[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3420 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3420

   To amend title 28, United States Code, to clarify the method for 
            filling vacancies in the Department of Justice.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 10, 1998

  Mr. Hyde (for himself, Mr. Sensenbrenner, Mr. Gekas, Mr. Coble, Mr. 
 Smith of Texas, Mr. Canady of Florida, Mr. Inglis of South Carolina, 
  Mr. Goodlatte, Mr. Bryant, Mr. Barr of Georgia, Mr. Hutchinson, Mr. 
    Rogan, and Mr. Graham) introduced the following bill; which was 
  referred to the Committee on the Judiciary, and in addition to the 
   Committee on Government Reform and Oversight, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
   To amend title 28, United States Code, to clarify the method for 
            filling vacancies in the Department of Justice.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Justice Vacancies 
Clarification Act of 1998''.

SEC. 2. CLARIFICATION OF METHOD FOR FILLING VACANCIES IN THE DEPARTMENT 
              OF JUSTICE.

    Section 510 of title 28, United States Code, is amended by adding 
at the end the following: ``Nothing in this title shall be construed to 
authorize the appointment or designation of a person to perform the 
functions of an office in the Department of Justice, appointment to 
which requires the advice and consent of the Senate, while that office 
is vacant. If a person is appointed or designated under section 3345, 
3346, or 3347 of title 5 to perform the functions of such an office 
while that office is vacant, and the power of such person to perform 
such functions lapses by the terms of section 3348 of that title, the 
United States Court of Appeals for the District of Columbia Circuit 
shall appoint a person to continue performing those functions until the 
vacancy is filled. However, the Court shall not appoint a person to 
continue performing those functions whom the President has nominated 
for the office but to whose appointment the Senate has not given its 
advice and consent, or who was previously appointed or designated under 
section 3345, 3346, or 3347 of title 5 to perform those functions 
during that same vacancy, and whose power to perform those functions 
has lapsed by the terms of section 3348 of that title.''.
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