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B-150136 1 (1978-05-16)

handle is hein.gao/gaobadgad0001 and id is 1 raw text is: I DECIUION IT L ,iLD FILE: B-150136 MATTER OIGEBT: Earbert Dfmn THE COMPTROLLER '*r MAL OF THI UNITEr tres WAUMINGTON, D.%:. C ver a 54a CATE: My .6, 1W8 OF: Department of Energy--Acting Officials' Status and Authority 1. The positions of General Counsel. Inspector General, and Assistant Secretaries, estab- lished by the Department of Energy Or- ganization Act. Pub. L. No. 95-91, require Presidential nomination and Senate confir- mation. Section 902 of the Act authorizes the President to make interim appointments of officers previously confirmed by the Senate. Four of the five interim appointees serving in such positions had not been previously confirmed by the Senate. Hence, they were improperly appointed. 2. Although Vacancies Act, 5 U. S.C. SS 3345-49, which was intended to preclude extended filling of office subject to Senate confirmation without submission of nomination to Senate, applies to executive departments which includes Depart- ment of Energy, Act does not apply to the named positions because these positions have never been fthed and therefore have not been vacated as con Ltemplated by the Act. 3. Validity of decisions tmadel byrfour acting officials of the Department of Enorgy duiing period they were not authorized to hold poai- tions could be challenged. Secretary is advised to consider ratifying those decisions. By congressional request, the General A ounting Office has been asked for a legal opinion as to the eligibility of the following persons to continue to serve in an acting capacity at the Depart- ment of Energy, in positions that require confirmation by the Senate: I ,* -'---- - . .. - - - I

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