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B-331539 1 (2020-09-18)

handle is hein.gao/gaobaebvb0001 and id is 1 raw text is: cAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-331539 September 18, 2020 The President The White House Subject: Violation of the Time Limit Imposed by the Federal Vacancies Reform Act of 1998: President of the Government National Mortgage Association 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 1998 (herein the Vacancies Reform Act or Act) at the Department of Housing and Urban Development (HUD), Government National Mortgage Association (GNMA) with respect to the GNMA President position. Pub. L. No. 105-277, div. C, title 1, 112 Stat. 2681-611 (Oct. 21, 1998), as amended, 5 U.S.C. §§ 3345-3349d. Specifically, we are reporting that the service of Michael Bright as Acting President from November 17, 2017, until January 3, 2019, and the service of Maren Kasper as Acting President from August 2, 2019, until on or about October 15, 2019, were in violation of the Act. Because no one is currently using the acting title, there is no 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. Generally, the Vacancies Reform Act limits the service of an acting official to 210 days beginning on the date the vacancy occurs. 5 U.S.C. § 3346(a). In the year of a transitional presidential inauguration, such as 2017, the Act permits an acting official to serve for 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). Additionally, acting service is also permissible while a first or second nomination for the office is pending in the Senate and for up to 210 days after the date that a first or second nomination is rejected, withdrawn, or returned by the Senate. 5 U.S.C. § 3346. However, the Vacancies Reform Act prohibits a nominee from serving as the acting official unless the nominee was the first assistant to the vacant position and served as such for at least 90 days out of the previous 365 days before the vacancy began. 5 U.S.C. § 3345(b). 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 this finding to Congress, the President, and the Office of Personnel Management.

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