I 

117TH CONGRESS 

1ST SESSION H. R. 2994 

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 

MAY 4, 2021 

Ms. PORTER (for herself, Mrs. CAROLYN B. MALONEY of New York, Mr. 

THOMPSON of Mississippi, Mr. SMITH of Washington, Mr. NADLER, Mr. 

CONNOLLY, Mr. SCHIFF, Mr. GRIJALVA, and Mr. TAKANO) introduced 

the following bill; which was referred to the Committee on Oversight and 

Reform 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Accountability for Act5 ing Officials Act’’. 


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1 SEC. 2. CLARIFICATION OF FEDERAL VACANCIES REFORM 

2 ACT OF 1998. 

3 (a) FIRST ASSISTANT REQUIREMENTS.—Section 

4 3345 of title 5, United States Code, is amended as follows: 

5 (1) In subsection (a)— 

6 (A) in paragraph (1), by adding at the end 

7 before the semi-colon the following: ‘‘, but, and 

8 except as provided in subsection (e), only if the 

9 individual serving in the position of first assist10 ant has occupied such position for a period of 

11 at least 30 days during the 365-day period pre12 ceding the date of the death, resignation, or be13 ginning of inability to serve’’; and 

14 (B) by striking subparagraph (A) of para15 graph (3) and inserting the following: 

16 ‘‘(A) the officer or employee served in a 

17 position in such agency for a period of at least 

18 1 year preceding the date of death, resignation, 

19 or beginning of inability to serve of the applica20 ble officer; and’’. 

21 (2) By adding at the end the following: 

22 ‘‘(d) For purposes of this section, a position shall be 

23 considered to be the first assistant to the office with re24 spect to which a vacancy occurs only if such position has 

25 been designated, at least 30 days before the date of the 

26 vacancy, by law, rule, or regulation as the first assistant 


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1 position. The previous sentence shall begin to apply on the 

2 date that is 180 days after the date of enactment of the 

3 Accountability for Acting Officials Act. 

4 ‘‘(e) The 30-day service requirement in subsection 

5 (a)(1) shall not apply to any individual who is a first as6 sistant if— 

7 ‘‘(1) the office of such first assistant is an of8 fice for which appointment is required to be made by 

9 the President, by and with the advice and consent 

10 of the Senate; and 

11 ‘‘(2) the Senate has approved the appointment 

12 of such individual to such office.’’. 

13 (b) QUALIFICATIONS.—Section 3345(b) of title 5, 

14 United States Code, is amended by adding at the end the 

15 following: 

16 ‘‘(3) Any individual directed to perform the functions 

17 and duties of the vacant office temporarily in an acting 

18 capacity under subsection (a)(2) or (f) shall possess the 

19 qualifications (if any) set forth in law, rule, or regulation 

20 that are otherwise applicable to an individual appointed 

21 by the President, by and with the advice and consent of 

22 the Senate, to occupy such office.’’. 

23 (c) APPLICATION TO INDIVIDUALS REMOVED FROM

24 OFFICE.—Paragraph (2) of section 3345(c) of title 5, 

25 United States Code, is amended by inserting after ‘‘the 


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1 expiration of a term of office’’ the following: ‘‘or removal 

2 (voluntarily or involuntarily) from office’’. 

3 (d) VACANCY OF INSPECTOR GENERAL POSITIONS.— 

4 (1) IN GENERAL.—Section 3345 of title 5, 

5 United States Code, as amended by subsection 

6 (a)(2), is further amended by adding at the end the 

7 following: 

8 ‘‘(f)(1) Notwithstanding subsection (a), if an Inspec9 tor General position that requires appointment by the 

10 President by and with the advice and consent of the Sen11 ate to be filled is vacant, the first assistant of such posi12 tion shall perform the functions and duties of the Inspec13 tor General temporarily in an acting capacity subject to 

14 the time limitations of section 3346. 

15 ‘‘(2) Notwithstanding subsection (a), if for purposes 

16 of carrying out paragraph (1) of this subsection, by reason 

17 of absence, disability, or vacancy, the first assistant to the 

18 position of Inspector General is not available to perform 

19 the functions and duties of the Inspector General, an act20 ing Inspector General shall be appointed by the President 

21 from among individuals serving in an office of any Inspec22 tor General, provided that— 

23 ‘‘(A) during the 365-day period preceding the 

24 date of death, resignation, or beginning of inability 

25 to serve of the applicable Inspector General, the inVerDate Sep 11 2014 23:45 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2994.IH H2994

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1 dividual served in a position in an office of any In2 spector General for not less than 90 days; and 

3 ‘‘(B) the rate of pay for the position of such in4 dividual is equal to or greater than the minimum 

5 rate of pay payable for a position at GS–15 of the 

6 General Schedule.’’. 

7 (2) APPLICATION.—The amendment made by 

8 paragraph (1) shall apply to any vacancy first occur9 ring with respect to an Inspector General position on 

10 or after the date of enactment of this Act. 

