Reading Room Document

Federal Vacancies Reform Act's Application to a Vacancy for Which Prior Presidents Submitted Multiple Nominations

Upon the inauguration of a new President, the Federal Vacancies Reform Act restarts the entire timing sequence for acting service in a position that was vacant on inauguration day, authorizing an acting official to serve for up to 300 days after inauguration day, during the pendency of the new President's first and second nominations for the vacant position, and for 210 days following the rejection, withdrawal, or return of a first or second nomination submitted by the new President. The original opinion is available at https://www.justice.gov/olc/opinion/file/1547721/download.

October 21, 2022