PRESIDENTIAL APPOINTMENTS: Agencies' Compliance With Provisions of the Federal Vacancies Reform Act of 1998

Abstract

The Federal Vacancies Reform Act of 1998 (Vacancies Reform Act), which took effect on November 21, 1998, established new requirements for the temporary filling of vacant executive agency positions that require presidential appointment and Senate confirmation (PAS positions). The Vacancies Reform Act is intended to create a clear process and a time limit for the temporary filling of PAS positions. It requires agencies to inform the Congress and GAO whenever (1) a PAS position becomes vacant, (2) a vacant position is filled on a temporary basis, (3) a nomination is made to the Senate to fill a vacancy, or (4) a nomination for the position is rejected, withdrawn, or returned. The act also specifies limits on the time PAS positions can be filled on an acting basis. You asked us to assess the Vacancies Reform Act's implementation. Specifically, you asked us to determine whether agencies were (1) promptly notifying the Congress and GAO of all reportable vacancies and all temporary appointments, and (2) adhering to the time limits for temporary service. On September 29, 2000, we sent an interim response to you with information on 11 large agencies 1 that each had a substantial number of PAS positions. This report provides the results of all our work. In August 2000, we sent a questionnaire to 62 agencies that might have PAS positions asking them to report on any of these positions they had. A total of 44 agencies responded that they had PAS positions subject to the act and the agencies are listed in appendix II. The questionnaire also asked agencies to report all vacancies and acting officials in PAS positions from the act's effective date in November 1998 through June 30, 2000. Our results rely on agency self reporting and it is possible that additional agencies with PAS positions beyond those identified in our work are covered by the act.

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Document Details

Document Type
Technical Report
Publication Date
May 01, 2001
Accession Number
ADA391582

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