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GAO-01-1083R 1 (2001-09-06)

handle is hein.gao/gaocrptamux0001 and id is 1 raw text is: SGAO Accountability * Integrity * Reliability United States General Accounting Office Washington, DC 20548 September 6, 2001 The Honorable Patrick Leahy Chairman, Committee on the Judiciary United States Senate The Honorable Fred Thompson Ranking Minority Member Committee on Governmental Affairs United States Senate Subject: Presidential Appointments: Qualifications of Acting Officials at the Department of Justice Under the Federal Vacancies Reform Act of 1998 Because of your interest in how the management transition at the Department of Justice was progressing under the provisions of the Federal Vacancies Reform Act of 1998 (Vacancies Reform Act), you asked us on March 7, 2001, for an accounting of the vacancies for positions which require Presidential appointment and Senate confirmation (PAS positions). This request follows the first presidential transition subject to the Vacancies Reform Act. This act, which took effect on November 21, 1998, established new requirements for the temporary filling of vacant executive agency PAS positions and is intended to create a clear process and a time limit for the temporary filling of PAS positions. The act provides specific criteria that must be met by individuals who temporarily fill vacant positions. For the PAS positions as of March 7, 2001, at the Department of Justice, we agreed to provide you: (1) the date each position became vacant, (2) the date each acting official was appointed, (3) the names of the individuals serving in these positions, and (4) an assessment of whether the acting officials were eligible to serve in that role under the Vacancies Reform Act.' In summary, as of March 7, 2001, of the 35 PAS positions at the headquarters of the Department of Justice, 19 positions were filled with acting officials, 13 were filled with individuals confirmed before the start of the Bush administration, and one - the Attorney General - was confirmed in the new administration. The remaining two positions, the Associate Attorney General of the Department of Justice and a Regional Commissioner of the United States Parole Commission were vacant and not filled with anyone serving in an acting capacity. Of the 19 acting officials, 3 were acting officials because they were first assistants as defined under the Vacancies 'As agreed with your offices, we did not review the status of the U.S. Attorneys or the U.S. Marshals, which are PAS positions excepted by the Vacancies Reform Act, 5 U.S.C. § 3347(a)(1). GAO-01-1083R Federal Vacancies Reform Act

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