5 U.S.C. § 3344 — Details; administrative law judges

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—