Overview
Title
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 like fixing and updating a big book of rules, so everything stays clear and correct, especially for people checking if money is spent right and if helpers are doing their jobs. It makes sure everything is written correctly so everyone knows what to do and doesn't get confused.
Summary AI
H. R. 7326 proposes updates to chapters 4, 10, and 131 of title 5 of the United States Code to ensure that these parts of the law stay current and to fix technical errors. The act aims to incorporate laws enacted after October 19, 2021, into the existing framework without changing the meaning or effect of those laws, particularly concerning amendments and technical aspects relating to Inspectors General and advisory committees. It modifies and clarifies various sections relating to roles, responsibilities, report submissions, and legislative references across multiple chapters of the U.S. Code. The bill underscores the importance of maintaining the currency of legal codes while ensuring the clarity and accuracy of legislative language.
Published
Keywords AI
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Bill Statistics
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Language
Complexity
AnalysisAI
The bill, identified as H. R. 7326, aims to update certain sections of the United States Code (Title 5, Chapters 4, 10, and 131) to incorporate recent legislation and correct technical errors. This legislative measure was introduced to ensure that the referenced chapters remain current and align with recent legal changes, specifically after the implementation of laws following October 19, 2021. The bill is extensive and covers a broad array of technical updates and legal clarifications.
General Summary
H. R. 7326 is essentially a maintenance bill designed to ensure that specific chapters of the United States Code are updated to reflect recent legislative changes and corrections. This involves integrating amendments related to the operations and oversight powers of Inspectors General, which are government officials responsible for investigating and auditing agencies to combat waste, fraud, and abuse. The bill also makes adjustments to ensure that existing laws reflect changes made by other legislative acts enacted after October 19, 2021. Amendments include updating references from old laws to current legal texts and ensuring continuous alignment with legislative frameworks.
Significant Issues
Key issues identified within the bill pertain largely to clarity, administrative burden, and potential ambiguity in the language:
Complex Language and Ambiguity: The bill uses technical language and references specific laws, which could be challenging for stakeholders outside legal or governmental fields to interpret. Terms like "questioned costs" and various procedural requirements may lead to inconsistent applications.
Administrative Burden: There are extensive reporting requirements outlined, particularly for Inspectors General, which could significantly increase their administrative workload. The necessity for detailed communications regarding personnel changes and the management of reports may strain resources.
Redaction and Privacy Concerns: The criteria for redacting information in publicly available reports are not well-defined, potentially leading to inconsistent privacy protections.
Stakeholder Impact: While intended to enhance accountability and transparency, the requirements may place additional pressure on Inspectors General and governmental resources without clear guidance or benchmarks for success.
Public Impact
Broadly, the bill's impact on the public is intended to be positive by improving government transparency, ensuring laws are current, and minimizing errors in legal texts. Updated laws mean more accurate and accountable governance, reducing the risks of misinterpretations that could lead to inefficiencies or oversight failures.
Stakeholder Impact
For specific stakeholders, such as Inspectors General and governmental agencies, the bill presents both opportunities and challenges:
Positive Impact: By aligning current practices with recent laws, the bill supports the consistent application of statutory requirements, potentially leading to better governance and reduced opportunities for fraud or misuse of government resources.
Negative Impact: The intricate and extensive nature of the updates could translate into a heavier administrative burden, potentially diverting focus from primary responsibilities. The need to communicate detailed justifications for certain actions or decisions could delay critical processes, affecting operational efficiency.
In summary, while H. R. 7326 serves a crucial role in maintaining legal congruence and technical correctness, it also highlights the complexities involved in legislative updates and the balance between detailed compliance and effective governance. The intricacies of the bill imply a careful approach is needed to ensure efficient implementation without overwhelming governmental functions with unnecessary procedural burdens.
Financial Assessment
The bill H.R. 7326, titled "To amend chapters 4, 10, and 131 of title 5, United States Code," involves several financial references and implications mainly related to oversight and financial reporting processes. This commentary examines those references in the context of the bill's provisions and identified issues.
