Overview
Title
An Act To amend chapters 4, 10, and 131 of title 5, United States Code, as necessary to keep those chapters current and to correct related technical errors.
ELI5 AI
H.R. 7326 is a plan to fix and update some U.S. law books to make sure they're correct and current, just like how you might update a game to make sure it has all the latest features and fixes. It doesn't change any big rules, but it helps make sure everything is up-to-date and working properly.
Summary AI
H.R. 7326 aims to update and correct parts of chapters 4, 10, and 131 of title 5 of the United States Code. These updates incorporate laws that have been passed since October 2021 and correct technical errors. The bill does not change the meaning or effect of the existing laws but brings them up to date by including recent amendments.
Published
Keywords AI
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Bill Statistics
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Language
Complexity
AnalysisAI
General Summary of the Bill
This bill, identified as H.R. 7326, was introduced to the U.S. Senate to update and correct technical errors in specific chapters of title 5 in the United States Code. These chapters pertain to the roles and responsibilities of certain government officials, specifically focusing on amendments necessary to keep the law current and technically accurate. The bill aims to ensure that chapters 4, 10, and 131 reflect recent legislative changes and that necessary updates are made post-October 19, 2021. It emphasizes maintaining the current meaning and effect of laws while incorporating these updates.
Significant Issues
One of the primary concerns with this bill is the complexity of its language, which is reflected across multiple sections. The need to reference other public laws without supplying full context could be problematic for those attempting to understand the full implications of the amendments. The potential for complex legal jargon might render the text inaccessible to individuals without specialized legal knowledge.
Furthermore, there are significant concerns regarding transparency and the extent of public access to information, particularly in the context of reports generated by Inspectors General. While the bill outlines meticulous reporting requirements, limitations on public disclosure, especially concerning ongoing investigations and whistleblower protection, may provoke ethical and accountability concerns.
Impact on the Public
Broadly, this bill aims to facilitate the government’s functionality by ensuring its laws remain up-to-date. For the general public, keeping the legislative framework current could lead to more effective governance. However, the complex language and need for additional documentation to understand certain amendments might limit public engagement with the process. If transparency issues are not adequately addressed, it could potentially lead to public skepticism or mistrust.
Specific stakeholders, such as government agencies, federal employees, and Inspectors General, could experience this legislation differently. Inspectors General may face additional administrative burdens due to the increased reporting requirements, which could drain resources and time. Government agencies might find these amendments beneficial as they provide clearer frameworks and updated references, but they could also struggle with the volume of changes required to align their operations with the new standards.
Impact on Specific Stakeholders
Government Inspectors General: These officials may feel the most significant impact, as the bill imposes rigorous requirements for reporting and public disclosures. These duties may place an additional administrative and operational burden on their offices, requiring careful management to maintain efficiency.
Legislators and Legal Professionals: They will need to navigate an intricate set of amendments to ensure compliance for their respective domains. This could increase the need for legal expertise and support as ambiguities and references to other laws are tackled.
The Public: For everyday citizens, particularly those interested in government transparency and operations, the bill's imposition of public reporting can be seen as a step toward greater accountability. However, any constraints or limitations within these reports might disappoint those expecting complete transparency.
Whistleblowers: The bill raises concerns about the extent of protection for individuals who report wrongdoing. If inadequate safeguards are in place, whistleblowers might be dissuaded from coming forward, negatively affecting accountability within federal functions.
In conclusion, H.R. 7326 outlines important amendments aimed at legal accuracy and currency but faces challenges in language accessibility and transparency, which could impact its acceptance and effectiveness among stakeholders and the general public.
Financial Assessment
The bill, H.R. 7326, is primarily concerned with updating and correcting legal texts and does not include explicit references to new financial spending or appropriations. However, there are some notable sections where financial elements are discussed, particularly concerning the reporting of financial data within government agencies and related oversight functions.
Financial Reporting and Oversight
The bill requires detailed semiannual reports from Inspectors General, which include various financial metrics. Each report must cover:
- Descriptions of costs: This includes identifying the total dollar value of questioned costs and unsupported costs. It also requires an assessment of potential cost savings from unimplemented recommendations. These efforts aim to ensure that government funds are being used effectively and that there is accountability for any financial mismanagement.
