect to the leading 
                        practices for managing fraud risk;
                    (B) identifying risks and vulnerabilities to fraud, 
                including with respect to payroll, beneficiary 
                payments, grants, large contracts, and purchase and 
                travel cards; and
                    (C) establishing strategies, procedures, and other 
                steps to curb fraud.
            (2) First report.--If the date of enactment of this Act is 
        less than 180 days before the date on which an agency is 
        required to submit the annual financial report of the agency, 
        the agency may submit the report required under paragraph (1) 
        as part of the following annual financial report of the agency.

SEC. 1404. WORKING GROUP.

    (a) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Office of Management and Budget shall 
establish a working group to improve--
            (1) the sharing of financial and administrative controls 
        established under section 1403(a) and other best practices and 
        techniques for detecting, preventing, and responding to fraud, 
        including improper payments; and
            (2) the sharing and development of data analytics 
        techniques.
    (b) Composition.--The working group established under subsection 
(a) shall be composed of--
            (1) the Controller of the Office of Management and Budget, 
        who shall serve as Chairperson;
            (2) the Chief Financial Officer of each agency; and
            (3) any other party determined to be appropriate by the 
        Director of the Office of Management and Budget, which may 
        include the Chief Information Officer, the Chief Procurement 
        Officer, or the Chief Operating Officer of each agency.
    (c) Consultation.--The working group established under subsection 
(a) shall consult with Offices of Inspectors General and Federal and 
non-Federal experts on fraud risk assessments, financial controls, and 
other relevant matters.
    (d) Meetings.--The working group established under subsection (a) 
shall hold not fewer than 4 meetings per year.
    (e) Plan.--Not later than 270 days after the date of enactment of 
this Act, the working group established under subsection (a) shall 
submit to Congress a plan for the establishment and use of a Federal 
interagency library of data analytics and data sets, which can 
incorporate or improve upon existing Federal resources and capacities, 
for use by agencies and Offices of Inspectors General to facilitate the 
detection, prevention, and recovery of fraud, including improper 
payments.

       Subtitle E--Duplication Reduction and Agency Coordination

SEC. 1501. SHORT TITLE.

    This subtitle may be cited as the ``Getting Results through 
Enhanced Accountability and Transparency Act of 2016''.

SEC. 1502. PURPOSE.

    The purpose of this subtitle is to increase the efficiency and 
effectiveness of the Federal Government in measuring and managing 
unnecessary duplication, fragmentation, and overlap in Government 
programs and in addressing recommendations from the Government 
Accountability Office.

SEC. 1503. IDENTIFICATION, CONSOLIDATION, AND ELIMINATION OF 
              UNNECESSARILY DUPLICATIVE GOVERNMENT PROGRAMS.

    Section 21 of the Joint Resolution entitled ``Joint Resolution 
increasing the statutory limit on the public debt'' (Public Law 111-
139; 31 U.S.C. 712 note) is amended to read as follows:

``SEC. 21. IDENTIFICATION, CONSOLIDATION, AND ELIMINATION OF 
              UNNECESSARILY DUPLICATIVE GOVERNMENT PROGRAMS.

    ``(a) In General.--The Comptroller General of the United States 
shall--
            ``(1) conduct routine investigations to identify programs, 
        agencies, offices, and initiatives with unnecessarily 
        duplicative goals and activities within departments and 
        agencies and Governmentwide; and
            ``(2) submit to Congress an annual report on the findings 
        of the investigations under paragraph (1).
    ``(b) Contents of Reports.--Reports submitted under subsection 
(a)(2) shall, to the extent possible--
            ``(1) include--
                    ``(A) information from available reports estimating 
                the cost of unnecessary duplication identified under 
                subsection (a)(1); and
                    ``(B) recommendations for consolidation, 
                coordination, and elimination to reduce unnecessary 
                duplication, which shall identify specific rescissions; 
                and
            ``(2) aggregate separately--
                    ``(A) estimates of related costs reported by the 
                Comptroller General for instances of actual and 
                potential unnecessary duplication; and
                    ``(B) estimates of other potential cost savings and 
                revenue collection reported by the Comptroller General 
                during the period covered by the report.''.

SEC. 1504. IMPROVEMENTS TO ELIMINATION OF UNNECESSARY DUPLICATION.

    (a) Systematic Agency Review of Operations.--Section 305(c) of 
title 5, United States Code, is amended--
            (1) in paragraph (1), by inserting ``, and ways in which 
        the agency might improve its performance toward its mission'' 
        before the semicolon;
            (2) by redesignating paragraphs (2) and (3) as paragraphs 
        (4) and (5), respectively;
            (3) by inserting after paragraph (1) the following:
            ``(2) informing the processes of the agency for learning 
        and decisionmaking;
            ``(3) assessing potential opportunities to improve 
        coordination within the agency and with other agencies, and to 
        address actual and potential unnecessary duplication;''; and
            (4) in paragraph (5), as so redesignated, by inserting 
        ``and performance toward achieving the mission of the agency'' 
        before the period.
    (b) Chief Operating Officers.--Section 1123(b) of title 31, United 
States Code, is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``evaluation,'' after 
                ``measurement,''; and
                    (B) by inserting ``risk management,'' after 
                ``progress,'';
            (2) by redesignating paragraphs (2), (3), and (4) as 
        paragraphs (3), (4), and (5), respectively;
            (3) by inserting after paragraph (1) the following:
            ``(2) address crosscutting program and management issues, 
        including opportunities to improve coordination and address 
        unnecessary duplication, within and external to the agency 
        using an enterprise risk management approach;'';
            (4) in paragraph (4), as so redesignated, by inserting ``of 
        mission-oriented components and units and mission support'' 
        after ``management''; and
            (5) in paragraph (5), as so redesignated--
                    (A) by striking ``such as the Chief'' and inserting 
                the following: ``such as--
                    ``(A) the heads of mission-related components and 
                units at the agency and the major components of the 
                agency; and
                    ``(B) the Chief''; and
                    (B) by striking ``other line of business'' and all 
                that follows and inserting ``heads of mission support 
                functions at the agency and at the major components of 
                the agency.''.
    (c) Federal Government and Agency Performance Plans.--Section 1115 
of title 31, United States Code, is amended--
            (1) in subsection (a)(6), by inserting ``, including actual 
        or potential unnecessary duplication,'' after ``crosscutting in 
        nature'';
            (2) in subsection (b)(9), in the matter preceding 
        subparagraph (A), by inserting ``, including actual or 
        potential unnecessary duplication,'' after ``agency faces''; 
        and
            (3) in subsection (h)--
                    (A) by redesignating paragraphs (5) through (12) as 
                paragraphs (6) through (13), respectively;
                    (B) by inserting after paragraph (4) the following:
            ``(5) `enterprise risk management' means the processes that 
        are used to address the full spectrum of risks across multiple 
        programs and organizations that are located within a larger 
        entity or initiative, placing the risks into an integrated and 
        interrelated portfolio, and prioritizing their mitigation;'';
                    (C) in paragraph (12), as so redesignated, by 
                striking ``and'' at the end;
                    (D) in paragraph (13), as so redesignated, by 
                striking the period and inserting a semicolon; and
                    (E) by adding at the end the following:
            ``(14) `risk' means the possibility of--
                    ``(A) an adverse event or phenomenon occurring; or
                    ``(B) a beneficial opportunity remaining 
                unexploited; and
            ``(15) `risk management' means the processes that are used 
        to identify, assess, prioritize, monitor, mitigate, and report 
        on risks to achieving the missions, goals, and objectives of a 
        department, agency, or program, or group thereof, using 
        resources and processes appropriate to the nature of the risks 
        and resources available.''.
    (d) Federal Government and Agency Priority Goals.--Section 1120 of 
title 31, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)(B)--
                            (i) in the matter preceding clause (i), by 
                        inserting ``and mission support'' after 
                        ``management''; and
                            (ii) in clause (v), by striking the 
                        semicolon and inserting a period; and
                    (B) in paragraph (3)--
                            (i) by redesignating subparagraphs (A) 
                        through (G) as clauses (i) through (vii) and 
                        adjusting the margin accordingly;
                            (ii) by striking ``shall consult'' and 
                        inserting the following: ``shall--
                    ``(A) consider recommendations of the Government 
                Accountability Office in--
                            ``(i) the annual report submitted under 
                        section 21 of the Joint Resolution entitled 
                        `Joint Resolution increasing the statutory 
                        limit on the public debt' (Public Law 111-139; 
                        31 U.S.C. 712 note); or
                            ``(ii) the High Risk list; and
                    ``(B) consult''; and
                            (iii) in subparagraph (B)(vii), as so 
                        redesignated, by striking the semicolon and 
                        inserting a period; and
            (2) in subsection (b)(1)(A), by inserting ``biennial'' 
        before ``consultations''.
    (e) Performance Improvement Officers and the Performance 
Improvement Council.--Section 1124 of title 31, United States Code, is 
amended--
            (1) in subsection (a)(2)(A)--
                    (A) by inserting ``, in collaboration with heads of 
                agency components and mission support functions,'' 
                after ``Officer'';
                    (B) by inserting ``evaluation,'' after 
                ``measurement,''; and
                    (C) by inserting ``risk management,'' after 
                ``progress,''; and
            (2) in subsection (b)(2)--
                    (A) in subparagraph (D), by inserting ``including 
                issues relating to coordination and unnecessary 
                duplication,'' after ``issues,'';
                    (B) in subparagraph (E), by inserting ``and with 
                non-Federal stakeholders, including States and local 
                governments,'' after ``exchange among agencies'';
                    (C) in subparagraph (F), by inserting ``and mission 
                support'' after ``management'';
                    (D) in subparagraph (I), by striking ``and'' at the 
                end;
                    (E) in subparagraph (J), by striking the period at 
                the end and inserting a semicolon; and
                    (F) by adding at the end the following:
                    ``(K) establish a public website; and
                    ``(L) place annually and archive on the website a 
                detailed annual report describing the Performance 
                Improvement Council's--
                            ``(i) structure (including any committees 
                        or task forces);
                            ``(ii) budget and relevant sources of 
                        funds;
                            ``(iii) staffing, on a full-time equivalent 
                        basis (including an accounting of details from 
                        agencies); and
                            ``(iv) past, current, and planned 
                        activities.''.
    (f) Elimination of Unnecessary Agency Reporting.--Section 
1125(a)(1) of title 31, United States Code, is amended by striking 
``reports;'' and inserting the following: ``reports, and place the list 
on a public website, which shall include, for each plan or report--
                    ``(A) a citation to the relevant statutory 
                requirement or direction in a congressional report; and
                    ``(B) an indication of whether and how the agency 
                is complying with the requirement to produce the plan 
                or report, including a citation to the means through 
                which the agency submits the plan or report;''.
    (g) Agency Reports.--Section 720(b) of title 31, United States 
Code, is amended, in the matter preceding paragraph (1), by inserting 
``, including the annual report on unnecessarily duplicative goals and 
activities within departments and governmentwide required under section 
21 of the Joint Resolution entitled `A joint resolution increasing the 
statutory limit on the public debt' (Public Law 111-139; 31 U.S.C. 712 
note) and the High Risk list of the Government Accountability Office,'' 
after ``makes a report''.

                    Subtitle F--Administrative Leave

SEC. 1601. SHORT TITLE.

    This subtitle may be cited as the ``Administrative Leave Act of 
2016''.

SEC. 1602. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) agency use of administrative leave, and leave that is 
        referred to incorrectly as administrative leave in agency 
        recording practices, has exceeded reasonable amounts--
                    (A) in contravention of--
                            (i) established precedent of the 
                        Comptroller General of the United States; and
                            (ii) guidance provided by the Office of 
                        Personnel Management; and
                    (B) resulting in significant cost to the Federal 
                Government;
            (2) administrative leave should be used sparingly;
            (3) prior to the use of paid leave to address personnel 
        issues, an agency should consider other actions, including--
                    (A) temporary reassignment;
                    (B) transfer; and
                    (C) telework;
            (4) an agency should prioritize and expeditiously conclude 
        an investigation in which an employee is placed in 
        administrative leave so that, not later than the conclusion of 
        the leave period--
                    (A) the employee is returned to duty status; or
                    (B) an appropriate personnel action is taken with 
                respect to the employee;
            (5) data show that there are too many examples of employees 
        placed in administrative leave for 6 months or longer, leaving 
        the employees without any available recourse to--
                    (A) return to duty status; or
                    (B) challenge the decision of the agency;
            (6) an agency should ensure accurate and consistent 
        recording of the use of administrative leave so that 
        administrative leave can be managed and overseen effectively; 
        and
            (7) other forms of excused absence authorized by law should 
        be recorded separately from administrative leave, as defined by 
        the amendments made by this subtitle.

SEC. 1603. ADMINISTRATIVE LEAVE.

    (a) In General.--Subchapter II of chapter 63 of title 5, United 
States Code, is amended by adding at the end the following:
``Sec. 6330. Administrative leave
    ``(a) Definitions.--In this section--
            ``(1) the term `administrative leave' means leave--
                    ``(A) without loss of or reduction in--
                            ``(i) pay;
                            ``(ii) leave to which an employee is 
                        otherwise entitled under law; or
                            ``(iii) credit for time or service; and
                    ``(B) that is not authorized under any other 
                provision of law;
            ``(2) the term `agency'--
                    ``(A) means an Executive agency (as defined in 
                section 105 of this title); and
                    ``(B) does not include the Government 
                Accountability Office; and
            ``(3) the term `employee'--
                    ``(A) has the meaning given the term in section 
                2105; and
                    ``(B) does not include an intermittent employee who 
                does not have an established regular tour of duty 
                during the administrative workweek.
    ``(b) Administrative Leave.--
            ``(1) In general.--An agency may place an employee in 
        administrative leave for a period of not more than 5 
        consecutive days.
            ``(2) Rule of construction.--Nothing in paragraph (1) shall 
        be construed to limit the use of leave that is--
                    ``(A) specifically authorized under law; and
                    ``(B) not administrative leave.
            ``(3) Records.--An agency shall record administrative leave 
        separately from leave authorized under any other provision of 
        law.
    ``(c) Regulations.--
            ``(1) OPM regulations.--Not later than 1 year after the 
        date of enactment of this section, the Director of the Office 
        of Personnel Management shall--
                    ``(A) prescribe regulations to carry out this 
                section; and
                    ``(B) prescribe regulations that provide guidance 
                to agencies regarding--
                            ``(i) acceptable agency uses of 
                        administrative leave; and
                            ``(ii) the proper recording of--
                                    ``(I) administrative leave; and
                                    ``(II) other leave authorized by 
                                law.
            ``(2) Agency action.--Not later than 1 year after the date 
        on which the Director of the Office of Personnel Management 
        prescribes regulations under paragraph (1), each agency shall 
        revise and implement the internal policies of the agency to 
        meet the requirements of this section.
    ``(d) Relation to Other Laws.--Notwithstanding subsection (a) of 
section 7421 of title 38, this section shall apply to an employee 
described in subsection (b) of that section.''.
    (b) OPM Study.--Not later than 120 days after the date of enactment 
of this Act, the Director of the Office of Personnel Management, in 
consultation with Federal agencies, groups representing Federal 
employees, and other relevant stakeholders, shall submit to the 
Committee on Homeland Security and Governmental Affairs of the Senate 
and the Committee on Oversight and Government Reform of the House of 
Representatives a report identifying agency practices, as of the date 
of enactment of this Act, of placing an employee in administrative 
leave for more than 5 consecutive days when the placement was not 
specifically authorized by law.
    (c) Technical and Conforming Amendment.--The table of sections for 
subchapter II of chapter 63 of title 5, United States Code, is amended 
by inserting after the item relating to section 6329 the following:

``6330. Administrative leave.''.

SEC. 1604. INVESTIGATIVE LEAVE AND NOTICE LEAVE.

