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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 (herein "the Vacancies Reform Act" or "Act") at the Department of State (State) with respect to the Chief Financial Officer (CFO) position. The CFO at State may either be appointed by the President with Senate confirmation or designated by the President from among officials at State who have already been Senate confirmed, and thus is subject to the Vacancies Reform Act. 5 U.S.C. 3345(a). Specifically, we are reporting that the service of James Millette as Acting CFO at State after November 16, 2009, through on or about November 15, 2011, was in violation of the Act. Since the CFO position was subsequently filled, we believe no further action on this issue is necessary.

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