AUSTIN Act of 2024

Subchapter III of chapter 33 of title 5, United States Code, is amended by inserting after section 3349e the following:

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.

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.

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.

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.

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.

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.

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).

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).

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.

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.

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.

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.

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.

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: