Title 5 — Government Organization and Employees
Part III · Chapter 33 — Examination, Selection, and Placement
§ 3347. Exclusivity
Statutory text
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—
a statutory provision expressly—
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
designates an officer or employee to perform the functions and duties of a specified office temporarily in an acting capacity; or
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.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999
Pub. L. 105–277 div. C title I § 151(b) · 112 Stat. 2681
Enacted · 5 U.S.C. § 3347
Added Pub. L. 105–277, div. C, title I, § 151(b), Oct. 21, 1998, 112 Stat. 2681–613
Source evidence
Code source credit
Added Pub. L. 105–277, div. C, title I, § 151(b), Oct. 21, 1998, 112 Stat. 2681–613Enacted provision · exact public law section
Sec. 151. None of the funds contained in this Act may be used by the District of Columbia Corporation Counsel or any other officer or entity of the District government to provide assistance for any petition drive or civil action which seeks to require Congress to provide for voting representation in Congress for the District of Columbia.Pub. L. 106–31 title V § 5011 · 113 Stat. 57
Substituted · 5 U.S.C. § 3347(b)
Pub. L. 106–31 substituted “subsection (a)(1)” for “subsection (a)(2)”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 106–31 substituted “subsection (a)(1)” for “subsection (a)(2)”.Enacted provision · exact public law section
Sec. 5011. Section 3347(b) of title 5, United States Code, as added by the Federal Vacancies Reform Act of 1998, is amended by striking “provision to which subsection (a)(2) applies” and inserting “provision to which subsection (a)( 1) applies”.GAO Human Capital Reform Act of 2004
Pub. L. 108–271 § 8(b) · 118 Stat. 811
Substituted · 5 U.S.C. § 3347
Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in introductory provisions of subsec. (a) and in subsec. (b)
Source evidence
Code amendment note
Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in introductory provisions of subsec. (a) and in subsec. (b).Enacted provision · exact public law section
(b) References.— Any reference to the General Accounting Office in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act shall be considered to refer and apply to the Government Accountability Office.
3 of 3 references resolved to an enrolled provision
Editorial Notes
Prior Provisions
A prior section 3347, Pub. L. 89–554, , 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), , 112 Stat. 2681–611, 2681–616, effective 30 days after . See section 3345 of this title.
Amendments1999–2004 · 2 rounds
2004
Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in introductory provisions of subsec. (a) and in subsec. (b).
1999
Subsec. (b). Pub. L. 106–31 substituted “subsection (a)(1)” for “subsection (a)(2)”.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 30 days after , and applicable to any office that becomes vacant after such effective date, with certain exceptions, see section 151(d) of Pub. L. 105–277, set out as a note under section 3345 of this title.
Credits
1998–2004 · 3 acts
- 1998Added Pub. L. 105–277, div. C, title I, § 151(b), , 112 Stat. 2681–613
- 1999amended Pub. L. 106–31, title V, § 5011, , 113 Stat. 112
- 2004Pub. L. 108–271, § 8(b), , 118 Stat. 814.
Show as published
(Added Pub. L. 105–277, div. C, title I, § 151(b), , 112 Stat. 2681–613; amended Pub. L. 106–31, title V, § 5011, , 113 Stat. 112; Pub. L. 108–271, § 8(b), , 118 Stat. 814.)