Is @StateDept Reporting Its Vacant Positions Under the Vacancies Reform Act? Barely, According to GAO Database

Posted: 1:56 am ET
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The Federal Vacancies Reform Act of 1998 (Vacancies Reform Act) was enacted on October 21, 1998. (Pub. L. No. 105 -277, Div. C, tit. 1, §151, 112 Stat. 2681-611-16, codified at 5 U.S.C.§§3345-3349d.) The provides new rules for the temporary filling of vacant executive agency positions that require presidential appointment with Senate confirmation. According to the Government Accountability Office, under the Act, an acting officer may serve in a vacant position for no longer than 210 days, with adjustments to be made if the President submits a nomination to fill the position and under other specified circumstances.

The Act requires executive departments and agencies to report to the Congress and to the Comptroller General (GAO) certain information about a vacancy immediately upon the occurrence of events specified in the Act. The Act also provides that the Comptroller General report to specified congressional committees, the President, and the Office of Personnel Management if the Comptroller General determines that an acting officer is serving longer than permitted by the Act.

The GAO notes that its database includes only vacancy information that federal departments and agencies have actually submitted to GAO and may not be complete or the most up-to-date information regarding those vacancies.

The Partnership for Public Service’s  appointment update notes that 48 positions have been referred to the Senate Foreign Relations Committee, 16 have been reported out, and only 9 have been confirmed as of July 31, 2017. PPS’ Political AppointeeTracker for the State Department includes 131 positions.

The State Department has only 36 vacant positions reported to the GAO.  The GAO database for State Department includes one filled vacancy, the Secretary of State, zero officials with pending nominations, 24 positions with identified acting officials (some of those listed have since left the positions), and the rest are positions with no acting officials.

Here’s the relevant part going forward with a ghost town at the top floors of the State Department, via the GAO:

If a vacancy exists during the 60-day period beginning on a transitional inauguration day, the 210-day period begins 90 days after such transitional inauguration day or the date the vacancy occurs, whichever is later. 5 U.S.C. § 3349a(b). The State CFO position became vacant on January 20, 2009, the transitional inauguration day. Accordingly, the 210-day period began to run 90 days after January 20, 2009—on April 20, 2009—and ended on November 16, 2009. Consequently, the position should have been vacant beginning November 17, 2009, until June 12, 2012, when the position was filled.  […]  We have previously determined that using the acting title of a position during the period in which the position should be vacant violates the time limitations in the Vacancies Reform Act.

The item above is from the GAO report on the Violation of the 210-Day Limit Imposed by the Federal Vacancies Reform Act of 1998—Chief Financial Officer, Department of State when James Millette served as Acting CFO at State after November 16, 2009, through on or about November 15, 2011.

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Snapshot: @StateDept Presidential Appointee Positions Requiring Senate Confirmation

Posted: 12:48 am  ET
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POTUS44 nominated Hillary Clinton as the 67th Secretary of State in December 2008. She assumed office on January 21, 2009.  Rex Tillerson had to wait a couple of weeks to get to Foggy Bottom after inauguration day but finally assumed office on February 1, 2017.  Susan Rice was nominated as Ambassador to the UN in December 2008 and assumed post on January 26, 2009. Nikki Haley was confirmed on January 24, 2017.

By January 28, 2009, Jack Lew was at the State Department as Deputy Secretary of State for Management and Resources (D/MR). The following day, Jim Steinberg had also assume post as Deputy Secretary of State (D). To-date, no deputy secretary has been announced and we understand that the D/MR position will not be filled.

