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B-332617 1 (2021-01-19)

handle is hein.gao/gaobaecif0001 and id is 1 raw text is: Ijoo U.S. GOVERNMENT ACCOUNTABILITY OFFICE G A0 A Century of Non-Partisan Fact-Based Work 441 G St. N.W. Washington, DC 20548 B-332617 January 19, 2021 The President The White House Subject: Violation of the Time Limit Imposed by the Federal Vacancies Reform Act of 1998: Administrator, Federal Transit Administration 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 (Vacancies Act) at the Federal Transit Administration (FTA), Department of Transportation (DOT), with respect to the Administrator position. Pub. L. No. 105-277, div. C, title I, 112 Stat. 2681-611 (Oct. 21, 1998), as amended, 5 U.S.C. §§ 3345-3349d. Specifically, we are reporting that the service of K. Jane Williams as FTA Acting Administrator from August 1, 2020, until on or about October 19, 2020, was in violation of the Vacancies Act. Because no one is currently using the acting title for this position, there is no continuing violation. The Vacancies 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 Act limits the service of an acting official to 210 days beginning on the date the vacancy occurs. 5 U.S.C. § 3346(a). The Vacancies Act also permits acting service during the pendency of a nomination before the Senate. Id. § 3346(a)(2). If a nomination is rejected by the Senate, withdrawn, or returned to the President by the Senate, then the Act permits the official to continue to serve in the acting position for no more than 210 days after such rejection, withdrawal, or return. Id. § 3346(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 such findings to Congress, the President, and the Office of Personnel Management. DOT previously reported to us that there was a vacancy in the position of FTA Administrator.1 GAO's Executive Vacancy System. The President nominated Thelma Drake for the position on January 16, 2019, and we received a report from DOT providing that the Senate returned the nomination of Ms. Drake for such 1 The vacancy began due to the resignation of Peter M. Rogoff.

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