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B-333857 Apr 18, 2022 1 (2022-04-18)

handle is hein.gao/gaomyx0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-333857 April 18, 2022 The President The White House Subject: Violation of the Time Limit Imposed by the Federal Vacancies Reform Act of 1998: Administrator, Office of Information and Regulatory Affairs 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),1 at the Office of Information and Regulatory Affairs (OIRA), Office of Management and Budget (OMB), with respect to the Administrator position. Specifically, we are reporting that the service of Dr. Dominic J. Mancini as Acting Administrator from November 16, 2021, through December 7, 2021, was in violation of the Act. Because no one is currently using the acting title for this position, there is no continuing violation.2 The Vacancies Act establishes requirements for temporarily authorizing an acting official to perform the functions and duties of certain vacant positions that require 1 5 U.S.C. §§ 3345-3349d. 2 We contacted OMB to seek factual information and its legal views on the matter. Email from Assistant General Counsel for Appropriations Law, GAO, to General Counsel, OMB (Dec. 7, 2021); Letter from Managing Associate General Counsel for Appropriations Law, GAO, to General Counsel, OMB (Dec. 22, 2021); Email from Assistant General Counsel for Appropriations Law, GAO, to Deputy General Counsel, OMB (Mar. 25, 2022). OMB responded with its explanation of pertinent facts, legal analysis, and supporting documents. OMB, Responses to GAO's Questions Regarding B-333857 (Feb. 16, 2022) (OMB Responses); Memorandum from Acting Director, OMB, to Associate Administrator, OIRA, Delegation of Authorities (Oct. 18, 2021) (Block Delegation); Memorandum from Acting Director, OMB, to Deputy Administrator, OIRA, Delegation of Authorities (Jan. 31, 2022) (Mancini Delegation); Memorandum from Acting Director, OMB, to Deputy Administrator, OIRA, Designation of First Assistant to the OIRA Administrator Under the Federal Vacancies Reform Act of 1998 (Feb. 14, 2022) (First Assistant Designation); Email from Deputy General Counsel, OMB, to Assistant General Counsel for Appropriations Law, GAO (Mar. 29, 2022) (OMB March 2022 Email).

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