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B-150136 1 (1978-02-27)

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951


COMPTROLLER GENERAL OF THE UNITED STATES
          WASHINGTON, D.C. 20548


B- 150136


FEB 271978


The Honorable Elizabeth Holtimmn
House of Representatives


Dear Ms, Holtuan:

     This is in response to your letter dated January 30, 1978,
concerning the service of Mr. James M, Ii. Gregg as Acting Ad-
ministrator of the Law Enforcement Assistance Administration
(LI). You note that the Last presidentially appointed Ad-
miaLstratoro Richard W. Veldf, resigned on February 25, 1977,
and at the time of Mr. Velde's resignation, Mr, Gregg was As-
sistant Administrator, Office of Plamwing and Management, the
highest ranking official then serving since the two Depaty Ad-
ministrator positions were vacant. You inquire, as to the authority
for Mr. Gregg to serve as Acting Administrator for any period in
excess of 30 days from the date of Hr. Vede's resignati9 nin
view of the provisions of the Vacancies Act, 5 U.Sc. 11 3343-3349)V
(1976). You also note that LEAA's enabling legislation does not.
reveal any provision for the appointment of an acting administrator.
By letter dated February 10, 1978, we requested the views of the
Department of Justice in regard to Hr, Gragg's service but in con-.
sideration of the urgency with which you view this matter.-.we are.
respooding without.benefit of a reply from.Justice.

     Under 42 U.S.C. I 37ll(a) Supp. V, 1975).Congress provided
for appointing the Administrator and two Deputy Administrators of
LEAA as follows i

           There is hereby established within the Depart-
     ment of. Justice, under the general authority of the
     Attorney General, a Law Enforcement Assistance Ad-
     ministration (hereinafter referred to in this chapter
     as 'Administration') composed of an Administrator of
     Law Enforcement Assistance and two Deputy Administrators
     of Law Enforcement Assistance, who shall be appointed by
     the President, by and with the advice and consent of the
     Sen8 te.


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