Vacancies Act: Executive Branch Noncompliance
T-OGC-98-39
Published: Mar 18, 1998. Publicly Released: Mar 18, 1998.
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Highlights
GAO discussed its views on the application of the Vacancies Act to positions that require Senate confirmation.
Recommendations
Matter for Congressional Consideration
| Matter | Status | Comments |
|---|---|---|
| Congress should consider amending the Vacancies Act to explicitly provide that the Vacancies Act can be superseded only by another statute that provides an alternative means for filling a specific, identified vacancy. This would remove any doubt that the basic authorizing statutes of DOJ and others do not preclude application of the Vacancies Act. |
Closed – Implemented
|
Enacted as part of 5 U.S.C. 3347 which prohibits the head of an agency from making an appointment to fill a covered vacancy, unless there is specific language so authorizing. |
| Congress should consider amending the Vacancies Act to prohibit salary payments to those who occupy positions in violation of the Vacancies Act, regardless of whether that individual is also simultaneously lawfully occupying another position. This would provide an incentive for the President and those filling the vacancies to comply with the act. |
Closed – Implemented
|
Congress did amend the Vacancies Act but did not adopt GAO's recommendation regarding nonpayment of salaries. |
| Congress should consider amending the Vacancies Act to include a reporting mechanism, such as requiring agencies to advise the Senate Committee on Governmental Affairs or the Comptroller General about vacancies, their duration, and nominations. This would provide oversight to help assure that vacancies in the government's most responsible positions are timely filled. |
Closed – Implemented
|
Enacted as part of 5 U.S.C. 3349. |