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Re: trunkmonk post# 500462

Thursday, 01/31/2019 3:27:38 PM

Thursday, January 31, 2019 3:27:38 PM

Post# of 801471
The confusion arises when people start invoking the Federal Vacancy Reforms Act to combat those cherry picking HERA. You need to fight HERA with HERA.

So if you're using "1312b4":

SEC. 1312. DIRECTOR.
(b) APPOINTMENT; TERM.—
(4) SERVICE AFTER END OF TERM.—An individual may serve
as the Director after the expiration of the term for which
appointed until a successor has been appointed.



You then default to the definition of "individual" as follows:

SEC. 1312. DIRECTOR.
(b) APPOINTMENT; TERM.—
(1) APPOINTMENT.—The Director shall be appointed by
the President, by and with the advice and consent of the Senate,
from among individuals who are citizens of the United States,
have a demonstrated understanding of financial management
or oversight, and have a demonstrated understanding of capital
markets, including the mortgage securities markets and
housing finance
.



And then you're good as long as it's a citizen who knows how to balance a checkbook and apply for a mortgage?

Or do you then have to default to the Federal Vacancy Reform Act?

- By default, "the first assistant to the office" becomes the acting officer.
- The President may direct a person currently serving in a different Senate-confirmed position to serve as acting officer.
- The President can select a senior "officer or employee" of the same executive agency who is equivalent to a GS-15 or above



And that's how we get Otting?