Help Wanted: Supreme Court Holds Vacancies Act Prohibits Nominees from Serving as Acting Officers [June 28, 2017]   [open pdf - 128KB]

"As reported by a number of news organizations, many executive branch positions that the President may staff only with the advice and consent of the Senate remain unfilled. An incredibly complex statute, the Federal Vacancies Reform Act of 1998 (Vacancies Act), governs when "acting" officers may temporarily perform the duties of those advice-andconsent positions when the office is vacant. A number of notable positions in the current administration are filled by acting officers, including, for example, the Inspector General of the Department of Defense, the Commissioner of the Bureau of Labor Statistics, and the Solicitor General. A recent Supreme Court case interpreting the Vacancies Act, NLRB v. SW General, Inc., may limit the ability of some of those acting officers to continue serving in their current acting capacity if the President nominates those acting officers to more permanently serve in that office."

Report Number:
CRS Legal Sidebar, June 28, 2017
Public Domain
Retrieved From:
Federation of American Scientists: http://www.fas.org/sgp/crs/index.html
Media Type:
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