Overview
Title
An Act To amend provisions relating to the Office of the Inspector General of the Government Accountability Office, and for other purposes.
ELI5 AI
The "GAO Inspector General Parity Act" is like a rule that makes sure a special watchdog, called the Inspector General, has enough money to do their job and can't easily be moved without telling the big decision-makers in Congress why. It also lets this watchdog get help from their own advice person to make sure everything is fair.
Summary AI
The bill, known as the "GAO Inspector General Parity Act," aims to amend certain rules governing the Office of the Inspector General within the Government Accountability Office (GAO). It specifies that if the Inspector General is removed, transferred, or placed on non-duty status, the Comptroller General must provide a detailed written explanation to Congress in advance, unless the Inspector General poses a specific threat. Additionally, the bill requires that the Inspector General's annual budget request is included in the GAO's budget unchanged and allows the Inspector General to obtain independent legal advice.
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AnalysisAI
General Summary of the Bill
The bill, titled the "GAO Inspector General Parity Act," is designed to amend the legal provisions pertaining to the Office of the Inspector General within the Government Accountability Office (GAO). This legislation primarily aims to clarify the authority and conditions under which the Inspector General can be removed, transferred, or have their duty status changed. Additionally, it addresses budgetary independence and the acquisition of legal advice by the Inspector General's Office. The bill mandates that any changes regarding the Inspector General must be substantiated with detailed reasons and communicated to both Houses of Congress.
Summary of Significant Issues
Several issues arise from the provisions of this bill:
Communication and Procedures: The requirement for the Comptroller General to provide detailed and case-specific reasons to Congress for the removal or transfer of the Inspector General could be viewed as administrative overreach. This level of transparency, while ensuring accountability, could slow down the ability to make swift personnel decisions when needed.
Restrictions on Status Change: There is a restriction on altering the duty status of the Inspector General within 30 days of a proposed transfer or removal unless a specific threat is identified. This can impede the Comptroller General's discretion in dealing with potentially problematic situations that require prompt action.
Budget Submission: The Comptroller General is required to submit the Inspector General's budget request as it is, without changes. This stipulation might limit the broader budgetary oversight responsibilities and fiscal management capability of the Comptroller General.
Legal Advice: The bill necessitates that the Inspector General obtain legal advice solely from a counsel reporting directly to them or another Inspector General. This requirement could pose logistical challenges, especially if there is a scarcity of eligible legal advisors.
Impact on the Public Broadly
The bill is structured to enhance the transparency and accountability of the GAO, which plays a crucial role in government oversight. By ensuring that any significant personnel changes within the Inspector General's Office are thoroughly documented and communicated, the legislation seeks to uphold public confidence in the integrity of government operations. However, the detailed procedural requirements may result in slower administrative processes, which might affect the GAO's efficiency in responding to dynamic oversight needs.
Impact on Specific Stakeholders
For the members of Congress and oversight bodies, the bill provides a means to maintain closer scrutiny over the functioning of the GAO's Inspector General's Office. This shift towards increased transparency can help these bodies ensure that the Inspector General operates with independence and impartiality.
Conversely, the GAO and its leadership, particularly the Comptroller General, might experience an increase in administrative burdens due to the requirement to document and justify personnel actions. This could potentially impede effective personnel management and decision-making processes within the agency.
Lastly, the Inspector General’s Office might benefit from greater independence in terms of budget and legal advisement, which can bolster its operational autonomy. However, acquiring this independence might bring about organizational challenges, such as securing appropriate staffing and resources under the rigid structures defined by the bill.
Financial Assessment
The "GAO Inspector General Parity Act" includes specific financial provisions that affect how money is referenced and managed within the Government Accountability Office (GAO). These financial references play a significant role in understanding the potential impacts of the bill.
Financial Summary
One of the primary financial elements in the bill is the requirement that the Inspector General's annual budget request be included in the GAO's budget without change. This means that whatever amount the Inspector General decides is necessary for their operations must be incorporated directly into the GAO's overall budget submission to Congress. The intention behind this provision is to ensure that the Office of the Inspector General has the financial independence required to perform its functions without interference or alteration by the Comptroller General.
Relationship to Identified Issues
The obligation to include the Inspector General's budget request in the GAO's budget without modification might pose challenges for the Comptroller General in managing the agency's overall budget. The Comptroller General is usually tasked with balancing priorities across the GAO, which often requires adjusting budget allocations to meet evolving needs and financial constraints. This provision could potentially restrict fiscal flexibility and may impact the Comptroller General’s ability to exercise fiscal responsibility for the agency as a whole.
