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GAO-01-468R 1 (2001-02-23)

handle is hein.gao/gaocrptandb0001 and id is 1 raw text is: Accountability * Integrity * Reliability United States General Accounting Office Washington, DC 20548 February 23, 2001 The Honorable Fred Thompson Chairman, Committee on Governmental Affairs United States Senate Subject: Eligibility Criteria for Individuals to Temporarily Fill Vacant Positions Under 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, provided 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. For example, it generally limits the period in which vacant PAS positions can be filled on a temporary basis to 210 days, with the 210 days beginning on the date the vacancy occurred. At the end of the 210-day limit, the position can no longer be filled on an acting basis. The Vacancies Reform Act extends or resets the 210-day period under certain circumstances, such as during Presidential inaugural transitions or when a nomination is pending before Congress. It also provides specific criteria that must be met in order for individuals to temporarily fill vacant PAS positions. At your request, we are reviewing agencies' implementation of the Act. We provided you with an interim report on our work in a September 29, 2000, correspondence.2 As part of our work, you asked that we provide this letter describing (1) the criteria that must be met in order for someone to temporarily fill a vacant PAS position under the Act and (2) the types of documents that are relevant to showing that the criteria are met. We reviewed the statute and its legislative history to identify the eligibility criteria that must be met and used our experience in personnel matters to identify the ' The Act (5 U.S.C. §§ 3345-3349d.) excludes from its coverage certain specified officers such as any member of a board or commission that is composed of multiple members and governs an independent establishment or Government corporation. In addition, the Act recognizes that there are other mechanisms, such as specified statutes, that allow acting officials to fill vacant PAS positions on a temporary basis outside of the Vacancies Reform Act. 2 Implementation of the Federal Vacancies Reform Act of 1998 (GAO/GGD-00-210R, Sept. 29, 2000). GAO-01-468R Vacancies Reform Act

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