Reading Room Document

Continuing Service of Deputy Director of OMB as Acting Director During Vacancy

This document discusses the legality of Mr. A continuing to serve as Acting Director of the Office of Management and Budget (OMB). The conclusion reached is that the 30-day limit on the tenure of persons serving in an acting capacity does not apply to OMB, and that the circumstances surrounding Mr. A's service as Acting Director seem reasonable. The document presents questions regarding the application of the Vacancy Act to OMB, the constitutional process of nomination and confirmation, and the reasonable time frame for the President to submit a nomination to the Senate. It also raises the question of the specific factors that determine the reasonableness of the tenure of an Acting Director.

December 22, 1977