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GAO-02-272R 1 (2001-12-07)

handle is hein.gao/gaocrptanxp0001 and id is 1 raw text is: Sai Accountability * Integrity * Reliability United States General Accounting Office Washington, DC 20548 December 7, 2001 The Honorable Joseph I. Lieberman Chairman The Honorable Fred Thompson Ranking Minority Member Committee on Governmental Affairs United States Senate The Honorable Dan Burton Chairman The Honorable Henry A. Waxman Ranking Minority Member Committee on Government Reform House of Representatives Subject: Changed Interpretation of Requirements Related to First Assistants Under the Federal Vacancies Reform Act of 1998 The Congress passed the Federal Vacancies Reform Act of 1998' (Vacancies Reform Act) to establish, among other things, new requirements for the temporary filling of vacant executive agency positions that require presidential appointment and Senate confirmation (PAS positions). The act provides that only certain classes of individuals may serve as acting officers2 and that, in the absence of a designation by the President of another qualified individual, a first assistant of a vacant office shall perform the functions and duties of the office temporarily.3 This letter is to inform you that the Department of Justice has recently changed its interpretation of the circumstances under which a first assistant may serve on an acting basis. The Vacancies Reform Act provides that when PAS positions covered by the act become vacant, the first assistant to the office of such officer shall perform the functions and duties of the office temporarily in an acting capacity subject to the time limitations established under the act.4 The act also provides that the first assistant is not eligible to serve as the acting officer if: (A) during the 365-day period preceding the date of the death, resignation, or beginning of inability to serve, such person- 5 U.S.C. §§ 3345 - 3349d. 2 5 U.S.C. § 3345. 3 5 U.S.C. § 3345(a)(1)(2) and (3). 4 5 U.S.C. § 3345(a)(1). GAO-02-272R Vacancies Reform Act

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