[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7622 Introduced in House (IH)]

<DOC>






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.''.
                                 <all>