5 U.S.C. § 3345 — Acting officer

Page 419 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3345 international organization for allowances or ex- penses incurred in the performance of duties re- quired by the detail, without regard to section 209 of title 18. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 425; Pub. L. 91–175, pt. V, § 502(a), Dec. 30, 1969, 83 Stat. 825.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 5 U.S.C. 2331. Aug. 28, 1958, Pub. L. 85–795, § 2, 72 Stat. 959. (b)–(e) ....... 5 U.S.C. 2332. Aug. 28, 1958, Pub. L. 85–795, § 3, 72 Stat. 959. In subsection (a)(2), the words ‘‘without a change of position from the agency by which he is employed to an international organization’’ are substituted for ‘‘with- out the employee’s transfer from the Federal agency by which he is employed’’ to eliminate the necessity of carrying into this section the definition of ‘‘transfer’’ appearing in former section 2331(5). In subsection (e), the words ‘‘section 209 of title 18’’ are substituted for ‘‘section 1914 of title 18’’ on author- ity of the Act of Oct. 23, 1962, Pub. L. 87–849, § 2, 76 Stat. 1126. Other definitions appearing in former section 2331 are omitted from this section as inappropriate but are car- ried into section 3581. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1969—Subsec. (b). Pub. L. 91–175 substituted ‘‘5’’ for ‘‘3’’ and inserted provision enabling President, regard- ing an agency employee detailed to an international or- ganization for 5 years, to extend the 5-year period for up to an additional 3 years. Executive Documents DETAILS TO INTERNATIONAL ORGANIZATIONS For provisions concerning the providing for details of Federal employees to international organizations and the delegation of Presidential authority, concerning the extension of a detail under this section, to the Sec- retary of State, see Ex. Ord. No. 11552, Aug. 24, 1970, 35 F.R. 13569, set out as a note under section 3584 of this title. § 3344. Details; administrative law judges An agency as defined by section 551 of this title which occasionally or temporarily is insuf- ficiently staffed with administrative law judges appointed under section 3105 of this title may use administrative law judges selected by the Office of Personnel Management from and with the consent of other agencies. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 425; Pub. L. 95–251, § 2(a)(1), (b)(2), Mar. 27, 1978, 92 Stat. 183; Pub. L. 95–454, title IX, § 906(a)(2), Oct. 13, 1978, 92 Stat. 1224.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 1010 (4th sentence). June 11, 1946, ch. 324, § 11 (4th sentence), 60 Stat. 244. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1978—Pub. L. 95–454 substituted ‘‘Office of Personnel Management’’ for ‘‘Civil Service Commission’’. Pub. L. 95–251 substituted references to administra- tive law judges for references to hearing examiners in section catchline and wherever appearing in text. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title. § 3345. Acting officer (a) If an officer of an Executive agency (in- cluding 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 ad- vice 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 of- ficer 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 Presi- dent (and only the President) may direct a person who serves in an office for which ap- pointment is required to be made by the Presi- dent, by and with the advice and consent of the Senate, to perform the functions and du- ties of the vacant office temporarily in an act- ing capacity subject to the time limitations of section 3346; or (3) notwithstanding paragraph (1), the Presi- dent (and only the President) may direct an officer or employee of such Executive agency to perform the functions and duties of the va- cant 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 de- scribed under subparagraph (A) is equal to or greater than the minimum rate of pay pay- able for a position at GS–15 of the General Schedule. (b)(1) Notwithstanding subsection (a)(1), a per- son may not serve as an acting officer for an of- fice under this section, if— (A) during the 365-day period preceding the date of the death, resignation, or beginning of inability to serve, such person— (i) did not serve in the position of first as- sistant to the office of such officer; or (ii) served in the position of first assistant to the office of such officer for less than 90 days; and (B) the President submits a nomination of such person to the Senate for appointment to such office. (2) Paragraph (1) shall not apply to any person if— Page 420 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3345 (A) such person is serving as the first assist- ant to the office of an officer described under subsection (a); (B) the office of such first assistant is an of- fice for which appointment is required to be made by the President, by and with the advice and consent of the Senate; and (C) the Senate has approved the appoint- ment of such person to such office. (c)(1) Notwithstanding subsection (a)(1), the President (and only the President) may direct an officer who is nominated by the President for reappointment for an additional term to the same office in an Executive department without a break in service, to continue to serve in that office subject to the time limitations in section 3346, until such time as the Senate has acted to confirm or reject the nomination, notwith- standing adjournment sine die. (2) For purposes of this section and sections 3346, 3347, 3348, 3349, 3349a, and 3349d, the expira- tion of a term of office is an inability to perform the functions and duties of such office. (Added Pub. L. 105–277, div. C, title I, § 151(b), Oct. 21, 1998, 112 Stat. 2681–611; amended Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) Editorial Notes REFERENCES IN TEXT The General Schedule, referred to in subsec. (a)(3)(B), is set out under section 5332 of this title. PRIOR PROVISIONS A prior section 3345, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 425; Pub. L. 100–398, § 7(a)(1), (2), Aug. 17, 1988, 102 Stat. 988, provided for details to office of head of Execu- tive agency or military department, prior to repeal by Pub. L. 105–277, div. C, title I, § 151(b), (d)(1), Oct. 21, 1998, 112 Stat. 2681–611, 2681–616, effective 30 days after Oct. 21, 1998. AMENDMENTS 2004—Subsec. (a). Pub. L. 108–271 substituted ‘‘Govern- ment Accountability Office’’ for ‘‘General Accounting Office’’ in introductory provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 105–277, div. C, title I, § 151(d), Oct. 21, 1998, 112 Stat. 2681–616, provided that: ‘‘(1) EFFECTIVE DATE.—Subject to paragraph (2), this section [enacting this section and sections 3346 to 3349d of this title, repealing former sections 3345 to 3349 of this title, and enacting provisions set out as a note under section 3301 of this title] and the amendments made by this section shall take effect 30 days after the date of enactment of this section [Oct. 21, 1998]. ‘‘(2) APPLICATION.— ‘‘(A) IN GENERAL.—This section shall apply to any office that becomes vacant after the effective date of this section. ‘‘(B) IMMEDIATE APPLICATION OF TIME LIMITATION.— Notwithstanding subparagraph (A), for any office va- cant on the effective date of this section, the time limitations under section 3346 of title 5, United States Code (as amended by this section) shall apply to such office. Such time limitations shall apply as though such office first became vacant on the effec- tive date of this section. ‘‘(C) CERTAIN NOMINATIONS.