Vacancies Clarification Act of 1998

Summary

Vacancies Clarification Act of 1998 - Revises provisions regarding the filling of Federal vacancies to authorize the President, if an appointed officer of an executive agency (other than the General Accounting Office (GAO)) dies, resigns, or is otherwise unable to perform office functions, to direct a person described by this Act to perform such functions temporarily in an acting capacity, subject to specified time limitations. Describes a person authorized to perform such functions as one: (1) in the position of first assistant to the officer unable to perform; or (2) in an office for which appointment by the President, with the advice and consent of the Senate, is required. Applies vacancy provisions of the Federal judicial code with respect to the office of the Attorney General. Retains existing time limitations on temporary appointments. Makes vacancy and time limitation provisions applicable to any affected office for which an advice and consent appointment is required unless: (1) another statutory provision expressly supersedes such provisions; or (2) the President makes an appointment to fill a vacancy during a Senate recess. Requires an office to remain vacant until a person is appointed if not temporarily filled within 120 days after the date the vacancy occurs. Prohibits acting officers serving in violation of vacancy or time limitation provisions from receiving pay. Requires pay not received to be forfeited and prohibits backpay. Directs the heads of affected executive agencies to submit to the Comptroller General and to the Congress: (1) notification of a vacancy and the date such vacancy occurred immediately upon occurrence of the vacancy; (2) the name of the person serving in an acting capacity and the date such service began immediately upon the designation; (3) the name of any person nominated to fill the vacancy and the date such nomination is submitted immediately upon submission; and (4) the date of a rejection or withdrawal of any nomination immediately upon such action. Requires the Comptroller General to report to the Congress, President, Secretary of the Treasury, and the Office of Personnel Management any determination that an officer is serving longer than the prescribed 120-day period, including exceptions to such period.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 16 March 1998

   Introduced

   Read twice and referred to the Committee on Governmental Affairs.

   Source: IntroReferral

2. 16 March 1998

   Introduced

   Sponsor introductory remarks on measure. (CR S1992-1993)

   Source: IntroReferral

3. 16 March 1998

   Introduced

   Introduced in Senate

   Source: IntroReferral

4. 18 March 1998

   Committee

   Committee on Governmental Affairs. Hearings held. Hearings printed: S.Hrg. 105-495.

   Source: Committee

Votes

No vote records are attached yet.

Versions

• Introduced in Senate · 16 March 1998 · Official file

Documents

3 official files

• Introduced in Senate (text)

  Introduced in Senate · EN · 16 March 1998

  ViewDownloadOpen at official source

• Introduced in Senate (PDF)

  Introduced in Senate · EN · 16 March 1998

  ViewDownloadOpen at official source

• Introduced in Senate

  summary · EN · 16 March 1998

  Open at official source

Sponsors

• Sen. Thurmond, Strom [R-SC] · R · Sponsor
• Rep. Lott, Trent [R-MS-5] · R · Sponsor
• Rep. Cochran, Thad [R-MS-4] · R · Cosponsor
• Sen. Hatch, Orrin G. [R-UT] · R · Cosponsor
• Sen. Allard, Wayne [R-CO] · R · Cosponsor
• Sen. Helms, Jesse [R-NC] · R · Cosponsor
• Chuck Grassley · R · Cosponsor
• · ssga00 · Standing

Related records

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