    (a) In General.--Subchapter II of chapter 63 of title 5, United 
States Code, as amended by this subtitle, is further amended by adding 
at the end the following:
``Sec. 6330a. Investigative leave and notice leave
    ``(a) Definitions.--In this section--
            ``(1) the term `agency'--
                    ``(A) means an Executive agency (as defined in 
                section 105 of this title); and
                    ``(B) does not include the Government 
                Accountability Office;
            ``(2) the term `Chief Human Capital Officer' means--
                    ``(A) the Chief Human Capital Officer of an agency 
                designated or appointed under section 1401; or
                    ``(B) the equivalent;
            ``(3) the term `committees of jurisdiction', with respect 
        to an agency, means each committee in the Senate and House of 
        Representatives with jurisdiction over the agency;
            ``(4) the term `Director' means the Director of the Office 
        of Personnel Management;
            ``(5) the term `employee'--
                    ``(A) has the meaning given the term in section 
                2105; and
                    ``(B) does not include--
                            ``(i) an intermittent employee who does not 
                        have an established regular tour of duty during 
                        the administrative workweek; or
                            ``(ii) the Inspector General of an agency;
            ``(6) the term `investigative leave' means leave--
                    ``(A) without loss of or reduction in--
                            ``(i) pay;
                            ``(ii) leave to which an employee is 
                        otherwise entitled under law; or
                            ``(iii) credit for time or service;
                    ``(B) that is not authorized under any other 
                provision of law; and
                    ``(C) in which an employee who is the subject of an 
                investigation is placed;
            ``(7) the term `notice leave' means leave--
                    ``(A) without loss of or reduction in--
                            ``(i) pay;
                            ``(ii) leave to which an employee is 
                        otherwise entitled under law; or
                            ``(iii) credit for time or service;
                    ``(B) that is not authorized under any other 
                provision of law; and
                    ``(C) in which an employee who is in a notice 
                period is placed; and
            ``(8) the term `notice period' means a period beginning on 
        the date on which an employee is provided notice required under 
        law of a proposed adverse action against the employee and 
        ending on the date on which an agency may take the adverse 
        action.
    ``(b) Leave for Employees Under Investigation or in a Notice 
Period.--
            ``(1) Authority.--An agency may, in accordance with 
        paragraph (2), place an employee in--
                    ``(A) investigative leave if the employee is the 
                subject of an investigation;
                    ``(B) notice leave if the employee is in a notice 
                period; or
                    ``(C) notice leave following a placement in 
                investigative leave if, not later than the day after 
                the last day of the period of investigative leave--
                            ``(i) the agency proposes or initiates an 
                        adverse action against the employee; and
                            ``(ii) the agency determines that the 
                        employee continues to meet 1 or more of the 
                        criteria described in subsection (c)(1).
            ``(2) Requirements.--An agency may place an employee in 
        leave under paragraph (1) only if the agency has--
                    ``(A) made a determination with respect to the 
                employee under subsection (c)(1);
                    ``(B) considered the available options for the 
                employee under subsection (c)(2); and
                    ``(C) determined that none of the available options 
                under subsection (c)(2) is appropriate.
    ``(c) Employees Under Investigation or in a Notice Period.--
            ``(1) Determinations.--An agency may not place an employee 
        in investigative leave or notice leave under subsection (b) 
        unless the continued presence of the employee in the workplace 
        during an investigation of the employee or while the employee 
        is in a notice period, if applicable, may--
                    ``(A) pose a threat to the employee or others;
                    ``(B) result in the destruction of evidence 
                relevant to an investigation;
                    ``(C) result in loss of or damage to Government 
                property; or
                    ``(D) otherwise jeopardize legitimate Government 
                interests.
            ``(2) Available options for employees under investigation 
        or in a notice period.--After making a determination under 
        paragraph (1) with respect to an employee, and before placing 
        an employee in investigative leave or notice leave under 
        subsection (b), an agency shall consider taking 1 or more of 
        the following actions:
                    ``(A) Assigning the employee to duties in which the 
                employee is no longer a threat to--
                            ``(i) safety;
                            ``(ii) the mission of the agency;
                            ``(iii) Government property; or
                            ``(iv) evidence relevant to an 
                        investigation.
                    ``(B) Allowing the employee to take leave for which 
                the employee is eligible.
                    ``(C) Requiring the employee to telework under 
                section 6502(c).
                    ``(D) If the employee is absent from duty without 
                approved leave, carrying the employee in absence 
                without leave status.
                    ``(E) For an employee subject to a notice period, 
                curtailing the notice period if there is reasonable 
                cause to believe the employee has committed a crime for 
                which a sentence of imprisonment may be imposed.
            ``(3) Duration of leave.--
                    ``(A) Investigative leave.--Subject to extensions 
                of a period of investigative leave for which an 
                employee may be eligible under subsections (d) and (e), 
                the initial placement of an employee in investigative 
                leave shall be for a period not longer than 10 days.
                    ``(B) Notice leave.--Placement of an employee in 
                notice leave shall be for a period not longer than the 
                duration of the notice period.
            ``(4) Explanation of leave.--
                    ``(A) In general.--If an agency places an employee 
                in leave under subsection (b), the agency shall provide 
                the employee a written explanation of the leave 
                placement and the reasons for the leave placement.
                    ``(B) Explanation.--The written notice under 
                subparagraph (A) shall describe the limitations of the 
                leave placement, including--
                            ``(i) the applicable limitations under 
                        paragraph (3); and
                            ``(ii) in the case of a placement in 
                        investigative leave, an explanation that, at 
                        the conclusion of the period of leave, the 
                        agency shall take an action under paragraph 
                        (5).
            ``(5) Agency action.--Not later than the day after the last 
        day of a period of investigative leave for an employee under 
        subsection (b)(1), an agency shall--
                    ``(A) return the employee to regular duty status;
                    ``(B) take 1 or more of the actions authorized 
                under paragraph (2), meaning--
                            ``(i) assigning the employee to duties in 
                        which the employee is no longer a threat to--
                                    ``(I) safety;
                                    ``(II) the mission of the agency;
                                    ``(III) Government property; or
                                    ``(IV) evidence relevant to an 
                                investigation;
                            ``(ii) allowing the employee to take leave 
                        for which the employee is eligible;
                            ``(iii) requiring the employee to telework 
                        under section 6502(c);
                            ``(iv) if the employee is absent from duty 
                        without approved leave, carrying the employee 
                        in absence without leave status; or
                            ``(v) for an employee subject to a notice 
                        period, curtailing the notice period if there 
                        is reasonable cause to believe the employee has 
                        committed a crime for which a sentence of 
                        imprisonment may be imposed;
                    ``(C) propose or initiate an adverse action against 
                the employee as provided under law; or
                    ``(D) extend the period of investigative leave 
                under subsections (d) and (e).
            ``(6) Rule of construction.--Nothing in paragraph (5) shall 
        be construed to prevent the continued investigation of an 
        employee, except that the placement of an employee in 
        investigative leave may not be extended for that purpose except 
        as provided in subsections (d) and (e).
    ``(d) Initial Extension of Investigative Leave.--
            ``(1) In general.--Subject to paragraph (4), if the Chief 
        Human Capital Officer of an agency, or the designee of the 
        Chief Human Capital Officer, approves such an extension after 
        consulting with the investigator responsible for conducting the 
        investigation to which an employee is subject, the agency may 
        extend the period of investigative leave for the employee under 
        subsection (b) for not more than 30 days.
            ``(2) Maximum number of extensions.--The total period of 
        additional investigative leave for an employee under paragraph 
        (1) may not exceed 110 days.
            ``(3) Designation guidance.--Not later than 1 year after 
        the date of enactment of this section, the Chief Human Capital 
        Officers Council shall issue guidance to ensure that if the 
        Chief Human Capital Officer of an agency delegates the 
        authority to approve an extension under paragraph (1) to a 
        designee, the designee is at a sufficiently high level within 
        the agency to make an impartial and independent determination 
        regarding the extension.
            ``(4) Extensions for oig employees.--
                    ``(A) Approval.--In the case of an employee of an 
                Office of Inspector General--
                            ``(i) the Inspector General or the designee 
                        of the Inspector General, rather than the Chief 
                        Human Capital Officer or the designee of the 
                        Chief Human Capital Officer, shall approve an 
                        extension of a period of investigative leave 
                        for the employee under paragraph (1); or
                            ``(ii) at the request of the Inspector 
                        General, the head of the agency within which 
                        the Office of Inspector General is located 
                        shall designate an official of the agency to 
                        approve an extension of a period of 
                        investigative leave for the employee under 
                        paragraph (1).
                    ``(B) Guidance.--Not later than 1 year after the 
                date of enactment of this section, the Council of the 
                Inspectors General on Integrity and Efficiency shall 
                issue guidance to ensure that if the Inspector General 
                or the head of an agency, at the request of the 
                Inspector General, delegates the authority to approve 
                an extension under subparagraph (A) to a designee, the 
                designee is at a sufficiently high level within the 
                Office of Inspector General or the agency, as 
                applicable, to make an impartial and independent 
                determination regarding the extension.
    ``(e) Further Extension of Investigative Leave.--
            ``(1) In general.--After reaching the limit under 
        subsection (d)(2), an agency may further extend a period of 
        investigative leave for an employee for a period of not more 
        than 60 days if, before the further extension begins, the head 
        of the agency or, in the case of an employee of an Office of 
        Inspector General, the Inspector General submits a notification 
        that includes the reasons for the further extension to the--
                    ``(A) committees of jurisdiction;
                    ``(B) Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    ``(C) Committee on Oversight and Government Reform 
                of the House of Representatives.
            ``(2) No limit.--There shall be no limit on the number of 
        further extensions that an agency may grant to an employee 
        under paragraph (1).
            ``(3) OPM review.--An agency shall request from the 
        Director, and include with the notification required under 
        paragraph (1), the opinion of the Director--
                    ``(A) with respect to whether to grant a further 
                extension under this subsection, including the reasons 
                for that opinion; and
                    ``(B) which shall not be binding on the agency.
            ``(4) Sunset.--The authority provided under this subsection 
        shall expire on the date that is 6 years after the date of 
        enactment of this section.
    ``(f) Consultation Guidance.--Not later than 1 year after the date 
of enactment of this section, the Council of the Inspectors General on 
Integrity and Efficiency, in consultation with the Attorney General and 
the Special Counsel, shall issue guidance on best practices for 
consultation between an investigator and an agency on the need to place 
an employee in investigative leave during an investigation of the 
employee, including during a criminal investigation, because the 
continued presence of the employee in the workplace during the 
investigation may--
            ``(1) pose a threat to the employee or others;
            ``(2) result in the destruction of evidence relevant to an 
        investigation;
            ``(3) result in loss of or damage to Government property; 
        or
            ``(4) otherwise jeopardize legitimate Government interests.
    ``(g) Reporting and Records.--
            ``(1) In general.--An agency shall keep a record of the 
        placement of an employee in investigative leave or notice leave 
        by the agency, including--
                    ``(A) the basis for the determination made under 
                subsection (c)(1);
                    ``(B) an explanation of why an action under 
                subsection (c)(2) was not appropriate;
                    ``(C) the length of the period of leave;
                    ``(D) the amount of salary paid to the employee 
                during the period of leave;
                    ``(E) the reasons for authorizing the leave, 
                including, if applicable, the recommendation made by an 
                investigator under subsection (d)(1); and
                    ``(F) the action taken by the agency at the end of 
                the period of leave, including, if applicable, the 
                granting of any extension of a period of investigative 
                leave under subsection (d) or (e).
            ``(2) Availability of records.--An agency shall make a 
        record kept under paragraph (1) available--
                    ``(A) to any committee of Congress, upon request;
                    ``(B) to the Office of Personnel Management; and
                    ``(C) as otherwise required by law, including for 
                the purposes of the Administrative Leave Act of 2016 
                and the amendments made by that Act.
    ``(h) Regulations.--
            ``(1) OPM action.--Not later than 1 year after the date of 
        enactment of this section, the Director shall prescribe 
        regulations to carry out this section, including guidance to 
        agencies regarding--
                    ``(A) acceptable purposes for the use of--
                            ``(i) investigative leave; and
                            ``(ii) notice leave;
                    ``(B) the proper recording of--
                            ``(i) the leave categories described in 
                        subparagraph (A); and
                            ``(ii) other leave authorized by law;
                    ``(C) baseline factors that an agency shall 
                consider when making a determination that the continued 
                presence of an employee in the workplace may--
                            ``(i) pose a threat to the employee or 
                        others;
                            ``(ii) result in the destruction of 
                        evidence relevant to an investigation;
                            ``(iii) result in loss or damage to 
                        Government property; or
                            ``(iv) otherwise jeopardize legitimate 
                        Government interests; and
                    ``(D) procedures and criteria for the approval of 
                an extension of a period of investigative leave under 
                subsection (d) or (e).
            ``(2) Agency action.--Not later than 1 year after the date 
        on which the Director prescribes regulations under paragraph 
        (1), each agency shall revise and implement the internal 
        policies of the agency to meet the requirements of this 
        section.
    ``(i) Relation to Other Laws.--Notwithstanding subsection (a) of 
section 7421 of title 38, this section shall apply to an employee 
described in subsection (b) of that section.''.
    (b) Personnel Action.--Section 2302(a)(2)(A) of title 5, United 
States Code, is amended--
            (1) in clause (xi), by striking ``and'' at the end;
            (2) by redesignating clause (xii) as clause (xiii); and
            (3) by inserting after clause (xi) the following:
                    ``(xii) a determination made by an agency under 
                section 6330a(c)(1) that the continued presence of an 
                employee in the workplace during an investigation of 
                the employee or while the employee is in a notice 
                period, if applicable, may--
                            ``(I) pose a threat to the employee or 
                        others;
                            ``(II) result in the destruction of 
                        evidence relevant to an investigation;
                            ``(III) result in loss of or damage to 
                        Government property; or
                            ``(IV) otherwise jeopardize legitimate 
                        Government interests; and''.
    (c) GAO Report.--Not later than 5 years after the date of enactment 
of this Act, the Comptroller General of the United States shall report 
to the Committee on Homeland Security and Governmental Affairs of the 
Senate and the Committee on Oversight and Government Reform of the 
House of Representatives on the results of an evaluation of the 
implementation of the authority provided under sections 6330 and 6330a 
of title 5, United States Code, as added by section 1603(a) and 
subsection (a) of this section, respectively, including--
            (1) an assessment of agency use of the authority provided 
        under subsection (e) of such section 6330a, including data 
        regarding--
                    (A) the number and length of extensions granted 
                under that subsection; and
                    (B) the number of times that the Director of the 
                Office of Personnel Management, under paragraph (3) of 
                that subsection--
                            (i) concurred with the decision of an 
                        agency to grant an extension; and
                            (ii) did not concur with the decision of an 
                        agency to grant an extension, including the 
                        bases for those opinions of the Director;
            (2) recommendations to Congress, as appropriate, on the 
        need for extensions beyond the extensions authorized under 
        subsection (d) of such section 6330a; and
            (3) a review of the practice of agency placement of an 
        employee in investigative or notice leave under subsection (b) 
        of such section 6330a because of a determination under 
        subsection (c)(1)(D) of that section that the employee 
        jeopardized legitimate Government interests, including the 
        extent to which such determinations were supported by evidence.
    (d) Telework.--Section 6502 of title 5, United States Code, is 
amended by adding at the end the following:
    ``(c) Required Telework.--If an agency determines under section 
6330a(c)(1) that the continued presence of an employee in the workplace 
during an investigation of the employee or while the employee is in a 
notice period, if applicable, may pose 1 or more of the threats 
described in that section and the employee is eligible to telework 
under subsections (a) and (b) of this section, the agency may require 
the employee to telework for the duration of the investigation or the 
notice period, if applicable.''.
    (e) Technical and Conforming Amendment.--The table of sections for 
subchapter II of chapter 63 of title 5, United States Code, is amended 
by inserting after the item relating to section 6330, as added by this 
subtitle, the following:

``6330a. Investigative leave and notice leave.''.

SEC. 1605. LEAVE FOR WEATHER AND SAFETY ISSUES.

    (a) In General.--Subchapter II of chapter 63 of title 5, United 
States Code, as amended by this subtitle, is further amended by adding 
at the end the following:
``Sec. 6330b. Weather and safety leave
    ``(a) Definitions.--In this section--
            ``(1) the term `agency'--
                    ``(A) means an Executive agency (as defined in 
                section 105 of this title); and
                    ``(B) does not include the Government 
                Accountability Office; and
            ``(2) the term `employee'--
                    ``(A) has the meaning given the term in section 
                2105; and
                    ``(B) does not include an intermittent employee who 
                does not have an established regular tour of duty 
                during the administrative workweek.
    ``(b) Leave for Weather and Safety Issues.--An agency may approve 
the provision of leave under this section to an employee or a group of 
employees without loss of or reduction in the pay of the employee or 
employees, leave to which the employee or employees are otherwise 
entitled, or credit to the employee or employees for time or service 
only if the employee or group of employees is prevented from safely 
traveling to or performing work at an approved location due to--
            ``(1) an act of God;
            ``(2) a terrorist attack; or
            ``(3) another condition that prevents the employee or group 
        of employees from safely traveling to or performing work at an 
        approved location.
    ``(c) Records.--An agency shall record leave provided under this 
section separately from leave authorized under any other provision of 
law.
    ``(d) Regulations.--Not later than 1 year after the date of 
enactment of this section, the Director of the Office of Personnel 
Management shall prescribe regulations to carry out this section, 
including--
            ``(1) guidance to agencies regarding the appropriate 
        purposes for providing leave under this section; and
            ``(2) the proper recording of leave provided under this 
        section.
    ``(e) Relation to Other Laws.--Notwithstanding subsection (a) of 
section 7421 of title 38, this section shall apply to an employee 
described in subsection (b) of that section.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
subchapter II of chapter 63 of title 5, United States Code, is amended 
by inserting after the item relating to section 6330a, as added by this 
subtitle, the following:

``6330b. Weather and safety leave.''.

SEC. 1606. ADDITIONAL OVERSIGHT.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, the Director of the Office of Personnel Management shall 
complete a review of agency policies to determine whether agencies have 
complied with the requirements of this subtitle and the amendments made 
by this subtitle.
    (b) Report to Congress.--Not later than 90 days after completing 
the review under subsection (a), the Director shall submit to Congress 
a report evaluating the results of the review.

