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Oh, of course we have vacancies law confusion!
The FVRA of 1988 made clear that, when a statute is specific, that law can exclude the presidential authority under the FVRA that gives the president the ability to name an acting head of a department. With DHS, in a statute written after 1988, that exception is explicit. 
Here’s that law: law.cornell.edu/uscode/text/6/…
Here’s chapter 33 of title 5: law.cornell.edu/uscode/text/5/…
And here’s the specific relevant part of chapter 33 (5 USC 3347(a)(1)(B)): law.cornell.edu/uscode/text/5/…
Here’s chapter 33 of title 5: law.cornell.edu/uscode/text/5/…
And here’s the specific relevant part of chapter 33 (5 USC 3347(a)(1)(B)): law.cornell.edu/uscode/text/5/…
I’ve done a lot of research/writing on this subject over the past two-plus years — see this on Whitaker’s acting AG appointment: buzzfeednews.com/article/chrisg… — and Congress has given the president a lot of authority in this realm. But, this appears to be one of the exceptions to that.
Interestingly, that “further order of succession” section makes clear the secretary has the power to go even further in naming who should be acting sec beyond the deputy and under sec for management.
Does anyone know if Nielsen had (or if a prior list remains in effect)?
Does anyone know if Nielsen had (or if a prior list remains in effect)?