The language used in Section 405 highlights the need for transparency in how federal funding is managed. The complexity and detail required in these reports underscore efforts to enhance oversight and accountability. However, this aligns with Issue 1 from the bill, where there are concerns about transparency, especially if certain financial information is not fully disclosed to the public due to ongoing investigations or other sensitivities.
Issues Relating to Financial References
Complexity and Accessibility
The bill's financial reporting requirements, while crucial for transparency and accountability, contribute to the overall complexity noted in the identified issues. The detailed and technical nature of what must be reported could be overwhelming without the necessary expertise to interpret these findings. This ties into Issue 2, where the complexity of language can make it challenging for the general public to fully understand the implications of these financial disclosures.
Potential for Overlapping Duties
Sections 405 and 424 mention potential overlaps in responsibilities, which might lead to inefficiencies. This is particularly relevant to financial oversight, where unclear mandates could lead to duplicative efforts or conflicts over who is responsible for financial transparency and accountability, aligning with Issue 3.
Constraints on Public Disclosure
Even though detailed financial data is collected and analyzed, Section 405 also imposes limitations on public disclosure, especially concerning ongoing criminal investigations. While these limitations protect sensitive information, they might lower public trust in governmental financial accountability if critical financial data remains inaccessible. This highlights a tension between the need for transparency and the protection of sensitive information, related to Issues 6 and 5 around whistleblower protections and overall information access for accountability.
Accessibility for Non-Experts
Finally, the amendments required in Section 4 to update references across numerous pieces of legislation add to the complexity and could hinder transparency for the average reader. For financial details, this complex web of legal citations might make it difficult for non-experts to identify changes that impact financial oversight and accountability. This is encapsulated in Issue 8 regarding the potential technical complexity and its effect on transparency and understanding.
In summary, while H.R. 7326 does not introduce new financial appropriations, its deep involvement in financial oversight and transparency is clear. The requirements for detailed financial reporting aim to foster more robust oversight but may also present challenges in transparency and accessibility. This highlights a critical balance that must be managed between accountability and the clarity of information available to the public.
Issues
1. **Transparency and Access to Information**: The extensive semiannual reporting requirements in Section 405 could potentially lead to concerns about transparency, specifically regarding how information is disclosed to the public and Congress, as there are limitations on public disclosure, especially concerning ongoing investigations or whistleblower protection. This raises ethical and accountability concerns for how these reports might be utilized or restricted.
2. **Complex Language**: Across several sections, notably Section 2 and 3, the language used is complex and potentially inaccessible to non-expert readers. This complexity may prevent a broad public understanding of critical legal changes and amendments, which could undermine public engagement and trust in the legislative process.
3. **Inspectors General Oversight**: In Sections 405 and 424, potential overlaps in responsibilities and conflicts regarding the handling of the Inspector General’s work could lead to inefficiencies and conflicts of interest, impacting the effectiveness of oversight and accountability functions.
4. **Legal Consistency and Clarity**: The amendments to existing laws in Section 3 might lack detailed context, requiring readers to refer to additional documents (e.g., Public Law references), which could complicate understanding and result in ambiguity around the legal implications. This issue is prevalent in sections dealing with the amendments and reference updates.
5. **Whistleblower Protections**: Concerns about insufficient protection for whistleblowers' identities within the public disclosure limitations in Section 405, which could deter potential whistleblowers from coming forward, thus impacting transparency and accountability within government operations.
6. **Public Disclosure Constraints**: Section 405's limitations on public access to certain reports, particularly pertaining to criminal investigations or sensitive information, may be viewed as a hindrance to public accountability and transparency by limiting the information available to the public.
7. **Impact on Smaller vs. Larger Entities**: As noted in Section 405, there's a risk that reporting criteria could be manipulated to favor specific entities or programs if not adequately monitored, potentially impacting fairness and equal treatment in oversight activities.
8. **Amendments to Existing References**: Section 4 includes numerous amendments to update references to existing legislation, which could inhibit transparency and understanding due to the technical complexity and wide range of titles and acts being amended. This technical nature of the amendments might limit accessibility for individuals who are not legal experts.
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. Table of contents Read Opens in new tab
Summary AI
The section outlines the table of contents for a law, which includes the purpose and impact on existing law, amendments to specific chapters of the United States Code, conforming amendments, and provisions for transitions and savings.
