April 21, 2020 7 minutes to read · 1600 words

Boundaries of the Federal Vacancies Reform Act

By Ben Miller-Gootnick

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Reprinted with permission from Administrative and Regulatory Law News, Winter 2020, Volume 45, Number 2, at 16-18. ©2020 by the American Bar Association. All rights reserved. This information or any or portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

The Federal Vacancies Reform Act of 1998 (“FVRA”) authorizes the president to temporarily fill Senate-confirmed positions when the prior officeholder “dies, resigns, or is otherwise unable to perform the functions and duties of the office.”1 Does the FVRA apply when the officeholder was fired? 

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