Eric Fanning has temporarily resigned as acting Army secretary to focus on “achieving confirmation,” according to Pentagon spokesman Peter Cook.
Newly sworn-in Under Secretary of the Army Patrick Murphy will serve as acting Army secretary for a “short duration,” Cook said in an email. Murphy was sworn in as the 32nd Army under secretary on Jan. 4 and assumed duties as the Army’s Chief Management Officer (CMO).
Cook said in his statement that members of the Senate Armed Services Committee (SASC) have expressed concerns about Fanning’s designation as acting Army secretary pursuant to the Vacancies Act. Cook said while the administration believes Fanning’s designation as acting Army secretary is consistent with the Vacancies Act, Fanning agreed to step down as a “show of comity” to address these concerns. The Vacancies Act, formally known as the Federal Vacancies Reform Act of 1998, lays out who is allowed to serve in “acting” capacities.
Defense Secretary Ashton Carter in a Dec. 9 Senate hearing lamented SASC’s refusal to schedule nomination hearings for key positions. Carter, in his prepared remarks, said the Pentagon had 16 nominees awaiting confirmation votes and that 12 of those 16 nominees were still awaiting a hearing. Carter said these positions included Army secretary, the under secretaries for each service and the Defense Department under secretaries for both intelligence and personnel and readiness.
SASC spokesman Dustin Walker said Monday in an email that the committee held hearings in December for 11 civilian nominations and that the committee will proceed with consideration of remaining civilian nominations, including Fanning. He did not respond when asked when Fanning would have his confirmation hearing.
Cook said Fanning was nominated to serve as Army secretary in September, “well ahead” of former Army Secretary John McHugh’s retirement in late October. Cook said Fanning was subsequently designated to serve as acting Army secretary in November and has been carrying out those responsibilities as required.