Article II, Section 2, Clause 2 of the US Constitution:
""[The President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: *but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.*"
Emphasis on the last sentence. There have been a plethora of such vestments in the Executive branch over the decades.
5 U.S.C. § 105 - This statute authorizes the creation of "necessary agencies" within the Executive Office, giving the President flexibility to establish entities like the USDS and staff them as needed, subject to funding.
5 U.S.C. § 3101 - This law states that "each Executive agency" (including the EOP) "may employ such number of employees ... as Congress may appropriate for." It implies broad authority to hire staff, with Congress controlling the budget but not necessarily the individual appointments.
Excepted Service Authority (5 U.S.C. § 3301 and Schedule A) - Under 5 CFR § 213.3102, agencies like the OMB can use Schedule A hiring authority for positions requiring specialized skills (e.g., tech expertise) that aren’t practical to fill through standard civil service exams.
This authority, delegated by Congress via the Civil Service Reform Act of 1978 (Public Law 95-454) and regulations from the Office of Personnel Management (OPM), allows the President (or OMB leadership) to appoint USDS personnel directly.
Term Appointments - Many roles are temporary or term-limited (e.g., 2-4 years), often filled by detailees from other agencies or private-sector experts. These don’t require Senate confirmation because they aren’t permanent "officers." This flexibility is supported by 5 U.S.C. § 3161, which allows temporary organizations within the executive branch to hire staff for specific projects.
Thanks, I’ve read the constitution too. Ever heard of congress, full of elected officials? Or the senate? Your claim that there are so few elected officials is patently absurd.
""[The President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: *but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.*"
Emphasis on the last sentence. There have been a plethora of such vestments in the Executive branch over the decades.
5 U.S.C. § 105 - This statute authorizes the creation of "necessary agencies" within the Executive Office, giving the President flexibility to establish entities like the USDS and staff them as needed, subject to funding.
5 U.S.C. § 3101 - This law states that "each Executive agency" (including the EOP) "may employ such number of employees ... as Congress may appropriate for." It implies broad authority to hire staff, with Congress controlling the budget but not necessarily the individual appointments.
Excepted Service Authority (5 U.S.C. § 3301 and Schedule A) - Under 5 CFR § 213.3102, agencies like the OMB can use Schedule A hiring authority for positions requiring specialized skills (e.g., tech expertise) that aren’t practical to fill through standard civil service exams.
This authority, delegated by Congress via the Civil Service Reform Act of 1978 (Public Law 95-454) and regulations from the Office of Personnel Management (OPM), allows the President (or OMB leadership) to appoint USDS personnel directly.
Term Appointments - Many roles are temporary or term-limited (e.g., 2-4 years), often filled by detailees from other agencies or private-sector experts. These don’t require Senate confirmation because they aren’t permanent "officers." This flexibility is supported by 5 U.S.C. § 3161, which allows temporary organizations within the executive branch to hire staff for specific projects.