Summary of Financial References
The bill does not introduce new spending, appropriations, or direct financial allocations. Instead, it focuses on the financial oversight and reporting related to government operations, particularly through amendments to Title 5, United States Code. The financial references primarily involve "questioned costs," "unsupported costs," and recommendations for funds to be put to better use. These terms relate to financial accountability and serve as audit controls within various federal establishments.
Financial Reporting and Oversight
The bill requires comprehensive financial reporting by Inspectors General, which includes identifying the dollar value of "questioned costs" and "unsupported costs." These terms are essential for assessing the financial integrity and accountability within government programs. However, the definitions and interpretations of these terms could lead to inconsistencies, as highlighted in the issues section. This concern emphasizes the potential challenge in consistently applying financial accountability standards across different government entities.
Detailed Reporting Obligations
The requirement for extensive reports, as seen in Section 405(b), involves identifying potential cost savings and reporting on disallowed costs and recommended improvements. This aspect aims to enhance financial transparency and accountability in government programs. However, the administrative burden of such detailed reporting requirements could detract from the core inspection duties of the Inspectors General. This issue underscores the balance needed between thorough financial oversight and the efficient use of government resources.
Impacts of Specific Financial Terms
The terms "questioned costs" and "unsupported costs" are crucial within the financial narratives of the bill. These terms can impact the effectiveness of financial oversight. Inconsistent application due to vague definitions could lead to financial oversight challenges, potentially hindering accountability efforts.
Conclusion
Overall, while H.R. 7326 does not specifically allocate or change appropriations, it significantly impacts financial oversight processes. The bill emphasizes financial transparency and accountability within federal operations by mandating comprehensive reporting and identifying questionable financial practices. These measures aim to ensure government resources' responsible and efficient use while posing challenges related to administrative burdens and potential inconsistencies in financial term interpretations.
Issues
The requirement for detailed and case-specific communication by the President before the removal or transfer of Inspectors General (Section 403(b)(1)) may lead to subjective interpretations and a lack of clarity on what constitutes sufficient rationale, impacting the transparency and accountability of leadership changes.
The complex requirements for the placement of Inspectors General on non-duty status (Section 403(b)(2)) may result in ambiguity and uncertainty, affecting the timely and effective management of personnel within government establishments.
The use of terms like 'questioned costs' and 'unsupported costs' in Section 405(a)(4) and related subsections could lead to inconsistencies in interpretation and application, affecting financial accountability and oversight.
The amendment process requires statutory changes to be communicated and explained in detail, possibly burdening governmental resources and leading to inefficiencies (Sections 405 and 403(h)).
The redaction criteria for publicly accessed reports are vague (Section 13107(c)(3)), creating potential for inconsistent application of privacy protections and reduced transparency for public scrutiny.
The extensive requirements for semiannual reports (Section 405(b)) are administratively burdensome, potentially detracting from the core objectives of inspection and reporting functions of Inspectors General.
Increased oversight and requirements for Inspectors General concerning external responses to their reports (Section 405(h)(6)) could burden them with additional obligations, affecting their primary duties.
The language used in defining terms like 'incorporated amendment' and 'original amendment' (Section 5) is complex, potentially leading to misunderstandings and impeding legal clarity for those unfamiliar with legal terminology.
The transitional and savings provisions (Section 5) lack clarity about the specific impacts and benefits of incorporated amendments, which may obscure the significance and consequences of the changes enacted.
Frequent cross-references to other statutes (Section 4) create potential confusion, requiring additional research for a thorough understanding, and increasing the risk of errors in legislative application.
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 table of contents outlines the various sections of the Act, starting with the table of contents itself, followed by sections on the purpose of the Act and its impact on existing laws, amendments to specific chapters of the United States Code, conforming amendments, and provisions for transition and savings.
2. Purpose; EFFECT ON existing law Read Opens in new tab
Summary AI
The section outlines that the purpose of the Act is to update certain U.S. legal chapters by incorporating newer laws and correcting technical errors, ensuring those chapters remain up-to-date without altering their original meaning or effect.
