5 U.S.C. § 3347 | Exclusivity

(a)

Sections 3345 and 3346 are the exclusive means for temporarily authorizing an acting official to perform the functions and duties of any office of an Executive agency (including the Executive 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 consent of the Senate, unless—

(1)

a statutory provision expressly—

(A)

authorizes the President, a court, or the head of an Executive department, to designate 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 specified 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.

Pub. L. 105–277, div. C, title I, § 151(b)Oct. 21, 1998112 Stat. 2681–613 Pub. L. 106–31, title V, § 5011May 21, 1999113 Stat. 112 Pub. L. 108–271, § 8(b)July 7, 2004118 Stat. 814(Added , , ; amended , , ; , , .)

Editorial Notes

Prior Provisions

Pub. L. 89–554Sept. 6, 196680 Stat. 426 Pub. L. 105–277, div. C, title I, § 151(b)Oct. 21, 1998112 Stat. 2681–611Oct. 21, 1998section 3345 of this titleA prior section 3347, , , , provided for Presidential authority relating to details, prior to repeal by , (d)(1), , , 2681–616, effective 30 days after . See .

Amendments

Pub. L. 108–2712004— substituted “Government Accountability Office” for “General Accounting Office” in introductory provisions of subsec. (a) and in subsec. (b).

Pub. L. 106–311999—Subsec. (b). substituted “subsection (a)(1)” for “subsection (a)(2)”.

Statutory Notes and Related Subsidiaries

Effective Date

Oct. 21, 1998section 151(d) of Pub. L. 105–277 section 3345 of this titleSection effective 30 days after , and applicable to any office that becomes vacant after such effective date, with certain exceptions, see , set out as a note under .