Overview
Title
To amend title 5, United States Code, to require any member of the President’s cabinet who is temporarily unable to perform the functions and duties of office to provide notice to the President, the Congress, and the public of their absence, and for other purposes.
ELI5 AI
In this bill, if a President's helper, like a superhero in the government, can't do their job for a bit, they need to tell the President, Congress, and the people. This helps everyone know who's in charge if someone important is away.
Summary AI
H.R. 7622, also known as the "Announcement of Unavailability by Secretaries Through Informational Notifications Act of 2024" or the "AUSTIN Act of 2024," proposes an amendment to Title 5 of the United States Code. The bill requires any cabinet member who cannot perform their duties to notify the President, Congress, and the public. If a cabinet member is unable to report their absence, designated employees from their agency must provide the necessary notification. Additionally, the bill allows for a national security waiver and outlines penalties for non-compliance.
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AnalysisAI
Summary of the Bill
The legislation, referred to as H.R. 7622 or the "Announcement of Unavailability by Secretaries Through Informational Notifications (AUSTIN) Act of 2024," mandates that members of the President's cabinet must inform the President, Congress, and the public if they are temporarily unable to fulfill their duties due to reasons such as illness. The act also requires that this notification be made public via the agency's website within 24 hours. Designees are appointed to handle these notifications if the cabinet official themselves cannot, and the President can waive public disclosure if it poses a national security risk. Violations of these requirements may lead to penalties, including suspension of salary payments and possible job termination.
Significant Issues
Several notable concerns stem from this legislation. The national security waiver provision gives considerable discretion to the President, which might lead to potential misuse if notifications are concealed without justifiable reasons. Additionally, the authority granted to congressional leaders to publish waived notifications introduces potential conflicts and inconsistencies.
The definition of "cabinet-level official" is broad, potentially leading to confusion regarding who exactly falls under its scope. Furthermore, exempting designees from the Privacy Act when publishing these notifications raises privacy concerns. The bill's penalty mechanisms appear vague, lacking clear procedures for enforcement, which might weaken compliance incentives.
Impact on the Public
For the general public, this bill introduces more transparency regarding high-ranking officials' availability. Knowing when a cabinet member cannot perform their duties could foster accountability and public trust, provided the information is made available appropriately and timely. However, the process's complexity and the potential for misuse of waivers might impede these objectives.
Impact on Specific Stakeholders
Cabinet Officials: The bill imposes additional administrative requirements on cabinet-level officials, who must ensure timely notifications. This could prove burdensome, particularly in urgent situations where their focus might need to be elsewhere.
Congressional Leaders: The bill grants more oversight and transparency power to congressional leaders. However, this could also lead to political disputes, particularly if interpretations of what constitutes a national security exemption differ between branches of government.
Designated Employees: Designees tasked with notifications may face increased responsibilities and pressure, especially with the Privacy Act exemption, which might expose them to risks associated with handling sensitive information.
Overall, while the AUSTIN Act aims to enhance accountability within the executive branch, its implementation might face challenges in addressing transparency, privacy, and administrative burden, making its impact complex and potentially contentious.
Issues
The national security waiver process, as outlined in Section 3349f (a)(4), relies heavily on the President's discretion, which could potentially lead to a lack of transparency and accountability if not handled judiciously. This could raise concerns about potential overuse or misuse of the waiver for reasons that might not always be truly in the interest of national security.
The provision in Section 3349f (a)(4)(B) allowing any of the congressional leaders to publish notifications waived by the President could create conflicts and inconsistencies. This gives individual leaders significant authority without clear procedural guidelines and could result in political disputes.
The definition of 'cabinet-level official' in Section 3349f (e)(1) might be overly broad, as it includes 'any other officer or employee who is a member of the President's cabinet' without specifying which positions this entails. This lack of specificity might lead to confusion or inconsistent application.
The Privacy Act exemption for individuals designated to make notifications in Section 3349f (c)(4) raises concerns about personal data protection and the potential for inappropriate disclosure of personal information.
The enforcement mechanisms in Section 3349f (d) lack specificity on procedures for determining violations and implementing penalties, potentially weakening the deterrence against non-compliance.
The requirement in Section 3349f (a)(1)(B) for cabinet-level officials to publish notifications on their public website within 24 hours may be burdensome, especially in emergency situations where immediate focus should be on addressing the urgent matter rather than documentation.
The inclusion of multiple congressional leaders as recipients of notifications in Section 3349f (a)(1)(A) could cause delays or confusion, especially in time-sensitive situations, due to the bureaucratic challenges of coordinating between various offices.
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 the act states the official short title, which is the “Announcement of Unavailability by Secretaries Through Informational Notifications Act of 2024” or simply the “AUSTIN Act of 2024”.
2. Notification of inability to perform functions and duties of cabinet-level positions Read Opens in new tab
Summary AI
Cabinet-level officials are required to notify the President and Congress if they are unable to perform their duties and publish this information on their agency's public website. If unable to do so themselves, a designated employee must handle the notification, while the President can waive the publication for national security reasons. It is unlawful to withhold such information, and violators may face penalties, including termination of employment.
3349f. Notification of inability to perform functions and duties of cabinet-level position Read Opens in new tab
Summary AI
Cabinet-level officials are required to notify the President and congressional leaders, as well as post on their agency's website, if they can't do their duties due to illness or other reasons. If national security is a concern, the President can keep the notification off the public record, although congressional leaders can override this. If the official cannot notify, a designated employee will do it. It's illegal for officials to hide this information, and violations can lead to fund restrictions and job termination. Definitions of "cabinet-level official" and "congressional leaders" are provided.