            Subtitle G--Enhancements for Inspectors General

                 PART I--INSPECTOR GENERAL EMPOWERMENT

SEC. 1701. SHORT TITLE.

    This part may be cited as the ``Inspector General Empowerment Act 
of 2016''.

SEC. 1702. NONDUTY STATUS OF INSPECTORS GENERAL; NOMINAL SUPERVISION.

    The Inspector General Act of 1978 (5 U.S.C. App.) is amended--
            (1) in section 3--
                    (A) in the section header--
                            (i) by inserting ``nominal'' before 
                        ``supervision;''; and
                            (ii) by inserting ``paid or unpaid, nonduty 
                        status;'' after ``removal;'';
                    (B) in subsection (a)--
                            (i) by striking ``be under the general 
                        supervision'' and inserting ``be under the 
                        nominal supervision''; and
                            (ii) by striking ``be subject to 
                        supervision by'' and inserting ``be subject to 
                        nominal supervision by'';
                    (C) in subsection (b)--
                            (i) by striking ``An Inspector General'' 
                        and inserting ``(1) An Inspector General'';
                            (ii) in paragraph (1), as so designated, by 
                        striking the last sentence; and
                            (iii) by adding at the end the following:
    ``(2)(A) Subject to subparagraphs (B) and (C), the President may 
place an Inspector General in an involuntary paid or unpaid, nonduty 
status if the President determines that the continued presence in the 
workplace of the Inspector General may--
            ``(i) pose a threat to the employee or others;
            ``(ii) result in loss of or damage to property of the 
        Federal Government; or
            ``(iii) otherwise jeopardize legitimate interests of the 
        Federal Government.
    ``(B) Not later than 48 hours after the President issues the 
directive to place an Inspector General in an involuntary paid or 
unpaid, nonduty status under subparagraph (A), the President shall 
communicate in writing to both Houses of Congress the reasons for such 
action, which shall be limited to evidence showing that the continued 
presence in the workplace of the Inspector General may result in a 
condition described in clause (i), (ii), or (iii) of subparagraph (A).
    ``(C) The President may not place an Inspector General in an 
involuntary paid or unpaid, nonduty status under subparagraph (A) for 
more than 10 days, unless the Integrity Committee of the Council of the 
Inspectors General for Integrity and Efficiency submits to the 
President a written recommendation for additional time, which is acted 
upon by the President, and the decision is communicated immediately to 
both Houses of Congress.
    ``(3) Except as provided in paragraph (2), nothing in this 
subsection shall prohibit a personnel action otherwise authorized by 
law.''; and
            (2) in section 8G--
                    (A) in subsection (d)(1)--
                            (i) by striking ``be under the general 
                        supervision'' and inserting ``be under the 
                        nominal supervision''; and
                            (ii) by striking ``be subject to 
                        supervision by'' and inserting ``be subject to 
                        nominal supervision by''; and
                    (B) in subsection (e)--
                            (i) in paragraph (2), by striking the last 
                        sentence; and
                            (ii) by adding at the end the following:
    ``(3)(A) Subject to subparagraphs (B) and (C), the head of a 
designated Federal entity may place an Inspector General in an 
involuntary paid or unpaid, nonduty status if the head of the 
designated Federal entity determines that the continued presence in the 
workplace of the Inspector General may--
            ``(i) pose a threat to the employee or others;
            ``(ii) result in loss of or damage to property of the 
        Federal Government; or
            ``(iii) otherwise jeopardize legitimate interests of the 
        Federal Government.
    ``(B) Not later than 48 hours after the head of a designated 
Federal entity issues the directive to place an Inspector General in an 
involuntary paid or unpaid, nonduty status under subparagraph (A), the 
head of the designated Federal entity shall communicate in writing to 
both Houses of Congress the reasons for such action, which shall be 
limited to evidence showing that the continued presence in the 
workplace of the Inspector General may result in a condition described 
in clause (i), (ii), or (iii) of subparagraph (A).
    ``(C) The head of a designated Federal entity may not place an 
Inspector General in an involuntary paid or unpaid, nonduty status 
under subparagraph (A) for more than 10 days, unless the Integrity 
Committee of the Council of the Inspectors General for Integrity and 
Efficiency submits to the head of the designated Federal entity a 
written recommendation for additional time, which is acted upon by the 
head of the designated Federal entity, and the decision is communicated 
immediately to both Houses of Congress.
    ``(4) Except as provided in paragraph (3), nothing in this 
subsection shall prohibit a personnel action otherwise authorized by 
law.''.

SEC. 1703. ADDITIONAL AUTHORITY PROVISIONS FOR INSPECTORS GENERAL.

    (a) Subpoena Authority for Inspectors General to Require Testimony 
of Certain Persons.--
            (1) In general.--The Inspector General Act of 1978 (5 
        U.S.C. App.) is amended--
                    (A) in section 5(a), as amended by section 1705(c) 
                of this Act--
                            (i) in paragraph (19), by striking ``and'' 
                        at the end;
                            (ii) in paragraph (20), by striking the 
                        period at the end and inserting a semicolon; 
                        and
                            (iii) by adding at the end the following:
            ``(21) a description of the use of subpoenas for the 
        attendance and testimony of certain witnesses under section 
        6A.'';
                    (B) by inserting after section 6 the following:

``SEC. 6A. ADDITIONAL AUTHORITY.

    ``(a) Testimonial Subpoena Authority.--
            ``(1) In general.--In addition to the authority otherwise 
        provided by this Act and in accordance with the requirements of 
        this section, the Inspector General of each establishment (and 
        each Special Inspector General of an establishment not 
        established under this Act), in carrying out the provisions of 
        this Act (or, in the case of a Special Inspector General, the 
        provisions of the authorizing statute) and as necessary in the 
        performance of the functions assigned by this Act, is 
        authorized to require by subpoena the attendance and testimony 
        of--
                    ``(A) a current or former contractor with the 
                establishment;
                    ``(B) a current or former subcontractor (at any 
                tier) of a contractor with the establishment;
                    ``(C) a current or former grantee of the 
                establishment;
                    ``(D) a current or former subgrantee of a grantee 
                of the establishment;
                    ``(E) a current or former employee of a contractor, 
                subcontractor, grantee, or subgrantee described in 
                subparagraphs (A) through (D), respectively; and
                    ``(F) any former Federal employee of the 
                establishment (but not including any Federal employee 
                who is otherwise obligated to provide testimony and 
                cooperate with the Inspector General).
            ``(2) Limitations.--A subpoena described in paragraph (1)--
                    ``(A) may only require the attendance and testimony 
                of an individual for issues reasonably relevant to the 
                current or former position of the individual under 
                subparagraph (A), (B), (C), (D), (E), or (F) of 
                paragraph (1), as applicable;
                    ``(B) may only be issued by the Inspector General 
                with oversight responsibilities for the establishment 
                for which the individual under subparagraph (A), (B), 
                (C), (D), (E), or (F) of paragraph (1), as applicable, 
                worked; and
                    ``(C) may not be used--
                            ``(i) to investigate an individual with 
                        respect to an action that is protected under 
                        paragraph (8) or (9) of section 2302(b) of 
                        title 5, United States Code; or
                            ``(ii) to obstruct or otherwise undermine 
                        investigative activity for fact finding or 
                        corrective action under such paragraph (8) or 
                        (9).
            ``(3) Enforcement.--A subpoena described in paragraph (1), 
        in the case of contumacy or refusal to obey, shall be 
        enforceable by order of any appropriate United States district 
        court.
    ``(b) Panel Review Before Issuance.--
            ``(1) Approval required.--Before the issuance of a subpoena 
        described in subsection (a), an Inspector General shall submit 
        a request for approval to issue a subpoena by a majority of a 
        panel (in this section referred to as the `Subpoena Panel'), 
        which shall be comprised of--
                    ``(A) 3 members, of whom--
                            ``(i) 2 members shall be from the Council 
                        of the Inspectors General on Integrity and 
                        Efficiency, as designated by the Chairperson of 
                        the Council of the Inspectors General on 
                        Integrity and Efficiency; and
                            ``(ii) 1 member shall be the Special 
                        Counsel of the Office of Special Counsel; or
                    ``(B) in the case of a request by an Inspector 
                General from the Intelligence Community pursuant to the 
                authority provided in subsection (a), 3 Inspectors 
                General within the Intelligence Community.
            ``(2) Time to respond.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), not later than 10 days after the date 
                on which a request for approval to issue a subpoena is 
                submitted under paragraph (1), the Subpoena Panel shall 
                approve or deny the request.
                    ``(B) Additional information for panel.--If the 
                Subpoena Panel determines that additional information 
                is necessary to approve or deny a request for approval 
                to issue a subpoena under subparagraph (A), the 
                Subpoena Panel shall, not later than 20 days after the 
                date on which the request is submitted--
                            ``(i) request the additional information; 
                        and
                            ``(ii) approve or deny the request.
            ``(3) Notification and consultation with attorney 
        general.--Before an Inspector General submits a request for 
        approval to issue a subpoena under paragraph (1), the Inspector 
        General shall--
                    ``(A) notify the Attorney General that the 
                Inspector General intends to submit the request; and
                    ``(B) provide not less than 10 days for 
                consultation with the Attorney General.
            ``(4) Denial by panel.--If a majority of the members of the 
        Subpoena Panel votes to deny a request for approval to issue a 
        subpoena under subparagraph (B)(ii) or finds that the Inspector 
        General did not comply with the requirement under subsection 
        (a)(2), the subpoena may not be issued.
    ``(c) Notice to Attorney General.--
            ``(1) In general.--If the Subpoena Panel approves a request 
        for approval to issue a subpoena under subsection (b)(2), the 
        Inspector General shall notify the Attorney General that the 
        Inspector General intends to issue the subpoena.
            ``(2) Decision of attorney general.--Not later than 10 days 
        after the date on which the Attorney General is notified under 
        paragraph (1), the Attorney General may--
                    ``(A) object to the issuance of the subpoena if the 
                subpoena will interfere with an ongoing matter; or
                    ``(B) approve the issuance of the subpoena.
            ``(3) Issuance of subpoena approved.--If the Attorney 
        General approves the issuance of the subpoena or does not 
        object to the issuance of the subpoena during the 10-day period 
        described in paragraph (2), the Inspector General may issue the 
        subpoena.
            ``(4) Suspension of subpoena.--After the expiration of the 
        10-day period described in paragraph (2), the Attorney General 
        may request that the Inspector General suspend the subpoena if 
        the Attorney General determines that new circumstances would 
        result in the subpoena interfering with an ongoing matter. The 
        Inspector General shall consult with and consider the request 
        of the Attorney General.
    ``(d) Inclusion in Annual Report.--Not later than 1 year after the 
effective date of this section, and every year thereafter, each 
Inspector General shall submit to the Chairperson of the Council of the 
Inspectors General on Integrity and Efficiency the number of times the 
Inspector General issued a subpoena under this section, which shall be 
included by the Chairperson in the annual report required under section 
11(b)(3)(B)(viii).
    ``(e) Use of Authority.--The Chairperson of the Council of the 
Inspectors General on Integrity and Efficiency, in consultation with 
the Attorney General, shall prescribe policies and procedures to carry 
out the purposes of this section, which shall, at a minimum, include--
            ``(1) allowing not less than 14 calendar days between the 
        date on which a subpoena is served on the recipient or the 
        counsel for the recipient and the interview date;
            ``(2) notifying the recipient of a subpoena not less than 
        14 calendar days in advance of the interview date of the right 
        of the recipient to have counsel present and the nature of the 
        audit, evaluation, or investigation in furtherance of which the 
        subpoena is being issued; and
            ``(3) requiring the Inspector General who issued the 
        subpoena to pay travel and lodging expenses associated with the 
        subpoena if the interview occurs more than 25 miles from the 
        residence of the recipient of the subpoena.
    ``(f) Rule of Construction.--Nothing in this section shall be 
construed to affect the exercise by an Inspector General of any 
testimonial subpoena authority established under any other provision of 
law.''; and
                    (C) in section 8G(g)(1), by inserting ``6A,'' 
                before ``and 7''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall--
                    (A) take effect on the date that is 1 year after 
                the date of enactment of this Act; and
                    (B) only apply to audits, evaluations, or 
                investigations initiated on or after the date of 
                enactment of this Act.
    (b) Matching Program and Paperwork Reduction Act Exception for 
Inspectors General.--Section 6 of the Inspector General Act of 1978 (5 
U.S.C. App.) is amended--
            (1) by redesignating subsections (b) through (f) as 
        subsections (c) through (g), respectively; and
            (2) by adding at the end the following:
    ``(h)(1) In this subsection, the terms `agency', `matching 
program', `record', and `system of records' have the meanings given 
those terms in section 552a(a) of title 5, United States Code.
    ``(2) For purposes of section 552a of title 5, United States Code, 
or any other provision of law, a computerized comparison of 2 or more 
automated Federal systems of records, or a computerized comparison of a 
Federal system of records with other records or non-Federal records, 
performed by an Inspector General or by an agency in coordination with 
an Inspector General in conducting an audit, investigation, inspection, 
evaluation, or other review authorized under this Act shall not be 
considered a matching program.
    ``(3) Nothing in this subsection shall be construed to impede the 
exercise by an Inspector General of any matching program authority 
established under any other provision of law.
    ``(i) Subchapter I of chapter 35 of title 44, United States Code, 
shall not apply to the collection of information during the conduct of 
an audit, investigation, inspection, evaluation, or other review 
conducted by the Council of the Inspectors General on Integrity and 
Efficiency or any Office of Inspector General, including any Office of 
Special Inspector General.''.

SEC. 1704. ADDITIONAL RESPONSIBILITIES AND RESOURCES OF THE COUNCIL OF 
              THE INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY.

