
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC3346]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart B--Employment and Retention
 
            CHAPTER 33--EXAMINATION, SELECTION, AND PLACEMENT
 
          SUBCHAPTER III--DETAILS, VACANCIES, AND APPOINTMENTS
 
Sec. 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 
    nomination 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Senate, withdrawn, or returned to the President by the Senate, the 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 rejection, 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 confirmed; or
        (B) for no more than 210 days after the second nomination is 
    rejected, withdrawn, or returned.

    (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, Sec. 151(b), Oct. 21, 1998, 112 
Stat. 2681-612.)


                            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, Sec. 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.


                             Effective Date

    Section effective 30 days after Oct. 21, 1998, 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 3345, 3347, 3348, 3349, 
3349a, 3349b, 3349c, 3349d, 5535 of this title.
