*HomeU.S. Government Accountability Office*
Menu

      close


          
          
                          	
				
				
	
	
					Reports & Testimonies
									
																				
				
				
	
	
								Reports & Testimonies
													
																												
																						
							
																Recommendations Database
							
																												
																						
							
																Month in Review
							
																												
																						
							
																Order Copies
							
																												
																						
							
																Restricted Reports
							
																												
																						
							
																View Topics
							
																												
																						
							
																View Agencies
							
																												
																						
							
																Bid Protests & Appropriations Law
									
																				
				
				
	
	
								Bid Protests & Appropriations Law
													
																												
																						
							
																Bid Protests
							
																												
																						
							
																Appropriations Law
							
																												
																						
							
																Federal Vacancies Reform Act
							
																												
																						
							
																Other Legal
							
																												
																						
							
																About
									
																				
				
				
	
	
								About
													
																												
																						
							
																What GAO Does
							
																												
																						
							
																U.S. Comptroller General
							
																												
																						
							
																Careers
							
																												
																						
							
																Contact UsFor Congress
                                
                          
        
                Press Center
                                
                          
        
                Careers
                                
                          
        
                BlogSearch Breadcrumb
        Home
                            Reports & Testimonies
                            Violation of The Time Limit Imposed By The Federal Vacancies Reform Act of 1998: Administrator, Federal Transit Administration
    Violation of the Time Limit Imposed by the Federal Vacancies Reform Act of 1998: Administrator, Federal Transit Administration **B-332617**
        Jan 19, 2021Jump To:
    Jump ToElder Abuse
          Services for Older Adults
          State and Local-Level Drivers and Trends
          State and Local Fiscal Projections
          Federal Borrowing
          Managing the Debt
          Summary of Funding Provisions
          Auditing the Government's Books
          Unpacking the Financial Report
          Highlights
          Recommendations
          Background
          About This Work
          About This Work
          Trends
          About the Center
          Why It's High Risk
          What Remains To Be Done
          Key Reports
          Newest COVID-Related Reports
          AI Use Cases
          Flood Insurance
          Past Pandemic-Related Reports
          CARES Act Oversight Reports
          All COVID-19 Reports
          Report Suspected Fraud
          Subjects
          How to Get Notified
          Past Reports
          Public Health Threats
          Explore the FY 2022 and 2023 Funds
          Lessons Learned
          Agency Reports
          Recent Reports
          Recommendations
          Supplemental Material
          Full Report
          Additional Data
          View Decision
          Downloads
          Previously Identified Actions
          Related Pages
          Associated Agencies
          Tough Choices and Opportunities Ahead
          Americas Fiscal Future Key Areas
          Retirement Security Key Areas
          Current List
          About The High Risk List
          Area Ratings
          Previous High Risk Products
          Search Federal Vacancies
          Past Federal Vacancies
          Violation Letters
          About the Yellow Book
          Advisory Council
          Related Resources
          Comment Letters
          Related Publications
          Contacts and Resources
          Major Issues Facing the Nation
          Meeting Strategic Challenges
          Additional Resources
          Resources
          GAO Contacts
          Mission Teams
          Operations and Staff Offices
          Organization Chart
          Why a Career at GAO?
          Am I Qualified?
          Company Culture
          Reasonable Accommodations
          Video Gallery
          Paid Internships
          Student Volunteers
          Professional Development Program
          Advancement
          Executive Candidate Program
          Summer Associates
          Externships
          Benefits
          Contacts
                    Skip to Highlights
Highlights
  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 (Vacancies Act) at the Federal Transit Administration (FTA), Department of Transportation (DOT), with respect to the Administrator position. Pub. L. No. 105-277, div. C, title I, 112 Stat. 2681-611 (Oct. 21, 1998), as amended, 5 U.S.C. §§ 3345–3349d. Specifically, we are reporting that the service of K. Jane Williams as FTA Acting Administrator from August 1, 2020, until on or about October 19, 2020, was in violation of the Vacancies Act. Because no one is currently using the acting title for this position, there is no continuing violation.

  View DecisionB-332617

January 19, 2021

The President
The White House

Subject:  *Violation of the Time Limit Imposed by the Federal Vacancies Reform Act of 1998: Administrator, Federal Transit Administration*

Dear Mr. President:

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 (Vacancies Act) at the Federal Transit Administration (FTA), Department of Transportation (DOT), with respect to the Administrator position.  Pub. L. No. 105-277, div. C, title I, 112 Stat. 2681-611 (Oct. 21, 1998), as amended, 5 U.S.C. §§ 3345–3349d.  Specifically, we are reporting that the service of K. Jane Williams as FTA Acting Administrator from August 1, 2020, until on or about October 19, 2020, was in violation of the Vacancies Act.  Because no one is currently using the acting title for this position, there is no continuing violation.