3. Amendments to chapters 4, 10, and 131 of title 5, united states code Read Opens in new tab
Summary AI
The amendments modify various sections of Title 5 of the United States Code related to the procedures and powers of Inspectors General, defining their roles, reporting requirements, and the processes for their removal or transfer. They also address the oversight responsibilities of Inspectors General concerning different federal entities, ensure public access to certain reports, and enhance the transparency and accountability of their operations.
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) [title VIII], 31 U.S.C. 3512 note); “(8)(A) an appendix containing the results of any peer review conducted by another Office of Inspector General during the reporting period; or “(B) if no peer review was conducted within that reporting period, a statement identifying the date of the last peer review conducted by another Office of Inspector General; “(9) a list of any outstanding recommendations from any peer review conducted by another Office of Inspector General that have not been fully implemented, including a statement describing the status of the implementation and why implementation is not complete; “(10) a list of any peer reviews conducted by the Inspector General of another Office of the Inspector General during the reporting period, including a list of any outstanding recommendations made from any previous peer review (including any peer review conducted before the reporting period) that remain outstanding or have not been fully implemented; “(11) statistical tables showing— “(A) the total number of investigative reports issued during the reporting period; “(B) the total number of persons referred to the Department of Justice for criminal prosecution during the reporting period; “(C) the total number of persons referred to State and local prosecuting authorities for criminal prosecution during the reporting period; and “(D) the total number of indictments and criminal informations during the reporting period that resulted from any prior referral to prosecuting authorities; “(12) a description of the metrics used for developing the data for the statistical tables under paragraph (11); “(13) a report on each investigation conducted by the Office where allegations of misconduct were substantiated involving a senior Government employee or senior official (as defined by the Office) 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. “
405. Reports Read Opens in new tab
Summary AI
The text outlines the requirements for semiannual reports to be prepared by each Inspector General, including definitions of key terms like "disallowed costs" and "questioned costs." It specifies what these reports should include, such as listings of significant problems or investigations, and details how these reports should be shared with both Congress and the public, while ensuring that certain sensitive information is kept confidential.
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) [title VIII], 31 U.S.C. 3512 note); (8)(A) an appendix containing the results of any peer review conducted by another Office of Inspector General during the reporting period; or (B) if no peer review was conducted within that reporting period, a statement identifying the date of the last peer review conducted by another Office of Inspector General; (9) a list of any outstanding recommendations from any peer review conducted by another Office of Inspector General that have not been fully implemented, including a statement describing the status of the implementation and why implementation is not complete; (10) a list of any peer reviews conducted by the Inspector General of another Office of the Inspector General during the reporting period, including a list of any outstanding recommendations made from any previous peer review (including any peer review conducted before the reporting period) that remain outstanding or have not been fully implemented; (11) statistical tables showing— (A) the total number of investigative reports issued during the reporting period; (B) the total number of persons referred to the Department of Justice for criminal prosecution during the reporting period; (C) the total number of persons referred to State and local prosecuting authorities for criminal prosecution during the reporting period; and (D) the total number of indictments and criminal informations during the reporting period that resulted from any prior referral to prosecuting authorities; (12) a description of the metrics used for developing the data for the statistical tables under paragraph (11); (13) a report on each investigation conducted by the Office where allegations of misconduct were substantiated involving a senior Government employee or senior official (as defined by the Office) 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 involves updating various United States laws to replace references to older acts, such as the Inspector General Act of 1978, the Federal Advisory Committee Act, and the Ethics in Government Act of 1978, with their modern equivalents in the United States Code. This helps to ensure that legal references remain accurate and up-to-date with current legislative frameworks.
5. Transitional and savings provisions Read Opens in new tab
Summary AI
The text defines key terms related to amendments made by a specific section of a law, stating that these amendments do not alter other laws beyond keeping certain chapters of the U.S. Code up-to-date and correcting technical mistakes. It clarifies that the amendments maintain the original enactment date and do not modify the original amendments or any laws not already affected by them.