Does the Vacancies Reform Act affect offices that became vacant before November 20, 1998?
A. For offices that became vacant before November 20, 1998, the only provision of the Vacancies Reform Act that applies is the limitation on how long someone may serve in an acting capacity for that office. Further, that time limit is the only part of the Act that applies even if no one is designated to perform the duties of the office on a temporary basis until after November 20, 1998, as long as the office was vacant before that date. (For a more complete discussion of the Vacancies Reform Act’s application to offices that became vacant before November 20, 1998, including the calculation of the time limits that apply to acting officers filling those offices, see Memorandum for Agency General Counsels, from Beth Nolan, Deputy Assistant Attorney General, Office of Legal Counsel, Re: Initial Guidance on the Federal Vacancies Reform Act of 1998 (Nov. 13, 1998). In contrast, the full scope of the Vacancies Reform Act applies to an office that becomes vacant on or after November 20, 1998,
