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B-333853 Jun 28, 2022 1 (2022-06-28)

handle is hein.gao/gaongw0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 Decision Matter of: Department of Defense, Office of Inspector General-Legality of Service of Acting Inspector General File: B-333853 Date: June 28, 2022 DIGEST We consider whether an official is permitted to act in a presidentially appointed, Senate-confirmed (PAS) position during the pendency of third or successive nominations to the position where the first and second nominations were made by a former president. The Federal Vacancies Reform Act of 1998 (Vacancies Act) limits the service of an acting official to 210 days beginning on the date the vacancy occurs, during the pendency of first and second nominations, and for 210 days after the return, withdrawal or rejection of the first and second nominations. In presidential transition years, the Vacancies Act permits an additional 300 days of acting service for any vacancies that exist during the 60-day period beginning on inauguration day. We conclude that an official is eligible to act for a 300-day period from a transitional inauguration day, such as January 20, 2021; however, such official is ineligible to act during the pendency of the third or successive nominations to a position where the pendency of those nominations falls outside of the additional 300-day period of allowable acting service. Accordingly, Sean W. O'Donnell's service as the Acting Inspector General of the Office of Inspector General of the Department of Defense between April 6, 2020 and January 19, 2021, as well as from November 16, 2021 to the present day, was and continues to be in violation of the Vacancies Act. DECISION This responds to a referral sent by the Council of the Inspectors General on Integrity and Efficiency (CIGIE) regarding the legality of Sean W. O'Donnell's service as acting Inspector General of the Department of Defense, Office of Inspector General