,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hdha ,,in ,,the ,,house ,,of ,,representatives ,october #a1 #bjbj ,mr4 ,cohen introduced the following bill2 which was referred to the ,committee on ,oversight and ,reform ,a ,,bill ,to amend the provisions of title #e1 ,united ,states ,code1 relating to the ,federal ,vacancies ,reform ,act of #aiih1 and for other purposes4 #a4 ,short title ,this ,act may be cited as ,appointments ,clause ,enforcement ,act of #bjbj4 #b4 ,modifications to ,federal ,vacancies ,reform ,act of #aiih 7a7 ,acting officer 7#a7 ,first assistants ,section #ccde7;a7 of title #e1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#a71 by adding at the end before the semi-colon the following3 1 but only if the individual serving in the position of first assistant has occupied such position for the period of #abj days immediately preceding the date of the death1 resignation1 or beginning of inability to serve 7as the case may be72 and 7,b7 by adding at the end the following3 7d7 7#a7 ,for purposes of this section1 beginning on the date that is #ahj days after the date of enactment of the ,appointments ,clause ,enforcement ,act of #bjbj1 a position shall be considered to be the first assistant to the office with respect to which a vacancy occurs only if such position has been designated by law1 rule1 or regulation as the first assistant position4 7#b7 ,with respect to any office to which this section and sections #ccdf1 #ccdg1 #ccdi1 #ccdi;a1 #ccdi;b1 #ccdi;c1 and #ccdi;d apply that is established after the date that is #ahj days after the date of enactment of this subsection that does not have a first assistant position designated by law1 the head of the ,executive agency at which such office is located shall designate a first assistant position not later than the date that is #fj days after such date of establishment4 4 7#b7 ,presidential appointments ,section #ccde7;a7 of title #e1 ,united ,states ,code1 as amended by paragraph 7#a71 is further amended-- 7,a7 in paragraph 7#b71 by striking who serves in an office and inserting who serves in an office within the same agency at which the vacancy occurs for the period of #abj days immediately preceding the date on which such vacancy occurs2 and 7,b7 in paragraph 7#c71 7i7 by striking and at the end of subparagraph 7,a72 and 7ii7 by striking subparagraph 7,b7 and inserting the following3 7,b7 the officer or employee occupies-- 7i7 a career position described under subparagraph 7,a7 with a rate of pay equal to or greater than the minimum rate of pay payable for a position at ,,gs-#ae of the ,general ,schedule2 or 7ii7 a position described under subparagraph 7,a7 that is a position in the ,senior ,executive ,service2 and 7,c7 possess the qualifications 7if any7 set forth in law1 rule1 or regulation that are otherwise applicable to an individual appointed by the ,president1 by and with the advice and consent of the ,senate1 to occupy such office4 4 7#c7 ,identification of first assistant position2 duties ,section #ccde of title #e1 ,united ,states ,code1 as amended by paragraph 7#a71 is further amended by adding at the end the following3 7e7 7#a7 ,not later than #ahj days after the date of enactment of the ,appointments ,clause ,enforcement ,act of #bjbj1 with respect to any office within such agency to which this section and sections #ccde1 #ccdf1 #ccdg1 #ccdh1 #ccdi;a1 #ccdi;b1 #ccdi;c1 and #ccdi;d apply1 the head of each ,executive agency shall issue regulations listing-- 7,a7 the first assistant position to such office2 and 7,b7 the nondelegable duties of such office4 7#b7 ,with respect to any office established after such date of enactment to which this section and sections #ccde1 #ccdf1 #ccdg1 #ccdh1 #ccdi;a1 #ccdi;b1 #ccdi;c1 and #ccdi;d apply1 not later than #ahj days after the date such office is established1 the head of the ,executive agency at which such office is located shall issue regulations containing the information described under subparagraphs 7,a7 and 7,b7 of paragraph 7#a74 7#c7 ,if the first assistant position or nondelegable duties are modified by law with respect to an office for which regulations have been issued under paragraph 7#a7 or 7#b71 the head of the ,executive agency at which such office is located shall update the regulations not later than #ahj days after the date that such modification takes effect4 4 7#d7 ,vacancy of ,inspector ,general positions ,section #ccde of title #e1 ,united ,states ,code1 as amended by paragraph 7#c71 is further amended by adding at the end the following3 7f7 7#a7 ,notwithstanding subsection 7a71 if an ,inspector ,general position that requires appointment by the ,president by and with the advice and consent of the ,senate to be filled is vacant1 the first assistant shall serve as the acting ,inspector ,general4 7#b7 ,if the first assistant position is vacant1 the first assistant is unable or unavailable to serve as acting ,inspector ,general1 or there is no first assistant position1 the acting ,inspector ,general shall be appointed by chief judge of ,united ,states ,district ,court for the ,district of ,columbia pursuant to paragraph 7#c74 7#c7 ,on the date an ,inspector ,general position becomes vacant1 the ,chair of the ,council of ,inspectors ,general for ,integrity and ,efficiency shall convene a committee of three ,inspectors ,general to recommend1 to the chief judge1 at least two candidates to serve as acting ,inspector ,general4 ,the committee shall submit its recommendation to the chief judge within #ad days after such date1 and the chief judge shall make the appointment within #ad days of receipt of the recommendations4 4 7b7 ,reasons for vacancy ,title #e1 ,united ,states ,code1 is amended-- 7#a7 in section #ccde-- 7,a7 in subsection 