,i #aafth ,,congress #b;d ,session ,h4 ,r4 #ffhi ,,in ,,the ,,house ,,of ,,representatives ,may #a1 #bjbj,ms4 ,porter 7for herself1 ,mrs4 ,carolyn ,b4 ,maloney of ,new ,york1 ,mr4 ,thompson of ,mississippi1 ,mr4 ,smith of ,washington1 ,mr4 ,grijalva1 ,mr4 ,nadler1 ,mr4 ,connolly1 ,mr4 ,takano1 and ,mr4 ,schiff7 introduced the following bill2 which was referred to the ,committee on ,oversight and ,reform ,a ,,bill ,to amend title #e1 ,united ,states ,code1 to modify the provisions of that title relating to the ,federal ,vacancies ,reform ,act of #aiih1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,accountability for ,acting ,officials ,act4 #b4 ,clarification of ,federal ,vacancies ,reform ,act of #aiih 7a7 ,first assistant requirements ,section #ccde of title #e1 ,united ,states ,code1 is amended as follows3 7#a7 ,in subsection 7a7-- 7,a7 in paragraph 7#a71 by adding at the end before the semi-colon the following3 1 but1 and except as provided in subsection 7e71 only if the individual serving in the position of first assistant has occupied such position for a period of at least #cj days during the #cfe-;day period preceding the date of the death1 resignation1 or beginning of inability to serve2 and 7,b7 by striking subparagraph 7,a7 of paragraph 7#c7 and inserting the following3 7,a7 the officer or employee served in a position in such agency for a period of at least #a year preceding the date of death1 resignation1 or beginning of inability to serve of the applicable officer2 and 4 7#b7 ,by adding at the end the following3 7d7 ,for purposes of this section1 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 designated1 at least #cj days before the date of the vacancy1 by law1 rule1 or regulation as the first assistant position4 ,the previous sentence shall begin to apply on the date that is #ahj days after the date of enactment of the ,accountability for ,acting ,officials ,act4 7e7 ,the #cj-;day service requirement in subsection 7a77#a7 shall not apply to any individual who is a first assistant if-- 7#a7 the office of such first assistant is an office for which appointment is required to be made by the ,president1 by and with the advice and consent of the ,senate2 and 7#b7 the ,senate has approved the appointment of such individual to such office4 4 7b7 ,qualifications ,section #ccde7;b7 of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7#c7 ,any individual directed to perform the functions and duties of the vacant office temporarily in an acting capacity under subsection 7a77#b7 or 7f7 shall possess the qualifications 7if any7 set forth in law1 rule1 or regulation that are otherwise applicable to an individual appointed by the ,president1 by and with the advice and consent of the ,senate1 to occupy such office4 4 7c7 ,application to individuals removed from office ,paragraph 7#b7 of section #ccde7;c7 of title #e1 ,united ,states ,code1 is amended by inserting after the expiration of a term of office the following3 or removal 7voluntarily or involuntarily7 from office4 7d7 ,vacancy of ,inspector ,general positions 7#a7 ,in general ,section #ccde of title #e1 ,united ,states ,code1 as amended by subsection 7a77#b71 is further amended by adding at the end the following3 7f7 7#a7 ,notwithstanding subsection 7a71 if an ,inspector ,general position that requires appointment by the ,president by and with the advice and consent of the ,senate to be filled is vacant1 the first assistant 7if any7 of such position shall serve as the acting ,inspector ,general4 7#b7 ,notwithstanding subsection 7a71 if for purposes of carrying out paragraph 7#a7 of this subsection there is no first assistant1 an acting ,inspector ,general shall be appointed by the ,president from among individuals serving in an office of any ,inspector ,general who occupy a position at the ,senior ,executive ,service level or higher4 4 7#b7 ,application ,the amendment made by paragraph 7#a7 shall apply to any vacancy first occurring with respect to an ,inspector ,general position on or after the date of enactment of this ,act4 7e7 ,testimony of acting officials before ,congress ,section #ccde of title #e1 ,united ,states ,code1 as amended by subsection 7d77#a71 is further amended by adding at the end the following3 7g7 7#a7 ,any individual serving as an acting officer due to a vacancy to which this section applies1 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 #ccdf1 shall appear1 at least once during any #fj-;day period that the individual is so serving1 before the appropriate committees of jurisdiction of the ,house of ,representatives and the ,senate4 7#b7 ,paragraph 7#a7 may be waived upon mutual agreement of the chairs and ranking members of such committees4 4 7f7 ,time limitation for principal officers ,section #ccdf of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by inserting or as provided in subsection 7d7 after sickness2 and 7#b7 by adding at the end the following3 7d7 ,with respect to the vacancy of the position of head of any agency listed in subsection 7b7 of section #ija of title #ca1 or any other position that is within the ,president's cabinet and to which this section applies1 subsections 7a7 through 7c7 of this section and sections #ccdh7;c71 #ccdi7;b71 and #ccdi;a7b7 shall be applied by substituting #abj for #baj in each instance4 4 7g7 ,exclusivity ,section #ccdg of title #e1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7b7 as subsection 7c72 and 7#b7 by inserting after subsection 7a7 the following3 7b7 ,notwithstanding subsection 7a71 any statutory provision covered under paragraph 7#a7 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 office4 4 7h7 ,reporting of vacancies 7#a7 ,in general ,section #ccdi of title #e1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7a7-- 7i7 by striking immediately upon in each instance and inserting not later than #g days after2 7ii7 in paragraph 7#c71 by striking and at the end2 7iii7 in paragraph 7#d71 by striking the period at the end and inserting 2 and2 and 7iv7 by adding at the end the following3 7#e7 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 #g days after such date4 2 and 7,b7 in subsection 7b71 by striking immediately and inserting not later than #ad days after the date of such determination4 7#b7 ,technical corrections ,paragraphs 7#a7 and 7#b7 of subsection 7b7 of such section #ccdi are amended to read as follows3 7#a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7#b7 the ,committee on ,oversight and ,reform of the ,house of ,representatives2 4 7i7 ,vacancies during presidential inaugural transitions ,subsection 7b7 of section #ccdi;a of title #e1 ,united ,states ,code1 is amended to read as follows3 7b7 ,notwithstanding section #ccdf 7except as provided in paragraph 7#b7 of this subsection7 or #ccdh7;c71 with respect to any vacancy that exists on a transitional inauguration day1 or that arises during the #fj-;day period beginning on such day1 the person serving as an acting officer as described under section #ccde may serve in the office-- 7#a7 for no longer than #cjj days beginning on such day2 or 7#b7 subject to subsection #ccdf7;b71 once a first or second nomination for the office is submitted to the ,senate1 from the date of such nomination for the period that the nomination is pending in the ,senate4 4