2. Purpose; EFFECT ON existing law Read Opens in new tab
Summary AI
The purpose of this section is to update certain chapters of the United States Code by incorporating new laws that have been enacted since October 19, 2021, and to fix technical errors. Importantly, these updates do not alter the meaning or effect of the existing law; they merely ensure that the law is up-to-date and corrects any technical mistakes.
3. Amendments to chapters 4, 10, and 131 of title 5, united states code Read Opens in new tab
Summary AI
The amendments to Title 5 of the United States Code modify various chapters concerning the roles, powers, and responsibilities of Inspectors General, requiring them to report semiannually to Congress on their activities and investigations, and specifying the conditions under which they can be removed or placed on non-duty status. The changes also require certain financial disclosures and reports to be made accessible to the public, establishing transparency for both individual and organizational activities within the federal government.
Money References
- The reports shall include, but need not be limited to— “(1) a description of significant problems, abuses, and deficiencies relating to the administration of programs and operations of the establishment and associated reports and recommendations for corrective action made by the Office; “(2) an identification of each recommendation made before the reporting period, for which corrective action has not been completed, including the potential costs savings associated with the recommendation; “(3) a summary of significant investigations closed during the reporting period; “(4) an identification of the total number of convictions during the reporting period resulting from investigations; “(5) information regarding each audit, inspection, or evaluation report issued during the reporting period, including— “(A) a listing of each audit, inspection, or evaluation; and “(B) if applicable, the total dollar value of questioned costs (including a separate category for the dollar value of unsupported costs) and the dollar value of recommendations that funds be put to better use, including whether a management decision had been made by the end of the reporting period; “(6) information regarding any management decision made during the reporting period with respect to any audit, inspection, or evaluation issued during a previous reporting period; “(7) the information described under section 804(b) of the Federal Financial Management Improvement Act of 1996 (Public Law 104–208, §101(f)
- “(c) Furnishing Semiannual Reports to Head of Establishment and Congress.—Semiannual reports of each Inspector General shall be furnished to the head of the establishment involved not later than April 30 and October 31 of each year and shall be transmitted by the head of the establishment to the appropriate congressional committees within 30 days after receipt of the report, together with a report by the head of the establishment containing— “(1) any comments the head of the establishment determines appropriate; “(2) where final action on audit, inspection, and evaluation reports had not been taken before the commencement of the reporting period, statistical tables showing— “(A) with respect to management decisions— “(i) for each report, whether a management decision was made during the reporting period; “(ii) if a management decision was made during the reporting period, the dollar value of disallowed costs and funds to be put to better use as agreed to in the management decision; and “(iii) the total number of reports where a management decision was made during the reporting period and the total corresponding dollar value of disallowed costs and funds to be put to better use as agreed to in the management decision; and “(B) with respect to final actions— “(i) whether, if a management decision was made before the end of the reporting period, final action was taken during the reporting period; “(ii) if final action was taken, the dollar value of— “(I) disallowed costs that were recovered by management through collection, offset, property in lieu of cash, or otherwise; “(II) disallowed costs that were written off by management; “(III) disallowed costs and funds to be put to better use not yet recovered or written off by management; “(IV) recommendations that were completed; and “(V) recommendations that management has subsequently concluded should not or could not be implemented or completed; and “(iii) the total number of reports where final action was not taken and the total number of reports where final action was taken, including the total corresponding dollar value of disallowed costs and funds to be put to better use as agreed to in the management decisions; “(3) whether the establishment entered into a settlement agreement with the official described in subsection (b)(14)(A), which shall be reported regardless of any confidentiality agreement relating to the settlement agreement; and “(4) a statement explaining why final action has not been taken with respect to each audit, inspection, and evaluation report in which a management decision has been made but final action has not yet been taken, except that such statement— “(A) may exclude reports if— “(i) a management decision was made within the preceding year; or “(ii) the report is under formal administrative or judicial appeal or management of the establishment has agreed to pursue a legislative solution; and “(B) shall identify the number of reports in each category so excluded.
405. Reports Read Opens in new tab
Summary AI
The section outlines the requirements for reports by Inspectors General, including definitions of key terms like "disallowed costs" and "questioned costs," deadlines for semiannual reports, and the procedures for handling serious problems. It emphasizes transparency and public access to reports, stipulates what can be disclosed to the public or Congress, and requires certain actions if an Inspector General's status changes.
