II 118th CONGRESS 1st Session S. 2727 IN THE SENATE OF THE UNITED STATES September 6, 2023 Mr. Cassidy introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To preclude the Department of Labor from allowing the Deputy Secretary to serve as the Secretary of Labor indefinitely.

1. Short title This Act may be cited as the Advice and Consent Act . 2. Department of Labor vacancies (a) In general Section 1 of the Act of April 17, 1946 (60 Stat. 91; 29 U.S.C. 552 ) is amended by adding at the end the following: Notwithstanding the previous sentence or any other provision of law, if the Deputy Secretary is performing the duties of the Secretary due to the death, resignation, or removal of the Secretary and the individual serving in the position of Deputy Secretary has been nominated to the position of Secretary, the Deputy Secretary may not perform the duties of the Secretary after the date that is 210 days after the date on which the President submits such nomination to the Senate. If the Deputy Secretary is prohibited from performing the duties of the Secretary under the previous sentence, the President may direct an officer to perform the functions and duties of the Secretary temporarily in an acting capacity in accordance with subchapter III of chapter 33 of title 5, United States Code. . (b) Applicability In the case of a Deputy Secretary of Labor that is performing the duties of the Secretary of Labor under the authority under section 1 of the Act of April 17, 1946 (60 Stat. 91; 29 U.S.C. 552 ) on the day before the date of enactment of this Act and who is prohibited from continuing to perform the duties of the Secretary under the amendment made by this Act, the termination of the authority of the Deputy Secretary to perform the duties of the Secretary shall take effect on the date of enactment of this Act.