[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7622 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 7622
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 12, 2024
Mr. Clyde (for himself, Mr. McCormick, Mr. Mooney, Mrs. Miller of
Illinois, Mr. Hunt, Ms. Boebert, Mr. Rosendale, Mr. Brecheen, Mr.
Gosar, Mr. Burlison, Mr. Harris, Mr. Palmer, and Mr. Crane) introduced
the following bill; which was referred to the Committee on Oversight
and Accountability
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Announcement of Unavailability by
Secretaries Through Informational Notifications Act of 2024'' or the
``AUSTIN Act of 2024''.
SEC. 2. NOTIFICATION OF INABILITY TO PERFORM FUNCTIONS AND DUTIES OF
CABINET-LEVEL POSITIONS.
(a) In General.--Subchapter III of chapter 33 of title 5, United
States Code, is amended by inserting after section 3349e the following:
``Sec. 3349f. Notification of inability to perform functions and duties
of cabinet-level position
``(a) Notification.--
``(1) In general.--If any cabinet-level official is unable
to perform the functions and duties of their office, including
during any absence due to illness, the cabinet-level official
shall--
``(A) submit a notification (in writing) to the
President and congressional leaders; and
``(B) publish, on the public website of the
cabinet-level official's employing agency, the
notification not later than 24 hours after submitting
such notification.
``(2) Contents.--Any notification submitted under paragraph
(1) shall include--
``(A) a description of the reasons the cabinet-
level official is unable to perform the functions and
duties of their office; and
``(B) a timeline setting forth the first day the
cabinet-level official will be unable to perform the
functions and duties of their office and the date the
cabinet-level official expects to be able to resume
performance of such functions and duties.
``(3) Date of submission.--Except as provided in subsection
(c), the cabinet-level official shall submit notice under this
subsection before such cabinet-level official is unable to
perform the functions and duties of their office.
``(4) National security waiver.--
``(A) In general.--The President may waive the
publication requirement under paragraph (1)(B) if the
President determines such publication would severely
jeopardize United States national security. The
President shall submit a notice of such waiver (in
writing) to the congressional leaders with a detailed
explanation of the reasons for the waiver.
``(B) Publication.--Notwithstanding subclause (A),
any of the congressional leaders may publish the
applicable notification waived under such subclause if
that congressional leader determines the President's
reasons under such subclause do not merit the waiver.
``(b) End of Period of Absence.--Any cabinet-level official who,
after a period of inability to perform the functions and duties of the
office, shall--
``(1) on the date such official is able to resume the
performance of such functions and duties, submit a notification
(in writing) to the President and the congressional leaders;
and
``(2) publish, on the public website of the cabinet-level
official's employing agency, the notification not later than 24
hours after submitting such notification.
``(c) Designee.--
``(1) In general.--If the cabinet-level official is
incapacitated or otherwise unable to carry out subsection (a)
or (b), the individuals designated under this subsection shall
make the notifications and publications required under such
subsections (a) and (b).
``(2) Designation.--Not later than 60 days after the date a
cabinet-level official assumes the duties of their office, the
cabinet-level official--
``(A) shall designate at least one employee of the
employing agency of the cabinet-level official to carry
out this subsection; and
``(B) submit, to the congressional committees of
jurisdiction, a report identifying each employee
designated under subparagraph (A).
``(3) New designee.--The cabinet-level official may
designate any other employees if the individuals designated
under paragraph (2) are unable or no longer eligible to carry
out the duties of a designee under this subsection. On the date
of such a subsequent designation, the cabinet-level official
shall submit, to the congressional committees of jurisdiction,
a notification of the change in designees.
``(4) Privacy act.--Section 552a (popularly known as the
Privacy Act of 1974) shall not apply to any individual
designated under this subsection for purposes of making the
notice and publication required by this section.
``(d) Enforcement.--
``(1) Offense.--It shall be unlawful for any cabinet-level
official or any designee under subsection (c) to knowingly--
``(A) withhold information that prevents the
implementation of this section; or
``(B) fail to carry out this section.
``(2) Penalty.--No Federal funds may be used for the salary
or expenses of any person who violates paragraph (1). It is the
sense of Congress that such person's employment with the United
States should be immediately terminated and such person should
be subject to debarment.
``(e) Definitions.--In this section--
``(1) the term `cabinet-level official' means--
``(A) the head of any Executive department (as that
term is defined in section 101); and
``(B) any other officer or employee who is a member
of the President's cabinet; and
``(2) the term `congressional leaders' means the Speaker of
the House of Representatives, the minority leader of the House
of Representatives, the majority leader of the Senate, the
minority leader of the Senate, the chair and ranking member of
any committee of jurisdiction of the House of Representatives
or the Senate, the chair and ranking member of the Committee on
Oversight and Accountability of the House of Representatives,
and the chair and ranking member of the Committee on Homeland
Security and Governmental Affairs of the Senate.''.
(b) Clerical Amendment.--The table of sections for subchapter III
of chapter 33 of title 5, United States Code, is amended by inserting
after the item relating to section 3349e the following:
``3349f. Notification of inability to perform functions and duties of
cabinet-level position.''.
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