1998—Pub. L. 105–277, div. C, title I, §151(c)(2), Oct. 21, 1998, 112 Stat. 2681–616, substituted “DETAILS, VACANCIES, AND APPOINTMENTS” for “DETAILS” as subchapter heading.
Pub. L. 103–329, title VI, §619, Sept. 30, 1993, 108 Stat. 2420, which directed each Executive agency detailing personnel submit an annual report to Senate and House Committees on Appropriations on all employees or members of armed services detailed to Executive agencies, listing grade, position, and offices of each person detailed and agency to which each such person was detailed, with exemptions for certain intelligence agencies, terminated, effective May 15, 2000, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 151 of House Document No. 103–7. Similar provisions were contained in the following prior appropriations acts:
Pub. L. 103–123, title VI, §617, Oct. 28, 1993, 107 Stat. 1263.
Pub. L. 102–393, title VI, §619, Oct. 6, 1992, 106 Stat. 1769; repealed by Pub. L. 104–66, title III, §3001(h), Dec. 21, 1995, 109 Stat. 734.
Pub. L. 102–141, title VI, §619, Oct. 28, 1991, 105 Stat. 871.
Pub. L. 101–509, title VI, §616, Nov. 5, 1990, 104 Stat. 1474.
Pub. L. 101–136, title VI, §616, Nov. 3, 1989, 103 Stat. 819.
Pub. L. 100–440, title VI, §616, Sept. 22, 1988, 102 Stat. 1754.
Pub. L. 100–202, §101(m) [title VI, §621], Dec. 22, 1987, 101 Stat. 1329–390, 1329–427.
(a) The head of an Executive department or military department may detail employees among the bureaus and offices of his department, except employees who are required by law to be exclusively engaged on some specific work.
(b)(1) Details under subsection (a) of this section may be made only by written order of the head of the department, and may be for not more than 120 days. These details may be renewed by written order of the head of the department, in each particular case, for periods not exceeding 120 days.
(2) The 120-day limitation in paragraph (1) for details and renewals of details does not apply to the Department of Defense in the case of a detail—
(A) made in connection with the closure or realignment of a military installation pursuant to a base closure law or an organizational restructuring of the Department as part of a reduction in the size of the armed forces or the civilian workforce of the Department; and
(B) in which the position to which the employee is detailed is eliminated on or before the date of the closure, realignment, or restructuring.
(c) For purposes of this section, the term “base closure law” has the meaning given such term in section 101(a)(17) of title 10.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 424; Pub. L. 104–106, div. A, title X, §1033(a), Feb. 10, 1996, 110 Stat. 429; Pub. L. 109–163, div. A, title X, §1056(a)(4), Jan. 6, 2006, 119 Stat. 3439.)
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| 5 U.S.C. 38. | R.S. §166. May 28, 1896, ch. 252, §3, 29 Stat. 179. |
The words “Executive department” are substituted for “department” as the definition of “department” applicable to this section is coextensive with the definition of “Executive department” in section 101.
The words “or military department” are inserted to preserve the application of the source law. Before enactment of the National Security Act Amendments of 1949 (63 Stat. 578), the Department of the Army, the Department of the Navy, and the Department of the Air Force were Executive departments. The National Security Act Amendments of 1949 established the Department of Defense as an Executive Department including the Department of the Army, the Department of the Navy, and the Department of the Air Force as military departments, not as Executive departments. However, the source law for this section, which was in effect in 1949, remained applicable to the Secretaries of the military departments by virtue of section 12(g) of the National Security Act Amendments of 1949 (63 Stat. 591), which is set out in the reviser's note for section 301.
The word “detail” is coextensive with and is substituted for “alter the distribution”. The word “clerks” is omitted as included in “employees”. The words “as he may find it necessary and proper to do” and “from time to time” are omitted as surplusage.
This section was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343, §201(d), as added Aug. 10, 1949, ch. 412, §4, 63 Stat. 579 (former 5 U.S.C. 171–1), which provides “Except to the extent inconsistent with the provisions of this Act [National Security Act of 1947], the provisions of title IV of the Revised Statutes as now or hereafter amended shall be applicable to the Department of Defense” is omitted from this title but is not repealed.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
2006—Subsec. (c). Pub. L. 109–163 amended subsec. (c) generally. Prior to amendment, subsec. (c) defined the terms “base closure law” and “military installation” for purposes of this section.
1996—Subsec. (b). Pub. L. 104–106 designated existing provisions as par. (1) and added par. (2).
Subsec. (c). Pub. L. 104–106, §1033(a)(2), added subsec. (c).
Section 1033(b) of Pub. L. 104–106 provided that: “The amendments made by subsection (a) [amending this section] apply to details made before the date of the enactment of this Act [Feb. 10, 1996] but still in effect on that date and details made on or after that date.”