Money References
- The reports shall include, but need not be limited to— (1) a description of significant problems, abuses, and deficiencies relating to the administration of programs and operations of the establishment and associated reports and recommendations for corrective action made by the Office; (2) an identification of each recommendation made before the reporting period, for which corrective action has not been completed, including the potential costs savings associated with the recommendation; (3) a summary of significant investigations closed during the reporting period; (4) an identification of the total number of convictions during the reporting period resulting from investigations; (5) information regarding each audit, inspection, or evaluation report issued during the reporting period, including— (A) a listing of each audit, inspection, or evaluation; and (B) if applicable, the total dollar value of questioned costs (including a separate category for the dollar value of unsupported costs) and the dollar value of recommendations that funds be put to better use, including whether a management decision had been made by the end of the reporting period; (6) information regarding any management decision made during the reporting period with respect to any audit, inspection, or evaluation issued during a previous reporting period; (7) the information described under section 804(b) of the Federal Financial Management Improvement Act of 1996 (Public Law 104–208, §101(f)
- if the establishment does not have senior Government employees, which shall include— (A) the name of the senior Government employee, if already made public by the Office; and (B) a detailed description of— (i) the facts and circumstances of the investigation; and (ii) 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; (14)(A) a detailed description of any instance of whistleblower retaliation, including information about the official found to have engaged in retaliation; and (B) what, if any, consequences the establishment actually imposed to hold the official described in subparagraph (A) accountable; (15) information related to interference by the establishment, including— (A) a detailed description of any attempt by the establishment to interfere with the independence of the Office, including— (i) with budget constraints designed to limit the capabilities of the Office; and (ii) 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 (B) a summary of each report made to the head of the establishment under section 406(c)(2) of this title during the reporting period; and (16) 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 a senior Government employee that is closed and was not disclosed to the public. (c) Furnishing Semiannual Reports to Head of Establishment and Congress.—Semiannual reports of each Inspector General shall be furnished to the head of the establishment involved not later than April 30 and October 31 of each year and shall be transmitted by the head of the establishment to the appropriate congressional committees within 30 days after receipt of the report, together with a report by the head of the establishment containing— (1) any comments the head of the establishment determines appropriate; (2) where final action on audit, inspection, and evaluation reports had not been taken before the commencement of the reporting period, statistical tables showing— (A) with respect to management decisions— (i) for each report, whether a management decision was made during the reporting period; (ii) if a management decision was made during the reporting period, the dollar value of disallowed costs and funds to be put to better use as agreed to in the management decision; and (iii) the total number of reports where a management decision was made during the reporting period and the total corresponding dollar value of disallowed costs and funds to be put to better use as agreed to in the management decision; and (B) with respect to final actions— (i) whether, if a management decision was made before the end of the reporting period, final action was taken during the reporting period; (ii) if final action was taken, the dollar value of— (I) disallowed costs that were recovered by management through collection, offset, property in lieu of cash, or otherwise; (II) disallowed costs that were written off by management; (III) disallowed costs and funds to be put to better use not yet recovered or written off by management; (IV) recommendations that were completed; and (V) recommendations that management has subsequently concluded should not or could not be implemented or completed; and (iii) the total number of reports where final action was not taken and the total number of reports where final action was taken, including the total corresponding dollar value of disallowed costs and funds to be put to better use as agreed to in the management decisions; (3) whether the establishment entered into a settlement agreement with the official described in subsection (b)(14)(A), which shall be reported regardless of any confidentiality agreement relating to the settlement agreement; and (4) a statement explaining why final action has not been taken with respect to each audit, inspection, and evaluation report in which a management decision has been made but final action has not yet been taken, except that such statement— (A) may exclude reports if— (i) a management decision was made within the preceding year; or (ii) the report is under formal administrative or judicial appeal or management of the establishment has agreed to pursue a legislative solution; and (B) shall identify the number of reports in each category so excluded.
4. conforming amendments Read Opens in new tab
Summary AI
The bill section proposes updates to various federal laws by changing references from the Inspector General Act of 1978 and the Federal Advisory Committee Act to updated sections in Title 5, United States Code. These amendments ensure that the laws reflect the current organizational and legal framework by using the appropriate title and section numbers in the federal code.
5. Transitional and savings provisions Read Opens in new tab
Summary AI
The section explains certain key terms related to amendments in the law. It clarifies that amendments from section 3 of the Act update specific parts of the United States Code to include new amendments added after October 19, 2021, while ensuring they do not change any laws unless specified.