Sec. 101. Vacancies in the Social Security Administration
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Section 702 of the Social Security Act ( 42 U.S.C. 902 ) is amended by adding at the end the following: In any case in which the President designates an officer of the Government (other than the Deputy Commissioner) to serve as Acting Commissioner in the event of a vacancy in the office of the Commissioner, such officer may serve in such office— for no longer than 210 days beginning on the date the vacancy occurs; or subject to paragraph (2)(A), once a first or second nomination for the office is submitted to the Senate, from the date of such nomination for the period that the nomination is pending in the Senate.
If the first nomination for the office is rejected by the Senate, withdrawn, or returned to the President by the Senate, such officer of the Government may continue to serve in an acting role for no more than 210 days after the date of such rejection, withdrawal, or return. Notwithstanding subparagraph (A), if a second nomination for the office is submitted to the Senate after the rejection, withdrawal, or return of the first nomination, the officer of the Government serving in an acting role may continue to serve— until the second nomination is confirmed; or for no more than 210 days after the second nomination is rejected, withdrawn, or returned.
If the office of the Commissioner becomes vacant during an adjournment of the Congress sine die, the 210-day period under paragraph
(1)shall begin on the date that the Senate first reconvenes. With respect to any vacancy of the office of the Commissioner that exists during the 60-day period beginning on a transitional inauguration day, the 210-day period under paragraph
(1)shall be deemed to begin on the later of the date occurring— 90 days after such transitional inauguration day; or 90 days after the date on which such vacancy occurs. In this subparagraph, the term transitional inauguration day means the date on which any person swears or affirms the oath of office as President, if such person is not the President on the date preceding the date of swearing or affirming such oath of office. Upon the expiration of the period of service described in paragraph (1), if the Senate has not confirmed a nomination to the office of Commissioner as of such date, such office shall remain vacant until such time as the Senate has confirmed a nomination to such office. . Section 702(a)(3) of the Social Security Act ( 42 U.S.C. 902(a)(3) ) is amended by striking remainder of such term and inserting remainder of such term, except that the President may appoint a Commissioner to a term of office that has not yet commenced if such term of office will commence before the end of the Presidential term in which the appointment is made . The amendments made by this section shall take effect on January 20, 2019.
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Sec. 101
Vacancies in the Social Security Administration
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