A Clinton-era law is throwing a wrinkle into Acting Defense Secretary Mark Esper's position at the Pentagon, as the Senate has until the end of the month to get him confirmed.
As The Hill noted, the Federal Vacancies Reform Act of 1998 prohibits a federal official from serving in an acting capacity for more than 210 days. This carries over from person to person, so Esper's countdown clock actually started when James Mattis resigned as defense secretary in December.
Patrick Shanahan succeeded Mattis on an acting basis, but he departed late last month after old domestic violence allegations surfaced. Esper took over as acting Pentagon chief on June 24, but the 210-day countdown does not reset with him under the law. This means the Senate has until July 30 to get him confirmed in order to comply with the law.
"You're working with two-and-a-half weeks to work hearings and move stuff through the system," former Senate Armed Services Committee staff member Arnold Punaro told The Hill.
"There won't be a time to do a hearing next week, so you're looking at the next couple of weeks after that."
Complicating matters is the fact that Congress is not currently in session because of the July 4 break. Lawmakers will return to work in Washington, D.C. next week.
In order for Esper to be confirmed, the Senate has to first hold hearings. Then his nomination has to be approved by the Senate Armed Services Committee before it goes up for a floor vote. There will be 12 legislative days for all of that to happen once the Senate gets back to work, The Hill reported.
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