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5 U.S.C. § 3346 — Time limitation
Federal law — U.S. Code and appendices · legal_authorities
**(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 nomination 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(1) If the first nomination for the office is rejected by the Senate, withdrawn, or returned to the President by the Senate, the person may continue to serve as the acting officer for no more than 210 days after the date of such rejection, withdrawal, or return.
(2) Notwithstanding paragraph (1), if a second nomination for the office is submitted to the Senate after the rejection, withdrawal, or return of the first nomination, the person serving as the acting officer may continue to serve—
(A) until the second nomination is confirmed; or
(B) for no more than 210 days after the second nomination is rejected, withdrawn, or returned.
**(c)** If a vacancy occurs during an adjournment of the Congress sine die, the 210-day period under subsection (a) shall begin on the date that the Senate first reconvenes.
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Stable record: federal_law:legal_authorities:record_usc_dc7ba02db621f2b5d5f90671
Source file: Laws/federal/codes/united-states-code/title-5/section-3346-time-limitation--3bf615b622.md
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Source location: Title 5, Chapter 33, § 3346; chapter-033-examination-selection-and-placement.md
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**(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 nomination 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(1) If the first nomination for the office is rejected by the Senate, withdrawn, or returned to the President by the Senate, the person may continue to serve as the acting officer for no more than 210 days after the date of such rejection, withdrawal, or return.
(2) Notwithstanding paragraph (1), if a second nomination for the office is submitted to the Senate after the rejection, withdrawal, or return of the first nomination, the person serving as the acting officer may continue to serve—
(A) until the second nomination is confirmed; or
(B) for no more than 210 days after the second nomination is rejected, withdrawn, or returned.
**(c)** If a vacancy occurs during an adjournment of the Congress sine die, the 210-day period under subsection (a) shall begin on the date that the Senate first reconvenes.
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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) Establishment.—** There are established the following regional Commissions:
(1) The Southeast Crescent Regional Commission.
(2) The Southwest Border Regional Commission.
(3) The Northern Border Regional Commission.
(4) The Great Lakes Authority.
(5) The Mid-Atlantic Regional Commission.
(6) The Southern New England Regional Commission.
**(b) Membership.—**
(1) **Federal and state members.—** — Each Commission shall be composed of the following members:
(A) A Federal Cochairperson, to be appointed by the President, by and with the advice and consent of the Senate.
(B) The Governor of each participating State in the region of the Commission.
(2) **Alternate members.—**
(A) *Alternate federal cochairperson.—* — The President shall appoint an alternate Federal Cochairperson for each Commission. The alternate Federal Cochairperson, when not actively serving as an alternate for the Federal Cochairperson, shall perform such functions and duties as are delegated by the Federal Cochairperson.
(B) *State alternates.—* — The State member of a participating State may have a single alternate, who shall be appointed by the Governor of the State from among the members of the Governor’s cabinet or personal staff.
(C) *Voting.—*
(i) *In general.—* — An alternate member shall vote in the case of the absence, death, disability, removal, or resignation of the Federal or State member for which the alternate member is an alternate.
(ii) *State alternates.—* — If the alternate State member is unable to vote in accordance with clause (i), the alternate State member may delegate voting authority to a designee, subject to the condition that the executive director shall be notified, in writing, of the designation not less than 1 week before the applicable v
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 15301
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In this section—
(1) the term “action” includes any agency action as defined under section 551(13); and
(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 officer); 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 applicable 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 sections 3345, 3346, and 3347, 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 office shall remain vacant; and
(2) in the case of an office other than the office of the head of an Executive agency (including the Executive Office of the President, and other than the Government Accountability Office), only the head of such Executive 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 b
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3348
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** There shall be at the head of each Office an Inspector General who shall be appointed by the President, by and with the advice and consent of the Senate, without regard to political affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. Each Inspector General shall report to and be under the general supervision of the head of the establishment involved or, to the extent such authority is delegated, the officer next in rank below such head, but shall not report to, or be subject to supervision by, any other officer of the establishment. Neither the head of the establishment nor the officer next in rank below the head shall prevent or prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation, or from issuing any subpoena during the course of any audit or investigation.
**(b) Removal or Transfer.—** An Inspector General may be removed from office by the President. If an Inspector General is removed from office or is transferred to another position or location within an establishment, the President shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer. Nothing in this subsection shall prohibit a personnel action otherwise authorized by law, other than transfer or removal.
**(c) Not Employee Determining Policy.—** For the purposes of [section 7324 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7324&num=0&edition=prelim), an Inspector General shall not be considered to be an employee who determines policies to be pursued by the United St
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 403
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Office of Inspector General of the Intelligence Community** There is within the Office of the Director of National Intelligence an Office of the Inspector General of the Intelligence Community.
**(b) Purpose** The purpose of the Office of the Inspector General of the Intelligence Community is—
(1) to create an objective and effective office, appropriately accountable to Congress, to initiate and conduct independent investigations, inspections, audits, and reviews on programs and activities within the responsibility and authority of the Director of National Intelligence;
(2) to provide leadership and coordination and recommend policies for activities designed—
(A) to promote economy, efficiency, and effectiveness in the administration and implementation of such programs and activities; and
(B) to prevent and detect fraud and abuse in such programs and activities;
(3) to provide a means for keeping the Director of National Intelligence fully and currently informed about—
(A) problems and deficiencies relating to the administration of programs and activities within the responsibility and authority of the Director of National Intelligence; and
(B) the necessity for, and the progress of, corrective actions; and
(4) in the manner prescribed by this section, to ensure that the congressional intelligence committees are kept similarly informed of—
(A) significant problems and deficiencies relating to programs and activities within the responsibility and authority of the Director of National Intelligence; and
(B) the necessity for, and the progress of, corrective actions.
**(c) Inspector General of the Intelligence Community**
(1) There is an Inspector General of the Intelligence Community, who shall be the head of the Office of the Inspector Genera
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3035
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Purpose; establishment** In order to—
(1) create an objective and effective office, appropriately accountable to Congress, to initiate and conduct independently inspections, investigations, and audits relating to programs and operations of the Agency;
(2) provide leadership and recommend policies designed to promote economy, efficiency, and effectiveness in the administration of such programs and operations, and detect fraud and abuse in such programs and operations;
(3) provide a means for keeping the Director fully and currently informed about problems and deficiencies relating to the administration of such programs and operations, and the necessity for and the progress of corrective actions; and
(4) in the manner prescribed by this section, ensure that the Senate Select Committee on Intelligence and the House Permanent Select Committee on Intelligence (hereafter in this section referred to collectively as the “intelligence committees”) are kept similarly informed of significant problems and deficiencies as well as the necessity for and the progress of corrective actions,
there is hereby established in the Agency an Office of Inspector General (hereafter in this section referred to as the “Office”).
**(b) Appointment; supervision; removal**
(1) There shall be at the head of the Office an Inspector General who shall be appointed by the President, by and with the advice and consent of the Senate. This appointment shall be made without regard to political affiliation and shall be on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigation. Such appointment shall also be made on the basis of compliance with the security standards of the Agency and prior experi
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3517
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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. § 3346
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.