The under secretaries in the Obama first term were at post by the following dates:

Under Secretary of State for Political Affairs: Burns, February 29, 2008
Under Secretary of State for Management:: Kennedy, November 15, 2007 (retained)
Under Secretary of State for Economic Growth, Energy, and the Environment: Hormats, September 23, 2009
Under Secretary of State for Public Diplomacy and Public Affairs: McHale, May 26, 2009
Under Secretary of State for Arms Control and International Security Affairs: Tauscher, June 26, 2009
Under Secretary of State for Civilian Security, Democracy, and Human Rights: Otero, August 10, 2009

The Obama White House rolled out its first dozen ambassadors in May 2009; the announcement includes the chief of mission positions for Argentina, Brazil, France, UK, Denmark, Rome, Iceland, India, Japan, Kosovo, and Sri Lanka (see White House Rolls Out First Dozen Ambassadors). The nominees for Sweden, Croatia, Belgium, Switzerland, Belize, etc, were not announced until mid June 2009.

To-date, the Trump White House has announced two ambassadorships (China, Israel). Below is a list of State Department positions, with a link to ambassador positions that require Senate confirmation.

Via CRS:

Full-Time Positions

Department of State 
Secretary – Rex Tillerson (confirmed 2/1/17)
Deputy Secretary
Deputy Secretary—Management and Resources
Under Secretary—Arms Control and International Security
Under Secretary—Economic, Energy and Agricultural Affairs Under Secretary—Civilian Security, Democracy, and Human Rights Under Secretary—Management
Under Secretary—Political Affairs Tom Shannon (confirmed 2/12/16)
Under Secretary—Public Diplomacy and Public Affairs
Assistant Secretary—African Affairs (Although not guaranteed, most recent Assistant Secretaries—African Affairs also held the advice and consent part- time position as a member of the Board of Directors of the African Development Foundation)
Assistant Secretary—Arms Control, Verification and Compliance
Assistant Secretary—Budget and Planning/*Chief Financial Officer (The chief financial officer (CFO) may be appointed by the President, with the advice and consent of the Senate, or may be designated by the President from among agency officials who have been confirmed by the Senate for other positions (31 U.S.C. §901(a)(1)).
Assistant Secretary—Conflict and Stabilization Operations
Assistant Secretary—Consular Affairs
Assistant Secretary—Democracy, Human Rights and Labor
Assistant Secretary—Diplomatic Security/Director—Office of Foreign Missions112 Assistant Secretary—East Asian and Pacific Affairs
Assistant Secretary—Economic, Energy and Business Affairs
Assistant Secretary—Educational and Cultural Affairs
Assistant Secretary—European and Eurasian Affairs
Assistant Secretary—International Narcotics and Law Enforcement Affairs Assistant Secretary—International Organization Affairs
Assistant Secretary—International Security and Nonproliferation
Assistant Secretary—Legislative Affairs
Assistant Secretary—Near Eastern Affairs
Assistant Secretary—Oceans and International Environmental and Scientific Affairs Assistant Secretary—Political-Military Affairs
Assistant Secretary—Population, Refugees and Migration
Assistant Secretary—South and Central Asian Affairs
Assistant Secretary—Western Hemisphere Affairs Ambassador-at-Large—Coordinator—Counterterrorism Ambassador-at-Large—Global Women’s Issues
Ambassador-at-Large—Director—Office to Monitor and Combat Trafficking in Persons Ambassador-at-Large—International Religious Freedom
Ambassador-at-Large—War Crimes Issues
U.S. Permanent Representative to the Organization of American States
U.S. Permanent Representative to the North Atlantic Treaty Organization Coordinator—Reconstruction and Stabilization
Coordinator—U.S. Global AIDS
Director General—Foreign Service – Arnold Chacon (confirmed 12/12/14)
Chief Financial Officer
Inspector General – Steve Linick (confirmed 9/17/2013)
Legal Adviser
Chief of Protocol

Ambassadors
China – Terry Branstad (nominated)
Israel – Friedman David M. (February 2017) pending at SFRC
Republic of Congro – Haskell, Todd Philip (January 2017) pending at SFRC
Republic of Guinea-Bissau – Mushingi, Tulinabo Salama  (January 2017) pending at SFRC

Full list of diplomatic missions below:

Foreign Service Officers (numerous commissions and promotions)

