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B-329903 1 (2019-02-07)

handle is hein.gao/gaobadvmj0001 and id is 1 raw text is: 



GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548

B-329903


February 7, 2019

The Honorable Ron Wyden
Ranking Member
Committee on Finance
United States Senate

Subject: Agency Compliance with the Federal Vacancies Reform Act for Positions
         Subject to the Jurisdiction of Senate Finance Committee

Dear Senator Wyden:

This responds to your letter requesting information on compliance with the Federal
Vacancies Reform Act1 (the Act) by agencies and departments with respect to positions
subject to the jurisdiction of the Senate Finance Committee.2 Specifically, you asked
(1) whether the agencies and departments are making the notifications to Congress and
to GAO required under title 5 of the United States Code, section 3349(a) for vacant
positions, (2) the status of vacancies in those positions, (3) the status of any acting
officials for those positions, and (4) whether the service of those acting officials
complies with the time limitations under the Act. Under the Act, GAO is required to
report when we have determined a time period violation has occurred. We are
providing information covering the period from January 20, 2017, to December 31,
2018.

The Federal Vacancies Reform Act

The 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 (PAS positions). Under section 3349(a) of title 5,
United States Code, each executive agency must report to our Office and each House
of Congress (1) a vacancy in a position subject to the Act and the date of that vacancy,

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 As agreed upon with your staff, this review looked at positions at the Departments of
Commerce, Health and Human Services, Homeland Security, and the Treasury as well
as the Office of the United States Trade Representative and the Social Security
Administration. For information on how these departments and agencies were selected,
see Enclosure 7.


B-329903


Page 1

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