Are there executive-branch PAS positions that are not covered by the Vacancies Reform Act?
A. Yes, the Vacancies Reform Act expressly excludes certain offices from coverage under the Act. The Act does not apply to any PAS who is (1) a member of a “board, commission, or similar entity that is composed of multiple members and governs an independent establishment or Government corporation;” (2) a “commissioner of the Federal Energy Regulatory Commission;” (3) a “member of the Surface Transportation Board;” or (4) a judge on “a court constituted under article I of the United States Constitution.” (5 U.S.C. 3349c) Q7. If a position meets the definition of a covered office under the Vacancies Reform Act, is the Act necessarily the exclusive means of temporarily filling the vacancy? A. The Vacancies Reform Act was intended in most cases to be the exclusive means for filling a vacant executive-branch PAS position (i.e., having a person designated as the “Acting” officer). The Act also recognizes, however, the continued applicability of certain other mechanisms for filling PAS positi
