HEN18321 S.L.C.

AMENDMENT NO.llll Calendar No.lll

Purpose: To strengthen employee cost savings suggestions
programs within the Department of Homeland Security.

IN THE SENATE OF THE UNITED STATES—115th Cong., 2d Sess.

H. R. 2825

To amend the Homeland Security Act of 2002 to make

certain improvements in the laws administered by the
Secretary of Homeland Security, and for other purposes
Referred to the Committee on llllllllll and
ordered to be printed
Ordered to lie on the table and to be printed
AMENDMENT intended to be proposed by Mr. PAUL
Viz:
1 At the appropriate place, insert the following:
2 SEC. ll. COST SAVINGS ENHANCEMENTS.

3 (a) IN GENERAL.—
4 (1) AMENDMENT.—Subchapter II of chapter 45
5 of title 5, United States Code, is amended by insert-
6 ing after section 4512 the following:
7 ‘‘§ 4512A. Department of Homeland Security awards
8 for cost savings disclosures

9 ‘‘(a) In this section, the term ‘surplus operations and

10 support funds’ means amounts made available for the op-
11 erations and support account, or equivalent account, of the
HEN18321 S.L.C.

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1 Department of Homeland Security, or a component there-
2 of—
3 ‘‘(1) that are identified by an employee of the
4 Department of Homeland Security under subsection
5 (b) as unnecessary;
6 ‘‘(2) that the Inspector General of the Depart-
7 ment of Homeland Security determines are not re-
8 quired for the purpose for which the amounts were
9 made available;
10 ‘‘(3) that the Chief Financial Officer of the De-
11 partment of Homeland Security determines are not
12 required for the purpose for which the amounts were
13 made available; and
14 ‘‘(4) the rescission of which would not be detri-
15 mental to the full execution of the purposes for
16 which the amounts were made available.
17 ‘‘(b) The Inspector General of the Department of
18 Homeland Security may pay a cash award to any employee
19 of the Department of Homeland Security whose disclosure
20 of fraud, waste, or mismanagement or identification of
21 surplus operations and support funds to the Inspector
22 General of the Department of Homeland Security has re-
23 sulted in cost savings for the Department of Homeland
24 Security. The amount of an award under this section may
25 not exceed the lesser of—
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1 ‘‘(1) $10,000; or
2 ‘‘(2) an amount equal to 1 percent of the De-
3 partment of Homeland Security’s cost savings which
4 the Inspector General determines to be the total sav-
5 ings attributable to the employee’s disclosure or
6 identification.
7 For purposes of paragraph (2), the Inspector General may
8 take into account Department of Homeland Security cost
9 savings projected for subsequent fiscal years which will be
10 attributable to such disclosure or identification.
11 ‘‘(c)(1) The Inspector General of the Department of
12 Homeland Security shall refer to the Chief Financial Offi-
13 cer of the Department of Homeland Security any potential
14 surplus operations and support funds identified by an em-
15 ployee that the Inspector General determines meets the
16 requirements under paragraphs (2) and (4) of subsection
17 (a), along with any recommendations of the Inspector
18 General.
19 ‘‘(2)(A) If the Chief Financial Officer of the Depart-
20 ment of Homeland Security determines that potential sur-
21 plus operations and support funds referred under para-
22 graph (1) meet the requirements under subsection (a), ex-
23 cept as provided in subsection (d), the Secretary of Home-
24 land Security shall transfer the amount of the surplus op-
HEN18321 S.L.C.

