Overview
Title
To amend section 7342 of title 5, United States Code, to require agencies to submit to the Office of Government Ethics and the Department of State the compiled listing of certain statements relating to the receipt and disposition of foreign gifts and decorations, and for other purposes.
ELI5 AI
The GARD Act is about making sure government workers tell the right people when they get gifts from other countries, and they have to be quick or else they might have to pay a fine. It also says that everyone should be able to see a list of these gifts, but it could be tricky and expensive for some agencies to set all this up.
Summary AI
The Gift Accountability, Reporting, and Disclosures Act (GARD Act) proposes changes to existing U.S. law regarding how federal agencies and politicians handle foreign gifts and decorations. It requires agencies to submit a detailed list of received gifts to both the Office of Government Ethics and the Department of State and imposes new rules and deadlines for reporting this information. The bill also introduces a late fee for employees who do not submit their required statements on time, but allows for a waiver if good cause is shown. Additionally, it mandates that after the bill's enactment, agencies must make these listings publicly accessible, similar to financial disclosure reports.
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AnalysisAI
General Summary of the Bill
The proposed bill, known as the "Gift Accountability, Reporting, and Disclosures Act" or the "GARD Act," seeks to amend existing legislation concerning the management of foreign gifts and decorations received by federal employees. It mandates federal agencies to report these gifts to the Office of Government Ethics and the Department of State. The bill introduces new rules for handling such gifts, including restrictions on accepting gifts from certain foreign entities, increased public transparency, and penalties for delayed reporting.
Summary of Significant Issues
Several issues within the bill deserve attention. The imposition of a $200 late fee for failing to file gift-related statements on time might unduly affect lower-income federal employees, given the vague criteria for waiving such fees. The language used to define who qualifies as a "relative" under the bill is unclear, which could lead to misunderstandings about who must report gifts. Additionally, the bill's mandate for agencies to develop systems for public access to gift reports within 120 days may be financially and logistically challenging, particularly without clear oversight or cost management strategies. Concerns also arise from the prohibition of gifts from "countries of concern," as this term lacks a precise definition, potentially causing diplomatic tensions. Lastly, the complex terminology throughout the bill might create compliance challenges for employees without legal backgrounds.
Impact on the Public Broadly
The GARD Act is likely to enhance transparency in the federal government by ensuring that gifts from foreign countries are reported and publicly accessible. This could strengthen public trust in government operations by showing that officials are not unduly influenced by foreign entities. However, the implementation of new systems for public access and the procedural changes required might incur significant costs, which could affect taxpayers if not managed efficiently.
Impact on Specific Stakeholders
Federal Employees: The bill's requirements could place additional administrative burdens on federal workers tasked with reporting gifts. The $200 late fee could disproportionately impact lower-income employees, adding financial strain if they miss reporting deadlines.
Federal Agencies: Agencies will face logistical challenges in developing and maintaining systems for public transparency. The cost and resource allocations involved might overwhelm smaller agencies, risking inefficient implementation.
Foreign Diplomats and Entities: The vagueness surrounding "countries of concern" could strain diplomatic relations, especially if countries view this designation negatively. Clarity and communication on these designations will be essential to maintaining healthy international relations.
Office of Government Ethics and the Department of State: These bodies will take on additional responsibilities regarding the collation and dissemination of gift reporting, requiring potential reallocations of resources or hiring.
In summary, while the GARD Act aims to improve transparency and accountability, several operational challenges and ambiguities need addressing to ensure its fair and effective implementation.
Financial Assessment
The proposed Gift Accountability, Reporting, and Disclosures Act (GARD Act) introduces several financial elements impacting federal employees and agencies regarding their handling of foreign gifts and decorations. The primary financial reference within the bill includes the imposition of late fees, as well as the potential costs associated with implementing new reporting systems.
Late Fee for Delayed Submission
One significant financial reference in the bill is the introduction of a $200 late fee for federal employees who fail to submit their required statements on the receipt and disposition of foreign gifts within 30 days, as stipulated in Section 2, subsection g(3)(A). This measure aims to ensure timely compliance with reporting requirements. However, the imposition of such a fee could disproportionately affect lower-income employees, particularly if there is insufficient clarity on what constitutes "good cause" for a fee waiver. The lack of explicit guidance on this issue might lead to inconsistent applications of the fee waiver, posing a financial burden for some employees.
System Adaptation Costs
The bill further mandates that each employing agency adapt its systems to enable public access to these listings, as mentioned in Section 2, subsection l. Although the text does not specify the exact cost, making these systems publicly accessible could involve significant expenses relating to infrastructure updates, data management, and cybersecurity to ensure the safe handling of sensitive information. Smaller agencies with limited resources might find the 120-day deadline to implement these changes challenging, potentially leading to budgetary strain and the need for additional funding or reallocations to meet the requirements.