—If the President sub- mits to the Senate the nomination of any person after the effective date of this section for an office for which such person had been nominated before such date, the next nomination of such person after such date shall be considered a first nomination of such person to that office for purposes of sections 3345 through 3349 and section 3349d of title 5, United States Code (as amended by this section).’’ Executive Documents EX. ORD. NO. 13472. EXECUTIVE BRANCH RESPONSIBILITIES WITH RESPECT TO ORDERS OF SUCCESSION Ex. Ord. No. 13472, Sept. 11, 2008, 73 F.R. 53353, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: SECTION 1. Policy. It is the policy of the Federal Gov- ernment to ensure that each executive branch agency can perform its essential functions and remain an effec- tively functioning part of the Federal Government under all conditions. Accordingly, each agency shall take all appropriate actions to establish, maintain, and, as necessary, revise an order of succession, or to propose presidential action to establish or revise an order of succession. SEC. 2. Definitions. As used in this order: (a) ‘‘agency’’ means: (i) an executive agency as defined in section 105 of title 5, United States Code, other than the Govern- ment Accountability Office; and (ii) the United States Postal Service and the Postal Regulatory Commission; and (b) ‘‘order of succession’’ means a list of officials by position who shall act as and perform the functions and duties of the office of the head of the agency in the event that the office-holder has died, resigned, or oth- erwise become unable to perform the functions and du- ties of the office. ‘‘Order of succession’’ does not in- clude any order, rule, memorandum, or other document delegating or partially delegating the authority of an office. SEC. 3. Orders of Succession Requiring Presidential Ac- tion. (a) Each agency for which presidential action is re- quired to establish an order of succession shall draft a proposed order of succession if no such order exists and, not later than 30 days from the date of this order, send such proposed draft order to the Counsel to the Presi- dent for review and comment. (b) Each agency described in subsection 3(a) of this order shall send any proposed updates or revisions to the agency’s order of succession to the Counsel to the President for review and comment. (c) Upon completion of the requirements set forth by subsections (a) or (b) of this section with respect to a proposed order, the agency shall submit the proposed order to the Office of Management and Budget in ac- cordance with Executive Order 11030, as amended. SEC. 4. Orders of Succession Not Requiring Presidential Action. (a) Each agency for which presidential action is not required to establish an order of succession because of the agency’s existing legal authority shall establish and maintain such order in accordance with applicable law and any applicable guidance issued by the Presi- dent or the Secretary of Homeland Security, including the laws and guidance regarding continuity plans and programs for the executive branch. (b) Each agency described in subsection 4(a) of this order shall update and revise its order of succession as necessary. Before implementing any revisions to its order of succession, such agency shall send the pro- posed revisions to the Counsel to the President for re- view and comment. (c) Not later than 30 days from the date of this order, and not later than 7 days from the issuance date of any subsequent final revision to an existing order of succes- sion, each agency described in subsection 4(a) of this order shall provide a copy of its order of succession to the Counsel to the President, the Assistant to the Page 421 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3345 President for Homeland Security and Counterterrorism, and the Director of the Office of Management and Budget. SEC. