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5 U.S.C. § 3349 — Reporting of vacancies
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The head of each Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) shall submit to the Comptroller General of the United States and to each House of Congress—
(1) notification of a vacancy in an office to which this section and sections 3345, 3346, 3347, 3348, 3349a, 3349b, 3349c, and 3349d apply and the date such vacancy occurred immediately upon the occurrence of the vacancy;
(2) the name of any person serving in an acting capacity and the date such service began immediately upon the designation;
(3) the name of any person nominated to the Senate to fill the vacancy and the date such nomination is submitted immediately upon the submission of the nomination; and
(4) the date of a rejection, withdrawal, or return of any nomination immediately upon such rejection, withdrawal, or return.
**(b)** If the Comptroller General of the United States makes a determination that an officer is serving longer than the 210-day period including the applicable exceptions to such period under section 3346 or section 3349a, the Comptroller General shall report such determination immediately to—
(1) the Committee on Governmental Affairs of the Senate;
(2) the Committee on Government Reform and Oversight of the House of Representatives;
(3) the Committees on Appropriations of the Senate and House of Representatives;
(4) the appropriate committees of jurisdiction of the Senate and House of Representatives;
(5) the President; and
(6) the Office of Personnel Management.
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Source location: Title 5, Chapter 33, § 3349; chapter-033-examination-selection-and-placement.md
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**(a)** The head of each Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) shall submit to the Comptroller General of the United States and to each House of Congress—
(1) notification of a vacancy in an office to which this section and sections 3345, 3346, 3347, 3348, 3349a, 3349b, 3349c, and 3349d apply and the date such vacancy occurred immediately upon the occurrence of the vacancy;
(2) the name of any person serving in an acting capacity and the date such service began immediately upon the designation;
(3) the name of any person nominated to the Senate to fill the vacancy and the date such nomination is submitted immediately upon the submission of the nomination; and
(4) the date of a rejection, withdrawal, or return of any nomination immediately upon such rejection, withdrawal, or return.
**(b)** If the Comptroller General of the United States makes a determination that an officer is serving longer than the 210-day period including the applicable exceptions to such period under section 3346 or section 3349a, the Comptroller General shall report such determination immediately to—
(1) the Committee on Governmental Affairs of the Senate;
(2) the Committee on Government Reform and Oversight of the House of Representatives;
(3) the Committees on Appropriations of the Senate and House of Representatives;
(4) the appropriate committees of jurisdiction of the Senate and House of Representatives;
(5) the President; and
(6) the Office of Personnel Management.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** If an officer of an Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate, dies, resigns, or is otherwise unable to perform the functions and duties of the office—
(1) the first assistant to the office of such officer shall perform the functions and duties of the office temporarily in an acting capacity subject to the time limitations of section 3346;
(2) notwithstanding paragraph (1), the President (and only the President) may direct a person who serves in an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate, to perform the functions and duties of the vacant office temporarily in an acting capacity subject to the time limitations of section 3346; or
(3) notwithstanding paragraph (1), the President (and only the President) may direct an officer or employee of such Executive agency to perform the functions and duties of the vacant office temporarily in an acting capacity, subject to the time limitations of section 3346, if—
(A) during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the applicable officer, the officer or employee served in a position in such agency for not less than 90 days; and
(B) the rate of pay for the position described under subparagraph (A) is equal to or greater than the minimum rate of pay payable for a position at GS–15 of the General Schedule.
**(b)**
(1) Notwithstanding subsection (a)(1), a person may not serve as an acting officer for an office under this section, if—
(A) during the 365-day period preceding the date of the
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3345
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Sections 3345 and 3346 are the exclusive means for temporarily authorizing an acting official to perform the functions and duties of any office of an Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) for which appointment is required to be made by the President, by and with the advice and consent of the Senate, unless—
(1) a statutory provision expressly—
(A) authorizes the President, a court, or the head of an Executive department, to designate an officer or employee to perform the functions and duties of a specified office temporarily in an acting capacity; or
(B) designates an officer or employee to perform the functions and duties of a specified office temporarily in an acting capacity; or
(2) the President makes an appointment to fill a vacancy in such office during the recess of the Senate pursuant to clause 3 of section 2 of article II of the United States Constitution.
**(b)** Any statutory provision providing general authority to the head of an Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) to delegate duties statutorily vested in that agency head to, or to reassign duties among, officers or employees of such Executive agency, is not a statutory provision to which subsection (a)(1) applies.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3347
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Federal law — U.S. Code and appendices · legal_authorities
Page 424
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 3349
(2) the term ‘‘function or duty’’ means any
function or duty of the applicable office that—
(A)(i) is established by statute; and
(ii) is required by statute to be performed
by the applicable officer (and only that offi-
cer); or
(B)(i)(I) is established by regulation; and
(II) is required by such regulation to be
performed by the applicable officer (and only
that officer); and
(ii) includes a function or duty to which
clause (i)(I) and (II) applies, and the applica-
ble regulation is in effect at any time during
the 180-day period preceding the date on
which the vacancy occurs.
(b) Unless an officer or employee is performing
the functions and duties in accordance with sec-
tions 3345, 3346, and 3347, if an officer of an Exec-
utive agency (including the Executive Office of
the President, and other than the Government
Accountability Office) whose appointment to of-
fice is required to be made by the President, by
and with the advice and consent of the Senate,
dies, resigns, or is otherwise unable to perform
the functions and duties of the office—
(1) the office shall remain vacant; and
(2) in the case of an office other than the of-
fice of the head of an Executive agency (in-
cluding the Executive Office of the President,
and other than the Government Account-
ability Office), only the head of such Execu-
tive agency may perform any function or duty
of such office.
(c) If the last day of any 210-day period under
section 3346 is a day on which the Senate is not
in session, the second day the Senate is next in
session and receiving nominations shall be
deemed to be the last day of such period.
(d)(1) An action taken by any person who is
not acting under section 3345, 3346, or 3347, or
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 3349
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