
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC3347]

 
             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. 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 General Accounting 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 General Accounting 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, Sec. 151(b), Oct. 21, 1998, 112 
Stat. 2681-613; amended Pub. L. 106-31, title V, Sec. 5011, May 21, 
1999, 113 Stat. 112.)


                            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, 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.


                               Amendments

    1999--Subsec. (b). Pub. L. 106-31 substituted ``subsection (a)(1)'' 
for ``subsection (a)(2)''.


                             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, 3348, 3349, 3349b, 
3349c, 3349d, 5535 of this title; title 10 sections 3017, 5017, 8017.