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to a department, agen- cy, or the head thereof; or (ii) functions of the Director of the Office of Man- agement and Budget relating to budget, administra- tive, or legislative proposals. (b) Nothing in this order shall be construed to dele- gate the President’s authority under the Federal Va- cancies Reform Act of 1998, 5 U.S.C. 3345 et seq., to des- ignate individuals to perform the functions and duties of a vacant office temporarily in an acting capacity. (c) This order shall be implemented in a manner con- sistent with applicable law and subject to the avail- ability of appropriations. (d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity, by any party against the United States, its agencies, instrumentalities, or enti- ties, its officers, employees, or agents, or any other person. GEORGE W. BUSH. EXECUTIVE DOCUMENTS DESIGNATING ORDERS OF SUCCESSION Provisions relating to the exercise of Presidential au- thorities to designate an order of succession for execu- tive agencies and offices are contained in the following: COUNCIL ON ENVIRONMENTAL QUALITY Memorandum of President of the United States, Sept. 6, 2019, 84 F.R. 48227, as corrected Sept. 16, 2019, 84 F.R. 48549. Memorandum of President of the United States, Jan. 13, 2017, 82 F.R. 7627, revoked by Memorandum of Presi- dent of the United States, § 3, Sept. 6, 2019, 84 F.R. 48227. Memorandum of President of the United States, Mar. 13, 2015, 80 F.R. 14289, revoked by Memorandum of President of the United States, § 3, Jan. 13, 2017, 82 F.R. 7627. Memorandum of President of the United States, Sept. 18, 2008, 73 F.R. 54487, revoked by Memorandum of President of the United States, § 3, Mar. 13, 2015, 80 F.R. 14289. DEPARTMENT OF AGRICULTURE Ex. Ord. No. 13612, May 21, 2012, 77 F.R. 31153. Ex. Ord. No. 13542, May 13, 2010, 75 F.R. 27921, revoked by Ex. Ord. No. 13612, § 3, May 21, 2012, 77 F.R. 31154. Ex. Ord. No. 13241, Dec. 18, 2001, 66 F.R. 66258, as amended by Ex. Ord. No. 13261, § 4(a), Mar. 19, 2002, 67 F.R. 13243; Ex. Ord. No. 13484, §§ 1, 2, Jan. 9, 2009, 74 F.R. 2285, revoked by Ex. Ord. No. 13542, § 3, May 13, 2010, 75 F.R. 27922. Ex. Ord. No. 11957, Jan. 13, 1977, 42 F.R. 3295, revoked by Ex. Ord. No. 13241, § 4, Dec. 18, 2001, 66 F.R. 66259. DEPARTMENT OF COMMERCE Ex. Ord. No. 13613, May 21, 2012, 77 F.R. 31155. Ex. Ord. No. 13242, Dec. 18, 2001, 66 F.R. 66260, as amended by Ex. Ord. No. 13261, § 4(b), Mar. 19, 2002, 67 F.R. 13243, revoked by Ex. Ord. No. 13613, § 3, May 21, 2012, 77 F.R. 31155. Ex. Ord. No. 11880, Oct. 2, 1975, 40 F.R. 46089, as amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617; Ex. Ord. No. 12998, Apr. 5, 1996, 61 F.R. 15873, re- voked by Ex. Ord. No. 13242, § 4, Dec. 18, 2001, 66 F.R. 66261. DEPARTMENT OF DEFENSE Ex. Ord. No. 13963, Dec. 10, 2020, 85 F.R. 81331. Ex. Ord. No. 13533, Mar. 1, 2010, 75 F.R. 10163, revoked by Ex. Ord. No. 13963, § 3, Dec. 10, 2020, 85 F.R. 81332. Ex. Ord. No. 13394, Dec. 22, 2005, 70 F.R. 76665, revoked by Ex. Ord. No. 13533, § 3, Mar. 1, 2010, 75 F.R. 10164. Ex. Ord. No. 13000, Apr. 24, 1996, 61 F.R. 18483, revoked by Ex. Ord. No. 13394, § 5, Dec. 22, 2005, 70 F.R. 76666. DEPARTMENT OF HEALTH AND HUMAN SERVICES Ex. Ord. No. 13461, Feb. 15, 2008, 73 F.R. 9437. Ex. Ord. No. 13250, Dec. 28, 2001, 67 F.R. 1597, as amended by Ex. Ord. No. 13261, § 4(h), Mar. 19, 2002, 67 F.R. 13244, revoked by Ex. Ord. No. 13461, § 4, Feb. 15, 2008, 73 F.R. 9438. DEPARTMENT OF HOMELAND SECURITY For order of succession within the Department of Homeland Security, see Ex. Ord. No. 13286, § 88, Feb. 28, 2003, 68 F.R. 10632, as amended, set out as a note under section 111 of Title 6, Domestic Security. