With the growing number of acting officials in the Trump administration, filling the positions is imperative. However, the administration is doing some things that seem odd, like creating new acting positions that are easier to fill with an ‘unconfirmable’ candidate. Rebecca Jones, policy counsel at the Project on Government Oversight, is quoted in GovExec that there are a few loopholes that allow officers in acting positions to skirt regulations. She told Government Matters that Congress needs to change the law to seal policy loopholes in acting roles.
“What [GAO] is not reporting on, and I think is important, is when acting officials simply drop their acting title but continue to perform the functions and duties of the office. The Vacancies Act says you can’t do that, it’s unlawful, but there’s really no enforcement mechanism there unless Congress gets involved and changes the law,” Jones said.