Vacancy Act Violation Letter-United States Agency for International Development, July 24, 2006

B-307400: Jul 24, 2006

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Julie Matta
(202) 512-4023


Office of Public Affairs
(202) 512-4800

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 at the United States Agency for International Development (USAID), As you know, the Vacancies Reform Act established new requirements for the temporary filling of vacant executive agency positions that require Presidential appointment and Senate confirmation. The Act generally limits the period of time that such a position may be filled with an acting official to 210 days, 5 U,S.C. 3346. Section 3349(b) requires title Comptroller General, upon a determination that an acting official is serving longer than the 210- day period and any applicable extensions, to report such finding to Congress, the President, and the Office of Personnel Management.

As required by the Vacancies Reform Act, USAID reported to us that a vacancy in the position of Inspector General began on September 3, 2004, when Inspector General Everett Mosley resigned. This position requires Presidential appointment and Senate confirmation under the provisions of the Inspector General Act, and thus is subject to the Vacancies Reform Act. 5 U.S.C. 3345(a). The Department also reported to us that two individuals, James Ebbitt and Bruce Crandlemire, served as Acting Inspector General between September 3, 2004, and December 17, 2005. Mr, Ebbitt served as Acting Inspector General from September 3, 2004, until his retirement in March 2005. Mr. Crandlemire began serving as Acting Inspector General on May 4, 2005, following a designation by the President.