Federal Vacancies Reform Act

The Federal Vacancies Reform Act of 1998 (Vacancies Act) establishes requirements for temporarily filling vacant positions in Executive Branch agencies that require presidential appointment and Senate confirmation. This act identifies who may temporarily serve, for how long, and what happens when no one is serving under the act and the position is vacant. GAO issues letters to the President and Congress reporting violations of the act’s time limitations and issues decisions on agency compliance with the act when requested by Congress.

Violation Letters and Decisions

Below is a listing of letters reporting violations of the act’s time limitations and decisions on agency compliance GAO has issued.

Violation of the Time Limit Imposed by the Federal Vacancies Reform Act of 1998: Under Secretary of Agriculture for Food, Nutrition, and Consumer Services, U.S. Department of Agriculture

Violation of the Time Limit Imposed by the Federal Vacancies Reform Act of 1998: Assistant Secretary for Civil Rights, U.S. Department of Agriculture

Violation of the Time Limit Imposed by the Federal Vacancies Reform Act of 1998: Assistant Secretary for Economic Policy, U.S. Department of the Treasury

Violation of the Time Limit Imposed by the Federal Vacancies Reform Act of 1998: Legal Adviser, U.S. Department of State

U.S. Department of Labor—Legality of Service of Acting Secretary of Labor

Violation of the Time Limit Imposed by the Federal Vacancies Reform Act of 1998: Director, Office on Violence Against Women, Department of Justice

Violation of the Time Limit Imposed by the Federal Vacancies Reform Act of 1998: Assistant Secretary/Director, U.S. Immigration and Customs Enforcement

Violation of the Time Limit Imposed by the Federal Vacancies Reform Act of 1998: Assistant Administrator of the Bureau for Asia, U.S. Agency for International Development

Violation of the Time Limit Imposed by the Federal Vacancies Reform Act of 1998: General Counsel, Federal Labor Relations Authority

Violation of the Time Limit Imposed by the Federal Vacancies Reform Act of 1998: Controller, Office of Federal Financial Management, Office of Management and Budget

Department of Defense, Office of Inspector General—Legality of Service of Acting Inspector General

Violation of the Time Limit Imposed by the Federal Vacancies Reform Act of 1998: Administrator, Office of Information and Regulatory Affairs

Social Security Administration—Legality of Service of Acting Commissioner

Environmental Protection Agency—Legality of First Assistant Named After Vacancy Serving as Acting General Counsel

Violation of the Time Limit Imposed by the Federal Vacancies Reform Act of 1998: Deputy Administrator, Resilience, Directorate of Emergency Preparedness and Response, Federal Emergency Management Agency

Violation of the Time Limit Imposed by the Federal Vacancies Reform Act of 1998: Administrator, Federal Transit Administration

Violation of the Time Limit Imposed by the Federal Vacancies Reform Act of 1998: Assistant Secretary of State for International Organization Affairs, U.S. Department of State

Violation of the Time Limit Imposed by the Federal Vacancies Reform Act of 1998: Chief Financial Officer, U.S. Environmental Protection Agency

Violation of the Time Limit Imposed by the Federal Vacancies Reform Act of 1998: President of the Government National Mortgage Association

Violation of the Time Limit Imposed by the Federal Vacancies Reform Act of 1998: Assistant Secretary of Defense for International Security Affairs, Department of Defense

Department of Homeland SecurityꟷLegality of Service of Acting Secretary of Homeland Security and Service of Senior Official Performing the Duties of Deputy Secretary of Homeland SecurityꟷReconsideration

Department of Homeland Security—Legality of Service of Acting Secretary of Homeland Security and Service of Senior Official Performing the Duties of Deputy Secretary of Homeland Security

Violation of the Time Limit Imposed by the Federal Vacancies Reform Act of 1998: Inspector General, Export-Import Bank of the United States

Violation of the Time Limit Imposed by the Federal Vacancies Reform Act of 1998: Inspector General, Tennessee Valley Authority

Violation of the Time Limit Imposed by the Federal Vacancies Reform Act of 1998: Inspector General, Department of Housing and Urban Development

Violation of the Time Limit Imposed by the Federal Vacancies Reform Act of 1988--Commissioner, Social Security Administration

Violation of the 210-Day Limit Imposed by the Federal Vacancies Reform Act of 1998-- Department of Energy, Director of the Office of Science

Violation of the 210-Day Limit Imposed by the Federal Vacancies Reform Act of 1998--Chief Financial Officer, Department of State

Violation of the 210-Day Limit Imposed by the Federal Vacancies Reform Act of 1998--Administrator, Centers for Medicare & Medicaid Services

Violation of the 210-day Limit Imposed by the Federal Vacancies Reform Act of 1998--Department of Health and Human Services, Office of the Assistant Secretary for Health

Violation of the 210-Day Limit Imposed by the Federal Vacancies Reform Act of 1998--Department of Justice, Office of Victims of Crime

Violation of the 210-Day Limit Imposed by the Federal Vacancies Reform Act of 1998 for the Department of Veterans Affairs

Violations of the 210-Day Limit Imposed by the Federal Vacancies Reform Act of 1998--General Counsel, Department of Health and Human Services

Violation of the 210-Day Limit Imposed by the Federal Vacancies Reform Act of 1998

Federal Vacancies Reform Act of 1998-Assistant Attorney General for the Office of Legal Counsel, U.S. Department of Justice

Vacancy Act Violation Letter-Department of Education, April 17, 2007

Vacancy Act Violation Letter-United States Agency for International Development, July 24, 2006

Vacancy Act Violation Letter-Department of Commerce, July 12, 2006

Vacancy Act Violation Letter-Food and Drug Administration, March 17, 2006

Vacancy Act Violation Letter-Department of Defense, Department of the Army, December 22, 2005

Vacancy Act Violation Letter-Department of Transportation, July 20, 2005

Vacancy Act Violation Letter-Department of Veterans Affairs, July 20, 2005

Vacancy Act Violation Letter-Department of Education, Office of the Assistant Secretary for Elementary and Secondary Education, August 19, 2004

Vacancy Act Violation Letter-Department of Agriculture, March 18, 2002

Vacancy Act Violation Letter-Institute of Museum and Library Services, May 18, 2001

Vacancy Act Violation Letter-Department of Defense, Department of Justice, and Environmental Protection Agency, September 15, 2000