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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.
The Appointments Clause appears at Article II, Section 2, Clause 2 and provides:... and [the President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be ...
The president has the plenary power to nominate and to appoint, while the Senate possesses the plenary power to reject or confirm the nominee prior to their appointment. [2] [3] [4] Alexander Hamilton wrote about the way the Constitution allocates the power of appointment in The Federalist No. 76 (1778). The president, he asserted, should have ...
[25] [27] In some cases, Trump appointed an individual to a high-level "acting" post after the individual's nomination had been withdrawn due to lack of support from the Senate; this was the case in Trump's naming of Anthony Tata to a high-level Defense Department post ("official performing the duties of Deputy Undersecretary of Defense for ...
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 rules for appointment of acting officials are covered in many cases by the Federal Vacancies Reform Act of 1998 (FVRA). [7] Legal scholar Anne Joseph O'Connell notes that one central—and unresolved—question about the nature of acting officials under FVRA is their status under the Appointments Clause of the Constitution of the United ...
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Acting National Security Advisor from September 10, 2019, until the appointment of Robert O'Brien on September 18, 2019. Matthew Pottinger: September 22, 2019 January 6, 2021 Resigned following the 2021 attack on the U.S. Capitol. [138] [82] Senior Director for Asian Affairs of the National Security Council January 20, 2017 September 22, 2019