HR-4434 : Still Just a Bill

The Accountability for Acting Officials Act (H.R. 4434) proposes amendments to Title 5 of the United States Code, specifically targeting the Federal Vacancies Reform Act of 1998. The key provisions include:

• Eligibility Requirements for Acting Officials: It mandates that first assistants must have served in their position for at least 30 days within the past year to be eligible to serve as acting officials. It also requires that the first assistant position be formally designated at least 30 days before the vacancy occurs.
• Qualifications: Individuals serving in an acting capacity must possess the qualifications required for a permanent appointment to the office, especially those requiring Senate confirmation.
• Application to Removed Officials: The bill clarifies that restrictions on who can serve as an acting official apply to individuals removed from office, whether voluntarily or involuntarily.
• Congressional Testimony: Acting officials are required to appear before relevant congressional committees at least once every 60 days while serving in an acting capacity, or after exceeding the time limits specified in section 3346.
• Time Limitations for Principal Offices: For heads of agencies listed in 31 U.S.C. § 901(b) and cabinet-level positions, the time limit for serving in an acting capacity is shortened from 210 to 120 days.
• Exclusivity: It clarifies that statutory provisions mandating the designation of an officer or employee to perform the functions of a specified office temporarily are the exclusive means for authorizing an acting official.
• Reporting of Vacancies: The bill amends reporting requirements for vacancies, mandating that notifications occur within 7 days of the vacancy or change in acting personnel.
• Presidential Inaugural Transitions: It modifies the rules for vacancies during presidential transitions, allowing acting officials to serve for no longer than 300 days, or for the duration that a nomination is pending in the Senate.