Federal Vacancies Reform Act of 1998

The Federal Vacancies Reform Act of 1998 (commonly called the Vacancies Act) (5 U.S.C. § 3345 et seq.) 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
Enacted bythe 105th United States Congress
Citations
Public lawPub. L.Tooltip Public Law (United States) 105–277 (text) (PDF)
Legislative history
  • Introduced in the House as Sec. 151 of Division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (H.R. 4328)
  • Passed the House on October 20, 1998 (333–95)
  • Passed the Senate on October 21, 1998 (65–29)
  • Signed into law by President Bill Clinton on October 21, 1998
United States Supreme Court cases
  • NLRB v. SW General, Inc., No. 15-1251, 580 U.S. ___ (2017)
Administrative law of the United States
General
Statutory framework
Regulatory coordination
Judicial review of agency action
Separation of powers
Related areas of law (and agencies)
Related topics

The Act allows an incoming President 300 days in which to temporarily and unilaterally fill positions with "acting" officers. After this initial extended period, the offices officially become vacant and the President has 210 days to fill the vacancies. However, provisions in the Act, described as a loophole, allow the president after these periods to assign the "nonexclusive duties" of a vacant position to a person to perform, provided they are not described as "acting". The de facto acting officers can be described as “performing the duties of...”, or similar description.

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