Each of these authorities is discussed below. Position-Specific Temporary Appointment Provisions

In some cases, Congress has expressly provided for the temporary filling of vacancies in a particular advice and consent position. Consultants

At times, a nominee could be hired as a consultant while awaiting confirmation, but he or she may serve only in an advisory capacity and may not be installed in the office to which he or she has been nominated. Delegation of Duties to Another Official

As discussed in this report, the temporary filling of an advice and consent position is governed by the Vacancies Reform Act of 1998, the Recess Appointments Clause of the Constitution, and position-specific statutes. However, when the time limitations of the Vacancies Act have been exhausted, it may be possible for the functions of a vacant office to be carried out indefinitely by another individual, usually the first assistant, pursuant to a delegation of authority by the agency head. In such instances, the official carries out these functions without assuming the vacant office.
A vacant presidentially appointed, Senate-confirmed position (herein, "advice and consent position") can be filled temporarily under one of several authorities that do not require going through the Senate confirmation process. Under specific circumstances, many executive branch vacancies can be filled temporarily under the Federal Vacancies Reform Act of 1998 or by recess appointment. In some cases, temporary filling of vacancies in a particular position is specifically provided for in statute. Generally, designation or appointment under one of these methods confers upon the official the legal authority to carry out the duties of the office. Alternatively, an individual may be hired by the agency as a consultant. A consultant does not carry the legal authority of the office, and may act only in an advisory capacity.
In many instances, the functions of a vacant advice and consent office may be carried out indefinitely by another official, usually the first assistant, under the terms of an administrative delegation order of the agency head. In such instances, the official carries out these functions without assuming the vacant office.