:: the key positions requires at least one year on the job or a Senate-confirmed individual ::
How far back does the “Senate confirmed” part go? Could POTUS place (example only!) Condoleeza Rice in the position?
Under the Vacancies Reform law, an official can be designated ‘Acting’ for up to 210 days.
Officials selected for such ‘Acting’ temporary positions may be drawn from
1) The department/agency if there is at least one year on the job in a similar capacity or,
2) An individual in another department/agency that has been Senate confirmed.
There is no going back to previously confirmed individuals who have since left government.
“(1) the first assistant to the office of such officer shall perform the functions and duties of the office temporarily in an acting capacity subject to the time limitations of section 3346;
“(2) notwithstanding paragraph (1), the President (and only the President) may direct a person who serves in an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate, to perform the functions and duties of the vacant office temporarily in an acting capacity subject to the time limitations of section 3346; or
“(3) notwithstanding paragraph (1), the President (and only the President) may direct an officer or employee of such Executive agency to perform the functions and duties of the vacant office temporarily in an acting capacity, subject to the time limitations of section 3346, if