Federal Vacancies Reform Act + Follow. 3345-3349d SEC. Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/9/2020. Holdover provisions relating to certain independent establishments. This is part of a new project to develop better tools for bringing real-time legislative data into the classroom. ‘(2) until a successor is appointed or a specified period of time has expired. All judicial employees are required to adhere to the Code of Conduct Applicants must be U. S. citizens or eligible to work in the United States. ‘(b) If the Comptroller General of the United States makes a determination that an officer is serving longer than the 150-day period including the applicable exceptions to such period under section 3346, the Comptroller General shall report such determination to--. Our public interest mission means we will never put our service behind a paywall. ‘(1) another statutory provision expressly provides that such provision supersedes sections 3345 and 3346; [Struck out->] ‘(2) a statutory provision in effect on the date of enactment of the Federal Vacancies Reform Act of 1998 expressly authorizes the President, or the head of an Executive department, to designate an officer to perform the functions and duties of a specified office temporarily in an acting capacity; or [<-Struck out], ‘(2) a statutory provision in effect on the date of enactment of the Federal Vacancies Reform Act of 1998 expressly--, ‘(A) authorizes the President, a court, or the head of an Executive department, to designate an officer or employee to perform the functions and duties of a specified office temporarily in an acting capacity; or, ‘(B) designates an officer or employee to perform the functions and duties of a specified office temporarily in an acting capacity; or. Add a note about this bill. You’ve cast your vote. Presidential inaugural transitions. And we’re back with a new episode, with co-hosts Steve Vladeck and Bobby Chesney discussing and debating the latest national security law news … By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Vacancies Reform Act of … Executive Order 13753: Amending the Order of Succession in the Department of Homeland Security [open pdf - 188 KB] "By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Vacancies Reform Act of 1998, 5 U.S.C. ‘(a) The person serving as an acting officer as described under section 3345 may serve in the office--, ‘(1) for no longer than 150 days beginning on the date the vacancy occurs; or, ‘(2) subject to subsection (b), once a first or second nomination for the office is submitted to the. Nov. 16 looms large for government leaders paying attention to the 1998 Federal Vacancies Reform Act. ‘(b)(1) If the first nomination for the office is rejected by the Senate, withdrawn, or returned to the President by the Senate, the person may continue to serve as the acting officer for no more than 150 days after the date of such rejection, withdrawal, or return. perform any function or duty of such office, until a nomination is made in accordance with subparagraph (A); ‘(2) if the President does not submit a second nomination to the Senate within 150 days after the date of the rejection, withdrawal, or return of the first nomination--, ‘(A) the office shall remain vacant until the President submits a second nomination to the Senate; and, ‘(B) in the case of an office other than the office of the head of an Executive agency (including the Executive Office of the President, and other than the General Accounting Office), only the head of such Executive agency may perform any function or duty of such office, until a nomination is made in accordance with subparagraph (A); and, ‘(3) if an office is vacant after 150 days after the rejection, withdrawal, or return of the second nomination--, ‘(A) the office shall remain vacant until a person is appointed by the President, by and with the advice and consent of the Senate; and. This directory connects the people helping to plan and design our next federal government with information and resources related to that effort Read More >. ‘(ii) is the performance of a function or duty of such vacant office. ‘(2) [Struck out->] If [<-Struck out] Notwithstanding paragraph (1), if a second nomination for the office (of a different person than first nominated in the case of a rejection or withdrawal) is submitted to the Senate [Struck out->] during the 150-day period [<-Struck out] after the rejection, withdrawal, or return of the first nomination, the person serving as the acting officer may continue to serve--, ‘(A) until the second nomination is confirmed; or. ‘(3) the President makes an appointment to fill a vacancy in such office during the recess of the Senate pursuant to clause 3 of section 2 of article II of the United States Constitution. Please join our advisory group to let us know what more we can do. Young Americans have historically been the least involved in politics, despite the huge consequences policies can have on them. ‘(2) notwithstanding paragraph (1), the President (and only the President) may direct a person who serves in an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate, to perform the functions and duties of the office temporarily in an acting capacity, subject to the time limitations of section 3346. We’ll be in touch. Part III presents four ar-guments against the constitutionality of the Act. Summary The Federal Vacancies Reform Act of 1998 (Vacancies Act) generally provides the exclusive means by which a government employee may temporarily perform the nondelegable functions and duties of a vacant advice-and-consent position in an executive agency. Today, 57 senators sent a letter to Senate leadership asking them to pass the Craft Beverage Modernization and Tax Reform Act (CBMTRA, S.362/H.R. ‘(3) the President submits a nomination of such person to the Senate for appointment to such office. Now we’re on Instagram too! 6 (b) AMENDMENT OF 1986 CODE.—Except as other-7 wise expressly provided, whenever in this Act an amend-8 ment or repeal is expressed in terms of an amendment 9 to, or repeal of, a section or other provision, the reference If you’ve visited a bill page on GovTrack.us recently, you may have noticed a new “study guide” tab located just below the bill title. (a) IN GENERAL- Chapter 33 of title 5, United States Code, is amended by striking sections 3345 through 3349 and inserting the following: ‘(a) If an officer of an Executive agency (including the Executive Office of the President, and other than the General Accounting Office) whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate, dies, resigns, or is otherwise unable to perform the functions and duties of the office--, ‘(1) the first assistant of such officer shall perform the functions and duties of the office temporarily in an acting capacity, subject to the time limitations of section 3346; or. Office of Legal Counsel (202) 514-2051. ‘(4) the date of a rejection, withdrawal, or return of any nomination immediately upon such rejection, withdrawal, or return. 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