[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4434 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 4434

To amend title 5, United States Code, to modify the provisions of that 
  title relating to the Federal Vacancies Reform Act of 1998, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 30, 2023

 Ms. Porter (for herself, Mr. Raskin, Mr. Thompson of Mississippi, Mr. 
Smith of Washington, Mr. Nadler, Mr. Connolly, Mr. Schiff, Mr. Takano, 
 Mr. Grijalva, and Mr. Himes) introduced the following bill; which was 
       referred to the Committee on Oversight and Accountability

_______________________________________________________________________

                                 A BILL


 
To amend title 5, United States Code, to modify the provisions of that 
  title relating to the Federal Vacancies Reform Act of 1998, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Accountability for Acting Officials 
Act''.

SEC. 2. CLARIFICATION OF FEDERAL VACANCIES REFORM ACT OF 1998.

    (a) Eligibility Requirements.--Section 3345 of title 5, United 
States Code, is amended as follows:
            (1) In subsection (a)--
                    (A) in paragraph (1), by adding at the end before 
                the semi-colon the following: ``, but, and except as 
                provided in subsection (e), only if the individual 
                serving in the position of first assistant has occupied 
                such position for a period of at least 30 days during 
                the 365-day period preceding the date of the death, 
                resignation, or beginning of inability to serve''; and
                    (B) by striking subparagraph (A) of paragraph (3) 
                and inserting the following:
                    ``(A) the officer or employee served in a position 
                in such agency for a period of at least 1 year 
                preceding the date of death, resignation, or beginning 
                of inability to serve of the applicable officer; and''.
            (2) By adding at the end the following:
    ``(d) For purposes of this section, a position shall be considered 
to be the first assistant to the office with respect to which a vacancy 
occurs only if such position has been designated, at least 30 days 
before the date of the vacancy, by law, rule, or regulation as the 
first assistant position. The previous sentence shall begin to apply on 
the date that is 180 days after the date of enactment of the 
Accountability for Acting Officials Act.
    ``(e) The 30-day service requirement in subsection (a)(1) shall not 
apply to any individual who is a first assistant if--
            ``(1)(A) the office of such first assistant is an office 
        for which appointment is required to be made by the President, 
        by and with the advice and consent of the Senate; and
            ``(B) the Senate has approved the appointment of such 
        individual to such office; or
            ``(2) the individual began serving in the position of first 
        assistant during the 180-day period beginning on a transitional 
        inauguration day (as that term is defined in section 
        3349a(a)).''.
    (b) Qualifications.--Section 3345(b) of title 5, United States 
Code, is amended by adding at the end the following:
    ``(3) Any individual directed to perform the functions and duties 
of the vacant office temporarily in an acting capacity under subsection 
(a)(2) or (f) shall possess the qualifications (if any) set forth in 
law, rule, or regulation that are otherwise applicable to an individual 
appointed by the President, by and with the advice and consent of the 
Senate, to occupy such office.''.
    (c) Application to Individuals Removed From Office.--Paragraph (2) 
of section 3345(c) of title 5, United States Code, is amended by 
inserting after ``the expiration of a term of office'' the following: 
``or removal (voluntarily or involuntarily) from office''.
    (d) Testimony of Acting Officials Before Congress.--Section 3345 of 
title 5, United States Code, is amended by adding at the end the 
following:
    ``(f)(1) Any individual serving as an acting officer due to a 
vacancy to which this section applies, or any individual who has served 
in such capacity and continues to perform the same or similar duties 
beyond the time limits described in section 3346, shall appear, at 
least once during any 60-day period that the individual is so serving, 
before the appropriate committees of jurisdiction of the House of 
Representatives and the Senate.
    ``(2) Paragraph (1) may be waived upon mutual agreement of the 
chairs and ranking members of such committees.''.
    (e) Time Limitation for Principal Offices.--Section 3346 of title 
5, United States Code, is amended--
            (1) in subsection (a), by inserting ``or as provided in 
        subsection (d)'' after ``sickness''; and
            (2) by adding at the end the following:
    ``(d) With respect to the vacancy of the position of head of any 
agency listed in subsection (b) of section 901 of title 31, or any 
other position that is within the President's cabinet and to which this 
section applies, subsections (a) through (c) of this section and 
sections 3348(c), 3349(b), and 3349a(b) shall be applied by 
substituting `120' for `210' in each instance.''.
    (f) Exclusivity.--Section 3347 of title 5, United States Code, is 
amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a) the following:
    ``(b) Notwithstanding subsection (a), any statutory provision 
covered under paragraph (1) of such subsection that contains a non-
discretionary order or directive to designate 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 acting official to perform the functions and duties of 
such office.''.
    (g) Reporting of Vacancies.--
            (1) In general.--Section 3349 of title 5, United States 
        Code, is amended--
                    (A) in subsection (a)--
                            (i) by striking ``immediately upon'' in 
                        each instance and inserting ``not later than 7 
                        days after'';
                            (ii) in paragraph (3), by striking ``and'' 
                        at the end;
                            (iii) in paragraph (4), by striking the 
                        period at the end and inserting ``; and''; and
                            (iv) by adding at the end the following:
            ``(5) notification of the end of the term of service of any 
        person serving in an acting capacity and the name of any 
        subsequent person serving in an acting capacity and the date 
        the service of such subsequent person began not later than 7 
        days after such date.''; and
                    (B) in subsection (b), by striking ``immediately'' 
                and inserting ``not later than 14 days after the date 
                of such determination''.
            (2) Technical corrections.--Paragraphs (1) and (2) of 
        subsection (b) of such section 3349 are amended to read as 
        follows:
            ``(1) the Committee on Homeland Security and Governmental 
        Affairs of the Senate;
            ``(2) the Committee on Oversight and Reform of the House of 
        Representatives;''.
    (h) Vacancies During Presidential Inaugural Transitions.--
Subsection (b) of section 3349a of title 5, United States Code, is 
amended to read as follows:
    ``(b) Notwithstanding section 3346 (except as provided in paragraph 
(2) of this subsection) or 3348(c), with respect to any vacancy that 
exists on a transitional inauguration day, or that arises during the 
60-day period beginning on such day, the person serving as an acting 
officer as described under section 3345 may serve in the office--
            ``(1) for no longer than 300 days beginning on such day; or
            ``(2) subject to subsection 3346(b), 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.''.
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