5-U.S.C.-3346
§3346 – Time Limitation
Pathway
Title 5 > Part III > Subpart B > Chapter 33 > Subchapter III > Section 3346
Details
- Reference: Section 3346
- Legend: §3346 – Time Limitation
- USCode Year: 2013
Provision Content
(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(b)(1) If the first nomination for the office is rejected by the Senate, withdrawn, or returned to the President by the Senate, the person may continue to serve as the acting officer for no more than 210 days after the date of such rejection,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(B) for no more than 210 days after the second nomination is rejected, withdrawn, or returned.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, §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, §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.
U.S. Encyclopedia of Law Coverage
5-U.S.C.-3321 in the Legal Encyclopedia: Government Employees
In this entry about 5-U.S.C.-3321, find legal reference material, bibliographies and premiere content related to government employees in the American Encyclopedia of Law, presenting a comprehensive view of the United States government employees-specific issues, written by authorities in the field.
Subchapter II – Oath of office in the Legal Encyclopedia: Employment
In this entry about Subchapter II – Oath of office, find legal reference material, bibliographies and premiere content related to employment in the American Encyclopedia of Law, presenting a comprehensive view of the United States employment-specific issues, written by authorities in the field.
Leave a Reply