Potential Financial and Logistical Challenges
While the bill effectively tightens regulations on the handling of foreign gifts, it raises several potential financial and logistical challenges. Agencies may need to navigate the complexity of redesigning their systems within a tight timeframe, possibly requiring reallocation of existing budgets or seeking additional funding to comply with the act’s mandates. Furthermore, the introduction of a late fee speaks to the bill’s emphasis on accountability, yet without adequate clarity or flexibility, it may financially penalize employees who face genuine hardships, thereby challenging its fairness and equity.
In conclusion, the financial references within the GARD Act focus on accountability through fees and system adaptations. However, these measures bring about concerns related to fairness, clarity, and resource allocation, which must be addressed to facilitate smooth implementation and minimize unintended financial burdens on federal employees and agencies.
Issues
The introduction of a $200 late fee for filing after 30 days in subsection (g)(3)(A) could disproportionately affect lower-income employees, as there is limited guidance on what constitutes 'good cause' for waiving this fee. This issue could be significant for workers concerned about punitive financial measures. (Section 2, subsection g(3)(A))
The language used in subsection (a)(1)(A)(iii)(II) isn't entirely clear whether 'a relative' encompasses all dependents per the updated definition, potentially leading to misinterpretation. This could have legal implications if individuals misunderstand who is covered under the term 'relative'. (Section 2, subsection a(1)(A)(iii)(II))
Requiring agencies to adapt systems for public access to gift listings as outlined in new subsection (l) could incur significant expenses without clear guidance on cost management or oversight. The timeframe of 'not later than 120 days' may be unrealistic, particularly for smaller agencies with fewer resources. This issue highlights potential financial and logistical challenges for agencies. (Section 2, subsection l)
The provision that prohibits accepting a gift from a 'country of concern' as designated by the Secretary of State (subsection b(3)) might be seen as vague and could have diplomatic implications, depending on which countries are designated as 'of concern'. Clarity on this definition is important for legal and political reasons. (Section 2, subsection b(3))
The phrase 'terminating the official use of a gift' in subsection (c)(3) could benefit from further clarification, as varying interpretations may lead to inconsistent application across different federal agencies. This ambiguity poses legal and procedural challenges. (Section 2, subsection c(3))
Language in several sections, such as subsection (f)(2)(E), uses complex terminology, which may be difficult for those without a legal background to understand, potentially leading to misinterpretations and compliance issues among employees. Ensuring clarity and accessibility of legal language is crucial for appropriate implementation. (Section 2, subsection f(2)(E))
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of this Act is called the “Gift Accountability, Reporting, and Disclosures Act,” or the “GARD Act.”
2. Receipt and disposition of foreign gifts and decorations Read Opens in new tab
Summary AI
The section updates how federal employees handle gifts and decorations from abroad by changing the rules for reporting and disposing of these items. It introduces penalties for late submissions, requires public access to reports, and includes new guidelines for gifts from countries of concern.
Money References
- ; (C) in paragraph (3)(B), by striking “brief”; and (D) in paragraph (4)— (i) in subparagraph (A)— (I) by striking “delete” and inserting “redact”; (II) by inserting “Office of Government Ethics and the” after “in writing to the”; and (ii) in subparagraph (B), by inserting “Office of Government Ethics and the” after “provided to the”; (5) in subsection (g)— (A) in paragraph (1)— (i) by striking “Each employing agency shall” and inserting “Each employing agency acting through the Designated Agency Ethics Official (as appointed pursuant to chapter 131 of this title) and in coordination with the Office of Government Ethics, shall”; and (ii) by inserting “the Office of Government Ethics and” before “the Secretary of State”; and (B) by redesignating paragraph (2) as paragraph (3); and (C) by adding after paragraph (1) the following new paragraph: “(3) Each employing agency— “(A) shall impose a $200 late fee for any employee who files a statement 30 days after the date on which such statement is required to be submitted; and “(B) may waive the fee described in subparagraph (A) if a determination is made by the employing agency, or a designated agency ethics official as defined in section 13101, that an employee has good cause for the late submission.”; and (6) by adding at the end the following new subsection: “(l) Not later than 120 days after enactment of the GARD Act, each employing agency shall adapt systems to enable public access to the listings under this section in a manner similar to the public access of financial disclosure reports required under chapter 131.”. (b) Application.—The amendments by this Act shall apply to any individual required to submit a statement under section 7342 of title 5, United States Code, within 30 days after the date of enactment of this Act. ---