Federal Vacancies Reform Act of 1998

The Federal Vacancies Reform Act of 1998 is a United States law that requires the executive branch departments and agencies to report to Congress and Government Accountability Office (GAO) information about the temporary filling of vacant executive agency positions that require presidential appointment with Senate confirmation. The act requires the Comptroller General report to specified congressional committees, the president, and the Office of Personnel Management if an acting officer is determined to be serving longer than the 210 days (including applicable exceptions) established by the act.

The Congressional Research Service summary on the legislation states: Revises provisions regarding the filling of Federal vacancies to authorize the President, if an appointed officer of an executive agency (defined to include the Executive Office of the President and exclude the GAO) dies, resigns, or is otherwise unable to perform office functions, to direct a person who serves in an office for which appointment is required to perform such functions temporarily in an acting capacity, subject to specified time limitations. Retains the requirement that the first assistant of such officer shall perform such functions temporarily in an acting capacity as well, subject to specified time limitations and the limitations described below. Bars a person from serving as an acting officer if:

Applies vacancy provisions of the Federal judicial code with respect to the office of the Attorney General. Revises time limitations on temporary appointments, limiting service to 150 (currently, 120) days, or, once a first or second nomination for the office is submitted to the Senate, to the period the nomination is pending. Changes the 120-day limitation to 150 days with respect to provisions regarding rejection, withdrawal, or return of nominations. Makes vacancy and time limitation provisions applicable to any affected office for which an advice and consent appointment is required unless:

Sets forth additional requirements with respect to presidential nominations to fill vacant offices, requiring that an office, if it remains vacant after 150 days after the rejection, withdrawal, or return of a second presidential appointment nomination, remain vacant until a person is appointed by the President, by and with the advice and consent of the Senate. Permits, in such instance, only the head of an executive agency to perform office functions until such appointment is made in the case of an office other than the office of head of an executive agency. Provides that any action to perform a function of a vacant office by a person filling a vacancy in violation of requirements or by a person who is not filling such vacancy shall have no effect. Directs the heads of affected executive agencies to submit to the Comptroller General and to the Congress:

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