I 
116TH CONGRESS 
2D SESSION 
H. R. 8481 
To amend the provisions of title 5, United States Code, relating to the 
Federal Vacancies Reform Act of 1998, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 1, 2020 
Mr. COHEN introduced the following bill; which was referred to the Committee 
on Oversight and Reform 
A BILL 
To amend the provisions of title 5, United States Code, 
relating to the Federal Vacancies Reform Act of 1998, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as ‘‘Appointments Clause En-
forcement Act of 2020’’. 
SEC. 2. MODIFICATIONS TO FEDERAL VACANCIES REFORM 
ACT OF 1998. 
(a) ACTING OFFICER.— 
(1) FIRST
ASSISTANTS.—Section 3345(a) of 
title 5, United States Code, is amended— 
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(A) in paragraph (1), by adding at the end 
before the semi-colon the following: ‘‘, but only 
if the individual serving in the position of first 
assistant has occupied such position for the pe-
riod of 120 days immediately preceding the 
date of the death, resignation, or beginning of 
inability to serve (as the case may be)’’; and 
(B) by adding at the end the following: 
‘‘(d)(1) For purposes of this section, beginning on the 
date that is 180 days after the date of enactment of the 
Appointments Clause Enforcement Act of 2020, a position 
shall be considered to be the first assistant to the office 
with respect to which a vacancy occurs only if such posi-
tion has been designated by law, rule, or regulation as the 
first assistant position. 
‘‘(2) With respect to any office to which this section 
and sections 3346, 3347, 3349, 3349a, 3349b, 3349c, and 
3349d apply that is established after the date that is 180 
days after the date of enactment of this subsection that 
does not have a first assistant position designated by law, 
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 60 days after such date of establish-
ment.’’. 
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(2) PRESIDENTIAL
APPOINTMENTS.—Section 
3345(a) of title 5, United States Code, as amended 
by paragraph (1), is further amended— 
(A) in paragraph (2), 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 120 days 
immediately preceding the date on which such 
vacancy occurs’’; and 
(B) in paragraph (3), 
(i) by striking ‘‘and’’ at the end of 
subparagraph (A); and 
(ii) by striking subparagraph (B) and 
inserting the following: 
‘‘(B) the officer or employee occupies— 
‘‘(i) a career position described under 
subparagraph (A) with a rate of pay equal 
to or greater than the minimum rate of 
pay payable for a position at GS–15 of the 
General Schedule; or 
‘‘(ii) a position described under sub-
paragraph (A) that is a position in the 
Senior Executive Service; and 
‘‘(C) possess the qualifications (if any) set 
forth in law, rule, or regulation that are other-
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wise applicable to an individual appointed by 
the President, by and with the advice and con-
sent of the Senate, to occupy such office.’’. 
(3) IDENTIFICATION OF FIRST ASSISTANT POSI-
TION; DUTIES.—Section 3345 of title 5, United 
States Code, as amended by paragraph (1), is fur-
ther amended by adding at the end the following: 
‘‘(e)(1) Not later than 180 days after the date of en-
actment of the Appointments Clause Enforcement Act of 
2020, with respect to any office within such agency to 
which this section and sections 3345, 3346, 3347, 3348, 
3349a, 3349b, 3349c, and 3349d apply, the head of each 
Executive agency shall issue regulations listing— 
‘‘(A) the first assistant position to such office; 
and 
‘‘(B) the nondelegable duties of such office. 
‘‘(2) With respect to any office established after such 
date of enactment to which this section and sections 3345, 
3346, 3347, 3348, 3349a, 3349b, 3349c, and 3349d 
apply, not later than 180 days after the date such office 
is established, the head of the Executive agency at which 
such office is located shall issue regulations containing the 
information described under subparagraphs (A) and (B) 
of paragraph (1). 