U.S. Mission to the United Nations
U.S. Permanent Representative and Chief of Mission—United Nations: Nikki Haley (confirmed 1/24/17)
U.S. Deputy Permanent Representative—United Nations
U.S. Representative—United Nations Economic and Social Council
U.S. Alternate Representative—Special Political Affairs in the United Nations U.S. Representative—United Nations Management and Reform
U.S. Representative—European Office of the United Nations (Geneva)
U.S. Representative—Vienna Office of the United Nations (also serves as a representative to the International Atomic Energy Agency)
U.S. Representative—International Atomic Energy Agency
U.S. Deputy Representative—International Atomic Energy Agency
U.S. Representative and Alternate Representatives to sessions of the General Assembly and other United Nations Bodies—numerous positions (terms of office depends on length of session)

U.S. Agency for International Development 
Administrator
Deputy Administrator
Assistant Administrator—Sub-Saharan Africa Assistant Administrator—Asia
Assistant Administrator—Europe and Eurasia Assistant Administrator—Food Safety Assistant Administrator—Global Health
Assistant Administrator—Democracy, Conflict, and Humanitarian Assistance Assistant Administrator—Latin America and Caribbean
Assistant Administrator—Middle East
*Assistant Administrator—Legislative and Public Affairs
Assistant Administrator—Policy, Planning and Learning
Assistant Administrator—Economic Growth, Agriculture, and Trade
Inspector General

European Bank for Reconstruction and Development
U.S. Executive Director

International Broadcasting Bureau, Broadcasting Board of Governors
Director

International Joint Commission, United States and Canada
Commissioner—three positions

International Monetary Fund
U.S. Executive Director (two-year term of office)
U.S. Alternate Executive Director (two-year term of office)

Inter-American Development Bank
U.S. Executive Director (three-year term of office—The incumbent of this position also serves as U.S. Executive Director for the Inter-American Investment Corporation.)

U.S. Alternate Executive Director (three-year term of office—The incumbent of this position also serves as U.S. Alternate Executive Director for the Inter-American Investment Corporation.)

U.S. Trade and Development Agency
Director

Organizations with Full- and Part-Time Positions

African Development Bank
U.S. Executive Director (five-year term of office; full-time)
Governor and Alternate Governor (five-year terms of office; part-time)

Asian Development Bank
U.S. Executive Director (full-time) Governor and Alternate Governor (part-time)

International Bank for Reconstruction and Development
U.S. Executive Director (two-year term of office; full-time—The incumbent also serves as U.S. Executive Director for the International Finance Corporation and the International Development Association.)

U.S. Alternate Executive Director (two-year term of office; full-time—The incumbent also serves as U.S. Alternate Executive Director for the International Finance Corporation and the International Development Association.)

Governor (same individual as the International Monetary Fund Governor; five-year term of office; part-time—The incumbent also serves as Governor for the International Finance Corporation and the International Development Association.)

Alternate Governor (five-year term of office; part-time—The incumbent also serves as Alternate Governor for the International Finance Corporation and the International Development Association.)

Millennium Challenge Corporation

Chief Executive Officer (full-time)
*Member, Board of Directors—four (of nine total) positions (part-time; three-year terms of office)

Overseas Private Investment Corporation

President/Chief Executive Officer (full-time)
Executive Vice President (full-time)
*Member, Board of Directors—8 (of 15 total) positions (part-time; three-year terms of office)

Peace Corps

Director (full-time)
Deputy Director (full-time)
*Member, National Peace Corps Advisory Council—15 positions (part-time; political balance required; two-year terms of office)

Part-Time Positions

Advisory Board for Cuba Broadcasting (political balance required)
*Member—eight positions (three-year terms of office)

African Development Foundation, Board of Directors (political balance required)
*Member—seven positions (six-year terms of office)

African Development Fund

Governor and Alternate Governor

Broadcasting Board of Governors (political balance required)
Member—eight (of nine total) positions (three-year terms of office)

Inter-American Foundation, Board of Directors (political balance required)
*Member—nine positions (six-year terms of office)

U.S. Advisory Commission on Public Diplomacy (political balance required)
*Commissioner—seven positions (three-year terms of office)

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