Woodcock Faces Maze Of Rules To Become Commissioner Nominee

If Biden administration wants to nominate the acting commissioner, Vacancies Reform Act would dictate the timing. Woodcock can still get the nod and remain head of the agency during the confirmation process, just as Andrew von Eschenbach retained his acting title following his nomination in 2006.

Since Woodcock is already acting commissioner, the Biden administration has a more complicated path to follow if it wants to nominate her to the position permanently.

Janet Woodcock’s appointment as acting commissioner of the US Food and Drug Administration has spurred speculation that she is a strong contender for the permanent post. But there are rules that she must overcome to be a nominee.

Under the Vacancies Reform Act, if the president nominates a person to a vacant position, as a general rule the person “may not serve as an acting officer” for that position

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