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(B) Sections 3348(c) and 3349(b) of such 
title is amended by striking ‘‘210-day period’’ 
in each instance and inserting ‘‘120-day or 60- 
day period (as the case may be)’’. 
(d) PRIVATE RIGHT OF ACTION.—Section 3348(d) of 
title 5, United States Code, is amended by inserting at 
the end the following: 
‘‘(3) A person harmed by such an action may 
bring an action in an appropriate district court of 
the United States for declaratory and injunctive re-
lief, including the removal of such person from the 
acting official position. Nothing in this paragraph 
shall be construed to supersede or otherwise limit 
any provision of law providing employment protec-
tions to such person, including the provisions of 
chapter 75.’’. 
(e) EXCLUSIVITY.—Section 3347 of title 5, United 
States Code, is amended— 
(1) by redesignating subsection (b) as sub-
section (c); and 
(2) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) Notwithstanding subsection (a), any statutory 
provision covered under paragraph (1) of such subsection 
that provides a mandatory order or directive to designate 
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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 act-
ing official to perform the functions and duties of such 
office.’’. 
(f) GAO REPORTS.—Section 3349 of title 5, United 
States Code, is amended— 
(1) in subsection (b), by striking paragraphs 
(1) and (2) and inserting the following: 
‘‘(1) the Committee on Homeland Security and 
Governmental Affairs of the Senate; 
‘‘(2) the Committee on Oversight and Reform 
of the House of Representatives;’’; and 
(2) by adding at the end the following: 
‘‘(c) The Comptroller General shall publish and main-
tain, on the public Internet website of the Government Ac-
countability Office, a database containing— 
‘‘(1) a list of each office to which this section 
and sections 3345, 3346, 3347, 3348, 3349a, 
3349b, and 3349c apply; and 
‘‘(2) with respect to any such office so listed— 
‘‘(A) the name of the individual occupying, 
and the date the individual was appointed to, 
the office; 
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‘‘(B) if the office is vacant, the date the 
vacancy commenced, the number of days of the 
vacancy, and the name of the individual (if any) 
nominated to serve in the office; 
‘‘(C) if the office is occupied by an acting 
official, the name of the acting official, the date 
on which the acting official first occupied the 
office, and the number of days the acting offi-
cial has occupied the office; 
‘‘(D) the position designated as a first as-
sistant position under section 3345(d); 
‘‘(E) the name of the individual occupying, 
and the date such individual was appointed to, 
such first assistant position; and 
‘‘(F) a citation to the regulations issued 
under section 3345(e), including a hyperlink (if 
any) to such regulations.’’. 
(g) COURT-APPOINTED OFFICIALS.— 
(1) IN GENERAL.—Subchapter III of chapter 
33 of title 5, United States Code, is amended by in-
serting after section 3349d the following: 
‘‘§ 3349e. Court-appointed officials removed by Presi-
dent 
‘‘If an officer of an Executive agency whose appoint-
ment to office was made by a court, including any indi-
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vidual appointed under section 546(d) of title 28, is re-
moved from such office by the President, such court shall 
have the sole authority to appoint an individual to carry 
out the duties of such office until the vacancy is filled.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for such subchapter is amended by adding 
after the item relating to section 3349d the fol-
lowing: 
‘‘3349e. Court-appointed officials removed by President.’’. 
(h) RULE OF CONSTRUCTION.—This Act and the 
amendments made by this Act shall apply to any office 
to which sections 3345, 3346, 3347, 3349, 3349a, 3349b, 
3349c, and 3349d of title 5, United States Code, apply 
established before, on, or after the date of enactment of 
this Act. 
(i) SEVERABILITY.—If any provision of this Act or 
an amendment made by this Act, or the application of a 
provision or amendment to any person or circumstance, 
is held to be invalid for any reason in any court of com-
petent jurisdiction, the remainder of this Act and amend-
ments made by this Act, and the application of the provi-
sions and amendment to any other person or cir-
cumstance, shall not be affected. 
Æ 
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