Mulvaney tenure at consumer agency has one month to go, unless nomination made by June 22

As of today, there is one month remaining in the tenure of the acting director of the federal consumer financial protection agency as its leader, unless President Donald Trump makes a nomination by June 22.

Appointed in November by Trump under the Federal Vacancies Reform Act of 1998 (FVRA), the tenure of Mick Mulvaney, acting director of the Bureau of Consumer Financial Protection (BCFP, formerly known as the CFPB) could end one month from today. That’s the end of the period, under the FVRA, that Mulvaney’s time as “acting” is valid, if no one else is nominated by the president to take his place.

Under the FVRA, an acting officer appointed by the president under that provision serves “subject to the time limitations” spelled out in the law. Those include that an appointee may serve “for no longer than 210 days beginning on the date the vacancy occurs,” or, “subject to subsection (b), once a first or second nomination for the office is submitted to the Senate, from the date of such nomination for the period that the nomination is pending in the Senate.”

Additionally, the statute outlines that if the president’s first nomination is rejected, withdrawn, or returned by the Senate, the acting officer can continue to serve for no more than 210 days after the date of the rejection, withdrawal or return.

If a second nomination is made, the FVRA notes, the acting officer can continue to serve until the second nomination is confirmed or for no more than 210 days after the second nomination is rejected, withdrawn, or returned. If the last day of any 210-day period is a day on which the Senate is not in session, the second day the Senate is next in session and receiving nominations is deemed the last day of such period, the law notes.

However, if the president does send a nomination to the Senate before June 22, Mulvaney may continue in his role at BCFP until that individual is confirmed (or withdrawn, returned or rejected, which would trigger a new 210-day period).