    Section 11 of the Inspector General Act of 1978 (5 U.S.C. App.) is 
amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)(B), by striking ``Director of 
                National Intelligence'' and inserting ``Intelligence 
                Community''; and
                    (B) by amending paragraph (3)(B)(viii) to read as 
                follows:
                            ``(viii) prepare and transmit an annual 
                        report on behalf of the Council on the 
                        activities of the Council to--
                                    ``(I) the President;
                                    ``(II) the appropriate committees 
                                of jurisdiction of the Senate and the 
                                House of Representatives;
                                    ``(III) the Committee on Homeland 
                                Security and Governmental Affairs of 
                                the Senate; and
                                    ``(IV) the Committee on Oversight 
                                and Government Reform of the House of 
                                Representatives.'';
            (2) in subsection (c)(1)--
                    (A) in subparagraph (G), by striking ``and'' at the 
                end;
                    (B) by redesignating subparagraph (H) as 
                subparagraph (I); and
                    (C) by inserting after subparagraph (G) the 
                following:
                    ``(H) except for matters coordinated among 
                Inspectors General under section 3033 of title 50, 
                United States Code, receive, review, and mediate any 
                disputes submitted in writing to the Council by an 
                Office of Inspector General regarding an audit, 
                investigation, inspection, evaluation, or project that 
                involves the jurisdiction of more than 1 Office of 
                Inspector General; and'';
            (3) in subsection (d)--
                    (A) in paragraph (2)--
                            (i) by striking subparagraph (C);
                            (ii) by redesignating subparagraphs (A), 
                        (B), and (D) as clauses (i), (ii), and (iii), 
                        respectively, and adjusting the margins 
                        accordingly;
                            (iii) in the matter preceding clause (i), 
                        as so redesignated, by striking ``The 
                        Integrity'' and inserting the following:
                    ``(A) In general.--The Integrity'';
                            (iv) in clause (i), as so redesignated, by 
                        striking ``, who'' and all that follows through 
                        ``Committee'';
                            (v) in clause (iii), as so redesignated, by 
                        inserting ``or the designee of the Director'' 
                        before the period at the end; and
                            (vi) by adding at the end the following:
                    ``(B) Chairperson.--
                            ``(i) In general.--The Integrity Committee 
                        shall elect 1 of the Inspectors General 
                        referred to in subparagraph (A)(ii) to act as 
                        Chairperson of the Integrity Committee.
                            ``(ii) Term.--The term of office of the 
                        Chairperson of the Integrity Committee shall be 
                        2 years.'';
                    (B) by amending paragraph (5) to read as follows:
            ``(5) Review of allegations.--
                    ``(A) In general.--Not later than 7 calendar days 
                after the date on which the Integrity Committee 
                receives an allegation of wrongdoing against an 
                Inspector General or against a staff member of an 
                Office of Inspector General described under paragraph 
                (4)(C), the allegation of wrongdoing shall be reviewed 
                and referred to the Department of Justice or the Office 
                of Special Counsel for investigation, or to the 
                Integrity Committee for review, as appropriate, by--
                            ``(i) a representative of the Department of 
                        Justice, as designated by the Attorney General;
                            ``(ii) a representative of the Office of 
                        Special Counsel, as designated by the Special 
                        Counsel; and
                            ``(iii) a representative of the Integrity 
                        Committee, as designated by the Chairperson of 
                        the Integrity Committee.
                    ``(B) Referral to the chairperson.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), not later than 30 calendar days 
                        after the date on which an allegation of 
                        wrongdoing is referred to the Integrity 
                        Committee under subparagraph (A), the Integrity 
                        Committee shall determine whether to refer the 
                        allegation of wrongdoing to the Chairperson of 
                        the Integrity Committee to initiate an 
                        investigation.
                            ``(ii) Extension.--The 30-day period 
                        described in clause (i) may be extended for an 
                        additional period of 15 days if the Integrity 
                        Committee provides written notice to the 
                        congressional committees described in paragraph 
                        (8)(A)(iii) that includes a detailed, case-
                        specific description of why the additional time 
                        is needed to evaluate the allegation of 
                        wrongdoing.'';
                    (C) in paragraph (6)--
                            (i) in subparagraph (A), by striking 
                        ``paragraph (5)(C)'' and inserting ``paragraph 
                        (5)(B)''; and
                            (ii) in subparagraph (B)(i), by striking 
                        ``may'' and inserting ``shall'';
                    (D) in paragraph (7)--
                            (i) in subparagraph (B)--
                                    (I) in clause (i)--
                                            (aa) in subclause (III), by 
                                        striking ``and'' at the end;
                                            (bb) in subclause (IV), by 
                                        striking the period at the end 
                                        and inserting a semicolon; and
                                            (cc) by adding at the end 
                                        the following:
                                    ``(V) except as provided in clause 
                                (ii), ensuring, to the extent possible, 
                                that investigations are conducted by 
                                Offices of Inspector General of similar 
                                size;
                                    ``(VI) creating a process for 
                                rotation of Inspectors General assigned 
                                to investigate allegations through the 
                                Integrity Committee; and
                                    ``(VII) creating procedures to 
                                avoid conflicts of interest for 
                                Integrity Committee investigations.'';
                                    (II) by redesignating clause (ii) 
                                as clause (iii); and
                                    (III) by inserting after clause (i) 
                                the following:
                            ``(ii) Exception.--The requirement under 
                        clause (i)(V) shall not apply to any Office of 
                        Inspector General with less than 50 employees 
                        who are authorized to conduct audits or 
                        investigations.'';
                            (ii) by striking subparagraph (C); and
                            (iii) by inserting after subparagraph (B) 
                        the following:
                    ``(C) Completion of investigation.--If an 
                allegation of wrongdoing is referred to the Chairperson 
                of the Integrity Committee under paragraph (5)(B), the 
                Chairperson of the Integrity Committee--
                            ``(i) shall complete the investigation not 
                        later than 150 calendar days after the date on 
                        which the Integrity Committee made the 
                        referral;
                            ``(ii) if the investigation cannot be 
                        completed within the 150-day period described 
                        in clause (i), shall--
                                    ``(I) promptly notify the 
                                congressional committees described in 
                                paragraph (8)(A)(iii); and
                                    ``(II) brief the congressional 
                                committees described in paragraph 
                                (8)(A)(iii) every 30 days regarding the 
                                status of the investigation and the 
                                general reasons for delay until the 
                                investigation is complete.
                    ``(D) Concurrent investigation.--If an allegation 
                of wrongdoing against an Inspector General or a staff 
                member of an Office of Inspector General described 
                under paragraph (4)(C) is referred to the Department of 
                Justice or the Office of Special Counsel under 
                paragraph (5)(A), the Chairperson of the Integrity 
                Committee may conduct any related investigation 
                referred to the Chairperson under paragraph (5)(B) 
                concurrently with the Department of Justice or the 
                Office of Special Counsel, as applicable.
                    ``(E) Reports.--
                            ``(i) Integrity committee investigations.--
                        For each investigation of an allegation of 
                        wrongdoing referred to the Chairperson of the 
                        Integrity Committee under paragraph (5)(B), the 
                        Chairperson of the Integrity Committee shall 
                        submit to members of the Integrity Committee 
                        and to the Chairperson of the Council a report 
                        containing the results of the investigation.
                            ``(ii) Other investigations.--For each 
                        allegation of wrongdoing referred to the 
                        Department of Justice or the Office of Special 
                        Counsel under paragraph (5)(A), the Attorney 
                        General or the Special Counsel, as applicable, 
                        shall submit to the Integrity Committee a 
                        report containing the results of the 
                        investigation.
                            ``(iii) Availability to congress.--
                                    ``(I) In general.--The 
                                congressional committees described in 
                                paragraph (8)(A)(iii) shall have access 
                                to any report authored by the Integrity 
                                Committee.
                                    ``(II) Members of congress.--
                                Subject to any other provision of law 
                                that would otherwise prohibit 
                                disclosure of such information, the 
                                Integrity Committee may provide any 
                                report authored by the Integrity 
                                Committee to any Member of Congress.'';
                    (E) by striking paragraph (8)(A)(iii) and inserting 
                the following:
                            ``(iii) submit the report, with the 
                        recommendations of the Integrity Committee, to 
                        the Committee on Homeland Security and 
                        Governmental Affairs of the Senate, the 
                        Committee on Oversight and Government Reform of 
                        the House of Representatives, and other 
                        congressional committees of jurisdiction; and
                            ``(iv) following the submission of the 
                        report under clause (iii) and upon request by 
                        any Member of Congress, submit the report, with 
                        the recommendations of the Integrity Committee, 
                        to that Member.'';
                    (F) in paragraph (9)(B), by striking ``other 
                agencies'' and inserting ``the Department of Justice or 
                the Office of Special Counsel'';
                    (G) in paragraph (10), by striking ``any of the 
                following'' and all that follows through the period at 
                the end and inserting ``any Member of Congress.''; and
                    (H) by adding at the end the following:
            ``(12) Allegations of wrongdoing against special counsel or 
        deputy special counsel.--
                    ``(A) Special counsel defined.--In this paragraph, 
                the term `Special Counsel' means the Special Counsel 
                appointed under section 1211(b) of title 5, United 
                States Code.
                    ``(B) Authority of integrity committee.--
                            ``(i) In general.--An allegation of 
                        wrongdoing against the Special Counsel or the 
                        Deputy Special Counsel may be received, 
                        reviewed, and referred for investigation to the 
                        same extent and in the same manner as in the 
                        case of an allegation against an Inspector 
                        General or against a staff member of an Office 
                        of Inspector General described under paragraph 
                        (4)(C), subject to the requirement that the 
                        representative designated by the Special 
                        Counsel under paragraph (5)(A)(ii) shall recuse 
                        himself or herself from the consideration of 
                        any allegation brought under this paragraph.
                            ``(ii) Coordination with existing 
                        provisions of law.--This paragraph shall not 
                        eliminate access to the Merit Systems 
                        Protection Board for review under section 7701 
                        of title 5, United States Code. To the extent 
                        that an allegation brought under this paragraph 
                        involves section 2302(b)(8) of such title, a 
                        failure to obtain corrective action within 120 
                        days after the date on which the allegation is 
                        received by the Integrity Committee shall, for 
                        purposes of section 1221 of such title, be 
                        considered to satisfy section 1214(a)(3)(B) of 
                        such title.
                    ``(C) Regulations.--The Integrity Committee may 
                prescribe any rules or regulations necessary to carry 
                out this paragraph, subject to such consultation or 
                other requirements as may otherwise apply.
            ``(13) Committee records.--The Chairperson of the Council 
        shall maintain the records of the Integrity Committee.''; and
            (4) by adding at the end the following:
    ``(e) Authorization of Appropriations for Council.--For the 
purposes of carrying out this section, there are authorized to be 
appropriated into the revolving fund described in subsection (c)(3)(B), 
out of any money in the Treasury not otherwise appropriated, the 
following sums:
            ``(1) $7,800,000 for fiscal year 2017.
            ``(2) $8,100,000 for fiscal year 2018.
            ``(3) $8,500,000 for fiscal year 2019.
            ``(4) $8,900,000 for fiscal year 2020.
            ``(5) $9,300,000 for fiscal year 2021.''.

SEC. 1705. REPORTS AND ADDITIONAL INFORMATION.

    (a) Report on Vacancies in the Offices of Inspector General.--The 
Comptroller General of the United States shall--
            (1) conduct a study of prolonged vacancies in the Offices 
        of Inspector General during which a temporary appointee has 
        served as the head of the office that includes--
                    (A) the number and duration of Inspector General 
                vacancies;
                    (B) an examination of the extent to which the 
                number and duration of such vacancies has changed over 
                time;
                    (C) an evaluation of the impact such vacancies have 
                had on the ability of the relevant Office of Inspector 
                General to effectively carry out statutory 
                requirements; and
                    (D) recommendations to minimize the duration of 
                such vacancies;
            (2) not later than 9 months after the date of enactment of 
        this Act, present a briefing on the findings of the study 
        conducted under paragraph (1) to--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (B) the Committee on Oversight and Government 
                Reform of the House of Representatives; and
            (3) not later than 15 months after the date of enactment of 
        this Act, submit a report on the findings of the study 
        conducted under paragraph (1) to the committees described in 
        paragraph (2).
    (b) Report on Issues Involving Multiple Offices of Inspector 
General.--The Council of the Inspectors General on Integrity and 
Efficiency shall--
            (1) conduct an analysis of critical issues that involve the 
        jurisdiction of more than 1 individual Federal agency or entity 
        to identify--
                    (A) each such issue that could be better addressed 
                through greater coordination among, and cooperation 
                between, individual Offices of Inspector General;
                    (B) the best practices that can be employed by the 
                Offices of Inspector General to increase coordination 
                and cooperation on each issue identified; and
                    (C) any recommended statutory changes that would 
                facilitate coordination and cooperation among the 
                Offices of Inspector General on critical issues; and
            (2) not later than 1 year after the date of enactment of 
        this Act, submit a report on the findings of the analysis 
        described in paragraph (1) to--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (B) the Committee on Oversight and Government 
                Reform of the House of Representatives.
    (c) Additional Information.--Section 5 of the Inspector General Act 
of 1978 (5 U.S.C. App) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (10)--
                            (i) by striking ``period for which'' and 
                        inserting ``period--
                    ``(A) for which''; and
                            (ii) by adding at the end the following:
                    ``(B) for which no establishment comment was 
                returned within 60 days of providing the report to the 
                establishment; and
                    ``(C) for which there are any outstanding 
                unimplemented recommendations, including the aggregate 
                potential cost savings of those recommendations.'';
                    (B) in paragraph (15), by striking ``and'' at the 
                end;
                    (C) in paragraph (16), by striking the period at 
                the end and inserting a semicolon; and
                    (D) by adding at the end the following:
            ``(17) a report on each investigation conducted by the 
        Office involving general or flag officers or employees of the 
        establishment serving in a position classified at or above GS-
        15 of the General Schedule or an equivalent position where 
        allegations of misconduct were substantiated, including a 
        detailed description of--
                    ``(A) the facts and circumstances of the 
                investigation; and
                    ``(B) the status and disposition of the matter, 
                including--
                            ``(i) if the matter was referred to the 
                        Department of Justice, the date of the 
                        referral; and
                            ``(ii) if the Department of Justice 
                        declined the referral, the date of the 
                        declination;
            ``(18) a detailed description of any instance of 
        whistleblower retaliation, including information about the 
        official found to have engaged in retaliation and what, if any, 
        consequences the establishment imposed to hold that official 
        accountable;
            ``(19) a detailed description of any attempt by the 
        establishment to interfere with the independence of the Office, 
        including--
                    ``(A) with communication between the Office and 
                Congress;
                    ``(B) with budget constraints designed to limit the 
                capabilities of the Office; and
                    ``(C) incidents where the establishment has 
                resisted or objected to oversight activities of the 
                Office or restricted or significantly delayed access to 
                information, including the justification of the 
                establishment for such action; and
            ``(20) detailed descriptions of the particular 
        circumstances of each--
                    ``(A) inspection, evaluation, and audit conducted 
                by the Office that is closed and was not disclosed to 
                the public; and
                    ``(B) investigation conducted by the Office 
                involving general or flag officers or employees of the 
                establishment serving in a position classified at or 
                above GS-15 of the General Schedule or an equivalent 
                position that is closed and was not disclosed to the 
                public.''; and
            (2) in subsection (e), by adding at the end the following:
    ``(4) Subject to any other provision of law that would otherwise 
prohibit disclosure of such information, the information described in 
paragraph (1) may be provided to any Member of Congress upon request.
    ``(5) An Office may not provide to Congress or the public any 
information that reveals the personally identifiable information of a 
whistleblower under this section unless the Office first obtains the 
consent of the whistleblower.''.
    (d) Duty to Submit and Make Available to the Public Certain Work 
Products.--Section 4 of the Inspector General Act of 1978 (5 U.S.C. 
App.) is amended by adding at the end the following:
    ``(e)(1) Whenever an Inspector General, in carrying out the duties 
and responsibilities established under this Act, issues a work product 
that makes a recommendation or otherwise suggests corrective action, 
the Inspector General--
            ``(A) shall submit the work product to--
                    ``(i) the head of the establishment;
                    ``(ii) the congressional committees of 
                jurisdiction; and
                    ``(iii) if the work product was initiated upon 
                request by an individual or entity other than the 
                Inspector General, that individual or entity;
            ``(B) may submit the work product to any Member of Congress 
        upon request; and
            ``(C) not later than 3 days after the work product is 
        submitted in final form to the head of the establishment, post 
        the work product on the website of the Office of Inspector 
        General.
    ``(2) Nothing in this subsection shall be construed to authorize 
the public disclosure of information that is specifically prohibited 
from disclosure by any other provision of law.''.
    (e) Posting of Reports on Websites of Offices of Inspectors 
General.--Section 8M(b) of the Inspector General Act of 1978 (5 U.S.C. 
App.) is amended--
            (1) in paragraph (1)(A), by striking ``is made publicly 
        available'' and inserting ``is submitted in final form to the 
        head of the Federal agency or the head of the designated 
        Federal entity, as applicable''; and
            (2) by adding at the end the following:
            ``(3) Rule of construction.--Nothing in this subsection 
        shall be construed to authorize the public disclosure of 
        information that is prohibited from disclosure by any other 
        provision of law.''.

SEC. 1706. FULL AND PROMPT ACCESS TO ALL DOCUMENTS.

    Section 6 of the Inspector General Act of 1978 (5 U.S.C. App.), as 
amended by section 1703(b) of this Act, is further amended--
            (1) in subsection (a), by striking paragraph (1) and 
        inserting the following:
            ``(1)(A) to have timely access to all records, reports, 
        audits, reviews, documents, papers, recommendations, or other 
        materials available to the applicable establishment which 
        relate to the programs and operations with respect to which 
        that Inspector General has responsibilities under this Act; and
            ``(B) to have access under subparagraph (A) notwithstanding 
        any other provision of law, except pursuant to any provision of 
        law enacted by Congress that expressly--
                    ``(i) refers to the Inspector General; and
                    ``(ii) limits the right of access of the Inspector 
                General;''; and
            (2) by inserting after subsection (a) the following:
    ``(b) Each Inspector General shall ensure compliance with statutory 
limitations on disclosure relevant to any information provided by the 
applicable establishment under subsection (a).''.

SEC. 1707. ACCESS TO INFORMATION FOR CERTAIN INSPECTORS GENERAL.

    The Inspector General Act of 1978 (5 U.S.C. App.), as amended by 
this part, is amended--
            (1) in section 8(b)(2)--
                    (A) by inserting ``from accessing information 
                described in paragraph (1),'' after ``completing any 
                audit or investigation,''; and
                    (B) by inserting ``, access such information,'' 
                after ``complete such audit or investigation'';
            (2) in section 8D(a)(2)--
                    (A) by inserting ``from accessing information 
                described in paragraph (1),'' after ``completing any 
                audit or investigation,''; and
                    (B) by inserting ``, access such information,'' 
                after ``complete such audit or investigation'';
            (3) in section 8E(a)(2)--
                    (A) by inserting ``from accessing information 
                described in paragraph (1),'' after ``completing any 
                audit or investigation,''; and
                    (B) by inserting ``, access such information,'' 
                after ``complete such audit or investigation'';
            (4) in section 8G(d)(2)(A), by inserting ``, or from 
        accessing information available to an element of the 
        intelligence community specified in subparagraph (D),'' after 
        ``investigation'';
            (5) in section 8I(a)(2)--
                    (A) by inserting ``from accessing information 
                described in paragraph (1),'' after ``completing any 
                audit or investigation,''; and
                    (B) by inserting ``, access such information,'' 
                after ``complete such audit or investigation'';
            (6) in section 8J, by striking ``or 8H'' and inserting 
        ``8H, or 8N''; and
            (7) by inserting after section 8M the following:

``SEC. 8N. ADDITIONAL PROVISIONS WITH RESPECT TO THE DEPARTMENT OF 
              ENERGY.

