Some “Acting” Officials Will Soon Lose Authority
Some government officials who are serving on an “acting” basis because a permanent replacement has not yet been named will lose their ability to function this month when their legal authority is nullified under the terms of the Vacancies Act.
In the Trump Administration there are hundreds of government agency positions requiring Senate confirmation that have gone unfilled. In many cases, their responsibilities have been assumed by “acting” officials.
But by law, that arrangement can only be temporary. The Federal Vacancies Reform Act of 1998 specifies that “acting” officers can fill positions requiring confirmation for no more than 210 days. If the position is vacant at the start of a new Administration, an extension of 90 days is allowed, for a total of 300 days.
The 300 day period from Inauguration Day last January 20 will end on November 16, 2017. After that, certain acting officials will no longer be able to carry out their duties.
“If the acting officer remains in office and attempts to perform a nondelegable function or duty — one that a statute or regulation expressly assigns to that office — that action will ‘have no force or effect’,” according to a new brief from the Congressional Research Service.
See Out of Office: Vacancies, Acting Officers, and Day 301, CRS Legal Sidebar, November 1, 2017. See also The Vacancies Act: A Legal Overview, October 30, 2017.
President Trump does not appear to be concerned about the matter. Asked about high level vacancies in the State Department last week, he told Laura Ingraham of Fox that most of the government positions awaiting confirmed nominees were superfluous. “I’m the only one that matters,” he said.
Without a robust education system that prepares our youth for future careers in key sectors, our national security and competitiveness are at risk.
The Federation of American Scientists applauds the United States for declassifying the number of nuclear warheads in its military stockpile and the number of retired and dismantled warheads.
The Federation of American Scientists (FAS) takes its role as a beacon and voice of the scientific community very seriously. We strive for a world that is both more inclusive and informed by science, and are committed to the idea that the path to that world starts by modeling it within our organization.
To understand the range of governmental priorities for the bioeconomy, we spoke with key agencies represented on the National Bioeconomy Board to collect their perspectives.