Moreover, the absence of the ability to adjust the Inspector General’s budget could lead to potential inefficiencies, as the Comptroller General could struggle to reallocate resources to areas that might need more attention or to underfunded sections within the GAO. This rigidity might affect the GAO's broader operations and its ability to respond to unforeseen fiscal requirements.
By ensuring an unchanged budget request for the Inspector General, the bill aims to reinforce the Inspector General's autonomy but might inadvertently create logistical and budgeting challenges for the Comptroller General, particularly in times of financial stress or when budgetary adjustments are critical.
Issues
The requirement in Section 2 for the Comptroller General to communicate detailed and case-specific reasons for the removal, transfer, or change in status of the Inspector General to both Houses of Congress could be seen as burdensome and might potentially slow down necessary personnel actions.
The provision in Section 2 that the Comptroller General cannot change the duty status of the Inspector General within 30 days of removal or transfer unless a specific threat is determined may be restrictive and could delay important administrative decisions.
The mandate in Section 2 that the Inspector General's budget request must be included in the GAO's budget without change may limit the Comptroller General's ability to effectively manage the overall budget, potentially impacting fiscal responsibility.
The clause in Section 2 requiring the Inspector General to obtain legal advice from a counsel reporting directly to them or another Inspector General could create logistical challenges or resource constraints, especially if the required personnel are unavailable.
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
Section 1 states that this law can be officially referred to as the “GAO Inspector General Parity Act.”
2. Office of the Inspector General of the Government Accountability Office Read Opens in new tab
Summary AI
The section outlines procedures for the removal, transfer, or status change of the Inspector General at the Government Accountability Office. It requires the Comptroller General to notify Congress in writing with detailed reasons for such actions, establishes budget independence for the Inspector General, and mandates that the Inspector General can obtain independent legal advice.
Money References
- “(D) Nothing in this paragraph shall prohibit a personnel action otherwise authorized by law, other than transfer or removal.”; (B) by redesignating paragraph (3) as paragraph (4); and (C) by inserting after paragraph (2) the following: “(3)(A) Subject to the other provisions of this paragraph, only the Comptroller General may place the Inspector General on non-duty status. “(B) If the Comptroller General places the Inspector General on non-duty status, the Comptroller General shall communicate in writing the substantive rationale, including detailed and case-specific reasons, for the change in status to both Houses of Congress (including to the appropriate congressional committees) not later than 15 days before the date on which the change in status takes effect, except that the Comptroller General may submit that communication not later than the date on which the change in status takes effect if— “(i) the Comptroller General has made a determination that the continued presence of the Inspector General in the workplace poses a specific threat; and “(ii) in the communication, the Comptroller General includes a report on the determination described in clause (i), which shall include— “(I) the substantive rationale, including detailed and case-specific reasons, for the determination made under clause (i); “(II) an identification of each entity that is conducting, or that conducted, any inquiry upon which the determination under clause (i) was made; and “(III) in the case of an inquiry described in subclause (II) that is completed, the findings made during that inquiry. “(C) The Comptroller General may not place the Inspector General on non-duty status during the 30-day period preceding the date on which the Inspector General is removed or transferred under paragraph (2)(A) unless the Comptroller General— “(i) has made a determination that the continued presence of the Inspector General in the workplace poses a specific threat; and “(ii) not later than the date on which the change in status takes effect, submits to both Houses of Congress (including to the appropriate congressional committees) a written communication that contains the information required under subparagraph (B), including the report required under clause (ii) of that subparagraph. “(D) Nothing in this paragraph may be construed to limit or otherwise modify any statutory protection that is afforded to the Inspector General or a personnel action that is otherwise authorized by law.”; (2) in subsection (f)— (A) by striking “The Comptroller General” and inserting the following: “(1) PROHIBITION.—The Comptroller General”; and (B) by adding at the end the following: “(2) BUDGET INDEPENDENCE.—The Comptroller General shall include the annual budget request of the Inspector General in the budget of the Government Accountability Office without change.”; and (3) in subsection (g)— (A) in paragraph (1), in the second sentence, by striking “, except that no personnel of the Office may be paid at an annual rate greater than $1,000 less than the annual rate of pay of the Inspector General”; and (B) by adding at the end the following: “(5) LEGAL ADVICE.—The Inspector General shall, in accordance with applicable laws and regulations governing selections, appointments, and employment at the Government Accountability Office, obtain legal advice from a counsel reporting directly to the Inspector General or another Inspector General.”. ---