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B-183012 1 (1976-12-09)

handle is hein.gao/gaobaddxb0001 and id is 1 raw text is: THE COMPTNt3LLEN UENEAL CECESICN * . .OP THE UNIt MD ETATES WABNIN I N wreTO0N. C. C. 2054R FILE: DATE: DEC 0 1976 1-183012 MATTER OF: The appeatmnt of the Fe4eral lasurance Administrator DIGEST: 1. Federal lasame An.aiatrator, poeitie established ader 42 U.S.C. 1 3533a (W.970) requires Presidemttal sAisattia sad cottrmatsa uder Article II, 1 2, Cl. 2 of Cousticutia. Comstiturdom premes aLl officars of Usited States mast be appelated with advice aad ceaseat of Senate ecept whes Coges affirmatively deleates full appoiatment authority elsewhere. 2. Rajcton by Confersane Cotmittee of Senate uaflet to requirc coatmirmaian of Federal Insurass Aduatrator does not constitute walver of comatitutional right and day to advise and seant. Secretarial sauthrity to appost, iscluding officers, ner 42 U.S.C. I 3535(c) (1970) does set Include Insurance Adtdaistrator. However, so eseption will be taken to past aompensation ef taIumbent or for reasonable period after date of this decision to allow time for presentation of his nama for Seaste confirratitr. by apesitema reqtest, the Ceneral Accomtig Office bao been asked to jetnrmine whethar the iacmbent Federal Iusurease Adinistcrator as bees validly appoiated by the seritary of Ieistag and Urban Develop- meat (1U') and if aot: what legal estirn by this Office is nsessary. We nderstand that the preset incumbent was first appointed by the Secretary to serve In a acting capacity and that the appoatment was later made permseat by the Searewtar without presenting his name to the Seate for eafirmation. The question to whether the Secretary %ad authority to saplets the appointeast herself or whether Prest- itestial somintha and Sente confirmation of the position of Fedatal Lasurasce admrinstrater was required. The position e Federal Inmuramee Administrator was established by eetia 1105(a) rt tMe Housing ad Urbes Developmat Act of 196, approved August 1, 1968, Pub. L. No. 90-445, 82 Stat. 476, 567, 42 2.i.C. 1 3533a (1970). This section provides: There ts hereby established in the Departant of Housing sad Uris Developmat the position of Ieeral Insureme Administrator, djk

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