5 U.S.C. § 3346 — Time limitation

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 Memorandum of President of the United States, Apr. 17, 2006, 71 F.R. 20333, superseded by Memorandum of President of the United States, § 3, Oct. 17, 2008, 73 F.R. 62845.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 (b)(1) If the first nomination for the office is rejected by the Senate, withdrawn, or returned to the President by the Senate, the person may continue to serve as the acting officer for no more than 210 days after the date of such rejec-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until the second nomination is con- firmed; or (B) for no more than 210 days after the sec- ond nomination is rejected, withdrawn, or re- turned.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