Violation of the Time Limit Imposed by the Federal Vacancies Reform Act of 1998: Assistant Secretary of Defense for International Security Affairs, Department of Defense

Pursuant to section 3349(b) of title 5 of the United States Code, we are reporting a violation of the Federal Vacancies Reform Act of 1998 (herein "the Vacancies Reform Act" or "Act") at the Department of Defense (DOD) with respect to the Assistant Secretary of Defense (ASD) for International Security Affairs position. Pub. L. No. 105-277, div. C, title I, 112 Stat. 2681-611 (Oct. 21, 1998), as amended, 5 U.S.C. statute 33453349d. Specifically, we are reporting that the service of Kathryn L. Wheelbarger, who used the title of Acting ASD for International Security Affairs beyond the permissible timeframe from June 4, 2019, until on or about June 19, 2019, was in violation of the Act. However, because Ms. Wheelbarger is no longer using the acting title, there is no continuing violation. The Vacancies Reform Act establishes requirements for temporarily authorizing an acting official to perform the functions and duties of certain vacant positions that require presidential appointment and Senate confirmation (PAS). The Act generally limits the period of time that such a position may be filled with an acting official to 210 days beginning on the date the vacancy occurs. 5 U.S.C. statute 3346(a)(1). Under the provisions of section 3349(b), the Comptroller General is required, upon a determination that an acting official has served longer than the allowable period of service, to report such findings to Congress, the President, and the Office of Personnel Management.