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The Federal Vacancies Reform Act of 1998 (commonly called the Vacancies Act) (5 U.S.C. § 3345 et seq. [1]) is a United States federal statute establishing the procedure for filling vacancies in an appointed office of an executive agency of the government before the appointment of a permanent replacement.
Federal Vacancies Reform Act of 1998 SW General, Inc. , 580 U.S. ___ (2017), was a case in which the Supreme Court of the United States held that a person who has been nominated by the President of the United States for a position cannot hold the same job on an acting basis while awaiting Senate confirmation .
Once Esper was officially nominated on July 15, he stepped down in accordance with the Federal Vacancies Reform Act of 1998; Richard V. Spencer, the Secretary of the Navy, then became acting secretary. [143] On July 23, Esper was confirmed by the Senate in a vote of 90–8 and was sworn in later that day. [144]
The Presidential Appointment Efficiency and Streamlining Act of 2011 (Pub. L. 112–166 (text)), signed into law on August 10, 2012, eliminates the requirement of Senate approval for 163 positions, allowing the president alone to appoint persons to these positions: [7] Parts of the act went into effect immediately, while other parts took effect ...
The first appointment was ruled invalid by a federal judge in March 2020; the second was found invalid by GAO in August 2020. Beginning in 2019, multiple appointments of acting officials in the United States Department of Homeland Security (DHS) were questioned, on the basis of whether the appointments were legal under the Federal Vacancies ...
Leandra English v. Donald Trump, et al., No. 1:17-cv-02534 (D.D.C. 2017), was a lawsuit before the United States District Court for the District of Columbia.The plaintiff, Leandra English, alleged that the defendants, Donald Trump and Mick Mulvaney, violated 12 U.S.C. § 5491(b)(5)(B), a component of the Dodd–Frank Act of 2010, when President Trump appointed Mulvaney to be Acting Director of ...
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In the United States, a recess appointment is an appointment by the president of a federal official when the U.S. Senate is in recess.Under the U.S. Constitution's Appointments Clause, the president is empowered to nominate, and with the advice and consent (confirmation) of the Senate, make appointments to high-level policy-making positions in federal departments, agencies, boards, and ...