The Interim Government: Mapping 2026's Confirmation Gaps Into 2027's Rulemaking Risk

The 2026 midterms decided control of Congress, but they also left a quieter result: a federal government with a long list of jobs still filled on an acting basis. As of November 11, 2026, several Senate-confirmed positions remain vacant or occupied by officials serving in an interim capacity. The 120th Congress will inherit that roster in January. The confirmations it chooses to take up first, and the ones it leaves hanging, will shape how agencies regulate in 2027.

Where the Gaps Are

Not every vacancy carries the same weight. A vacant deputy assistant secretary can slow an office. A vacant general counsel can change how an agency defends a rule. A vacant agency head can alter enforcement priorities. The most consequential gaps are often below the Cabinet level, where the legal authority to sign rules and the practical authority to direct staff intersect.

The pattern across the executive branch is familiar. Cabinet departments have acting secretaries or acting deputies. The Department of Justice has components led by officials who have not been confirmed for the role. The Environmental Protection Agency, the Department of Labor, and the Department of Health and Human Services have key posts filled on an interim basis. Independent regulatory commissions have seats that are vacant or occupied by members serving expired terms. Inspectors general, who are often presidentially appointed and Senate-confirmed, have openings in several agencies.

The Vacancies Reform Act allows acting officials to serve for limited periods, and it allows a nomination to extend that service. But the statute is not a substitute for confirmation. It creates a government that can function, but not one that can easily plan. Acting officials can issue rules, sign enforcement actions, and testify to Congress. They can also be challenged in court on the theory that they are serving unlawfully. That uncertainty is a policy risk, not just a legal technicality.

What Acting Status Does to a Rule

An acting official can still run an agency. What changes is the margin for error. A rule signed by a confirmed official carries the presumption of regular authority. A rule signed by an acting official may invite a procedural challenge. Plaintiffs can argue that the official exceeded the Vacancies Reform Act's time limits or that the nomination was a sham. Those challenges do not always succeed, but they can delay implementation for months.

Acting status also affects how agencies choose their tools. An agency led by an interim official may prefer guidance documents, interim final rules, or enforcement discretion over a major legislative rule that requires a long comment period. That can be prudent. It can also push controversial decisions into less visible formats. Enforcement may become uneven, with some regions moving aggressively and others waiting for a confirmed leader.

Congress has a stake in this. Acting officials can be called to testify, but the Senate's leverage is different when a nominee is not pending. Oversight can become a conversation without a confirmation vote. That weakens the link between the Senate's advice-and-consent role and the agencies that carry out the laws.

The Confirmation Calendar Ahead

The 120th Congress convenes on January 3, 2027. The Senate will face a queue that includes judges, ambassadors, and executive branch nominees. Committee ratios will be set. Floor time will be scarce. Cloture votes take days. A single senator can slow consideration. The result is a confirmation calendar that rewards prioritization and punishes drift.

Some nominations from 2026 may be re-submitted. Others may be withdrawn. The Senate may choose to pair confirmation votes with must-pass spending bills, or it may process nominees in batches. The most consequential fights will likely involve agencies that regulate energy, health care, financial services, and civil rights. Those are the offices where an acting official's decisions can be reversed by a confirmed successor, and where interest groups have the most at stake.

Why It Matters Beyond Washington

Acting government is not caretaker government. It has authority. It writes rules, pays grants, and enforces statutes. But it has less accountability. A regulated business may not know whether a guidance document will survive a leadership change. A state agency may not know whether a waiver will be honored. A beneficiary may not know whether a program will be run as written.

The confirmation backlog is therefore a 2027 policy risk. The map of vacancies is also a map of leverage. The next Congress will decide which gaps to close first, and those decisions will determine how quickly the federal government can turn its legal authority into durable policy.