[Congressional Record Volume 144, Number 24 (Tuesday, March 10, 1998)]
[Extensions of Remarks]
[Page E336]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




THE INTRODUCTION OF THE ``DEPARTMENT OF JUSTICE VACANCIES CLARIFICATION 
                             ACT OF 1998''

                                 ______
                                 

                           HON. HENRY J. HYDE

                              of illinois

                    in the house of representatives

                        Tuesday, March 10, 1998

  Mr. HYDE. Mr. Speaker, today I am introducing the ``Department of 
Justice Vacancies Clarification Act of 1998.'' This legislation will 
end the practice of appointing acting personnel for indefinite periods 
of time to important jobs in the Department of Justice. For too long, 
the Department of Justice has used this method to evade the political 
accountability provided by the Senate confirmation process.
  In 1988, Congress reenacted the Vacancies Act to prevent the filling 
of Executive Branch positions with acting personnel for long periods. 
Generally speaking, the Vacancies Act says that a person may serve as 
an acting head of an office for no more than 120 days. 5 U.S.C. 
Sec. 3348. (These times are tolled while a nomination is pending or 
when Congress has adjourned sine die.)
  Most organic statutes for government departments have language that 
says the head of the agency may delegate his functions to anyone within 
the Department. See, e.g., 28 U.S.C. Sec. Sec. 509-10 (language for the 
Department of Justice). Both Democrats and Republicans in the Executive 
Branch have interpreted this kind of language to be an alternative 
method of filling vacancies that is not subject to the 120-day period 
provided in the Vacancies Act. That interpretation effectively 
nullifies the Vacancies Act.
  The Department of Justice Vacancies Clarification Act of 1998 would 
make it clear that the general language in the Department of Justice 
statute is not intended to override the Vacancies Act and that the 
Vacancies Act is the only method for filling vacancies in the 
Department of Justice.
  In addition, to insure that the language is not ignored, the Act 
provides that when any acting person serves beyond the time provided in 
the Vacancies Act, the United States Circuit Court of Appeals for the 
District of Columbia Circuit will step in to appoint someone to fill 
the job until someone is nominated and confirmed. The Court could not 
appoint a person who had previously served as an acting head for that 
particular vacancy or a person who was nominated, but did not get 
confirmed. This is similar to language that already exists with respect 
to United States Attorney positions. 28 U.S.C. Sec. 546. My intent is 
not so much that the Court ought to make such appointments, but to give 
the Executive Branch an incentive not to let the time lapse.
  I believe that this legislation will clarify the law, vindicate our 
system of checks and balances, and be to the advantage of all 
concerned. I hope that all of my colleagues will support it.

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