Reading Room Document

Vacancies in the Environmental Protective [sic] Agency

The document is a memorandum discussing the vacancy in the office of the Administrator of the Environmental Protection Agency (EPA) and the legal options for filling the position on a temporary basis. It addresses the question of whether the President can designate an Acting Administrator who is currently an employee of another agency or not a government employee at all. The conclusion reached is that the President has the power to designate an acting agency head, but it is desirable for a nomination for the position of the Administrator of EPA to be submitted to the Senate within 30 days of the vacancy. The document also suggests that the designation for Acting Administrator should be limited to persons who are already officers or employees of the EPA.

January 23, 1981