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Ex. Ord. No. 13243, Dec. 18, 2001, 66 F.R. 66262, as amended by Ex. Ord. No. 13261, § 4(c), Mar. 19, 2002, 67 F.R. 13244. Ex. Ord. No. 11274, Mar. 30, 1966, 31 F.R. 5243, as amended by Pub. L. 101–509, title V, § 529 [title I, § 112(c)], Nov. 5, 1990, 104 Stat. 1427, 1454, revoked by Ex. Ord. No. 13243, § 4, Dec. 18, 2001, 66 F.R. 66263. DEPARTMENT OF JUSTICE Ex. Ord. No. 13787, Mar. 31, 2017, 82 F.R. 16723. Ex. Ord. No. 13775, Feb. 9, 2017, 82 F.R. 10697, revoked by Ex. Ord. No. 13787, § 3, Mar. 31, 2017, 82 F.R. 16723. Ex. Ord. No. 13762, Jan. 13, 2017, 82 F.R. 7619, revoked by Ex. Ord. No. 13775, § 3, Feb. 9, 2017, 82 F.R. 10697. Ex. Ord. No. 13557, Nov. 4, 2010, 75 F.R. 68679, revoked by Ex. Ord. No. 13762, § 3 Jan. 13, 2017, 82 F.R. 7619. Ex. Ord. No. 13481, Dec. 9, 2008, 73 F.R. 75531, revoked by Ex. Ord. No. 13557, § 3, Nov. 4, 2010, 75 F.R. 68679. Memorandum of President of the United States, Dec. 8, 2006, 71 F.R. 74753, superseded by Ex. Ord. No. 13481, § 3, Dec. 9, 2008, 73 F.R. 75531. DEPARTMENT OF LABOR Ex. Ord. No. 13755, Dec. 23, 2016, 81 F.R. 96329. Ex. Ord. No. 13245, Dec. 18, 2001, 66 F.R. 66268, as amended by Ex. Ord. No. 13261, § 4(e), Mar. 19, 2002, 67 F.R. 13244, revoked by Ex. Ord. No. 13755, § 3, Dec. 23, 2016, 81 F.R. 96329. Ex. Ord. No. 10513, Jan. 19, 1954, 19 F.R. 369, revoked by Ex. Ord. No. 13245, § 4, Dec. 8, 2001, 66 F.R. 66269. DEPARTMENT OF STATE Ex. Ord. No. 13251, Dec. 28, 2001, 67 F.R. 1599, as amended by Ex. Ord. No. 13261, § 4(i), Mar. 19, 2002, 67 F.R. 13244. Ex. Ord. No. 12343, Jan. 27, 1982, 47 F.R. 4225, revoked by Ex. Ord. No. 13251, § 4, Dec. 28, 2001, 67 F.R. 1599. DEPARTMENT OF THE AIR FORCE Ex. Ord. No. 12909, Apr. 22, 1994, 59 F.R. 21909. DEPARTMENT OF THE ARMY Ex. Ord. No. 12908, Apr. 22, 1994, 59 F.R. 21907. DEPARTMENT OF THE INTERIOR Ex. Ord. No. 13915, Apr. 14, 2020, 85 F.R. 21733. Ex. Ord. No. 13244, Dec. 18, 2001, 66 F.R. 66267, as amended by Ex. Ord. No. 13261, § 4(d), Mar. 19, 2002, 67 F.R. 13244, revoked by Ex. Ord. No. 13915, § 4, Apr. 14, 2020, 85 F.R. 21734. Ex. Ord. No. 11487, Oct. 6, 1969, 34 F.R. 15593, as amended by Pub. L. 101–509, title V, § 529 [title I, § 112(c)], Nov. 5, 1990, 104 Stat. 1427, 1454, revoked by Ex. Ord. No. 13244, § 4, Dec. 18, 2001, 66 F.R. 66267. DEPARTMENT OF THE NAVY Ex. Ord. No. 12879, Nov. 8, 1993, 58 F.R. 59929. DEPARTMENT OF THE TREASURY Ex. Ord. No. 13735, Aug. 12, 2016, 81 F.R. 54709. Page 422 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3345 Ex. Ord. No. 13246, Dec. 18, 2001, 66 F.R. 66270, as amended by Ex. Ord. No. 13261, § 4(f), Mar. 19, 2002, 67 F.R. 13244, revoked by Ex. Ord. No. 13735, § 4, Aug. 12, 2016, 81 F.R. 54709. Ex. Ord. No. 11822, Dec. 10, 1974, 39 F.R. 43275, revoked by Ex. Ord. No. 13246, § 4, Dec. 18, 2001, 66 F.R. 66270. DEPARTMENT OF TRANSPORTATION Ex. Ord. No. 13485, Jan. 9, 2009, 74 F.R. 2287. DEPARTMENT OF VETERANS AFFAIRS Ex. Ord. No. 13736, Aug. 12, 2016, 81 F.R. 54711. Ex. Ord. No. 13247, Dec. 18, 2001, 66 F.R. 66271, as amended by Ex. Ord. No. 13261, § 4(g), Mar. 19, 2002, 67 F.R. 13244, revoked by Ex. Ord. No. 13736, § 3(a), (b), Aug. 12, 2016, 81 F.R. 54711. Memorandum of President of the United States, Feb. 12, 2003, 68 F.R. 10141, revoked by Ex. Ord. No. 13736, § 3(d), Aug. 12, 2016, 81 F.R. 54711. ENVIRONMENTAL PROTECTION AGENCY Ex. Ord. No. 13973, Jan. 8, 2021, 86 F.R. 3733. Ex. Ord. No. 13763, Jan. 13, 2017, 82 F.R. 7621, revoked by Ex. Ord. No. 13973, § 3, Jan. 8, 2021, 86 F.R. 3734. Ex. Ord. No. 13737, Aug. 12, 2016, 81 F.R. 54713, revoked by Ex. Ord. No. 13763, § 3, Jan. 13, 2017, 82 F.R. 7622. Ex. Ord. No. 13614, May 21, 2012, 77 F.R. 31157, revoked by Ex. Ord. No. 13737, § 3, Aug. 12, 2016, 81 F.R. 54714. Ex. Ord. No. 13261, Mar. 19, 2002, 67 F.R. 13243, as amended by Ex. Ord. No. 13344, July 7, 2004, 