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“THE INTRODUCTION OF THE ``DEPARTMENT OF JUSTICE VACANCIES CLARIFICATION ACT OF 1998''” mentioning the U.S. Dept. of Justice was published in the Extensions of Remarks section on pages E336 on March 10, 1998.
The publication is reproduced in full below:
THE INTRODUCTION OF THE ``DEPARTMENT OF JUSTICE VACANCIES CLARIFICATION
ACT OF 1998''
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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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