    ``(a) The Secretary of Energy may prohibit the Inspector General of 
the Department of Energy from accessing Restricted Data and nuclear 
safeguards information protected from disclosure under chapter 12 of 
the Atomic Energy Act of 1954 (42 U.S.C. 2161 et seq.) and intelligence 
or counterintelligence, as defined in section 3 of the National 
Security Act of 1947 (50 U.S.C. 3003), if the Secretary of Energy 
determines that the prohibition is necessary to protect the national 
security or prevent the significant impairment to the national security 
interests of the United States.
    ``(b) Not later than 7 days after the date on which the Secretary 
of Energy exercises any power authorized under subsection (a), the 
Secretary shall notify the Inspector General of the Department of 
Energy in writing the reasons for such exercise. Within 30 days after 
receipt of any such notice, the Inspector General of the Department of 
Energy shall submit to the appropriate committees of Congress a 
statement concerning such exercise.''.

SEC. 1708. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Repeals.--
            (1) Inspector general act of 2008.--Section 7(b) of the 
        Inspector General Reform Act of 2008 (Public Law 110-409; 122 
        Stat. 4312; 5 U.S.C. 1211 note) is repealed.
            (2) Financial services and general government 
        appropriations act, 2009.--Section 744 of the Financial 
        Services and General Government Appropriations Act, 2009 
        (division D of Public Law 111-8; 123 Stat. 693) is repealed.
    (b) Agency Applicability.--
            (1) Amendments.--The Inspector General Act of 1978 (5 
        U.S.C. App.), as amended by this part, is further amended--
                    (A) in section 8M--
                            (i) in subsection (a)(1)--
                                    (I) by striking ``Each agency'' and 
                                inserting ``Each Federal agency and 
                                designated Federal entity''; and
                                    (II) by striking ``that agency'' 
                                each place that term appears and 
                                inserting ``that Federal agency or 
                                designated Federal entity'';
                            (ii) in subsection (b)--
                                    (I) in paragraph (1), by striking 
                                ``agency'' and inserting ``Federal 
                                agency and designated Federal entity''; 
                                and
                                    (II) in paragraph (2), by striking 
                                ``agency'' each place that term appears 
                                and inserting ``Federal agency and 
                                designated Federal entity''; and
                            (iii) by adding at the end the following:
    ``(c) Definitions.--In this section, the terms `designated Federal 
entity' and `head of the designated Federal entity' have the meanings 
given those terms in section 8G(a).''; and
                    (B) in section 11(c)(3)(A)(ii), by striking 
                ``department, agency, or entity of the executive 
                branch'' and inserting ``Federal agency or designated 
                Federal entity (as defined in section 8G(a))''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on the date that is 180 days after the date 
        of enactment of this Act.
    (c) Requirements for Inspectors General Websites.--Section 8M(b)(1) 
of the Inspector General Act of 1978 (5 U.S.C. App.), as amended by 
this part, is further amended--
            (1) in subparagraph (A), by striking ``report or audit (or 
        portion of any report or audit)'' and inserting ``audit report, 
        inspection report, or evaluation report (or portion of any such 
        report)''; and
            (2) by striking ``report or audit (or portion of that 
        report or audit)'' each place that term appears and inserting 
        ``report (or portion of that report)''.
    (d) Corrections.--
            (1) Executive order number.--Section 7(c)(2) of the 
        Inspector General Reform Act of 2008 (Public Law 110-409; 122 
        Stat. 4313; 31 U.S.C. 501 note) is amended by striking 
        ``12933'' and inserting ``12993''.
            (2) Punctuation and cross-references.--The Inspector 
        General Act of 1978 (5 U.S.C. App.), as amended by this part, 
        is further amended--
                    (A) in section 4(b)(2)--
                            (i) by striking ``8F(a)(2)'' each place 
                        that term appears and inserting ``8G(a)(2)''; 
                        and
                            (ii) by striking ``8F(a)(1)'' and inserting 
                        ``8G(a)(1)'';
                    (B) in section 5(a)(5), by striking ``section 
                6(b)(2)'' and inserting ``section 6(c)(2)'';
                    (C) in section 5(a)(13), by striking ``05(b)'' and 
                inserting ``804(b)'';
                    (D) in section 6(a)(4), by striking ``information, 
                as well as any tangible thing)'' and inserting 
                ``information), as well as any tangible thing'';
                    (E) in section 8A(d), by striking ``section 6(c)'' 
                and inserting ``section 6(d)''; and
                    (F) in section 8G(g)(3), by striking ``8C'' and 
                inserting ``8D''.
            (3) Spelling.--The Inspector General Act of 1978 (5 U.S.C. 
        App.), as amended by this part, is further amended--
                    (A) in section 3(a), by striking ``subpena'' and 
                inserting ``subpoena'';
                    (B) in section 6(a)(4), by striking ``subpenas'' 
                and inserting ``subpoenas'';
                    (C) in section 8D(a)--
                            (i) in paragraph (1), by striking 
                        ``subpenas'' and inserting ``subpoenas''; and
                            (ii) in paragraph (2), by striking 
                        ``subpena'' each place that term appears and 
                        inserting ``subpoena'';
                    (D) in section 8E(a)--
                            (i) in paragraph (1), by striking 
                        ``subpenas'' and inserting ``subpoenas''; and
                            (ii) in paragraph (2), by striking 
                        ``subpena'' each place that term appears and 
                        inserting ``subpoena''; and
                    (E) in section 8G(d)(1), by striking ``subpena'' 
                and inserting ``subpoena''.

             PART II--INSPECTOR GENERAL MANDATES REPORTING

SEC. 1751. SHORT TITLE.

    This part may be cited as the ``Inspector General Mandates 
Reporting Act of 2016''.

SEC. 1752. REPORTING REQUIREMENTS OF INSPECTORS GENERAL.

    (a) Definition.--In this section, the term ``reporting 
requirement'' means a report that an Office of Inspector General is 
required to complete under the Inspector General Act of 1978 (5 U.S.C. 
App.) or any other provision of law.
    (b) Report by Inspectors General to CIGIE.--Not later than 60 days 
after the date of enactment of this Act, each Office of Inspector 
General shall submit to the Council of Inspectors General on Integrity 
and Efficiency a report, which--
            (1) shall include a list of each reporting requirement for 
        the Office of Inspector General; and
            (2) may include a list of each reporting requirement that 
        the Office of Inspector General recommends should be modified 
        or repealed.
    (c) Report by CIGIE to Congress.--Not later than 60 days after the 
date on which the Council of Inspectors General on Integrity and 
Efficiency receives the reports required to be submitted under 
subsection (b), the Council shall submit to Congress a report, which--
            (1) shall include--
                    (A) a list of each reporting requirement that is 
                common to more than 1 Office of Inspector General; and
                    (B) a list, by Office of Inspector General, of each 
                reporting requirement that is unique to that Office of 
                Inspector General; and
            (2) may include recommendations for reporting requirements 
        that should be modified or repealed.
    (d) Form.--Each report submitted under this section shall be in 
unclassified form, but may include a classified annex.

     Subtitle H--Enhancements for Government Accountability Office

      PART I--GOVERNMENT ACCOUNTABILITY OFFICE MANDATES REVISIONS

SEC. 1801. SHORT TITLE.

    This part may be cited as the ``GAO Mandates Revision Act of 
2016''.

SEC. 1802. REPORTS ELIMINATED.

    (a) Single Audit Act Monitoring Responsibilities.--
            (1) In general.--Chapter 75 of title 31, United States 
        Code, is amended--
                    (A) by striking section 7506; and
                    (B) by redesignating section 7507 as section 7506.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 75 of title 31, United States Code, is 
        amended by striking the items relating to sections 7506 and 
        7507 and inserting the following:

``7506. Effective date.''.
    (b) Review of Medigap Premium Levels.--Section 111(c) of the 
Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act 
of 2000 (Appendix F; 114 Stat. 2763A-473), as enacted into law by 
section 1(a)(6) of Public Law 106-554, is repealed.
    (c) Report on Dispute Resolution Pilot Program.--Section 1105 of 
the Sandy Recovery Improvement Act of 2013 (42 U.S.C. 5189a note) is 
amended by striking subsection (d).
    (d) Biennial Survey Regarding Transportation Intelligence 
Reports.--Section 114(u) of title 49, United States Code, is amended--
            (1) in paragraph (1)(A), by striking ``subsection (t)'' and 
        inserting ``subsection (s)(4)(E)'';
            (2) by striking paragraph (7); and
            (3) by redesignating paragraphs (8) and (9) as paragraphs 
        (7) and (8), respectively.
    (e) Review and Evaluation of Guidance Relating to Post Harvest 
Processing of Raw Oysters.--Section 114 of the FDA Food Safety 
Modernization Act (21 U.S.C. 342 note)) is amended--
            (1) by striking subsection (c); and
            (2) by redesignating subsections (d) and (e) as subsections 
        (c) and (d), respectively.

SEC. 1803. REPORTS MODIFIED.

    (a) Oversight and Audits Under the Emergency Economic Stabilization 
Act of 2008.--Section 116(a)(3) of the Emergency Economic Stabilization 
Act of 2008 (12 U.S.C. 5226(a)(3)) is amended by striking ``, regularly 
and no less frequently than once every 60 days,'' and inserting 
``annually''.
    (b) GAO Study of Financial Regulations.--Section 1016B(a) of the 
Consumer Financial Protection Act of 2010 (12 U.S.C. 5496b(a)) is 
amended--
            (1) in the matter preceding paragraph (1), in the first 
        sentence--
                    (A) by striking ``Not later than the end of the 
                180-day period beginning on the date of the enactment 
                of this Act, and annually thereafter, the'' and 
                inserting ``The''; and
                    (B) by inserting ``periodically, as the Comptroller 
                General determines is appropriate,'' after ``shall'';
            (2) in paragraph (1), by striking ``, including whether 
        relevant Federal agencies are applying sound cost-benefit 
        analysis in promulgating rules;'' and inserting ``; and'';
            (3) by striking paragraph (2); and
            (4) by redesignating paragraph (3) as paragraph (2).
    (c) Reports on Conflict Minerals.--Section 1502(d) of the Dodd-
Frank Wall Street Reform and Consumer Protection Act (15 U.S.C. 78m 
note) is amended--
            (1) in paragraph (1), by striking ``until the termination 
        of the disclosure requirements under section 13(p) of the 
        Securities Exchange Act of 1934'' and inserting ``through 2020, 
        in 2022, and in 2024''; and
            (2) in paragraph (2), in the matter preceding subparagraph 
        (A), by inserting ``through 2020, in 2022, and in 2024'' after 
        ``annually thereafter''.
    (d) Update on Actions Taken by Secretary of HHS to Implement GAO 
Recommendation.--Section 632(d) of the American Taxpayer Relief Act of 
2012 (Public Law 112-240; 126 Stat. 2354) is amended in the first 
sentence by striking ``December 31, 2015'' and inserting ``December 31, 
2023''.
    (e) Review Panel.--Section 399V-4(d)(2) of the Public Health 
Service Act (42 U.S.C. 280g-15) is amended--
            (1) in subparagraph (C), by striking ``, or an individual 
        within the Government Accountability Office designated by the 
        Comptroller General, shall'' and inserting ``shall designate a 
        member of the review panel to''; and
            (2) in subparagraph (D), by striking ``Comptroller 
        General'' and inserting ``Secretary''.

     PART II--GOVERNMENT ACCOUNTABILITY OFFICE ACCESS AND OVERSIGHT

SEC. 1851. SHORT TITLE.

    This part may be cited as the``GAO Access and Oversight Act of 
2016''.

SEC. 1852. ACCESS TO CERTAIN INFORMATION.

    (a) Access to Certain Information.--Subchapter II of chapter 7 of 
title 31, United States Code, is amended by adding at the end the 
following:
``Sec. 721. Access to certain information
    ``(a) No provision of the Social Security Act, including section 
453(l) of that Act (42 U.S.C. 653(l)), shall be construed to limit, 
amend, or supersede the authority of the Comptroller General to obtain 
any information or to inspect any record under section 716 of this 
title.
    ``(b) The specific reference to a statute in subsection (a) shall 
not be construed to affect access by the Government Accountability 
Office to information under statutes that are not so referenced.''.
    (b) Agency Reports.--Section 720(b) of title 31, United States 
Code, is amended--
            (1) in the matter preceding paragraph (1), by inserting 
        ``or planned'' after ``action taken''; and
            (2) by striking paragraph (1) and inserting the following:
            ``(1) the Committee on Homeland Security and Governmental 
        Affairs of the Senate, the Committee on Oversight and 
        Government Reform of the House of Representatives, the 
        congressional committees with jurisdiction over the agency 
        program or activity that is the subject of the recommendation, 
        and the Government Accountability Office before the 61st day 
        after the date of the report; and''.
    (c) Authority To Obtain Records.--Section 716 of title 31, United 
States Code, is amended in subsection (a)--
            (1) by striking ``(a)'' and inserting ``(2)''; and
            (2) by inserting after the section heading the following:
    ``(a)(1) The Comptroller General is authorized to obtain such 
agency records as the Comptroller General requires to discharge the 
duties of the Comptroller General (including audit, evaluation, and 
investigative duties), including through the bringing of civil actions 
under this section. In reviewing a civil action under this section, the 
court shall recognize the continuing force and effect of the 
authorization in the preceding sentence until such time as the 
authorization is repealed pursuant to law.''.
    (d) Technical and Conforming Amendment.--The table of sections for 
chapter 7 of title 31, United States Code, is amended by inserting 
after the item relating to section 720 the following:

``721. Access to certain information.''.

             Subtitle I--Stopping Wasteful Federal Bonuses

SEC. 1901. SHORT TITLE.

    This subtitle may be cited as the ``Stop Wasteful Federal Bonuses 
Act of 2016''.

SEC. 1902. BONUSES.

    (a) Adverse Findings and Employees Under Investigation.--Chapter 45 
of title 5, United States Code, is amended by adding at the end the 
following:

            ``Subchapter IV--Limitations on Bonus Authority

``Sec. 4531. Certain forms of misconduct
    ``(a) Definitions.--In this section:
            ``(1) Adverse finding.--
                    ``(A) In general.--The term `adverse finding' means 
                a determination by the head of the agency employing an 
                employee that the conduct of the employee--
                            ``(i) violated a policy of the agency for 
                        which the employee may be removed or suspended 
                        for a period of not less than 14 days; or
                            ``(ii) violated a law for which the 
                        employee may be imprisoned for more than 1 
                        year.
                    ``(B) Basis.--A determination described in 
                subparagraph (A) may be based on an investigation by, 
                determination of, or information provided by the 
                Inspector General or another senior ethics official of 
                an agency or the Comptroller General of the United 
                States, as part of carrying out an activity, authority, 
                or function of the Inspector General, senior ethics 
                official, or Comptroller General, respectively, under a 
                provision of law other than this section.
            ``(2) Agency.--The term `agency' has the meaning given that 
        term under section 551.
            ``(3) Bonus.--The term `bonus' means any performance award 
        or cash award under--
                    ``(A) section 4505a;
                    ``(B) section 5384; or
                    ``(C) section 5754.
    ``(b) Prohibition.--The head of an agency shall not award a bonus 
to an employee of the agency until 5 years after the end of the fiscal 
year during which the head of an agency makes an adverse finding 
relating to the employee.
    ``(c) After Bonus Awarded.--
            ``(1) In general.--For a bonus awarded to an employee after 
        the date of enactment of this section, if the head of the 
        agency employing the employee makes an adverse finding relating 
        to the employee during the year during which the bonus is 
        awarded, the head of the agency, after notice and an 
        opportunity for a hearing, shall issue an order directing the 
        employee to repay the amount of the bonus.
            ``(2) Hearings.--A hearing under this paragraph shall be 
        conducted in accordance with regulations relating to hearings 
        promulgated by the head of the agency under chapter 75.
    ``(d) Condition of Receipt.--As a condition of receiving a bonus 
awarded after the date of enactment of this section, an employee of an 
agency shall sign a certification stating that the employee shall repay 
the bonus in accordance with a final order issued in accordance with 
subsection (c).
    ``(e) Appeal.--An employee determined to be ineligible for a bonus 
under subsection (b) or against whom an order is issued under 
subsection (c) may appeal to the Merit Systems Protection Board under 
section 7701.''.
    (b) Rulemaking.--The head of each agency (as defined under title 
551 of title 5, United States Code) may promulgate rules to carry out 
section 4531 of title 5, United States Code, as added by subsection 
(a).
    (c) Technical and Conforming Amendment.--The table of sections for 
chapter 45 of title 5, United States Code, is amended by adding at the 
end the following:

             ``subchapter iv--limitations on bonus authority

``4531. Certain forms of misconduct.''.

        Subtitle J--Eliminating Government-funded Oil-paintings

SEC. 1921. SHORT TITLE.

    This subtitle may be cited as the``Eliminating Government-funded 
Oil-painting Act'' or the ``EGO Act''.

SEC. 1922. PROHIBITION ON USE OF FUNDS FOR PORTRAITS.

    (a) Prohibition.--No funds appropriated or otherwise made available 
to the Federal Government may be used to pay for the painting of a 
portrait of an officer or employee of the Federal Government, including 
the President, the Vice President, a Member of Congress, the head of an 
executive agency, or the head of an office of the legislative branch.
    (b) Definitions.--In this section--
            (1) the term ``executive agency'' has the meaning given the 
        term in section 133 of title 41, United States Code; and
            (2) the term ``Member of Congress'' includes a Delegate or 
        Resident Commissioner to Congress.

