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B-335739 Feb 08, 2024 1 (2024-02-08)

handle is hein.gao/gaopvr0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-335739 February 8, 2024 The President The White House Subject: Violation of the Time Limit Imposed by the Federal Vacancies Reform Act of 1998: Assistant Secretary for Economic Policy, U. S. Department of the Treasury 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 the Treasury (Treasury) with respect to the position of Assistant Secretary for Economic Policy (Assistant Secretary). Specifically, we are reporting that the service of Eric A. Van Nostrand as Acting Assistant Secretary from October 26, 2023, through November 19, 2023, was in violation of the Act.2 Because no one is currently using the acting title for this position, there is no continuing violation. 1 5 U. S. C. §§ 3345-3349d. 2 We contacted Treasury to seek factual information and its legal views on the matter. Letter from Assistant General Counsel for Appropriations Law, GAO, to General Counsel, Treasury (Nov. 17, 2023); Email from Senior Staff Attorney, GAO, to Assistant General Counsel for General Law, Ethics & Regulation, Treasury (Dec. 13, 2023); Email from Senior Staff Attorney, GAO, to Assistant General Counsel for General Law, Ethics & Regulation, Treasury (Dec. 20, 2023). Treasury responded with its explanation of pertinent facts, legal analysis, and supporting documents. Letter from Assistant General Counsel for General Law, Ethics & Regulation, Treasury, to Assistant General Counsel for Appropriations Law, GAO (Nov. 30, 2023) (Treasury Response) (with attachments); Email from Assistant General Counsel for General Law, Ethics & Regulation, Treasury, to Senior Staff Attorney, GAO (Dec. 15, 2023) (Treasury Supplemental Response); Email from Assistant General Counsel for General Law, Ethics & Regulation, Treasury, to Senior Staff Attorney, GAO (Jan. 10, 2024) (Treasury Third Response).

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