Reading Room Document
Legality of Designation of Certain Acting Officials by the Secretary of Energy
This document discusses the legality of the designation of certain acting officials by the Secretary of Energy under the Department of Energy Organization Act. It concludes that the President and the Secretary of Energy have the authority to designate acting officials to fill initial vacancies in the Department of Energy, even if they do not hold advice and consent positions. The document also presents questions regarding the authority of acting officials, their compensation, and the applicability of the Vacancy Act to the situation. It emphasizes the need to fill vacancies with qualified individuals on a full-time basis, and the reliance on general powers and responsibilities to carry out that statutory end.
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit