I 
★
116TH CONGRESS 
2D SESSION 
H. R. 6689 
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 1, 2020 
Ms. PORTER (for herself, Mrs. CAROLYN B. MALONEY of New York, Mr. 
THOMPSON of Mississippi, Mr. SMITH of Washington, Mr. GRIJALVA, Mr. 
NADLER, Mr. CONNOLLY, Mr. TAKANO, and Mr. SCHIFF) introduced the 
following bill; which was referred to the Committee on Oversight and Re-
form 
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) FIRST
ASSISTANT
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) the office of such first assistant is an of-
fice for which appointment is required to be made by 
the President, by and with the advice and consent 
of the Senate; and 
‘‘(2) the Senate has approved the appointment 
of such individual to such office.’’. 
(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 
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expiration of a term of office’’ the following: ‘‘or removal 
(voluntarily or involuntarily) from office’’. 
(d) VACANCY OF INSPECTOR GENERAL POSITIONS.— 
(1) IN
GENERAL.—Section 3345 of title 5, 
United States Code, as amended by subsection 
(a)(2), is further amended by adding at the end the 
following: 
‘‘(f)(1) Notwithstanding subsection (a), if an Inspec-
tor General position that requires appointment by the 
President by and with the advice and consent of the Sen-
ate to be filled is vacant, the first assistant (if any) of 
such position shall serve as the acting Inspector General. 
‘‘(2) Notwithstanding subsection (a), if for purposes 
of carrying out paragraph (1) of this subsection there is 
no first assistant, an acting Inspector General shall be ap-
pointed by the President from among individuals serving 
in an office of any Inspector General who occupy a posi-
tion at the Senior Executive Service level or higher.’’. 
(2) APPLICATION.—The amendment made by 
paragraph (1) shall apply to any vacancy first occur-
ring with respect to an Inspector General position on 
or after the date of enactment of this Act. 
(e) TESTIMONY OF ACTING OFFICIALS BEFORE CON-
GRESS.—Section 3345 of title 5, United States Code, as 
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amended by subsection (d)(1), is further amended by add-
ing at the end the following: 
‘‘(g)(1) Any individual serving as an acting officer 
due to a vacancy to which this section applies, or any indi-
vidual 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 dur-
ing 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.’’. 
(f) TIME LIMITATION FOR PRINCIPAL OFFICERS.— 
Section 3346 of title 5, United States Code, is amended— 
(1) in subsection (a), by inserting ‘‘or as pro-
vided 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 Presi-
dent’s cabinet and to which this section applies, sub-
sections (a) through (c) of this section and sections 
3348(c), 3349(b), and 3349a(b) shall be applied by sub-
stituting ‘120’ for ‘210’ in each instance.’’. 
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(g) EXCLUSIVITY.—Section 3347 of title 5, United 
States Code, is amended— 
(1) by redesignating subsection (b) as sub-
section (c); and 
(2) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) Notwithstanding subsection (a), any statutory 
provision covered under paragraph (1) of such subsection 
that contains a non-discretionary order or directive to des-
ignate an officer or employee to perform the functions and 
duties of a specified office temporarily in an acting capac-
ity shall be the exclusive means for temporarily author-
izing an acting official to perform the functions and duties 
of such office.’’. 
(h) 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; 
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(iii) in paragraph (4), by striking the 
period at the end and inserting ‘‘; and’’; 
and 
(iv) by adding at the end the fol-
lowing: 
‘‘(5) notification of the end of the term of serv-
ice 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 sub-
sequent person began not later than 7 days after 
such date.’’; and 
(B) in subsection (b), by striking ‘‘imme-
diately’’ 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;’’. 
(i) VACANCIES DURING PRESIDENTIAL INAUGURAL 
TRANSITIONS.—Subsection (b) of section 3349a of title 5, 
United States Code, is amended to read as follows: 
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‘‘(b) Notwithstanding section 3346 (except as pro-
vided in paragraph (2) of this subsection) or 3348(c), with 
respect to any vacancy that exists on a transitional inau-
guration day, or that arises during the 60-day period be-
ginning on such day, the person serving as an acting offi-
cer as described under section 3345 may serve in the of-
fice— 
‘‘(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 Sen-
ate.’’. 
Æ 
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