Reading Room Document

Designation of Acting Director of the Office of Management and Budget

The President's designation of an employee to act as Director of OMB under the Vacancies Reform Act, 5 U.S.C. §§ 3345—3349d, is itself the appointment of an inferior officer and satisfies the Appointments Clause, U.S. Const. art. II, § 2, cl. 2, even if the employee had not earlier been an "Officer of the United States." The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/18951/download.

June 12, 2003