Reading Room Document

Legality of Designation of Certain Acting Officials by the Secretary of Energy (II)

This document addresses the legality of the designation of acting officials by the Secretary of Energy in the Department of Energy. It discusses the provisions of the Vacancy Act and the conclusions reached regarding the authority of the President to make interim appointments. The document also presents questions about the legality of actions taken by Department of Energy officials in an acting capacity, as well as the compensation received by the acting officials. The conclusions reached in the document include the interpretation of the Vacancy Act and the application of the de facto officer rule to the situation. The questions presented for review include the interpretation of the Vacancy Act, the authority of acting officials, and the compensation received by them.

May 18, 1978