The act requires executive departments and agencies to report to the Congress and to the Comptroller General certain information about a vacancy immediately upon the occurrence of events specified in the act. In the meantime, a federal agency is being run by someone without confirmation (Whitaker’s earlier confirmation for U.S. Attorney would not count). Specifically, we are report... 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 Housing and Urban Development (HUD), Government National Mortgage Association (GNMA) with respect to the GNMA President position. The Act generally limits the... 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 Department of Transportation. Pub. Further, acting officials may not feel empowered to make big but necessary decisions, potentially crippling agency operations. C, tit. Protect Democracy and a cross-partisan group of good-government organizations sent a letter in strong support of Rep. Katie Porter’s (CA-45) Accountability for Acting Officials Act. Because Wolf is not the lawful acting secretary under either statute, his attempt to exercise the power of that office violates the Appointments Clause. Generally, designation or appointment under one of these methods confers upon the official the legal authority to carry out the duties of the office. The last Senate-confirmed Director resigned on January 20, 2017. Research from Stanford University’s Immigration Policy Lab suggests that the new rules could have reduced the number of naturalization applications filed each year by as much as 10 percent. O.L.C. We have found that the senior associate General Counsel of the Department of Agriculture has been serving and continues to serve as acting General Counsel for a period longer than allowed for such acting service under the Act. Congress should add a provision to the FVRA clarifying that, in the event of any conflict, the agency-specific statute would control rather than the FVRA. from Stanford University’s Immigration Policy Lab suggests that the new rules could have reduced the number of naturalization applications filed each year by as much as 10 percent. Vacancy information for prior administrations is provided below. As nonpartisan organizations with an interest in good governance, we write to offer our strong support for the Accountability for Acting Officials Act, which would help to ensure the timely nomination and confirmation of qualified leadership across the Executive Branch by closing increasingly problematic loopholes in the Federal Vacancies Reform Act of 1998 (FVRA). Apr 17, 2007, Vacancy Act Violation Letter-United States Agency for International Development, July 24, 2006, B-307400: 105 -277, Div. Mar 17, 2006, Vacancy Act Violation Letter-Department of Defense, Department of the Army, December 22, 2005, B-305675: On October 30, 2019, Protect Democracy, Advancing Justice-AAJC, the Seattle City Attorney’s Office, and Mayer Brown LLP. According to a national survey conducted in 2011 by the National Immigrant Women’s Advocacy Project at American University, more than 75 percent of the U visa cases filed nationally were based on domestic violence, sexual assault, or human trafficking. The law revises provisions regarding the filling of Federal vacancies to authorize the President, if an appointed officer of an executive agency (defined to include the Executive Office of the President and exclude the GAO) dies, resigns, or is otherwise unable to perform office functions, to direct a person who serves in an office for which appointment is required to perform such functions temporarily in an acting capacity, subject to specified time limitations. The Framers included this requirement to ensure that senior administration officials receive scrutiny by the American people’s representatives in Congress. According to original research by Restore Public Trust, there are currently at least 12 potential violations of the Federal Vacancies Reform Act of 1998 (Vacancies Act), which mandates that an acting official can only remain in that position for 210 days before the office must be vacated. Many of the reforms you include would further the original intent of the FVRA by encouraging timely nomination of qualified individuals from the White House and ensuring that a plan is in place to appoint permanent leadership. Jul 24, 2006, Vacancy Act Violation Letter-Department of Commerce, July 12, 2006, B-307351: Results include only vacancy information that federal departments and agencies have actually submitted to GAO. conducted in 2011 by the National Immigrant Women’s Advocacy Project at American University, more than 75 percent of the U visa cases filed nationally were based on domestic violence, sexual assault, or human trafficking. Currently, approximately 30 percent of high-level positions at the Department of Homeland Security and Department of Defense lack the Senate-confirmed leadership they are supposed to have. “The U visa was created as a bipartisan tool to make communities safer and to provide protection for survivors who come forward. “It gave the FVRA teeth by making all actions taken by illegally-appointed officials void.”. Some authorizing statutes have succession plans that conflict with the FVRA, creating uncertainty about what discretionary appointment authority the President has in these situations. Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. Thanks To The Trump Administration, It’s Unclear.”, , Talking Points Memo (November 20, 2019), Protect Democracy and a cross-partisan group of good-government organizations sent a letter in strong support of Rep. Katie Porter’s (CA-45). The Director of the Office of Science is a Presidential appointment subject to Senate confirmation, and thus is s... 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 Centers for Medicare & Medicaid Services (CMS), within the Department of Health and Human Services, with respect to the Administrator position. When Congress revamped the vacancies regime in the Federal Vacancies Reform Act of 1998 (FVRA), it prioritized flexibility over constraints, and worried more about the specter of a hostile Senate than an indifferent one. Under rules in place since 2010, lawful permanent residents (also commonly referred to as green card holders), who receive means-tested benefits from another government agency, are automatically entitled to a fee waiver, making the process easy for USCIS to administer and for applicants and service providers to complete. Americans prize a system of checks and balances, which President Trump’s dictatorial appointment betrays,” Blumenthal said. The Clause was added to the Constitution by the Founders to ensure that the highest offices in the land would be filled those who are competent to serve and owe their loyalty to the American people and the Constitution, not only to the President. Video footage showed the officers gassing, beating, and kidnapping peaceful protesters while wearing no badges or name tags and driving unmarked vehicles. Specifically, we are reporting that the service of Joseph McDade as Acting General Counsel from November 17, 2017, to... 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 Housing and Urban Development (HUD) with respect to the Inspector General position. Prof. Anne O’Connell has noted that the Obama administration shifted to using acting positions in its second term, even after Congress passed the 2012 Presidential Appointment Streamlining Act, which explicitly relinquished Congressional authority over certain positions. Who Runs The Department Of Homeland Security? Citizens for Responsibility and Ethics in Washington (CREW), National Federation of Federal Employees (NFFE), Public Employees for Environmental Responsibility (PEER). Thanks To The Trump Administration, It’s Unclear.”, Talking Points Memo (November 20, 2019). On approximately July 4, 2020, federal agents from the Department of Homeland Security (DHS) and the U.S. Bypassing the Senate with acting positions. that will present significant barriers to citizenship for tens of thousands of non-wealthy applicants each year. While it is critical to have a structure set up to temporarily fill the leadership vacuum upon a vacancy, that structure should only be used as a stopgap measure while awaiting a qualified nominee to be confirmed. The lawsuit contends that federal law enforcement officers have exceeded the limits of their authority in Portland, Oregon, where protests have persisted since the killing of George Floyd, a Black man, by police in Minneapolis. Without exception for President Trump’s allies, principal officers who report directly to the President must be subject to a hearing and confirmed by the Senate,”, “President Trump has shown utter disregard for the bedrock constitutional plan for top executive branch officials to receive the advice and consent of the Senate before taking office,”, Complaint for Declaratory and Injunctive Relief, Defendants’ Motion for a Stay of Proceedings, Plaintiffs’ Opposition to Defendants’ Motion for a Stay, Defendants’ Reply in Support of Motion for a Stay, Democratic Senators Challenge Whitaker Appointment in Court, Senate Democrats sue to block Trump’s acting attorney general, Matt Whitaker, , The Washington Post (November 19, 2018), A critical lawsuit over the acting attorney general, The legal challenges to Matthew Whitaker’s appointment mount, Dem. In this circumstance, the last day of the period is deemed to be the second day the Senate is next in session and … On November 19, 2018, Protect Democracy and the Constitutional Accountability Center filed a complaint on behalf of U.S. The FVRA, then, specifies who is eligible to serve in an acting capacity for a limited period of time before a new official is confirmed. Until passage of the Presidential Appointment Efficiency and Streamlining Act of 2011 (herein "the Streamlining Act"), the... Pursuant to section 3349(b) of title 5 of the United States Code, we are reporting violations of the Federal Vacancies Reform Act of 1998 ("the Vacancies Reform Act" or "the Act") at the Department of Health and Human Services (HHS) with respect to the General Counsel position. Jul 18, 2016, Violation of the 210-day Limit Imposed by the Federal Vacancies Reform Act of 1998--Department of Health and Human Services, Office of the Assistant Secretary for Health, B-326794: We are working to reassert the FVRA in the following cases that have arisen during this period, and have also proposed reforms to strengthen Congress’s capacity to fulfill its Constitutional role. “Congress passed the FVRA to ensure that the President could not prevent the Senate from playing its constitutional role as a check on the executive branch when vacancies arise,”, Order Granting Plaintiffs’ Motion for Nationwide Preliminary Injunction, Minute Order Granting Nationwide Injunction, Plaintiffs’ Reply in Further Support of Motion for Preliminary Injunction, Defendants’ Opposition to Motion for Preliminary Injunction, Preliminary Injunction Motion: City of Seattle v. DHS, City of Seattle’s Office of Immigrant and Refugee Affairs, Central American Resource Center of California, Amended Complaint: City of Seattle v. DHS, Ken Cuccinelli said goodbye to USCIS, taking on a bigger Homeland Security role. Indeed, this appointment appears planned to accomplish that goal,”, “Donald Trump cannot subvert the Constitution to protect himself and evade accountability. Under the Act, Whitaker can carry out those functions without confirmation for 210 days and then gain another 210 days if the nominee fails to secure confirmation. GAO's role under the Vacancies Reform Act is to collect information agencies are required to report to GAO, and GAO uses this information to report to Congress any violations of the time... 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 Export-Import Bank of the United States (Bank) with respect to the Inspector General position. Dec 15, 2020, Violation of the Time Limit Imposed by the Federal Vacancies Reform Act of 1998: President of the Government National Mortgage Association, B-331539: The Federal Vacancies Reform Act of 1998 (Vacancies Reform Act) provides for temporarily filling vacant executive agency positions that require presidential appointment with Senate confirmation. May 9, 2018, Violation of the Time Limit Imposed by the Federal Vacancies Reform Act of 1998: Inspector General, Department of Housing and Urban Development, B-329918: The Federal Vacancies Reform Act defines who can fulfill the duties of an “acting” official. 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