Page 5 - FCW, Nov/Dec 2017

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Clock runs out for many acting of cials in the Trump administration
For many feds in “acting” roles, the curtain has come down. Under the Federal Vacancies Reform Act of 1998, of cials in acting roles have 210 days before their temporary terms are cut off. The act grants incoming adminis- trations a 90-day extension, giving them 300 days from Inauguration Day before the rst wave of acting of cials trigger the terms of the law.
For the Trump administration, that date was Nov. 15.
The deadline hit the Trump admin- istration as it continues to struggle to staff a broad range of high-level jobs. According to an appointments tracker maintained by the Partnership for Pub- lic Service and the Washington Post, only 173 nominees have been con- rmed out of 610 key positions. There are 169 nominees awaiting con rma- tion, and for 261 posts, there are no nominees.
The act covers about 1,200 executive branch positions that require presiden- tial appointment and Senate con rma- tion, although there are a handful of carve-outs.
“Most acting officials are highly
skilled and knowledgeable, but they lack the perceived authority that comes with being a Senate-con rmed of cial,” Kristine Simmons, vice president of government affairs at the Partnership for Public Service, told FCW. “Many of cials serving in an acting capacity are neither empowered nor comfort- able making major or long-term policy decisions for the administration.”
The law does not provide for the eviction of acting of cials or any other enforcement mechanism, but the of- ces are designated vacant once the time limit is reached. That means that the of cial duties of the of ce devolve to the agency head.
Beyond executive headcounts, the law has implications for policy as well. A Nov. 1 Congressional Research Ser- vice legal sidebar states that, “if the acting of cer remains in of ce and attempts to perform a nondelegable function or duty — one that a statute or regulation expressly assigns to that of ce — that action will ‘have no force or effect.’”
In an opinion issued in March, the Supreme Court ruled that an adverse action taken against a company by the National Labor Relations Board was void because the responsible of cial was serving in an acting role beyond the time period called for in the act.
Furthermore, the law prevents an of cial quali ed under the act from redoing an action deemed void because of a violation of the vacancies act.
— Adam Mazmanian
She added that “this situation cre- ates legal confusion about who is authorized to take action and con- tributes to a leadership vacuum that can handicap the government’s capac- ity to handle a wide array of national security, economic and domestic policy challenges.”
FCW CALENDAR
Nominations due 12/23
FCW’s Federal 100 awards offer the best opportunity to honor federal IT’s top performers in government and industry. Submit nominations at FCW.com/2018fed100 today!
12/6 Shared Services
The cost-savings potential of shared services is
well established, but this event will explore the innovation and ef ciency gains that advanced technologies can bring to the equation. Washington, D.C. fcw.com/sharedservices
12/14 Charity
AFCEA DC’s 42nd annual Winter Gala supports the
U.S. Marine Corps Reserve’s Toys for Tots Program and raises money for local student scholarships and STEM programs.
Washington, D.C.
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