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Tuesday, November 6, 2012

Temporarily Filling Presidentially Appointed, Senate-Confirmed Positions

Henry B. Hogue
Analyst in American National Government

A vacant presidentially appointed, Senate-confirmed position (herein, “advice and consent position”) can be filled temporarily under one of several authorities that do not require going through the Senate confirmation process. Under specific circumstances, many executive branch vacancies can be filled temporarily under the Federal Vacancies Reform Act of 1998 or by recess appointment. In some cases, temporary filling of vacancies in a particular position is specifically provided for in statute. Generally, designation or appointment under one of these methods confers upon the official the legal authority to carry out the duties of the office. Alternatively, an individual may be hired by the agency as a consultant. A consultant does not carry the legal authority of the office, and may act only in an advisory capacity.

Date of Report: October 25, 2012
Number of Pages: 10
Order Number: RS21412
Price: $19.95

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