The Vacancies 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.  Generally, the Vacancies Act limits the service of an acting official to 210 days beginning on the date the vacancy occurs.  5 U.S.C. § 3346(a).  The Vacancies Act also permits acting service during the pendency of a nomination before the Senate.  *Id.* § 3346(a)(2).  If a nomination is rejected by the Senate, withdrawn, or returned to the President by the Senate, then the Act permits the official to continue to serve in the acting position for no more than 210 days after such rejection, withdrawal, or return.  *Id.* § 3346(b).  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.

DOT previously reported to us that there was a vacancy in the position of FTA Administrator.[1]  GAO’s Executive Vacancy System.  The President nominated Thelma Drake for the position on January 16, 2019, and we received a report from DOT providing that the Senate returned the nomination of Ms. Drake for such position on January 3, 2020.  *Id.*K. Jane Williams was designated as the Acting Administrator at that time.  *Id.*  When Ms. Drake’s nomination was returned on January 3, 2020, a new 210‐day period of permissible acting service began.  5 U.S.C. § 3346(b).  At that time, Ms. Williams was designated as the Acting Administrator.  The period of permissible acting service ended on July 31, 2020, but the DOT and FTA websites continued to list Ms. Williams as the Acting Administrator until on or about October 19, 2020.

When we inquired about a potential violation of the permissible period of acting service, DOT acknowledged that the websites mistakenly listed Ms. Williams as Acting Administrator after July 31, 2020, but explained that, after our inquiry, the websites were corrected.  Letter from Assistant General Counsel, GAO, to General Counsel, DOT (Oct. 27, 2020); Letter from Assistant General Counsel for General Law, DOT, to Assistant General Counsel, GAO (Nov. 5, 2020).  We have previously determined that an agency violates the time limitations in the Vacancies Act if it identifies an official as an acting official on the agency’s website when the position should be vacant.  B-331539, Sept. 18, 2020.  Here, we find that DOT held Ms. Williams out to the public as FTA Acting Administrator by identifying her as serving in such role on the DOT and FTA websites after the end of the period of permissible acting service.  Further, by holding Ms. Williams out to the public as Acting Administrator when the position should have been vacant, the agency violated the time limitations in the Vacancies Act.

In accordance with the requirements of the Vacancies Act, we are also sending letters reporting this violation to the chairs and ranking members of the Senate Committee on Homeland Security and Governmental Affairs, the House Committee on Oversight and Reform, the Senate and House Committees on Appropriations, the Senate Committee on Banking, Housing, and Urban Affairs, the Senate Committee on Commerce, Science, and Transportation, the Senate Committee on Environment and Public Works, the House Committee on Transportation and Infrastructure, and the Acting Director of the Office of Personnel Management.

If you have any questions regarding this matter, please contact Shirley A. Jones, Managing Associate General Counsel, at 202-512-8156 or Aimee Aceto, Acting Assistant General Counsel, at 202-512-6534.

Sincerely yours,

Thomas H. Armstrong's signature

Thomas H. Armstrong
General Counsel

[1] The vacancy began due to the resignation of Peter M. Rogoff.

Downloads
    Full Report (2 pages)
GAO Contacts
    
      Shirley A. Jones
            
            Managing Associate General Counsel
      
            jonessa@gao.gov
      
            (202) 512-5400
Office of Public Affairs
    
      Chuck Young
            
            Managing Director
      
            youngc1@gao.gov
      
            (202) 512-4800
Related Pages
      RelatedAppropriations LawRelatedBid ProtestsRelatedDecisions & FAQsRelatedThe Red BookRelatedContract Appeals BoardRelatedFederal Vacancies Reform ActRelatedCongressional Review Act
 Receive GAO Updates
  Stay informed as we add new reports & testimonies.

    GAO Logo
      U.S. Government Accountability Office


                                   Column 1
                            Press Center
                              Contact Us
                              Inspector General
                              Restricted Reports
                              Column 2
                            Copyright & Terms of Use
                              Privacy Policy
                              Accessibility
                              Sitemap
                              Column 3
                            FOIA Requests
                              Scam Alerts
                              No FEAR Act Data
                              Health Care Advisory Committees