            Subtitle K--Presidential Allowance Modernization

SEC. 1941. SHORT TITLE.

    This subtitle may be cited as the ``Presidential Allowance 
Modernization Act of 2016''.

SEC. 1942. AMENDMENTS.

    (a) Former Presidents.--The first section of the Act entitled ``An 
Act to provide retirement, clerical assistants, and free mailing 
privileges to former Presidents of the United States, and for other 
purposes'', approved August 25, 1958 (commonly known as the ``Former 
Presidents Act of 1958'') (3 U.S.C. 102 note), is amended by striking 
the matter preceding subsection (e) and inserting the following:
    ``(a) In General.--Each former President shall be entitled for the 
remainder of his or her life to receive from the United States--
            ``(1) an annuity at the rate of $200,000 per year, subject 
        to subsection (c); and
            ``(2) a monetary allowance at the rate of $200,000 per 
        year, subject to subsections (c) and (d).
    ``(b) Duration; Frequency.--
            ``(1) In general.--The annuity and allowance under 
        subsection (a) shall each--
                    ``(A) commence on the day after the date on which 
                an individual becomes a former President;
                    ``(B) terminate on the date on which the former 
                President dies; and
                    ``(C) be payable by the Secretary of the Treasury 
                on a monthly basis.
            ``(2) Appointive or elective positions.--The annuity and 
        allowance under subsection (a) shall not be payable for any 
        period during which a former President holds an appointive or 
        elective position in or under the Federal Government to which 
        is attached a rate of pay other than a nominal rate.
    ``(c) Cost-of-Living Increases.--Effective December 1 of each year, 
each annuity and allowance under subsection (a) that commenced before 
that date shall be increased by the same percentage by which benefit 
amounts under title II of the Social Security Act (42 U.S.C. 401 et 
seq.) are increased, effective as of that date, as a result of a 
determination under section 215(i) of that Act (42 U.S.C. 415(i)).
    ``(d) Limitation on Monetary Allowance.--
            ``(1) In general.--Notwithstanding any other provision of 
        this section, the monetary allowance payable under subsection 
        (a)(2) to a former President for any 12-month period--
                    ``(A) except as provided in subparagraph (B), may 
                not exceed the amount by which--
                            ``(i) the monetary allowance that (but for 
                        this subsection) would otherwise be so payable 
                        for such 12-month period, exceeds (if at all)
                            ``(ii) the applicable reduction amount for 
                        such 12-month period; and
                    ``(B) shall not be less than the amount determined 
                under paragraph (4).
            ``(2) Definition.--
                    ``(A) In general.--For purposes of paragraph (1), 
                the term `applicable reduction amount' means, with 
                respect to any former President and in connection with 
                any 12-month period, the amount by which--
                            ``(i) the sum of--
                                    ``(I) the adjusted gross income (as 
                                defined in section 62 of the Internal 
                                Revenue Code of 1986) of the former 
                                President for the most recent taxable 
                                year for which a tax return is 
                                available; and
                                    ``(II) any interest excluded from 
                                the gross income of the former 
                                President under section 103 of such 
                                Code for such taxable year, exceeds (if 
                                at all)
                            ``(ii) $400,000, subject to subparagraph 
                        (C).
                    ``(B) Joint returns.--In the case of a joint 
                return, subclauses (I) and (II) of subparagraph (A)(i) 
                shall be applied by taking into account both the 
                amounts properly allocable to the former President and 
                the amounts properly allocable to the spouse of the 
                former President.
                    ``(C) Cost-of-living increases.--The dollar amount 
                specified in subparagraph (A)(ii) shall be adjusted at 
                the same time that, and by the same percentage by 
                which, the monetary allowance of the former President 
                is increased under subsection (c) (disregarding this 
                subsection).
            ``(3) Disclosure requirement.--
                    ``(A) Definitions.--In this paragraph--
                            ``(i) the terms `return' and `return 
                        information' have the meanings given those 
                        terms in section 6103(b) of the Internal 
                        Revenue Code of 1986; and
                            ``(ii) the term `Secretary' means the 
                        Secretary of the Treasury or the Secretary of 
                        the Treasury's delegate.
                    ``(B) Requirement.--A former President may not 
                receive a monetary allowance under subsection (a)(2) 
                unless the former President discloses to the Secretary, 
                upon the request of the Secretary, any return or return 
                information of the former President or spouse of the 
                former President that the Secretary determines is 
                necessary for purposes of calculating the applicable 
                reduction amount under paragraph (2) of this 
                subsection.
                    ``(C) Confidentiality.--Except as provided in 
                section 6103 of the Internal Revenue Code of 1986 and 
                notwithstanding any other provision of law, the 
                Secretary may not, with respect to a return or return 
                information disclosed to the Secretary under 
                subparagraph (B)--
                            ``(i) disclose the return or return 
                        information to any entity or person; or
                            ``(ii) use the return or return information 
                        for any purpose other than to calculate the 
                        applicable reduction amount under paragraph 
                        (2).
            ``(4) Increased costs due to security needs.--With respect 
        to the monetary allowance that would be payable to a former 
        President under subsection (a)(2) for any 12-month period but 
        for the limitation under paragraph (1), the Administrator of 
        General Services, in coordination with the Director of the 
        United States Secret Service, shall determine the amount of the 
        allowance that is needed to pay the increased cost of doing 
        business that is attributable to the security needs of the 
        former President.''.
    (b) Surviving Spouses of Former Presidents.--
            (1) Increase in amount of monetary allowance.--Subsection 
        (e) of the first section of the Former Presidents Act of 1958 
        is amended--
                    (A) in the first sentence, by striking ``$20,000 
                per annum,'' and inserting ``$100,000 per year (subject 
                to paragraph (4)),''; and
                    (B) in the second sentence--
                            (i) in paragraph (2), by striking ``and'' 
                        at the end;
                            (ii) in paragraph (3)--
                                    (I) by striking ``or the government 
                                of the District of Columbia''; and
                                    (II) by striking the period and 
                                inserting ``; and''; and
                            (iii) by inserting after paragraph (3) the 
                        following:
            ``(4) shall, after its commencement date, be increased at 
        the same time that, and by the same percentage by which, 
        annuities of former Presidents are increased under subsection 
        (c).''.
            (2) Coverage of widower of a former president.--Subsection 
        (e) of the first section of the Former Presidents Act of 1958, 
        as amended by paragraph (1), is amended--
                    (A) by striking ``widow'' each place it appears and 
                inserting ``widow or widower''; and
                    (B) by striking ``she'' and inserting ``she or 
                he''.
    (c) Subsection Headings.--The first section of the Former 
Presidents Act of 1958 is amended--
            (1) in subsection (e), by inserting after the subsection 
        enumerator the following: ``Widows and Widowers.--'';
            (2) in subsection (f), by inserting after the subsection 
        enumerator the following: ``Definition.--''; and
            (3) in subsection (g), by inserting after the subsection 
        enumerator the following: ``Authorization of Appropriations.--
        ''.

SEC. 1943. RULE OF CONSTRUCTION.

    Nothing in this subtitle or an amendment made by this subtitle 
shall be construed to affect--
            (1) any provision of law relating to the security or 
        protection of a former President or a member of the family of a 
        former President; or
            (2) funding, under the Former Presidents Act of 1958 or any 
        other law, to carry out any provision of law described in 
        paragraph (1).

SEC. 1944. TRANSITION RULES.

    (a) Former Presidents.--In the case of any individual who is a 
former President on the date of enactment of this Act, the amendment 
made by section 1942(a) shall be applied as if the commencement date 
referred in subsection (b)(1)(A) of the first section of the Former 
Presidents Act of 1958, as amended by section 1942(a), coincided with 
such date of enactment.
    (b) Widows.--In the case of any individual who is the widow of a 
former President on the date of enactment of this Act, the amendments 
made by section 1942(b)(1) shall be applied as if the commencement date 
referred to in subsection (e)(1) of the first section of the Former 
Presidents Act of 1958, as amended by section 1942(b)(1), coincided 
with such date of enactment.

SEC. 1945. APPLICABILITY.

    For a former President receiving a monetary allowance under the 
Former Presidents Act of 1958 on the day before the date of enactment 
of this Act, the limitation under subsection (d)(1) of the first 
section of that Act, as amended by section 1942(a), shall apply to the 
monetary allowance of the former President, except to the extent that 
the application of the limitation would prevent the former President 
from being able to pay the cost of a lease or other contract that is in 
effect on the day before the date of enactment of this Act and under 
which the former President makes payments using the monetary allowance, 
as determined by the Administrator of General Services.

          Subtitle L--Making Electronic Government Accountable

SEC. 1961. SHORT TITLE.

    This subtitle may be cited as the ``Making Electronic Government 
Accountable By Yielding Tangible Efficiencies Act of 2016'' or the 
``MEGABYTE Act of 2016''.

SEC. 1962. OMB DIRECTIVE ON MANAGEMENT OF SOFTWARE LICENSES.

    (a) Definitions.--In this section--
            (1) the term ``Director'' means the Director of the Office 
        of Management and Budget; and
            (2) the term ``Executive agency'' has the meaning given 
        that term in section 105 of title 5, United States Code.
    (b) OMB Directive.--The Director shall issue a directive to require 
the Chief Information Officer of each Executive agency to develop a 
comprehensive software licensing policy, which shall--
            (1) identify clear roles, responsibilities, and central 
        oversight authority within the Executive agency for managing 
        enterprise software license agreements and commercial software 
        licenses; and
            (2) require the Chief Information Officer of each Executive 
        agency to--
                    (A) establish a comprehensive inventory, including 
                80 percent of software license spending and enterprise 
                licenses in the Executive agency, by identifying and 
                collecting information about software license 
                agreements using automated discovery and inventory 
                tools;
                    (B) regularly track and maintain software licenses 
                to assist the Executive agency in implementing 
                decisions throughout the software license management 
                life cycle;
                    (C) analyze software usage and other data to make 
                cost-effective decisions;
                    (D) provide training relevant to software license 
                management;
                    (E) establish goals and objectives of the software 
                license management program of the Executive agency; and
                    (F) consider the software license management life 
                cycle phases, including the requisition, reception, 
                deployment and maintenance, retirement, and disposal 
                phases, to implement effective decision-making and 
                incorporate existing standards, processes, and metrics.
    (c) Report on Software License Management.--
            (1) In general.--Beginning in the first fiscal year 
        beginning after the date of enactment of this Act, and in each 
        of the following 5 fiscal years, the Chief Information Officer 
        of each Executive agency shall submit to the Director a report 
        on the financial savings or avoidance of spending that resulted 
        from improved software license management.
            (2) Availability.--The Director shall make each report 
        submitted under paragraph (1) publically available.

       Subtitle M--Construction Consensus Procurement Improvement

SEC. 1981. SHORT TITLE.

    This subtitle may be cited as the ``Construction Consensus 
Procurement Improvement Act of 2016''.

SEC. 1982. CONGRESSIONAL FINDINGS.

    Congress makes the following findings:
            (1) The acquisition procedures that are often used 
        effectively to procure products and other forms of services are 
        not always appropriate for procurement of design and 
        construction services.
            (2) Federal procurement officials often adopt contracting 
        techniques from the private sector and have used those 
        techniques effectively to procure products and services.
            (3) Design-build is a procurement technique Federal 
        officials have adopted from the private sector that has worked 
        well for procurement of design and construction services.
            (4) The current statutory framework for design-build could 
        benefit from legislative refinement.
            (5) Reverse auctions are another procurement technique 
        Federal officials have adopted from the private sector and used 
        successfully to award contracts for the purchase of products 
        that are commercially equivalent to commodities.
            (6) Despite their success in other contexts, reverse 
        auctions are generally inappropriate for procurement of design 
        and construction services, given the unique nature of each such 
        project.

SEC. 1983. DESIGN-BUILD CONSTRUCTION PROCESS IMPROVEMENT.

    (a) Civilian Contracts.--
            (1) In general.--Section 3309(b) of title 41, United States 
        Code, is amended to read as follows:
    ``(b) Criteria for Use.--
            ``(1) Contracts with a value of at least $750,000.--Two-
        phase selection procedures shall be used for entering into a 
        contract for the design and construction of a public building, 
        facility, or work when a contracting officer determines that 
        the project has a value of $750,000 or greater, as adjusted for 
        inflation in accordance with section 1908 of this title.
            ``(2) Contracts with a value less than $750,000.--For 
        projects that a contracting officer determines have a value of 
        less than $750,000, the contracting officer shall make a 
        determination whether two-phase selection procedures are 
        appropriate for use for entering into a contract for the design 
        and construction of a public building, facility, or work when--
                    ``(A) the contracting officer anticipates that 3 or 
                more offers will be received for the contract;
                    ``(B) design work must be performed before an 
                offeror can develop a price or cost proposal for the 
                contract;
                    ``(C) the offeror will incur a substantial amount 
                of expense in preparing the offer; and
                    ``(D) the contracting officer has considered 
                information such as--
                            ``(i) the extent to which the project 
                        requirements have been adequately defined;
                            ``(ii) the time constraints for delivery of 
                        the project;
                            ``(iii) the capability and experience of 
                        potential contractors;
                            ``(iv) the suitability of the project for 
                        use of the two-phase selection procedures;
                            ``(v) the capability of the agency to 
                        manage the two-phase selection process; and
                            ``(vi) other criteria established by the 
                        agency.''.
            (2) Annual reports.--
                    (A) In general.--Not later than November 30 of 
                2017, 2018, 2019, 2020, and 2021, the head of each 
                agency shall compile an annual report of each instance 
                in which the agency awarded a design-build contract 
                pursuant to section 3309 of title 41, United States 
                Code, during the fiscal year ending in such calendar 
                year, in which--
                            (i) more than 5 finalists were selected for 
                        phase-two requests for proposals; or
                            (ii) the contract or order was awarded 
                        without using two-phase selection procedures.
                    (B) Public availability.--The Director of the 
                Office of Management and Budget shall facilitate public 
                access to the reports, including by posting them on a 
                publicly available Internet website. A notice of the 
                availability of each report shall be published in the 
                Federal Register.
    (b) GAO Reports.--Not later than 270 days after the deadline for 
the final reports required under subsection (f) of section 3309 of 
title 41, United States Code, as added by subsection (a)(1), the 
Comptroller General of the United States shall issue a report analyzing 
the compliance of the various Federal agencies with the requirements of 
such section.

SEC. 1984. PROHIBITION ON THE USE OF A REVERSE AUCTION FOR THE AWARD OF 
              A CONTRACT FOR DESIGN AND CONSTRUCTION SERVICES.

    (a) Finding.--Congress finds that, in contrast to a traditional 
auction in which the buyers bid up the price, sellers bid down the 
price in a reverse auction.
    (b) Prohibition.--Not later than 180 days after the date of the 
enactment of this Act, the Federal Acquisition Regulatory Council, in 
consultation with the Administrator for Federal Procurement Policy, 
shall amend the Federal Acquisition Regulation to prohibit the use of 
reverse auctions as part of the two-phase selection procedure for 
awarding contracts for construction and design services.
    (c) Definitions.--For purposes of this section--
            (1) the term ``design and construction services'' means--
                    (A) site planning and landscape design;
                    (B) architectural and engineering services 
                (including surveying and mapping defined in section 
                1101 of title 40, United States Code);
                    (C) interior design;
                    (D) performance of substantial construction work 
                for facility, infrastructure, and environmental 
                restoration projects;
                    (E) delivery and supply of construction materials 
                to construction sites; or
                    (F) construction or substantial alteration of 
                public buildings or public works; and
            (2) the term ``reverse auction'' means, with respect to 
        procurement by an agency--
                    (A) a real-time auction conducted through an 
                electronic medium among 2 or more offerors who compete 
                by submitting bids for a supply or service contract 
                with the ability to submit revised lower bids at any 
                time before the closing of the auction; and
                    (B) the award of the contract, delivery order, task 
                order, or purchase order to the offeror, in whole or in 
                part, based on the price obtained through the auction 
                process.

                 TITLE II--ACCOUNTABILITY ENHANCEMENTS

      Subtitle A--Expanded Whistleblower Protections for Employees

SEC. 2101. SHORT TITLE.

    This subtitle may be cited as the ``Dr. Chris Kirkpatrick 
Whistleblower Protection Act of 2016''.

                      PART I--EMPLOYEES GENERALLY

SEC. 2121. DEFINITIONS.

    In this part--
            (1) the terms ``agency'' and ``personnel action'' have the 
        meanings given such terms under section 2302 of title 5, United 
        States Code; and
            (2) the term ``employee'' means an employee (as defined in 
        section 2105 of title 5, United States Code) of an agency.

SEC. 2122. STAYS; PROBATIONARY EMPLOYEES.

