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 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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