7a71 by inserting separates from the ,federal service1 placed on involuntary leave1 after resigns12 and 7,b7 by inserting separation from the ,federal service1 placement on involuntary leave1 after resignation1 in each instance2 and 7#b7 in section #ccdh7;b71 by inserting separates from the ,federal service1 placed on involuntary leave1 after resigns14 7c7 ,time limits 7#a7 ,in general ,section #ccdf7;a7 of title #e1 ,united ,states ,code1 is amended-- 7,a7 by striking paragraph 7#a7 and inserting the following3 7#a7 with respect to such person serving pursuant to paragraph 7#a7 of section #ccde7;a71 for no longer than #abj days beginning on the date the vacancy occurs2 7#b7 with respect to such person serving pursuant to paragraph 7#b7 or 7#c7 of such section1 for no longer than #fj days beginning on the date the vacancy occurs2 or 4 7#b7 ,presidential inaugural transition ,section #ccdi;a7b7 of title #e1 ,united ,states ,code1 is amended-- 7,a7 by striking #baj-;day period and inserting #abj-;day or #fj-;day period 7as the case may be72 and 7,b7 by striking #ij days in each instance and inserting #fj days4 7#c7 ,conforming amendments 7,a7 ,section #ccdf of title #e1 ,united ,states ,code1 is amended-- 7i7 in subsection 7b71 by striking #baj days in each instance and inserting #abj days or #fj days 7as the case may be72 and 7ii7 in subsection 7c71 by striking #baj-;day period and inserting #abj-;day or #fj-;day period 7as the case may be74 7,b7 ,sections #ccdh7;c7 and #ccdi7;b7 of such title is amended by striking #baj-;day period in each instance and inserting #abj-;day or #fj-;day period 7as the case may be74 7d7 ,private right of action ,section #ccdh7;d7 of title #e1 ,united ,states ,code1 is amended by inserting at the end the following3 7#c7 ,a person harmed by such an action may bring an action in an appropriate district court of the ,united ,states for declaratory and injunctive relief1 including the removal of such person from the acting official position4 ,nothing in this paragraph shall be construed to supersede or otherwise limit any provision of law providing employment protections to such person1 including the provisions of chapter #ge4 4 7e7 ,exclusivity ,section #ccdg of title #e1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7b7 as subsection 7c72 and 7#b7 by inserting after subsection 7a7 the following3 7b7 ,notwithstanding subsection 7a71 any statutory provision covered under paragraph 7#a7 of such subsection that provides a mandatory order or directive to designate an officer or employee to perform the functions and duties of a specified office temporarily in an acting capacity shall be the exclusive means for temporarily authorizing an acting official to perform the functions and duties of such office4 4 7f7 ,,gao reports ,section #ccdi of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b71 by striking paragraphs 7#a7 and 7#b7 and inserting the following3 7#a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7#b7 the ,committee on ,oversight and ,reform of the ,house of ,representatives2 2 and 7#b7 by adding at the end the following3 7c7 ,the ,comptroller ,general shall publish and maintain1 on the public ,internet website of the ,government ,accountability ,office1 a database containing-- 7#a7 a list of each office to which this section and sections #ccde1 #ccdf1 #ccdg1 #ccdh1 #ccdi;a1 #ccdi;b1 and #ccdi;c apply2 and 7#b7 with respect to any such office so listed-- 7,a7 the name of the individual occupying1 and the date the individual was appointed to1 the office2 7,b7 if the office is vacant1 the date the vacancy commenced1 the number of days of the vacancy1 and the name of the individual 7if any7 nominated to serve in the office2 7,c7 if the office is occupied by an acting official1 the name of the acting official1 the date on which the acting official first occupied the office1 and the number of days the acting official has occupied the office2 7,d7 the position designated as a first assistant position under section #ccde7;d72 7,e7 the name of the individual occupying1 and the date such individual was appointed to1 such first assistant position2 and 7,f7 a citation to the regulations issued under section #ccde7;e71 including a hyperlink 7if any7 to such regulations4 4 7g7 ,court-,appointed officials 7#a7 ,in general ,subchapter ,,iii of chapter #cc of title #e1 ,united ,states ,code1 is amended by inserting after section #ccdi;d the following3 #ccdi;e4 ,court-appointed officials removed by ,president ,if an officer of an ,executive agency whose appointment to office was made by a court1 including any individual appointed under section #edf7;d7 of title #bh1 is removed from such office by the ,president1 such court shall have the sole authority to appoint an individual to carry out the duties of such office until the vacancy is filled4 4 7#b7 ,clerical amendment ,the table of sections for such subchapter is amended by adding after the item relating to section #ccdi;d the following3 #ccdi;e4 ,court-appointed officials removed by ,president4 4 7h7 ,rule of construction ,this ,act and the amendments made by this ,act shall apply to any office to which sections #ccde1 #ccdf1 #ccdg1 #ccdi1 #ccdi;a1 #ccdi;b1 #ccdi;c1 and #ccdi;d of title #e1 ,united ,states ,code1 apply established before1 on1 or after the date of enactment of this ,act4 7i7 ,severability ,if any provision of this ,act or an amendment made by this ,act1 or the application of a provision or amendment to any person or circumstance1 is held to be invalid for any reason in any court of competent jurisdiction1 the remainder of this ,act and amendments made by this ,act1 and the application of the provisions and amendment to any other person or circumstance1 shall not be affected4