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B-150136 1 (1978-06-02)

handle is hein.gao/gaobachlw0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20548 B-150136 JUN The Honorable Robert Llpshutz Counsel to the President The White House Dear Mr. Lipshutz: Your May 18, 1978, letter to Robert F. Keller, .)0puty Comptroller General of the United States, has been brought to my attention. We had originally written to the Secretary of Energy advising him of our decision B-150136, May 16, 1978, which held that four officials of the Department of Energy were improperly appointed since they were neither nominated by the President, nor confirmed by the Senate. We so found because they were not appointed in accordance with the requirements of section 902 of the Department of Rnergy Organization Act. 42 U. S.C. S 7342, which we consider to be the exclusive legal authorization for interim appointments of officials to the positions there in question. You enclosed with your letter a legal opinion by the Assistant Attorney General, Cffice of Legal Counsel, Department of Justice, wherein he disagrees with the result reached in our decision. You concluded that in view of the contradictory legal positions found in the Assistant Attorney General's memorandum and our decision, you must recommend to the Secretary of Energy that he follow the advice given by the Department of Justice. In this regard we have reviewed the unsigned memorandum concerning the question of conflicting opinions which you forwarded to us, which states that the view of the )epartment of Justice with regard to the interpretation of a federal statute must be regarded as controlling within the Executive Branch. The law clearly establishes the authority of the General Accounting Office to determine the legality of Federal expenditures. In this con- nection. 31 U.S.C. S 74 states, in part: Balances certified by the General Accounting Office, upon the settlement of public accounts, shall be final and conclusive upon the Executive Branch of the Government * * *. It

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