I 
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 provi-
sions of that title relating to the Federal Vacancies Re-
form Act of 1998, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Accountability for Act-
ing Officials Act’’. 
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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 assist-
ant has occupied such position for a period of 
at least 30 days during the 365-day period pre-
ceding the date of the death, resignation, or be-
ginning of inability to serve’’; and 
(B) by striking subparagraph (A) of para-
graph (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 applica-
ble 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 re-
spect 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 
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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 as-
sistant 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 begin-
ning 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 
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