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B-302788 1 (2005-01-21)

handle is hein.gao/gaobadvte0001 and id is 1 raw text is: .F ....... O........ 1 . ........ 0 .. .... .... Accountability * Integrity * Reliability United States Government Accountability Office Washington, DC 20548 B-302788 January 21, 2005 The Honorable Harriet Miers Counsel to the President The White House Subject: Agency Reporting Requirements under the Vacancies Reform Act Dear Ms. Miers: I am writing to request your assistance, in your new position as White House Counsel, in reminding executive branch agencies of their duties under the Federal Vacancies Reform Act of 1998. 5 U.S.C. §§ 3345-3349d. Under the Act, executive agencies must report to the Comptroller General any vacancy that occurs in a presidentially appointed, Senate-confirmed (PAS) position subject to the Act, the service of any acting official in such a position, a nomination to such a position, and the rejection, withdrawal, or return of such a nomdination. 5 U.S.C. § 3349(a). In addition, agencies must ensure that acting officials do not exceed the statutory time restrictions that limit service in an acting capacity. 5 U.S.C. § 3346. As you may know, the Act generally limits such service to 210 days from the date of the vacancy and requires the Comptroller General to report any violations of these time restrictions to Congress, the President, and the Office of Personnel Management. 5 U.S.C. §§ 3346, 3349(b). Your predecessor, Alberto Gonzales, was quite helpful in notifying agencies of their duties under the Act. In March of 2001, he sent the enclosed memorandum to the heads of agencies notifying them of their statutory responsibilities. A similar memorandum from your office might again be helpful in light of the increased number of vacancies at the start of a new presidential term. We would be happy to meet with you and offer any assistance in notifying agencies of their responsibilities under the Act. I am also enclosing a letter that I sent to the heads of executive agencies earlier this year to remind them of the Act's requirements.