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B-202893 1 (1981-06-17)

handle is hein.gao/gaobabkbq0001 and id is 1 raw text is: 



                 COMPTROLLER GENERAL OF THE UNITED STATES
                          VASHINGTON D.C. 20543







In reply refer to:
B-202893                                  June 17, 1981

                                                        III1I III!IIIIIIIIIIII1 III IIIIIIIII
                                                             115632
The Honorable John D. Dingell
Chairman, Subcommittee
  on Oversight and Investigations
Committee on Energy and Commerce
House of Representatives

Dear Mr. Chairman:

     By letter of February 27, 1981, you referred to your
letter of the same date to the President expressing your
concern that many positions at certain agencies under
the oversight jurisdiction of the Committee on Energy
and Commerce are being filled by persons in an acting
capacity some of whom have served for more than the 30-day
limitation provided by, the Vacancies Act. You have reauested
our ooinion as to the/applicability of the Vacancies Act
to the agencies and the vacant positions you refer to which
are subject to appointment by the President by and with
the advice and consent of the Senate. You also ask our
opinion as to the effect on actions by these agencies
which are taken by persons who are serving in an acting
capacity for more than 30 days. The agencies named in your
letter to the President are-tbe Deoartments of the Inte{ior
and Transportation, certain components of the Department,
of Energy, the Environmental Protection Agency, and the
Food and Drug Administration.

           Apoointment of Officers of the United States

     The Appointments Clause of the Constitution, Article II,
section 2, clause 2, provides as follows with regard to the
appointments of officers.

           [The President] shall nominate, and by and
     with the Advice and Consent of the Senate, shall

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