11 (e) TESTIMONY OF ACTING OFFICIALS BEFORE CON12 GRESS.—Section 3345 of title 5, United States Code, as 

13 amended by subsection (d)(1), is further amended by add14 ing at the end the following: 

15 ‘‘(g)(1) Any individual serving as an acting officer 

16 due to a vacancy to which this section applies, or any indi17 vidual who has served in such capacity and continues to 

18 perform the same or similar duties beyond the time limits 

19 described in section 3346, shall appear, at least once dur20 ing any 60-day period that the individual is so serving, 

21 before the appropriate committees of jurisdiction of the 

22 House of Representatives and the Senate. 

23 ‘‘(2) Paragraph (1) may be waived upon mutual 

24 agreement of the chairs and ranking members of such 

25 committees.’’. 


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1 (f) TIME LIMITATION FOR PRINCIPAL OFFICERS.— 

2 Section 3346 of title 5, United States Code, is amended— 

3 (1) in subsection (a), by inserting ‘‘or as pro4 vided in subsection (d)’’ after ‘‘sickness’’; and 

5 (2) by adding at the end the following: 

6 ‘‘(d) With respect to the vacancy of the position of 

7 head of any agency listed in subsection (b) of section 901 

8 of title 31, or any other position that is within the Presi9 dent’s cabinet and to which this section applies, sub10 sections (a) through (c) of this section and sections 

11 3348(c), 3349(b), and 3349a(b) shall be applied by sub12 stituting ‘120’ for ‘210’ in each instance.’’. 

13 (g) EXCLUSIVITY.—Section 3347 of title 5, United 

14 States Code, is amended— 

15 (1) by redesignating subsection (b) as sub16 section (c); and 

17 (2) by inserting after subsection (a) the fol18 lowing: 

19 ‘‘(b) Notwithstanding subsection (a), any statutory 

20 provision covered under paragraph (1) of such subsection 

21 that contains a non-discretionary order or directive to des22 ignate an officer or employee to perform the functions and 

23 duties of a specified office temporarily in an acting capac24 ity shall be the exclusive means for temporarily authorVerDate Sep 11 2014 23:45 Jun 09, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2994.IH H2994

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1 izing an acting official to perform the functions and duties 

2 of such office.’’. 

3 (h) REPORTING OF VACANCIES.— 

4 (1) IN GENERAL.—Section 3349 of title 5, 

5 United States Code, is amended— 

6 (A) in subsection (a)— 

7 (i) by striking ‘‘immediately upon’’ in 

8 each instance and inserting ‘‘not later than 

9 7 days after’’; 

10 (ii) in paragraph (3), by striking 

11 ‘‘and’’ at the end; 

12 (iii) in paragraph (4), by striking the 

13 period at the end and inserting ‘‘; and’’; 

14 and 

15 (iv) by adding at the end the fol16 lowing: 

17 ‘‘(5) notification of the end of the term of serv18 ice of any person serving in an acting capacity and 

19 the name of any subsequent person serving in an 

20 acting capacity and the date the service of such sub21 sequent person began not later than 7 days after 

22 such date.’’; and 

23 (B) in subsection (b), by striking ‘‘imme24 diately’’ and inserting ‘‘not later than 14 days 

25 after the date of such determination’’. 


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1 (2) TECHNICAL CORRECTIONS.—Paragraphs 

2 (1) and (2) of subsection (b) of such section 3349 

3 are amended to read as follows: 

4 ‘‘(1) the Committee on Homeland Security and 

5 Governmental Affairs of the Senate; 

6 ‘‘(2) the Committee on Oversight and Reform 

7 of the House of Representatives;’’. 

8 (i) VACANCIES DURING PRESIDENTIAL INAUGURAL

9 TRANSITIONS.—Subsection (b) of section 3349a of title 5, 

10 United States Code, is amended to read as follows: 

11 ‘‘(b) Notwithstanding section 3346 (except as pro12 vided in paragraph (2) of this subsection) or 3348(c), with 

13 respect to any vacancy that exists on a transitional inau14 guration day, or that arises during the 60-day period be15 ginning on such day, the person serving as an acting offi16 cer as described under section 3345 may serve in the of17 fice— 

18 ‘‘(1) for no longer than 300 days beginning on 

19 such day; or 

20 ‘‘(2) subject to subsection 3346(b), once a first 

21 or second nomination for the office is submitted to 

22 the Senate, from the date of such nomination for the 

23 period that the nomination is pending in the Sen24 ate.’’. 

Æ 


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