5 U.S.C. § 3343 — Details; to international organizations

Page 418 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES [§ 3342 (B) in which the position to which the em- ployee is detailed is eliminated on or before the date of the closure, realignment, or re- structuring. (c) For purposes of this section, the term ‘‘base closure law’’ has the meaning given such term in section 101(a)(17) of title 10. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 424; Pub. L. 104–106, div. A, title X, § 1033(a), Feb. 10, 1996, 110 Stat. 429; Pub. L. 109–163, div. A, title X, § 1056(a)(4), Jan. 6, 2006, 119 Stat. 3439.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 38. R.S. § 166. May 28, 1896, ch. 252, § 3, 29 Stat. 179. The words ‘‘Executive department’’ are substituted for ‘‘department’’ as the definition of ‘‘department’’ ap- plicable to this section is coextensive with the defini- tion of ‘‘Executive department’’ in section 101. The words ‘‘or military department’’ are inserted to preserve the application of the source law. Before en- actment of the National Security Act Amendments of 1949 (63 Stat. 578), the Department of the Army, the De- partment of the Navy, and the Department of the Air Force were Executive departments. The National Secu- rity Act Amendments of 1949 established the Depart- ment of Defense as an Executive Department including the Department of the Army, the Department of the Navy, and the Department of the Air Force as military departments, not as Executive departments. However, the source law for this section, which was in effect in 1949, remained applicable to the Secretaries of the mili- tary departments by virtue of section 12(g) of the Na- tional Security Act Amendments of 1949 (63 Stat. 591), which is set out in the reviser’s note for section 301. The word ‘‘detail’’ is coextensive with and is sub- stituted for ‘‘alter the distribution’’. The word ‘‘clerks’’ is omitted as included in ‘‘employees’’. The words ‘‘as he may find it necessary and proper to do’’ and ‘‘from time to time’’ are omitted as surplusage. This section was part of title IV of the Revised Stat- utes. The Act of July 26, 1947, ch. 343, § 201(d), as added Aug. 10, 1949, ch. 412, § 4, 63 Stat. 579 (former 5 U.S.C. 171–1), which provides ‘‘Except to the extent incon- sistent with the provisions of this Act [National Secu- rity Act of 1947], the provisions of title IV of the Re- vised Statutes as now or hereafter amended shall be ap- plicable to the Department of Defense’’ is omitted from this title but is not repealed. 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 2006—Subsec. (c). Pub. L. 109–163 amended subsec. (c) generally. Prior to amendment, subsec. (c) defined the terms ‘‘base closure law’’ and ‘‘military installation’’ for purposes of this section. 1996—Subsec. (b). Pub. L. 104–106 designated existing provisions as par. (1) and added par. (2). Subsec. (c). Pub. L. 104–106, § 1033(a)(2), added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–106, div. A, title X, § 1033(b), Feb. 10, 1996, 110 Stat. 430, provided that: ‘‘The amendments made by subsection (a) [amending this section] apply to details made before the date of the enactment of this Act [Feb. 10, 1996] but still in effect on that date and details made on or after that date.’’ TRANSFER OF APPROPRIATED FUNDS; FUNDING OF DETAILED EMPLOYEES For restriction on availability of funds for salaries of employees reassigned on temporary detail basis to an- other position without independent approval by head of employing department or agency, see section 515(3) of Pub. L. 103–333, set out as a note under section 1301 of Title 31, Money and Finance. [§ 3342. Repealed. Pub. L. 102–378, § 2(13)(A), Oct. 2, 1992, 106 Stat. 1347] Section, added Pub. L. 101–416, § 2(a)(1), Oct. 12, 1990, 104 Stat. 902, related to Federal participants in execu- tive exchange programs. A prior section 3342, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 425, which prohibited details of employees from field service to Executive department in District of Co- lumbia except for temporary duty, details specifically provided for by law, or detailing of one employee from Bureau of Customs for duty in District of Columbia, was repealed by Pub. L. 89–762, § 1(a), Nov. 5, 1966, 80 Stat. 1312. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Section repealed effective Oct. 1, 1991, see section 9(b)(3) of Pub. L. 102–378, set out as an Effective Date of 1992 Amendment note under section 6303 of this title. § 3343. Details; to international organizations (a) For the purpose of this section— (1) ‘‘agency’’, ‘‘employee’’, and ‘‘inter- national organization’’ have the meanings given them by section 3581 of this title; and (2) ‘‘detail’’ means the assignment or loan of an employee to an international organization without a change of position from the agency by which he is employed to an international organization. (b) The head of an agency may detail, for a pe- riod of not more than 5 years, an employee of his agency to an international organization which requests services, except that under special cir- cumstances, where the President determines it to be in the national interest, he may extend the 5-year period for up to an additional 3 years. (c) An employee detailed under subsection (b) of this section is deemed, for the purpose of pre- serving his allowances, privileges, rights, senior- ity, and other benefits, an employee of the agen- cy from which detailed, and he is entitled to pay, allowances, and benefits from funds avail- able to that agency. The authorization and pay- ment of these allowances and other benefits from appropriations available therefor is deemed to comply with section 5536 of this title. (d) Details may be made under subsection (b) of this section— (1) without reimbursement to the United States by the international organization; or (2) with agreement by the international or- ganization to reimburse the United States for all or part of the pay, travel expenses, and al- lowances payable during the detail, and the re- imbursement shall be credited to the appro- priation, fund, or account used for paying the amounts reimbursed. (e) An employee detailed under subsection (b) of this section may be paid or reimbursed by an 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—