Browse Arkansas Code titles and sections
5 U.S.C. § 3347 — Exclusivity
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
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 7c2de5d6ffa0816951b3456fa02613367487e83cd0be23b97eab88eb5e1c4185. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_aeaf078bc44163a34b8861c1
Source file: Laws/federal/codes/united-states-code/title-5/section-3347-exclusivity--9e7d586806.md
Pages: Not recorded – Not recorded
Passage SHA-256: ed88ee8fcdf417022e0fee64d6b91e916dd51277c1860a2172830eafaea10380
Source location: Title 5, Chapter 33, § 3347; chapter-033-examination-selection-and-placement.md
Stored source content
**(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.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
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
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
If the Secretary of the Army dies, resigns, is removed from office, is absent, or is disabled, the person who is highest on the following list, and who is not absent or disabled, shall perform the duties of the Secretary until the President, under section 3347 11 See References in Text note below. of title 5, directs another person to perform those duties or until the absence or disability ceases:
(1) The Under Secretary of the Army.
(2) The Assistant Secretaries of the Army, in the order prescribed by the Secretary of the Army and approved by the Secretary of Defense.
(3) The General Counsel of the Department of the Army.
(4) The Chief of Staff.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 7017
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
If the Secretary of the Navy dies, resigns, is removed from office, is absent, or is disabled, the person who is highest on the following list, and who is not absent or disabled, shall perform the duties of the Secretary until the President, under section 3347 11 See References in Text note below. of title 5, directs another person to perform those duties or until the absence or disability ceases:
(1) The Under Secretary of the Navy.
(2) The Assistant Secretaries of the Navy, in the order prescribed by the Secretary of the Navy and approved by the Secretary of Defense.
(3) The General Counsel of the Department of the Navy.
(4) The Chief of Naval Operations.
(5) The Commandant of the Marine Corps.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8017
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
If the Secretary of the Air Force dies, resigns, is removed from office, is absent, or is disabled, the person who is highest on the following list, and who is not absent or disabled, shall perform the duties of the Secretary until the President, under section 3347 11 See References in Text note below. of title 5, directs another person to perform those duties or until the absence or disability ceases:
(1) The Under Secretary of the Air Force.
(2) The Assistant Secretaries of the Air Force, in the order prescribed by the Secretary of the Air Force and approved by the Secretary of Defense.
(3) The General Counsel of the Department of the Air Force.
(4) The Chief of Staff.
(5) The Chief of Space Operations.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 9017
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3349
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 423
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 3348
President of the United States, § 3, Dec. 23, 2016, 81 F.R.
96337.
Memorandum of President of the United States, Oct.
17, 2008, 73 F.R. 62845, revoked by Memorandum of
President of the United States, § 3, Oct. 17, 2014, 79 F.R.
63805.
Memorandum of President of the United States, Apr.
17, 2006, 71 F.R. 20333, superseded by Memorandum of
President of the United States, § 3, Oct. 17, 2008, 73 F.R.
62845.
UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
Memorandum of President of the United States, Dec.
9, 2008, 73 F.R. 75535.
UNITED STATES SECTION, INTERNATIONAL BOUNDARY AND
WATER COMMISSION, UNITED STATES AND MEXICO
Memorandum of President of the United States, Aug.
31, 2009, 74 F.R. 45533.
UNITED STATES INTERNATIONAL DEVELOPMENT FINANCE
CORPORATION
Memorandum of President of the United States, Jan.
8, 2021, 86 F.R. 2949.
§ 3346. Time limitation
(a) Except in the case of a vacancy caused by
sickness, the person serving as an acting officer
as described under section 3345 may serve in the
office—
(1) for no longer than 210 days beginning on
the date the vacancy occurs; or
(2) subject to subsection (b), once a first or
second nomination for the office is submitted
to the Senate, from the date of such nomina-
tion for the period that the nomination is
pending in the Senate.
(b)(1) If the first nomination for the office is
rejected by the Senate, withdrawn, or returned
to the President by the Senate, the person may
continue to serve as the acting officer for no
more than 210 days after the date of such rejec-
tion, withdrawal, or return.
(2) Notwithstanding paragraph (1), if a second
nomination for the office is submitted to the
Senate after the rejection, withdrawal, or ret
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 3347
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.