    (a) Request by Special Counsel.--Section 1214(b)(1) of title 5, 
United States Code, is amended by adding at the end the following:
    ``(E) If the Merit Systems Protections Board grants a stay under 
this subsection, the head of the agency employing the employee shall 
give priority to a request for a transfer submitted by the employee.''.
    (b) Individual Right of Action for Probationary Employees.--Section 
1221 of title 5, United States Code, is amended by adding at the end 
the following:
    ``(k) If the Merit Systems Protection Board grants a stay to an 
employee in probationary status under subsection (c), the head of the 
agency employing the employee shall give priority to a request for a 
transfer submitted by the employee.''.
    (c) Study Regarding Retaliation Against Probationary Employees.--
The Comptroller General of the United States shall submit to the 
Committee on Homeland Security and Governmental Affairs of the Senate 
and the Committee on Oversight and Government Reform of the House of 
Representatives a report discussing retaliation against employees in 
probationary status.

SEC. 2123. ADEQUATE ACCESS OF SPECIAL COUNSEL TO INFORMATION.

    Section 1212(b) of title 5, United States Code, is amended by 
adding at the end the following:
    ``(5) The Special Counsel, in carrying out this subchapter, is 
authorized to--
            ``(A) have access to all records, reports, audits, reviews, 
        documents, papers, recommendations, or other material available 
        to the applicable agency which relate to a matter within the 
        jurisdiction or authority of the Special Counsel; and
            ``(B) request from any agency such information or 
        assistance as may be necessary for carrying out the duties and 
        responsibilities of the Special Counsel under this 
        subchapter.''.

SEC. 2124. PROHIBITED PERSONNEL PRACTICES.

    Section 2302(b) of title 5, United States Code, is amended--
            (1) in paragraph (12), by striking ``or'' at the end;
            (2) in paragraph (13), by striking the period at the end 
        and inserting ``; or''; and
            (3) by inserting after paragraph (13) the following:
            ``(14) access the medical record of another employee for 
        the purpose of retaliation for a disclosure or activity 
        protected under paragraph (8) or (9).''.

SEC. 2125. DISCIPLINE OF SUPERVISORS BASED ON RETALIATION AGAINST 
              WHISTLEBLOWERS.

    (a) In General.--Subchapter II of chapter 75 of title 5, United 
States Code, is amended by adding at the end the following:
``Sec. 7515. Discipline of supervisors based on retaliation against 
              whistleblowers
    ``(a) Definitions.--In this section--
            ``(1) the term `agency' has the meaning given that term 
        under section 2302;
            ``(2) the term `prohibited personnel action' means taking 
        or failing to take an action in violation of paragraph (8), 
        (9), or (14) of section 2302(b) against an employee of an 
        agency; and
            ``(3) the term `supervisor' means a supervisor, as defined 
        under section 7103(a), who is employed by an agency, as defined 
        under paragraph (1) of this subsection.
    ``(b) Proposed Adverse Actions.--
            ``(1) In general.--In accordance with paragraph (2), the 
        head of an agency shall propose against a supervisor whom the 
        head of that agency, an administrative law judge, the Merit 
        Systems Protection Board, the Office of Special Counsel, an 
        adjudicating body provided under a union contract, a Federal 
        judge, or the Inspector General of the agency determines 
        committed a prohibited personnel action the following adverse 
        actions:
                    ``(A) With respect to the first prohibited 
                personnel action, an adverse action that is not less 
                than a 12-day suspension.
                    ``(B) With respect to the second prohibited 
                personnel action, removal.
            ``(2) Procedures.--
                    ``(A) Notice.--A supervisor against whom an adverse 
                action under paragraph (1) is proposed is entitled to 
                written notice.
                    ``(B) Answer and evidence.--
                            ``(i) In general.--A supervisor who is 
                        notified under subparagraph (A) that the 
                        supervisor is the subject of a proposed adverse 
                        action under paragraph (1) is entitled to 14 
                        days following such notification to answer and 
                        furnish evidence in support of the answer.
                            ``(ii) No evidence.--After the end of the 
                        14-day period described in clause (i), if a 
                        supervisor does not furnish evidence as 
                        described in clause (i) or if the head of the 
                        agency determines that such evidence is not 
                        sufficient to reverse the proposed adverse 
                        action, the head of the agency shall carry out 
                        the adverse action.
                    ``(C) Scope of procedures.--Paragraphs (1) and (2) 
                of subsection (b) of section 7513, subsection (c) of 
                such section, paragraphs (1) and (2) of subsection (b) 
                of section 7543, and subsection (c) of such section 
                shall not apply with respect to an adverse action 
                carried out under this subsection.
    ``(c) No Limitation on Other Adverse Actions.--With respect to a 
prohibited personnel action, if the head of the agency carries out an 
adverse action against a supervisor under another provision of law, the 
head of the agency may carry out an additional adverse action under 
this section based on the same prohibited personnel action.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
subchapter II of chapter 75 of title 5, United States Code, is amended 
by adding at the end the following:

``7515. Discipline of supervisors based on retaliation against 
                            whistleblowers.''.

SEC. 2126. SUICIDE BY EMPLOYEES.

    (a) Referral.--The head of an agency shall refer to the Office of 
Special Counsel, along with any information known to the agency 
regarding the circumstances described in paragraphs (2) and (3), any 
instance in which the head of the agency has information indicating--
            (1) an employee of the agency committed suicide;
            (2) prior to the death of the employee, the employee made 
        any disclosure of information which reasonably evidences--
                    (A) any violation of any law, rule, or regulation; 
                or
                    (B) gross mismanagement, a gross waste of funds, an 
                abuse of authority, or a substantial and specific 
                danger to public health or safety; and
            (3) after a disclosure described in paragraph (2), a 
        personnel action was taken against the employee.
    (b) Office of Special Counsel Review.--For any referral to the 
Office of Special Counsel under subsection (a), the Office of Special 
Counsel shall--
            (1) examine whether any personnel action was taken because 
        of any disclosure of information described in subsection 
        (a)(2); and
            (2) take any action the Office of Special Counsel 
        determines appropriate under subchapter II of chapter 12 of 
        title 5, United States Code.

SEC. 2127. TRAINING FOR SUPERVISORS.

    In consultation with the Office of Special Counsel and the 
Inspector General of the agency (or senior ethics official of the 
agency for an agency without an Inspector General), the head of each 
agency shall provide training regarding how to respond to complaints 
alleging a violation of whistleblower protections (as defined in 
section 2307 of title 5, United States Code, as added by section 2128) 
available to employees of the agency--
            (1) to employees appointed to supervisory positions in the 
        agency who have not previously served as a supervisor; and
            (2) on an annual basis, to all employees of the agency 
        serving in a supervisory position.

SEC. 2128. INFORMATION ON WHISTLEBLOWER PROTECTIONS.

    (a) Existing Provision.--
            (1) In general.--Section 2302 of title 5, United States 
        Code, is amended--
                    (A) by striking subsection (c); and
                    (B) by redesignating subsections (d), (e), and (f) 
                as subsections (c), (d), and (e), respectively.
            (2) Technical and conforming amendments.--
                    (A) Section 4505a(b)(2) of title 5, United States 
                Code, is amended by striking ``section 2302(d)'' and 
                inserting ``section 2302(c)''.
                    (B) Section 5755(b)(2) of title 5, United States 
                Code, is amended by striking ``section 2302(d)'' and 
                inserting ``section 2302(c)''.
                    (C) Section 110(b)(2) of the Whistleblower 
                Protection Enhancement Act of 2012 (5 U.S.C. 2302 note) 
                is amended by striking ``section 2303(f)(1) or (2)'' 
                and inserting ``section 2303(e)(1) or (2)''.
                    (D) Section 704 of the Homeland Security Act of 
                2002 (6 U.S.C. 344) is amended by striking ``2302(c)'' 
                each place it appears and inserting ``2307''.
                    (E) Section 1217(d)(3) of the Panama Canal Act of 
                1979 (22 U.S.C. 3657(d)(3)) is amended by striking 
                ``section 2302(d)'' and inserting ``section 2302(c)''.
                    (F) Section 1233(b) of the Panama Canal Act of 1979 
                (22 U.S.C. 3673(b)) is amended by striking ``section 
                2302(d)'' and inserting ``section 2302(c)''.
    (b) Provision of Information.--Chapter 23 of title 5, United States 
Code, is amended by adding at the end the following:
``Sec. 2307. Information on whistleblower protections
    ``(a) Definitions.--In this section--
            ``(1) the term `agency' has the meaning given that term in 
        section 2302;
            ``(2) the term `new employee' means an individual--
                    ``(A) appointed to a position as an employee of an 
                agency on or after the date of enactment of the Dr. 
                Chris Kirkpatrick Whistleblower Protection Act of 2016; 
                and
                    ``(B) who has not previously served as an employee; 
                and
            ``(3) the term `whistleblower protections' means the 
        protections against and remedies for a prohibited personnel 
        practice described in paragraph (8), subparagraph (A)(i), (B), 
        (C), or (D) of paragraph (9), or paragraph (14) of section 
        2302(b).
    ``(b) Responsibilities of Head of Agency.--The head of each agency 
shall be responsible for the prevention of prohibited personnel 
practices, for the compliance with and enforcement of applicable civil 
service laws, rules, and regulations, and other aspects of personnel 
management, and for ensuring (in consultation with the Special Counsel 
and the Inspector General of the agency) that employees of the agency 
are informed of the rights and remedies available to them under this 
chapter and chapter 12, including--
            ``(1) information regarding whistleblower protections 
        available to new employees during the probationary period;
            ``(2) the role of the Office of Special Counsel and the 
        Merit Systems Protection Board with regard to whistleblower 
        protections; and
            ``(3) how to make a lawful disclosure of information that 
        is specifically required by law or Executive order to be kept 
        classified in the interest of national defense or the conduct 
        of foreign affairs to the Special Counsel, the Inspector 
        General of an agency, Congress, or other agency employee 
        designated to receive such disclosures.
    ``(c) Timing.--The head of each agency shall ensure that the 
information required to be provided under subsection (b) is provided to 
each new employee of the agency not later than 6 months after the date 
the new employee is appointed.
    ``(d) Information Online.--The head of each agency shall make 
available information regarding whistleblower protections applicable to 
employees of the agency on the public website of the agency, and on any 
online portal that is made available only to employees of the agency if 
one exists.
    ``(e) Delegees.--Any employee to whom the head of an agency 
delegates authority for personnel management, or for any aspect 
thereof, shall, within the limits of the scope of the delegation, be 
responsible for the activities described in subsection (b).''.
    (c) Technical and Conforming Amendment.--The table of sections for 
chapter 23 of title 5, United States Code, is amended by adding at the 
end the following:

``2307. Information on whistleblower protections.''.

           PART II--DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES

SEC. 2141. PREVENTION OF UNAUTHORIZED ACCESS TO MEDICAL RECORDS OF 
              EMPLOYEES OF THE DEPARTMENT OF VETERANS AFFAIRS.

    (a) Development of Plan.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Veterans Affairs 
        shall--
                    (A) develop a plan to prevent access to the medical 
                records of employees of the Department of Veterans 
                Affairs by employees of the Department who are not 
                authorized to access such records;
                    (B) submit to the appropriate committees of 
                Congress the plan developed under subparagraph (A); and
                    (C) upon request, provide a briefing to the 
                appropriate committees of Congress with respect to the 
                plan developed under subparagraph (A).
            (2) Elements.--The plan required under paragraph (1) shall 
        include the following:
                    (A) A detailed assessment of strategic goals of the 
                Department for the prevention of unauthorized access to 
                the medical records of employees of the Department.
                    (B) A list of circumstances in which an employee of 
                the Department who is not a health care provider or an 
                assistant to a health care provider would be authorized 
                to access the medical records of another employee of 
                the Department.
                    (C) Steps that the Secretary will take to acquire 
                new or implement existing technology to prevent an 
                employee of the Department from accessing the medical 
                records of another employee of the Department without a 
                specific need to access such records.
                    (D) Steps the Secretary will take, including plans 
                to issue new regulations, as necessary, to ensure that 
                an employee of the Department may not access the 
                medical records of another employee of the Department 
                for the purpose of retrieving demographic information 
                if that demographic information is available to the 
                employee in another location or through another format.
                    (E) A proposed timetable for the implementation of 
                such plan.
                    (F) An estimate of the costs associated with 
                implementing such plan.
    (b) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committee on Homeland Security and Governmental 
        Affairs and the Committee on Veterans' Affairs of the Senate; 
        and
            (2) the Committee on Oversight and Government Reform and 
        the Committee on Veterans' Affairs of the House of 
        Representatives.

SEC. 2142. OUTREACH ON AVAILABILITY OF MENTAL HEALTH SERVICES AVAILABLE 
              TO EMPLOYEES OF THE DEPARTMENT OF VETERANS AFFAIRS.

    The Secretary of Veterans Affairs shall conduct a program of 
outreach to employees of the Department of Veterans Affairs to inform 
those employees of any mental health services, including telemedicine 
options, that are available to them.

SEC. 2143. PROTOCOLS TO ADDRESS THREATS AGAINST EMPLOYEES OF THE 
              DEPARTMENT OF VETERANS AFFAIRS.

    The Secretary of Veterans Affairs shall ensure protocols are in 
effect to address threats from individuals receiving health care from 
the Department of Veterans Affairs directed towards employees of the 
Department who are providing such health care.

SEC. 2144. COMPTROLLER GENERAL OF THE UNITED STATES STUDY ON 
              ACCOUNTABILITY OF CHIEFS OF POLICE OF DEPARTMENT OF 
              VETERANS AFFAIRS MEDICAL CENTERS.

    The Comptroller General of the United States shall conduct a study 
to assess the reporting, staffing, accountability, and chain of command 
structure of the Department of Veterans Affairs police officers at 
medical centers of the Department.

   Subtitle B--Enhanced Whistleblower Protection for Contractor and 
                           Grantee Employees

SEC. 2201. ENHANCEMENT OF WHISTLEBLOWER PROTECTION FOR CONTRACTOR AND 
              GRANTEE EMPLOYEES.

    (a) Protection for Employees of Grantees and Subgrantees.--
            (1) Defense grants.--Section 2409(a)(1) of title 10, United 
        States Code, is amended by inserting ``or personal services 
        contractor'' after ``subgrantee''.
            (2) Civilian grants.--Section 4712(a)(1) of title 41, 
        United States Code, is amended by striking ``or grantee'' and 
        inserting ``grantee, or subgrantee or personal services 
        contractor''.
    (b) Prohibition on Reimbursement for Legal Fees Accrued in Defense 
Against Reprisal Claims.--
            (1) Defense contracts.--Section 2324(k) of title 10, United 
        States Code, is amended--
                    (A) by inserting ``or subcontractor, or personal 
                services contractor'' after ``contractor'' each place 
                it appears;
                    (B) by inserting ``or subcontract'' after 
                ``contract'' each place it appears; and
                    (C) in paragraph (1), by inserting ``or to any 
                other activity described in subparagraphs (A) through 
                (C) of section 2409(a)(1) of this title'' after 
                ``statute or regulation''.
            (2) Civilian contracts.--
                    (A) In general.--Section 4310 of title 41, United 
                States Code, is amended--
                            (i) by inserting ``or subcontractor, or 
                        personal services contractor'' after 
                        ``contractor'' each place it appears;
                            (ii) by inserting ``or subcontract'' after 
                        ``contract'' each place it appears; and
                            (iii) in subsection (b)(1), by inserting 
                        ``or to any other activity described in section 
                        4712(a)(1) of this title'' after ``statute or 
                        regulation''.
                    (B) Conforming amendment.--Section 4304(a)(15) of 
                title 41, United States Code, is amended by inserting 
                ``or subcontractor, or personal service contractor'' 
                after ``contractor''.
    (c) Inclusion of Contract Clause in Contracts Awarded Before 
Effective Date.--At the time of any major modification to a contract 
that was awarded before the date of the enactment of this Act, the head 
of the contracting agency shall include in the contract a contract 
clause providing for the applicability of the amendments made by this 
section and section 827 of the National Defense Authorization Act for 
Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1833).

         Subtitle C--Office of Special Counsel Reauthorization

SEC. 2301. SHORT TITLE.

    This subtitle may be cited as the ``Office of Special Counsel 
Reauthorization Act of 2016''.

SEC. 2302. ADEQUATE ACCESS OF SPECIAL COUNSEL TO INFORMATION.

    Section 1212(b) of title 5, United States Code, is amended by 
adding at the end the following:
    ``(5)(A) The Special Counsel, in carrying out this subchapter--
            ``(i) shall have timely access to all records, data, 
        reports, audits, reviews, documents, papers, recommendations, 
        or other material available to the applicable agency which 
        relate to a matter within the jurisdiction or authority of the 
        Special Counsel;
            ``(ii) may request from any agency the information or 
        assistance that may be necessary for the Special Counsel to 
        carry out the duties and responsibilities of the Special 
        Counsel under this subchapter; and
            ``(iii) may require, during an investigation, review, or 
        inquiry of an agency, any employee of the agency to provide to 
        the Special Counsel any record or other information that 
        relates to a matter within the jurisdiction or authority of the 
        Special Counsel.
    ``(B)(i) A claim of common law privilege by an agency, or an 
officer or employee of an agency, shall not prevent the Special Counsel 
from obtaining any material described in subparagraph (A)(i) with 
respect to the agency.
    ``(ii) The submission of material described in subparagraph (A)(i) 
by an agency to the Special Counsel may not be deemed to waive any 
assertion of privilege by the agency against a non-Federal entity or 
against an individual in any other proceeding.
    ``(iii) With respect to any record or other information made 
available to the Special Counsel by an agency under subparagraph (A), 
the Special Counsel may only disclose the record or information for a 
purpose that is in furtherance of any authority provided to the Special 
Counsel in this subchapter.
    ``(6) The Special Counsel shall submit to the Committee on Homeland 
Security and Governmental Affairs of the Senate, the Committee on 
Oversight and Government Reform of the House of Representatives, and 
each committee of Congress with jurisdiction over the applicable agency 
a report regarding any case of contumacy or failure to comply with a 
request submitted by the Special Counsel under paragraph (5)(A).''.

