Office of SurpriseParty
S. Majority Leader
East Capitol St., NE
Washington, D.C. 20004
Office of RyanCBennett
S. Minority Whip
East Capitol St., NE
Washington, D.C. 20004
Public Law 49-2
49th Congress of the United States
AN ACT
To further ensure that the authority of the Senate to vote on nominees shall not be infringed, more specifically in the Executive Branch ignoring the Senate’s decision on various nominees by keeping them in their positions even after failing in the Senate, which is authorized within the U.S. Code, which is also a complete ignorance of the constitutionally-established system of checks and balances.
Be it enacted by the Senate and House of Representatives of the
United States in Congress assembled:
Section 1. Short title; effective date.
(a) This Act may be cited as the “Reorganization of ‘acting’ Positions”.
(b) This Act shall take effect immediately upon enactment.
(c) Any piece of legislation in conflict with any of the provisions within this Act are hereby repealed.
(d) No Act of Congress enacted after the passage of this Act shall supersede any provision of this Act unless it does so in specific terms, referring to this Act, and declaring that the new law supersedes each specific conflicting provision of this Act.
(e) This Act shall be severable, such that if one provision is superseded, repealed, or struck down by the courts, the remaining provisions shall stand; judicial review shall extend to a specific provision or provisions, should it or they be unconstitutional, and not to the Act as a whole unless the entirety of the Act is unconstitutional.
Section 2. Acting positions.
(a) The President of the United States may, for a maximum of 48 hours, appoint an individual to a position prior to them receiving Senate approval; once the 48 hours has concluded, the Senate must begin their process of voting on the nominee in whatever methods they have instated to do so.
(b) If the nominee fails within the Senate, the nominee shall immediately be removed from the position the nominee was previously ‘acting’ in and st########f the authorities thereof.
(c) The same nominee may not be renominated to that same position after failing within the Senate for a minimum of two weeks.
Section 3. Acting positions without Presidential appointment.
(a) An individual may receive the same benefits enjoyed for an individual appointed by the President of the United States to serve as ‘acting’ for 48 hours if they are the Deputy Director of an agency and/or the Deputy Secretary for a department if their respective Director/Secretary has recently been removed from office, whether that removal be forcefully or willfully.
(b) An individual serving as ‘acting’ in this capacity will not be voted on immediately after the 48 hours have concluded unless the President of the United States nominates that individual to the prospective position they have been ‘acting’ in.
(c) If the President of the United States fails to make a decision on an individual serving in this capacity regarding whether or not they will be nominated to the Senate within 24 hours of the individual’s 48 hour ‘acting’ period, the nominee will be unable to serve in the position they were ‘acting’ in until the President of the United States makes an official decision on whether or not to nominate that individual for the previously stated ‘acting’ position they were serving in.
Section 4. Punishment.
(a) It shall be illegal for the President of the United States, or any individual acting as such, to refuse to remove a nominee who has failed within the United States Senate and, in doing so, the President of the United States, or any individual acting as such, may be charged under this Act for a minimum sentence of one week in Federal Prison and a maximum sentence of one month in Federal Prison.
Written by S. Majority Leader SurpriseParty & S. Minority Whip RyanCBennett
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