Section 1 Short title
This Act may be cited as the “Dual Hatting Limitation Act of 2026”.
Dual Hatting Limitation Act of 2026
A BILL
To prohibit certain senior Federal officers or acting officers from carrying out the duties of other Federal positions, and for other purposes.
Sec. 2 Prohibition on certain officers and acting officers from carrying out duties of other Federal positions
Director of Office of Personnel Management— Section 1102(c) of title 5, United States Code, is amended—
in the first sentence, by striking “Director or”; and
by adding after the period at the end the following: “The Director, or any other individual occupying a position in the civil service performing the functions and duties of the office of the Director temporarily in an acting capacity, may not occupy, or carry out the functions or duties of, any other position in the Federal Government.”.
Special Counsel— Section 1211(b) of title 5, United States Code, is amended by striking the last sentence and inserting the following: “The Special Counsel, or any other individual occupying a position in the civil service performing the functions and duties of the office of the Special Counsel temporarily in an acting capacity, may not occupy, or carry out the functions or duties of, any other position in the Federal Government.”.
Director of Office of Government Ethics— Section 13121(b) of title 5, United States Code, is amended by adding at the end the following: “The Director, or any other individual occupying a position in the civil service performing the functions and duties or of the office of the Director temporarily in an acting capacity, may not occupy, or carry out the functions or duties of, any other position in the Federal Government.”.
NARA— Section 2103(c) of title 44, United States Code, is amended by adding at the end the following: “The Archivist, or any other individual occupying a position in the civil service performing the functions and duties of the office of the Archivist temporarily in an acting capacity, may not occupy, or carry out the functions or duties of, any other position in the Federal Government.”.
Federal vacancies— Section 3345(a) of title 5, United States Code, is amended by adding at the end the following:
“(d) Notwithstanding paragraph (2) or (3) of subsection (a), the President may not direct under either such paragraph any individual to perform the functions and duties of a vacant office temporarily in an acting capacity if such individual is performing the functions and duties of any other office temporarily in an acting capacity.”
Positions under level I of Executive Schedule— Any individual occupying a position listed under level I of the Executive Schedule (section 5312 of title 5, United States Code), or any other individual occupying a position in the civil service performing the functions and duties of the office of such position temporarily in an acting capacity, may not occupy, or carry out the functions or duties of, any other position in the Federal Government.