IV
105TH CONGRESS
2D SESSION
H. RES. 339
Expressing the sense of the House that sections 3345 through 3349 of
title 5, United States Code (commonly referred to as the ‘‘Vacancies
Act’’), relating to the appointment of certain officers to fill vacant posi-
tions in Executive agencies, apply to all Executive agencies, including
the Department of Justice.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 27, 1998
Mr. BARR of Georgia submitted the following resolution; 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 deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
RESOLUTION
Expressing the sense of the House that sections 3345
through 3349 of title 5, United States Code (commonly
referred to as the ‘‘Vacancies Act’’), relating to the ap-
pointment of certain officers to fill vacant positions in
Executive agencies, apply to all Executive agencies, in-
cluding the Department of Justice.
Whereas Congress enacted the Act entitled ‘‘An Act to au-
thorize the temporary supplying of vacancies in the exec-
utive departments’’, approved July 23, 1868 (commonly
referred to as the ‘‘Vacancies Act’’), to—
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(1) preclude the extended filling of a vacancy in an
office of an executive or military department subject to
House confirmation, without the submission of a Presi-
dential nomination;
(2) provide an exclusive means to temporarily fill
such a vacancy; and
(3) clarify the role of the House in the exercise of
the House’s constitutional advice and consent powers in
the Presidential appointment of certain officers;
Whereas subchapter III of chapter 33 of title 5, United
States Code, includes a codification of the Vacancies Act,
and (pursuant to an amendment on August 17, 1988, to
section 3345 of such title) specifically applies such va-
cancy provisions to all Executive agencies, including the
Department of Justice;
Whereas the legislative history accompanying the 1988
amendment makes clear in the controlling committee re-
port that the general administrative authorizing provi-
sions for the Executive agencies, which include sections
509 and 510 of title 28, United States Code, regarding
the Department of Justice, do not supersede the specific
vacancy provisions in title 5, United States Code;
Whereas there are statutory provisions of general administra-
tive authority applicable to every Executive department
and other Executive agencies that are similar to sections
509 and 510 of title 28, United States Code, relating to
the Department of Justice;
Whereas despite the clear intent of Congress, the Attorney
General of the United States has continued to interpret
the provisions granting general administrative authority
•HRES 339 IH
to the Attorney General under sections 509 and 510 of
title 28, United States Code, to supersede the specific va-
cancy provisions in title 5, United States Code; and
Whereas the interpretation of the Attorney General would—
(1) virtually nullify the vacancy provisions under
subchapter III of chapter 33 of title 5, United States
Code;
(2) circumvent the clear intention of Congress to
preclude the extended filling of certain vacancies and
provide for the temporary filling of such vacancies; and
(3) subvert the constitutional authority and respon-
sibility of the House to advise and consent in certain ap-
pointments: Now, therefore, be it
Resolved, That it is the sense of the House that—
(1) sections 3345, 3346, 3347, 3348, and 3349
of title 5, United States Code (relating to the filling
of vacancies in certain offices), apply to all Execu-
tive agencies, including the Department of Justice;
(2) the general administrative authorizing stat-
utes of Executive agencies, including sections 509
and 510 of title 28, United States Code, relating to
the Department of Justice, do not supersede the
specific vacancy provisions applicable to Executive
agencies in title 5, United States Code; and
(3) the Attorney General of the United States
should—