
The Vacancies Act includes several time restrictions on acting service in covered positions when vacancies are not caused by illness. If no one has been nominated for the position, the acting officer may serve no more than 210 days beginning on the date of the vacancy. A few exceptions apply to this general rule.
The first exception is when there is a first or second nomination for the position in which case an acting officer, who is not the nominee or is the nominee and meets certain criteria, may serve while the nomination is pending in the Senate. If the nomination is rejected or returned by the Senate or withdrawn by the President, an acting officer may serve for no longer than 210 days after the rejection, return, or withdrawal. Further acting service is not allowed after 210 days following the rejection, return, or withdrawal of a second nomination, even if a third nomination is made.
The law does not account for when the vacant position is the head of an agency and the Vacancies Act time limit has been reached.