69 F.R. 41747, revoked by Ex. Ord. No. 13614, § 3, May 21, 2012, 77 F.R. 31157, amended by Ex. Ord. No. 13736, § 3(b), Aug. 12, 2016, 81 F.R. 54711. FEDERAL BUREAU OF INVESTIGATION Memorandum of President of the United States, Feb. 9, 2007, 72 F.R. 7343. FEDERAL EMERGENCY MANAGEMENT AGENCY Memorandum of President of the United States, Nov. 26, 2002, 67 F.R. 79513, terminated upon the transfer of the authorities, functions, personnel, and assets of the Federal Emergency Management Agency to the Depart- ment of Homeland Security. FEDERAL MEDIATION AND CONCILIATION SERVICE Memorandum of President of the United States, Jan. 13, 2017, 82 F.R. 7629. Memorandum of President of the United States, Dec. 23, 2016, 81 F.R. 96333. Memorandum of President of the United States, Oct. 17, 2014, 79 F.R. 63803. GENERAL SERVICES ADMINISTRATION Memorandum of President of the United States, Sept. 2, 2020, 85 F.R. 55585. Memorandum of President of the United States, Sept. 20, 2013, 78 F.R. 59161, revoked by Memorandum of President of the United States, § 3, Sept. 2, 2020, 85 F.R. 55585. MILLENNIUM CHALLENGE CORPORATION Memorandum of President of the United States, May 21, 2012, 77 F.R. 31161. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Memorandum of President of the United States, Jan. 16, 2009, 74 F.R. 4099. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION Memorandum of President of the United States, Dec. 23, 2016, 81 F.R. 96331. Memorandum of President of the United States, May 21, 2012, 77 F.R. 31163, revoked by Memorandum of President of the United States, § 3, Dec. 23, 2016, 81 F.R. 96331. NATIONAL ENDOWMENT FOR THE ARTS Memorandum of President of the United States, Dec. 23, 2016, 81 F.R. 96335. NATIONAL ENDOWMENT FOR THE HUMANITIES Memorandum of President of the United States, Aug. 12, 2016, 81 F.R. 54717. OFFICE OF MANAGEMENT AND BUDGET Ex. Ord. No. 13615, May 21, 2012, 77 F.R. 31159. Ex. Ord. No. 13370, Jan. 13, 2005, 70 F.R. 3137, revoked by Ex. Ord. No. 13615, § 3, May 21, 2012, 77 F.R. 31159. OFFICE OF PERSONNEL MANAGEMENT Memorandum of President of the United States, Dec. 10, 2020, 85 F.R. 81775. Memorandum of President of the United States, Aug. 12, 2016, 81 F.R. 54715, revoked by Memorandum of President of the United States, § 3, Dec. 10, 2020, 85 F.R. 81775. Memorandum of President of the United States, May 21, 2012, 77 F.R. 31165, revoked by Memorandum of President of the United States, § 3, Aug. 12, 2016, 81 F.R. 54715. Memorandum of President of the United States, May 5, 2005, 70 F.R. 28773, superseded by Memorandum of President of the United States, May 21, 2012, 77 F.R. 31165. Memorandum of President of the United States, Mar. 11, 2003, 68 F.R. 12281, superseded by Memorandum of President of the United States, May 5, 2005, 70 F.R. 28773. OFFICE OF SCIENCE AND TECHNOLOGY POLICY Memorandum of President of the United States, Jan. 13, 2017, 82 F.R. 7625. Memorandum of President of the United States, Aug. 5, 2009, 74 F.R. 39871, revoked by Memorandum of Presi- dent of the United States, § 3, Jan. 13, 2017, 82 F.R. 7625. OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE Memorandum of President of the United States, Sept. 20, 2013, 78 F.R. 59159. Memorandum of President of the United States, Mar. 8, 2011, 76 F.R. 13499, revoked by Memorandum of Presi- dent of the United States, § 4, Sept. 20, 2013, 78 F.R. 59159. Memorandum of President of the United States, Oct. 3, 2008, 73 F.R. 58869, revoked by Memorandum of Presi- dent of the United States, § 5, Mar. 8, 2011, 76 F.R. 13499. Memorandum of President of the United States, Dec. 20, 2005, 70 F.R. 76375, superseded by Memorandum of President of the United States, § 4, Oct. 3, 2008, 73 F.R. 58869. OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Memorandum of President of the United States, Feb. 