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GGD-00-210R 1 (2000-09-29)

handle is hein.gao/gaocrptalob0001 and id is 1 raw text is: ~GAO Accountability * Integrity * Reliability United States General Accounting Office General Government Division Washington, D.C. 20548 B-286347 September 29, 2000 The Honorable Fred Thompson Chairman, Committee on Governmental Affairs United States Senate Subject: Implementation of the Federal Vacancies Reform Act of 1998 Dear Mr. Chairman: The Federal Vacancies Reform Act of 1998' (Vacancies Reform Act), which took effect on November 21, 1998, provides new requirements for the temporary filling of certain vacant executive agency positions that require presidential appointment and Senate confirmation (PAS positions). The Vacancies Reform Act is intended to create a clear process and a time limit for the temporary filling of those PAS positions. It requires agencies to inform Congress and GAO whenever (1) a PAS position becomes vacant, (2) a vacant position is filled on a temporary basis, (3) a nomination is made to the Senate to fill a vacancy, and (4) a nomination for the position is rejected, withdrawn, or returned. You asked us to assess the Vacancies Reform Act's implementation. More specifically, you asked us to determine whether agencies were (1) notifying Congress and GAO of all reportable vacancies and temporary appointments; (2) submitting timely notifications of vacancies, appointments of acting officials, and nominations to fill vacant positions; and (3) adhering to the 210 day time limit for temporary service. In addition, in conjunction with the second objective, you asked us to describe the procedures followed for reporting vacancies, temporary appointments, and nominations to Congress and GAO. This letter addresses those areas by reviewing information agencies provided for this review and by reviewing data taken from notifications that agencies had previously sent to GAO as required by the Vacancies Reform Act. To determine whether all vacancies and temporary appointments were reported, we reviewed the vacancy and notification histories of 246 PAS positions provided by the White House Office of Presidential Personnel at 11 agencies-the Departments of Agriculture, Commerce, Defense (DOD), Education, Health and Human Services (HHS), the Interior, Justice, Transportation (DOT), the Treasury, and Veterans 5 U.S.C. 3341-3349d GAO/GGD-00-2 1 OR Vacancies Reform Act Page 1

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