About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-329939 1 (2018-05-09)

handle is hein.gao/gaobaduqn0001 and id is 1 raw text is: c(AO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-329939 May 9, 2018 The President The White House Subject: Violation of the Time Limit Imposed by the Federal Vacancies Reform Act of 1998: General Counsel, Department of the Air Force Dear Mr. President: Pursuant to section 3349(b) of title 5 of the United States Code, we are reporting a violation of the Federal Vacancies Reform Act of 19981 (herein the Vacancies Reform Act or Act) at the Department of the Air Force (the Department) with respect to the General Counsel position. Specifically, we are reporting that the service of Joseph McDade as Acting General Counsel from November 17, 2017, to January 18, 2018, was in violation of the Act. Because the position has been filled, there is not a continuing violation. The Vacancies Reform Act establishes requirements for temporarily authorizing an acting official to perform the functions and duties of certain vacant positions that require Presidential appointment and Senate confirmation. The Act generally limits the period of time that such a position may be filled with an acting official to 210 days beginning on the date the vacancy occurs, not when the official began serving in the acting capacity. 5 U.S.C. § 3346(a)(1). In the year of a transitional Presidential inauguration, that time period is extended to 300 days after the vacancy occurs with respect to any vacancy that exists during the 60-day period beginning on the transitional inauguration date. 5 U.S.C. § 3349a(b). Once a nomination has been made, the acting official generally may continue to serve while the nomination is pending before the Senate. 5 U.S.C. § 3346(a)(2). Under the provisions of section 3349(b), the Comptroller General is required, upon a determination that an acting official has served longer than the allowable period of service, to report such findings to Congress, the President, and the Office of Personnel Management. The Department has reported to us that the position of General Counsel was vacant on January 20, 2017, a transitional Presidential inauguration date, and Joseph McDade became Acting General Counsel on September 20, 2017, before the end of the permissible period of acting service.2 In response to our recent inquiry to all federal departments and agencies with positions subject to the Vacancies Reform Act to update the status of any vacancies, acting officials, or nominations, the Department reported to us that Thomas Ayres was nominated to serve as the General Counsel on January 18, 2018, and was confirmed by the Senate on 1 Pub. L. No. 105-277, Div. C, Title 1, 112 Stat. 2681-611 (Oct. 21, 1998), as amended, 5 U.S.C. §§ 3345-3349d. 2 Department of the Air Force's report to GAO's Executive Vacancy System.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most