[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1761 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 1761

   To provide that the performance of duties by Federal officers of 
certain vacant offices of the Federal Government shall comply with the 
 requirements of sections 3345 through 3349 of title 5, United States 
  Code (commonly referred to as the ``Vacancies Act''), and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 16, 1998

   Mr. Byrd introduced the following bill; which was read twice and 
           referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
   To provide that the performance of duties by Federal officers of 
certain vacant offices of the Federal Government shall comply with the 
 requirements of sections 3345 through 3349 of title 5, United States 
  Code (commonly referred to as the ``Vacancies Act''), 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 ``Federal Vacancies Compliance Act of 
1998''.

SEC. 2. ENFORCEMENT OF TIME LIMITATION ON TEMPORARY FILLING OF 
              VACANCIES.

    (a) In General.--Chapter 33 of title 5, United States Code, is 
amended by inserting after section 3348 the following new section:
``Sec. 3348a. Enforcement of time limitation on temporary filling of 
              vacancies
    ``(a)(1) An individual who performs the duties of an office in any 
Executive agency (other than the General Accounting Office) that has 
been filled temporarily in excess of any 120-day period time limitation 
under section 3348 may not receive pay for each day such duties are 
performed.
    ``(2) Pay not received under paragraph (1) shall be forfeited and 
may not be paid as backpay.
    ``(3) Notwithstanding section 1342 of title 31, paragraph (1) shall 
apply regardless of an individual performing the duties of another 
office or position in addition to performing the duties of the vacant 
office.
    ``(b) On the first day of each month the Director of the Office of 
Management and Budget shall submit to the Comptroller General of the 
United States a report containing--
            ``(1) the name of each officer of an Executive agency 
        (other than the General Accounting Office) filling an office 
        temporarily as described under section 3348(a);
            ``(2) the date on which each officer named under paragraph 
        (1) began filling the applicable office temporarily;
            ``(3) the date upon which each office being temporarily 
        filled became vacant; and
            ``(4) the date upon which any nomination to fill any such 
        vacancy was submitted to the Senate.
    ``(c) If the Comptroller General of the United States makes a 
determination that a violation of any 120-day period time limitation 
under section 3348 has occurred, the Comptroller General shall submit a 
report of such determination to each House of Congress, the President, 
the Secretary of the Treasury, and the Office of Personnel 
Management.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 33 of title 5, United States Code, is amended by inserting 
after the item relating to section 3348 the following:

``3348a. Enforcement of time limitation on temporary filling of 
                            vacancies.''.

SEC. 3. SUPERSEDING PROVISIONS.

    Sections 3345, 3346, 3347, 3348, 3348a (as added by section 2 of 
this Act), and 3349 of title 5, United States Code (commonly referred 
to as the ``Vacancies Act''), shall supersede any other provision of 
law, except any provision that--
            (1) specifically cites any such section of title 5, United 
        States Code; and
            (2) states that such provision specifically supersedes such 
        section of title 5, United States Code.

SEC. 4. APPLICATION TO PENDING NOMINATIONS.

    Section 3348a(a) of title 5, United States Code (as added by 
section 2 of this Act), shall not apply to any individual whose 
nomination to an office is pending before the Senate on the date 
occurring 120 days after the date of enactment of this Act with respect 
to the office such individual is temporarily filling.

SEC. 5. EFFECTIVE DATE.

    This Act shall take effect on the date of enactment of this Act, 
except that subsection (a) of section 3348a of title 5, United States 
Code (as added by section 2 of this Act) shall take effect 120 days 
after the date of enactment of this Act.
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