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B-335587 Jan 25, 2024 1 (2024-01-25)

handle is hein.gao/gaoptz0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-335587 January 25, 2024 The President The White House Subject: Violation of the Time Limit Imposed by the Federal Vacancies Reform Act of 1998: Legal Adviser, U. S. Department of State 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 U.S. Department of State (State) with respect to the position of Legal Adviser. Specifically, we are reporting that the service of Richard Visek as Acting Legal Adviser from August 2, 2023, through the present day is in violation of the Act.2 While the inauguration of a new President resets and extends the 210-day acting service period for existing vacant positions, the Vacancies Act does not authorize additional acting service for the pendency of a third or successive nomination for a vacant position, or after the nomination's rejection, withdrawal, or return, even if the nomination represents the first or second nomination made by a newly inaugurated President. See B-333853, June 28, 2022; B-334690, Feb. 8, 2023. Requirements of the Vacancies Act 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 (PAS positions). The Act 1 5 U. S. C. §§ 3345-3349d. 2 We contacted State to seek factual information and its legal views on the matter. Letter from Assistant General Counsel for Appropriations Law, GAO, to Acting Legal Adviser, State (Sept. 25, 2023); Email from Senior Attorney, GAO, to Assistant Legal Adviser, Employment Law, State (Dec. 5, 2023). State responded with its explanation of pertinent facts, legal analysis, and supporting documents. Email from Assistant Legal Adviser, Employment Law, State, to Assistant General Counsel for Appropriations Law, GAO (Oct. 24, 2023) (State Response) (with attachments); Email from Assistant Legal Adviser, Employment Law, State, to Senior Attorney, GAO (Dec. 5, 2023) (State Supplemental Response).

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