4
1 erations and support funds from the applicable appropria-
2 tions account to the general fund of the Treasury.
3 ‘‘(B) Any amounts transferred under subparagraph
4 (A) shall be deposited in the Treasury and used for deficit
5 reduction, except that in the case of a fiscal year for which
6 there is no Federal budget deficit, such amounts shall be
7 used to reduce the Federal debt (in such manner as the
8 Secretary of the Treasury considers appropriate).
9 ‘‘(3) The Inspector General of the Department of
10 Homeland Security and the Chief Financial Officer of the
11 Department of Homeland Security shall issue standards
12 and definitions for purposes of making determinations re-
13 lating to potential surplus operations and support funds
14 identified by an employee under this subsection.
15 ‘‘(d)(1) The Secretary of Homeland Security may re-
16 tain not more than 10 percent of amounts to be trans-
17 ferred to the general fund of the Treasury under sub-
18 section (c)(2).
19 ‘‘(2) Amounts retained by the Secretary of Homeland
20 Security under paragraph (1) may be—
21 ‘‘(A) used for the purpose of paying a cash
22 award under subsection (b) to one or more employ-
23 ees who identified the surplus operations and sup-
24 port funds; and
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1 ‘‘(B) to the extent amounts remain after paying
2 cash awards under subsection (b), transferred or re-
3 programmed for use by the Department of Home-
4 land Security, in accordance with any limitation on
5 such a transfer or reprogramming under any other
6 provision of law.
7 ‘‘(e)(1) Not later than October 1 of each fiscal year,
8 the Secretary of Homeland Security shall submit to the
9 Secretary of the Treasury a report identifying the total
10 savings achieved during the previous fiscal year through
11 disclosures of possible fraud, waste, or mismanagement
12 and identifications of surplus operations and support
13 funds by an employee.
14 ‘‘(2) Not later than September 30 of each fiscal year,
15 the Secretary of Homeland Security shall submit to the
16 Secretary of the Treasury a report that, for the previous
17 fiscal year—
18 ‘‘(A) describes each disclosure of possible fraud,
19 waste, or mismanagement or identification of poten-
20 tially surplus operations and support funds by an
21 employee of the Department of Homeland Security
22 determined by the Department of Homeland Secu-
23 rity to have merit; and
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1 ‘‘(B) provides the number and amount of cash
2 awards by the Department of Homeland Security
3 under subsection (b).
4 ‘‘(3) The Secretary of Homeland Security shall in-
5 clude the information described in paragraphs (1) and (2)
6 in each budget request of the Department of Homeland
7 Security submitted to the Office of Management and
8 Budget as part of the preparation of the budget of the
9 President submitted to Congress under section 1105(a) of
10 title 31.
11 ‘‘(4) The Secretary of the Treasury shall submit to
12 the Committee on Appropriations of the Senate, the Com-
13 mittee on Appropriations of the House of Representatives,
14 and the Government Accountability Office an annual re-
15 port on Federal cost saving and awards based on the re-
16 ports submitted under paragraphs (1) and (2).
17 ‘‘(f) The Director of the Office of Personnel Manage-
18 ment shall—
19 ‘‘(1) ensure that the cash award program of the
20 Department of Homeland Security complies with
21 this section; and
22 ‘‘(2) submit to Congress an annual certification
23 indicating whether the cash award program of the
24 Department of Homeland Security complies with
25 this section.
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1 ‘‘(g) Not later than 3 years after the date of enact-
2 ment of this section, and every 3 years thereafter, the
3 Comptroller General of the United States shall submit to
4 Congress a report on the operation of the cost savings and
5 awards program under this section, including any rec-
6 ommendations for legislative changes.’’.
7 (2) TECHNICAL AND CONFORMING AMEND-

8 MENT.—The table of sections for subchapter II of

9 chapter 45 of title 5, United States Code, is amend-
10 ed by inserting after the item relating to section
11 4512 the following:
‘‘4512A. Department of Homeland Security awards for cost savings disclo-
sures.’’.

12 (3) SUNSET.—Effective 6 years after the date

13 of enactment of this Act, subchapter II of chapter
14 45 of title 5, United States Code, is amended—
15 (A) by striking section 4512A; and
16 (B) in the table of sections, by striking the
17 item relating to section 4512A.
18 (b) OFFICERS ELIGIBLE FOR CASH AWARDS.—Sec-
19 tion 4509 of title 5, United States Code, is amended—
20 (1) by inserting ‘‘(a)’’ before ‘‘No officer’’; and
21 (2) by adding at the end the following:
22 ‘‘(b) The Secretary of Homeland Security may not
23 receive a cash award under this subchapter.’’.