SEC. 2303. PROHIBITED PERSONNEL PRACTICES; INFORMATION ON WHISTLEBLOWER 
              PROTECTIONS.

    Section 2302 of title 5, United States Code, is amended--
            (1) in subsection (a)(2)(A)--
                    (A) in clause (xi), by striking ``and'' at the end;
                    (B) by redesignating clause (xii) as clause (xiii); 
                and
                    (C) by inserting after clause (xi) the following:
                    ``(xii) for the purposes of paragraph (8) or (9) of 
                subsection (b), the accessing of a medical record of 
                the employee or applicant for employment; and'';
            (2) in subsection (b)(9)(D), by inserting ``, rule, or 
        regulation'' after ``order''; and
            (3) by striking subsection (c) and inserting the following:
    ``(c)(1) In this subsection--
            ``(A) the term `new employee' means an individual--
                    ``(i) appointed to a position as an employee on or 
                after the date of enactment of the Office of Special 
                Counsel Reauthorization Act of 2016; and
                    ``(ii) who has not previously served as an 
                employee; and
            ``(B) the term `whistleblower protections' means the 
        protections against and remedies for a prohibited personnel 
        practice described in paragraph (8) or subparagraph (A)(i), 
        (B), (C), or (D) of paragraph (9) of subsection (b).
    ``(2) The head of each agency shall be responsible for--
            ``(A) preventing prohibited personnel practices;
            ``(B) complying with and enforcing applicable civil service 
        laws, rules, and regulations, and other aspects of personnel 
        management; and
            ``(C) ensuring, in consultation with the Special Counsel 
        and the Inspector General of the agency, that employees of the 
        agency are informed of the rights and remedies available to the 
        employees under this chapter and chapter 12, including--
                    ``(i) information with respect to whistleblower 
                protections available to new employees during a 
                probationary period;
                    ``(ii) the role of the Office of Special Counsel 
                and the Merit Systems Protection Board with respect to 
                whistleblower protections; and
                    ``(iii) the means by which, with respect to 
                information that is otherwise required by law or 
                Executive order to be kept classified in the interest 
                of national defense or the conduct of foreign affairs, 
                an employee may make a lawful disclosure of the 
                information to--
                            ``(I) the Special Counsel;
                            ``(II) the Inspector General of an agency;
                            ``(III) Congress; or
                            ``(IV) another employee of the agency who 
                        is designated to receive such a disclosure.
    ``(3) The head of each agency shall ensure that the information 
described in paragraph (2) is provided to each new employee of the 
agency not later than 180 days after the date on which the new employee 
is appointed.
    ``(4) The head of each agency shall make available information 
regarding whistleblower protections applicable to employees of the 
agency on the public website of the agency and on any online portal 
that is made available only to employees of the agency, if such portal 
exists.
    ``(5) Any employee to whom the head of an agency delegates 
authority for any aspect of personnel management shall, within the 
limits of the scope of the delegation, be responsible for the 
activities described in paragraph (2).''.

SEC. 2304. ADDITIONAL WHISTLEBLOWER PROVISIONS.

    (a) Explanations for Failure to Take Action.--Section 1213 of title 
5, United States Code, is amended--
            (1) in subsection (b), by striking ``15 days'' and 
        inserting ``45 days'';
            (2) in subsection (e)--
                    (A) in paragraph (1), by striking ``Any such 
                report'' and inserting ``Any report required under 
                subsection (c) or paragraph (5) of this subsection'';
                    (B) by striking paragraph (2) and inserting the 
                following:
                    ``(2) Upon receipt of any report that the head of 
                an agency is required to submit under subsection (c), 
                the Special Counsel shall review the report and 
                determine whether--
                            ``(A) the findings of the head of the 
                        agency appear reasonable; and
                            ``(B) if the Special Counsel requires the 
                        head of the agency to submit a supplemental 
                        report under paragraph (5), the reports 
                        submitted by the head of the agency 
                        collectively contain the information required 
                        under subsection (d).'';
                    (C) in paragraph (3), by striking ``agency report 
                received pursuant to subsection (c) of this section'' 
                and inserting ``report submitted to the Special Counsel 
                by the head of an agency under subsection (c) or 
                paragraph (5) of this subsection''; and
                    (D) by adding at the end the following:
    ``(5) If, after conducting a review of a report under paragraph 
(2), the Special Counsel concludes that the Special Counsel requires 
additional information or documentation to determine whether the report 
submitted by the head of an agency is reasonable and sufficient, the 
Special Counsel may request that the head of the agency submit a 
supplemental report--
            ``(A) containing the additional information or 
        documentation identified by the Special Counsel; and
            ``(B) which the head of the agency shall submit to the 
        Special Counsel within a period of time specified by the 
        Special Counsel.''; and
            (3) by striking subsection (h) and inserting the following:
    ``(h) The Special Counsel may not respond to any inquiry or 
disclose any information about any person who makes a disclosure under 
this section except in accordance with section 552a or as required by 
any other provision of Federal law.''.
    (b) Retaliatory Investigations.--Section 1214 of title 5, United 
States Code, is amended by adding at the end the following:
    ``(i) The Special Counsel may petition the Board to order 
corrective action, including fees, costs, or damages reasonably 
incurred by an employee due to an investigation of the employee by an 
agency, if the investigation by an agency was commenced, expanded, or 
extended in retaliation for a disclosure or protected activity 
described under section 2302(b)(8) or section 2302(b)(9)(A)(i), (B), 
(C), or (D), even if no personnel action, as defined under section 
2302(a), is taken or not taken.''.
    (c) Sensitive Positions.--Section 7701 of title 5, United States 
Code, is amended--
            (1) by redesignating subsection (k) as subsection (l); and
            (2) by inserting after subsection (j) the following:
    ``(k)(1) The Board has authority to review on the merits an appeal 
by an employee or applicant for employment of an action arising from a 
determination that the employee or applicant for employment is 
ineligible for a sensitive position if--
            ``(A) the sensitive position does not require a security 
        clearance or access to classified information; and
            ``(B) such action is otherwise appealable.
    ``(2) In this subsection, the term `sensitive position' means a 
position designated as a sensitive position under Executive Order 10450 
(5 U.S.C. 7311 note), or any successor thereto.''.
    (d) Protection of Whistleblowers as Criteria in Performance 
Appraisals.--
            (1) Establishment of systems.--Section 4302 of title 5, 
        United States Code, is amended--
                    (A) by redesignating subsections (b) and (c) as 
                subsections (c) and (d), respectively; and
                    (B) by inserting after subsection (a) the 
                following:
    ``(b)(1) The head of each agency, in consultation with the Director 
of the Office of Personnel Management and the Special Counsel, shall 
develop criteria that--
            ``(A) the head of the agency shall use as a critical 
        element for establishing the job requirements of a supervisory 
        employee; and
            ``(B) promote the protection of whistleblowers.
    ``(2) The criteria required under paragraph (1) shall include 
principles for the protection of whistleblowers, such as the degree to 
which supervisory employees--
            ``(A) respond constructively when employees of the agency 
        make disclosures described in subparagraph (A) or (B) of 
        section 2302(b)(8);
            ``(B) take responsible actions to resolve such disclosures; 
        and
            ``(C) foster an environment in which employees of the 
        agency feel comfortable making such disclosures to supervisory 
        employees or other appropriate authorities.
    ``(3) In this subsection--
            ``(A) the term `agency' means any entity the employees of 
        which are covered by paragraphs (8) and (9) of section 2302(b), 
        without regard to whether any other provision of this section 
        is applicable to the entity;
            ``(B) the term `supervisory employee' means an employee who 
        would be a supervisor, as defined in section 7103(a), if the 
        agency employing the employee was an agency for purposes of 
        chapter 71; and
            ``(C) the term `whistleblower' means an employee who makes 
        a disclosure described in section 2302(b)(8).''.
            (2) Criteria for performance appraisals.--Section 4313 of 
        title 5, United States Code is amended--
                    (A) in paragraph (4), by striking ``and'' at the 
                end;
                    (B) in paragraph (5), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(6) protecting whistleblowers, as described in section 
        4302(b)(2).''.
    (e) Annual Report to Congress on Unacceptable Performance in 
Whistleblower Protection.--
            (1) Definitions.--In this subsection, the terms ``agency'' 
        and ``whistleblower'' have the meanings given the terms in 
        section 4302(b)(3) of title 5, United States Code, as amended 
        by subsection (d).
            (2) Report.--Each agency shall annually submit to the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate, the Committee on Oversight and Government Reform of the 
        House of Representatives, and each committee of Congress with 
        jurisdiction over the agency a report that details--
                    (A) the number of performance appraisals, for the 
                year covered by the report, that determined that an 
                employee of the agency failed to meet the standards for 
                protecting whistleblowers that were established under 
                section 4302(b) of title 5, United States Code, as 
                amended by subsection (d);
                    (B) the reasons for the determinations described in 
                subparagraph (A); and
                    (C) each disciplinary or corrective action taken by 
                the agency in response to a determination under 
                subparagraph (A).
    (f) Technical and Conforming Amendment.--Section 4301 of title 5, 
United States Code, is amended, in the matter preceding paragraph (1), 
by striking ``For the purpose of'' and inserting ``Except as otherwise 
expressly provided, for the purpose of''.

SEC. 2305. TERMINATION OF CERTAIN INVESTIGATIONS BY THE OFFICE OF 
              SPECIAL COUNSEL.

    Section 1214(a) of title 5, United States Code, is amended--
            (1) in paragraph (1)(D), in the first sentence, by 
        inserting ``other than a termination of an investigation 
        described in paragraph (6)(A)'' after ``investigation of a 
        prohibited personnel practice''; and
            (2) by adding at the end the following:
    ``(6)(A) Not later than 30 days after receiving an allegation of a 
prohibited personnel practice under paragraph (1), the Special Counsel 
may terminate an investigation of the allegation without further 
inquiry or an opportunity for the individual who submitted the 
allegation to respond if the Special Counsel determines that--
            ``(i) the same allegation, based on the same set of facts 
        and circumstances had previously been--
                    ``(I)(aa) made by the individual; and
                    ``(bb) investigated by the Special Counsel; or
                    ``(II) filed by the individual with the Merit 
                Systems Protection Board;
            ``(ii) the Special Counsel does not have jurisdiction to 
        investigate the allegation; or
            ``(iii) the individual knew or should have known of the 
        alleged prohibited personnel practice on or before the date 
        that is 3 years before the date on which the Special Counsel 
        received the allegation.
    ``(B) Not later than 30 days after the date on which the Special 
Counsel terminates an investigation under subparagraph (A), the Special 
Counsel shall provide a written notification to the individual who 
submitted the allegation of a prohibited personnel practice that states 
the basis of the Special Counsel for terminating the investigation.''.

SEC. 2306. ALLEGATIONS OF WRONGDOING WITHIN THE OFFICE OF SPECIAL 
              COUNSEL.

    Section 1212 of title 5, United States Code, is amended by adding 
at the end the following:
    ``(i) The Special Counsel shall enter into at least 1 agreement 
with the Inspector General of an agency under which--
            ``(1) the Inspector General shall--
                    ``(A) receive, review, and investigate allegations 
                of prohibited personnel practices or wrongdoing filed 
                by employees of the Office of Special Counsel; and
                    ``(B) develop a method for an employee of the 
                Office of Special Counsel to directly communicate with 
                the Inspector General; and
            ``(2) the Special Counsel--
                    ``(A) may not require an employee of the Office of 
                Special Counsel to seek authorization or approval 
                before directly contacting the Inspector General in 
                accordance with the agreement; and
                    ``(B) may reimburse the Inspector General for 
                services provided under the agreement.''.

SEC. 2307. REPORTING REQUIREMENTS.

    (a) Annual Report.--Section 1218 of title 5, United States Code, is 
amended to read as follows:
``Sec. 1218. Annual report
    ``The Special Counsel shall submit to Congress, on an annual basis, 
a report on the activities of the Special Counsel, which shall include, 
for the year preceding the submission of the report--
            ``(1) the number, types, and disposition of allegations of 
        prohibited personnel practices filed with the Special Counsel 
        and the costs of resolving such allegations;
            ``(2) the number of investigations conducted by the Special 
        Counsel;
            ``(3) the number of stays or disciplinary actions 
        negotiated with agencies by the Special Counsel;
            ``(4) the number of subpoenas issued by the Special 
        Counsel;
            ``(5) the number of instances in which the Special Counsel 
        reopened an investigation after the Special Counsel had made an 
        initial determination with respect to the investigation;
            ``(6) the actions that resulted from reopening 
        investigations as described in paragraph (5);
            ``(7) the number of instances in which the Special Counsel 
        did not make a determination before the end of the 240-day 
        period described in section 1214(b)(2)(A)(i) regarding whether 
        there were reasonable grounds to believe that a prohibited 
        personnel practice had occurred, existed, or was to be taken;
            ``(8) a description of the recommendations and reports made 
        by the Special Counsel to other agencies under this subchapter 
        and the actions taken by the agencies as a result of the 
        recommendations or reports;
            ``(9) the number of--
                    ``(A) actions initiated before the Merit Systems 
                Protection Board, including the number of corrective 
                action petitions and disciplinary action complaints 
                initiated;
                    ``(B) stays and extensions of stays obtained from 
                the Merit Systems Protection Board; and
                    ``(C) requests for enforcement of subpoenas or 
                requests for enforcement by the Merit Systems 
                Protection Board described in section 1212(b)(6);
            ``(10) the number of prohibited personnel practice 
        complaints that resulted in--
                    ``(A) a favorable action for the complainant, 
                organized by actions in--
                            ``(i) complaints dealing with reprisals 
                        against whistleblowers; and
                            ``(ii) all other complaints; and
                    ``(B) a favorable outcome for the complainant, 
                organized by outcomes in--
                            ``(i) complaints dealing with reprisals 
                        against whistleblowers; and
                            ``(ii) all other complaints;
            ``(11) the number of corrective actions that the Special 
        Counsel required an agency to take after a finding by the 
        Special Counsel of a prohibited personnel practice, as defined 
        in section 2302(b); and
            ``(12) the results for the Office of Special Counsel of any 
        employee viewpoint survey conducted by the Office of Personnel 
        Management or any other agency.''.
    (b) Public Information.--Section 1219(a)(1) of title 5, United 
States Code, is amended to read as follows:
            ``(1) a list of any noncriminal matters referred to the 
        head of an agency under section 1213(c), together with--
                    ``(A) a copy of the information transmitted to the 
                head of the agency under section 1213(c)(1);
                    ``(B) any report from the agency under section 
                1213(c)(1)(B) relating to the matter;
                    ``(C) if appropriate, not otherwise prohibited by 
                law, and consented to by the complainant, any comments 
                from the complainant under section 1213(e)(1) relating 
                to the matter; and
                    ``(D) the comments or recommendations of the 
                Special Counsel under paragraph (3) or (4) of section 
                1213(e);''.

SEC. 2308. ESTABLISHMENT OF SURVEY PILOT PROGRAM.

    (a) In General.--The Office of Special Counsel shall design and 
establish a pilot program under which the Office shall conduct, during 
the period beginning on October 1, 2017 and ending on September 30, 
2018, a survey of individuals who have filed a complaint or disclosure 
with the Office.
    (b) Purpose.--The survey under subsection (a) shall be designed for 
the purpose of collecting information and improving service at various 
stages of a review or investigation by the Office of Special Counsel.
    (c) Results.--The results of the survey under subsection (a) shall 
be published in the annual report of the Office of Special Counsel.
    (d) Suspension of Other Surveys.--During the period beginning on 
October 1, 2017 and ending on September 30, 2018, section 13 of the Act 
entitled ``An Act to reauthorize the Office of Special Counsel, and for 
other purposes'', approved October 29, 1994 (5 U.S.C. 1212 note), shall 
have no force or effect.

SEC. 2309. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Section 8(a)(2) of the Whistleblower Protection 
Act of 1989 (5 U.S.C. 5509 note) is amended by striking ``2003, 2004, 
2005, 2006, and 2007'' and inserting ``2016 through 2021''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect as though enacted on September 30, 2015.
                                                       Calendar No. 505

114th CONGRESS

  2d Session

                                S. 3011

_______________________________________________________________________

                                 A BILL

 To improve the accountability, efficiency, transparency, and overall 
                effectiveness of the Federal Government.

_______________________________________________________________________

                              June 6, 2016

            Read the second time and placed on the calendar