Reading Room Document

Service of Acting Administrator of the Law Enforcement Assistance Administration Beyond Thirty Days Following the Resignation of the Administrator

This document is a memorandum opinion for the Attorney General regarding the service of Mr. James H. Gregg as Acting Administrator of the Law Enforcement Assistance Administration (LEAA) following the resignation of its Administrator. The opinion concludes that Mr. Gregg's service as Acting Administrator could not extend beyond 30 days, and that after that date, there was no legal authority for anyone to perform the duties of the Administrator except the Attorney General himself. The document also presents questions regarding the interpretation of the Vacancy Act, the authority of the Attorney General over LEAA, and the de facto officer rule. It suggests that the uncertain status of Mr. Gregg's authority should be resolved by the President submitting a nomination to fill the position of Administrator.

March 16, 1978