Vacancy Act Violation Letter-Department of Education, Office of the Assistant Secretary for Elementary and Secondary Education, August 19, 2004

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 at the Department of Education. The Vacancies Reform Act established new requirements for the temporary filling of vacant executive agency positions that require Presidential appointment and Senate confirmation. The Act generally limits the period of time that such a position may be filled with an acting official to 210 days. Section 3349(b) of the Act requires the Comptroller General, upon a determination that an acting official is serving longer than the 210-day period and any applicable extensions, to report such finding to Congress, the President, and the Office of Personnel Management. As required by the Vacancies Reform Act, the Department of Education reported to us that a vacancy in the position of Assistant Secretary for Elementary and Secondary Education began on January 31, 2003, when Assistant Secretary Susan Neuman resigned. The position of Assistant Secretary for Elementary and Secondary Education requires Presidential appointment and Senate confirmation, and thus is subject to the Vacancies Reform Act.