20, 2007, 72 F.R. 8085. OVERSEAS PRIVATE INVESTMENT CORPORATION Memorandum of President of the United States, June 6, 2011, 76 F.R. 33613. Memorandum of President of the United States, Jan. 16, 2009, 74 F.R. 4101, revoked by Memorandum of Presi- dent of the United States, § 3, June 6, 2011, 76 F.R. 33613. PENSION BENEFIT GUARANTY CORPORATION Memorandum of President of the United States, Apr. 2, 2020, 85 F.R. 19637. Memorandum of President of the United States, Feb. 1, 2013, 78 F.R. 8953, revoked by Memorandum of Presi- dent of the United States, § 3, Apr. 2, 2020, 85 F.R. 19637. Memorandum of President of the United States, Dec. 9, 2008, 73 F.R. 75533, superseded by Memorandum of President of the United States, § 3, Feb. 1, 2013, 78 F.R. 8953. SOCIAL SECURITY ADMINISTRATION Memorandum of President of the United States, Dec. 23, 2016, 81 F.R. 96337. Memorandum of President of the United States, Oct. 17, 2014, 79 F.R. 63805, revoked by Memorandum of 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 return of the first nomination, the person serving as the acting officer may continue to serve— (A) until the second nomination is con- firmed; or (B) for no more than 210 days after the sec- ond nomination is rejected, withdrawn, or re- turned. (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. (Added Pub. L. 105–277, div. C, title I, § 151(b), Oct. 21, 1998, 112 Stat. 2681–612.) Editorial Notes PRIOR PROVISIONS A prior section 3346, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 426, provided for details to subordinate offices, prior to repeal by Pub. L. 105–277, div. C, title I, § 151(b), (d)(1), Oct. 21, 1998, 112 Stat. 2681–611, 2681–616, effective 30 days after Oct. 21, 1998. See section 3345 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 30 days after Oct. 21, 1998, and appli- cable to any office that becomes vacant after such ef- fective date, with certain exceptions, see section 151(d) of Pub. L. 105–277, set out as a note under section 3345 of this title. § 3347. Exclusivity (a) Sections 3345 and 3346 are the exclusive means for temporarily authorizing an acting of- ficial to perform the functions and duties of any office of an Executive agency (including the Ex- ecutive 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 con- sent of the Senate, unless— (1) a statutory provision expressly— (A) authorizes the President, a court, or the head of an Executive department, to des- ignate 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 speci- fied 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. (Added Pub. L. 105–277, div. C, title I, § 151(b), Oct. 21, 1998, 112 Stat. 2681–613; amended Pub. L. 106–31, title V, § 5011, May 21, 1999, 113 Stat. 112; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) Editorial Notes PRIOR PROVISIONS A prior section 3347, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 426, provided for Presidential authority relating to details, prior to repeal by Pub. L. 105–277, div. C, title I, § 151(b), (d)(1), Oct. 21, 1998, 112 Stat. 2681–611, 2681–616, effective 30 days after Oct. 21, 1998. See section 3345 of this title. AMENDMENTS 2004—Pub. L. 108–271 substituted ‘‘Government Ac- countability Office’’ for ‘‘General Accounting Office’’ in introductory provisions of subsec. (a) and in subsec. (b). 1999—Subsec. (b). Pub. L. 106–31 substituted ‘‘sub- section (a)(1)’’ for ‘‘subsection (a)(2)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 30 days after Oct. 21, 1998, and appli- cable to any office that becomes vacant after such ef- fective date, with certain exceptions, see section 151(d) of Pub. L. 105–277, set out as a note under section 3345 of this title. § 3348. Vacant office (a) In this section— (1) the term ‘‘action’’ includes any agency action as defined under section 551(13); and