Mike Thompson: “I am pleased that the essentials of S. 2176 have been incorporated into the Omnibus Appropriations bill, H.R. 4328. I…”

“I am pleased that the essentials of S. 2176 have been incorporated into the Omnibus Appropriations bill, H.R. 4328. I appreciate the work of my colleagues, Senator Byrd in particular, in seeing that this bill becomes law. Mr. President, I wish to address the changes that have been made to S. 2176 since it was reported out of the Governmental Affairs Committee. The legislative history of the bill is largely described in the Committee report, S. Rep. 105-250. However, this is the opportunity to discuss the subsequent changes made in the bill. The term ``first assistant to the office'' is incorporated into 5 U.S.C. Sec. 3345(a)(1), rather than ``first assistant to the officer.'' This change is made to ``depersonalize'' the first assistant. Questions have arisen concerning who might be the vacant officer's first assistant if the acting officer dies or if the acting officer resigns while a permanent nomination is pending. The term ``first assistant to the officer'' has been part of the Vacancies Act since 1868, however, and the change in wording is not intended to alter case law on the meaning of the term ``first assistant.'' A third category of ``acting officer'' is now permitted apart from first assistants and presidentially designated persons who have already received Senate-confirmation to hold another office.”