For restriction on availability of funds for salaries of employees reassigned on temporary detail basis to another position without independent approval by head of employing department or agency, see section 515(3) of Pub. L. 103–333, set out as a note under section 1301 of Title 31, Money and Finance.
Section, added Pub. L. 101–416, §2(a)(1), Oct. 12, 1990, 104 Stat. 902, related to Federal participants in executive exchange programs.
A prior section 3342, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 425, which prohibited details of employees from field service to Executive department in District of Columbia except for temporary duty, details specifically provided for by law, or detailing of one employee from Bureau of Customs for duty in District of Columbia, was repealed by Pub. L. 89–762, §1(a), Nov. 5, 1966, 80 Stat. 1312.
Section repealed effective Oct. 1, 1991, see section 9(b)(3) of Pub. L. 102–378, set out as an Effective Date of 1992 Amendment note under section 6303 of this title.
(a) For the purpose of this section—
(1) “agency”, “employee”, and “international organization” have the meanings given them by section 3581 of this title; and
(2) “detail” means the assignment or loan of an employee to an international organization without a change of position from the agency by which he is employed to an international organization.
(b) The head of an agency may detail, for a period of not more than 5 years, an employee of his agency to an international organization which requests services, except that under special circumstances, where the President determines it to be in the national interest, he may extend the 5-year period for up to an additional 3 years.
(c) An employee detailed under subsection (b) of this section is deemed, for the purpose of preserving his allowances, privileges, rights, seniority, and other benefits, an employee of the agency from which detailed, and he is entitled to pay, allowances, and benefits from funds available to that agency. The authorization and payment of these allowances and other benefits from appropriations available therefor is deemed to comply with section 5536 of this title.
(d) Details may be made under subsection (b) of this section—
(1) without reimbursement to the United States by the international organization; or
(2) with agreement by the international organization to reimburse the United States for all or part of the pay, travel expenses, and allowances payable during the detail, and the reimbursement shall be credited to the appropriation, fund, or account used for paying the amounts reimbursed.
(e) An employee detailed under subsection (b) of this section may be paid or reimbursed by an international organization for allowances or expenses incurred in the performance of duties required by the detail, without regard to section 209 of title 18.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 425; Pub. L. 91–175, pt. V, §502(a), Dec. 30, 1969, 83 Stat. 825.)
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | 5 U.S.C. 2331. | Aug. 28, 1958, Pub. L. 85–795, §2, 72 Stat. 959. |
| (b)–(e) | 5 U.S.C. 2332. | Aug. 28, 1958, Pub. L. 85–795, §3, 72 Stat. 959. |
In subsection (a)(2), the words “without a change of position from the agency by which he is employed to an international organization” are substituted for “without the employee's transfer from the Federal agency by which he is employed” to eliminate the necessity of carrying into this section the definition of “transfer” appearing in former section 2331(5).
In subsection (e), the words “section 209 of title 18” are substituted for “section 1914 of title 18” on authority of the Act of Oct. 23, 1962, Pub. L. 87–849, §2, 76 Stat. 1126.
Other definitions appearing in former section 2331 are omitted from this section as inappropriate but are carried into section 3581.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
1969—Subsec. (b). Pub. L. 91–175 substituted “5” for “3” and inserted provision enabling President, regarding an agency employee detailed to an international organization for 5 years, to extend the 5-year period for up to an additional 3 years.
For provisions concerning the providing for details of Federal employees to international organizations and the delegation of Presidential authority, concerning the extension of a detail under this section, to the Secretary of State, see Ex. Ord. No. 11552, Aug. 24, 1970, 35 F.R. 13569, set out as a note under section 3584 of this title.
An agency as defined by section 551 of this title which occasionally or temporarily is insufficiently staffed with administrative law judges appointed under section 3105 of this title may use administrative law judges selected by the Office of Personnel Management from and with the consent of other agencies.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 425; Pub. L. 95–251, §2(a)(1), (b)(2), Mar. 27, 1978, 92 Stat. 183; Pub. L. 95–454, title IX, §906(a)(2), Oct. 13, 1978, 92 Stat. 1224.)
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| 5 U.S.C. 1010 (4th sentence). | June 11, 1946, ch. 324, §11 (4th sentence), 60 Stat. 244. |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
1978—Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission”.
Pub. L. 95–251 substituted references to administrative law judges for references to hearing examiners in section catchline and wherever appearing in text.
Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
(a) If an officer of an Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate, dies, resigns, or is otherwise unable to perform the functions and duties of the office—
(1) the first assistant to the office of such officer shall perform the functions and duties of the office temporarily in an acting capacity subject to the time limitations of section 3346;
(2) notwithstanding paragraph (1), the President (and only the President) may direct a person who serves in an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate, to perform the functions and duties of the vacant office temporarily in an acting capacity subject to the time limitations of section 3346; or
(3) notwithstanding paragraph (1), the President (and only the President) may direct an officer or employee of such Executive agency to perform the functions and duties of the vacant office temporarily in an acting capacity, subject to the time limitations of section 3346, if—
(A) during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the applicable officer, the officer or employee served in a position in such agency for not less than 90 days; and
(B) the rate of pay for the position described under subparagraph (A) is equal to or greater than the minimum rate of pay payable for a position at GS–15 of the General Schedule.
(b)(1) Notwithstanding subsection (a)(1), a person may not serve as an acting officer for an office under this section, if—
(A) during the 365-day period preceding the date of the death, resignation, or beginning of inability to serve, such person—
(i) did not serve in the position of first assistant to the office of such officer; or
(ii) served in the position of first assistant to the office of such officer for less than 90 days; and
(B) the President submits a nomination of such person to the Senate for appointment to such office.
(2) Paragraph (1) shall not apply to any person if—
(A) such person is serving as the first assistant to the office of an officer described under subsection (a);
(B) the office of such first assistant is an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate; and
(C) the Senate has approved the appointment of such person to such office.
(c)(1) Notwithstanding subsection (a)(1), the President (and only the President) may direct an officer who is nominated by the President for reappointment for an additional term to the same office in an Executive department without a break in service, to continue to serve in that office subject to the time limitations in section 3346, until such time as the Senate has acted to confirm or reject the nomination, notwithstanding adjournment sine die.
(2) For purposes of this section and sections 3346, 3347, 3348, 3349, 3349a, and 3349d, the expiration of a term of office is an inability to perform the functions and duties of such office.
(Added Pub. L. 105–277, div. C, title I, §151(b), Oct. 21, 1998, 112 Stat. 2681–611; amended Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814.)
The General Schedule, referred to in subsec. (a)(3)(B), is set out under section 5332 of this title.
A prior section 3345, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 425; Pub. L. 100–398, §7(a)(1), (2), Aug. 17, 1988, 102 Stat. 988, provided for details to office of head of Executive agency or military department, 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.
2004—Subsec. (a). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in introductory provisions.
Pub. L. 105–277, div. C, title I, §151(d), Oct. 21, 1998, 112 Stat. 2681–616, provided that:
“(1)
“(2)
“(A)
“(B)
“(C)
For order of succession within the Department of Homeland Security, see Ex. Ord. No. 13286, §88, Feb. 28, 2003, 68 F.R. 10632, as amended, set out as a note under section 111 of Title 6, Domestic Security.
Ex. Ord. No. 10513, Jan. 19, 1954, 19 F.R. 369, which designated certain officers of the Department of Labor to act as Secretary of Labor during any period of unavailability of both the Secretary and the Deputy Secretary of Labor, was revoked by Ex. Ord. No. 13245, §4, Dec. 8, 2001, 66 F.R. 66269, set out below.
Ex. Ord. No. 11274, Mar. 30, 1966, 31 F.R. 5243, as amended by Pub. L. 101–509, title V, §529 [title I, §112(c)], Nov. 5, 1990, 104 Stat. 1427, 1454, which designated certain officers of the Department of Housing and Urban Development to act as Secretary of Housing and Urban Development during any period of unavailability of the Secretary, was revoked by Ex. Ord. No. 13243, §4, Dec. 18, 2001, 66 F.R. 66263, set out below.
Ex. Ord. No. 11487, Oct. 6, 1969, 34 F.R. 15593, as amended by Pub. L. 101–509, title V, §529 [title I, §112(c)], Nov. 5, 1990, 104 Stat. 1427, 1454, which designated certain officers of the Department of the Interior to act as Secretary of the Interior during any period of unavailability of both the Secretary and the Deputy Secretary of the Interior, was revoked by Ex. Ord. No. 13244, §4, Dec. 18, 2001, 66 F.R. 66267, set out below.
Ex. Ord. No. 11822, Dec. 10, 1974, 39 F.R. 43275, which designated certain officers of the Department of the Treasury to act as Secretary of the Treasury during any period of unavailability of both the Secretary and the Deputy Secretary of the Treasury, was revoked by Ex. Ord. No. 13246, §4, Dec. 18, 2001, 66 F.R. 66270, set out below.
Ex. Ord. No. 11880, Oct. 2, 1975, 40 F.R. 46089, as amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617; Ex. Ord. No. 12998, Apr. 5, 1996, 61 F.R. 15873, which designated certain officers of the Department of Commerce to act as Secretary of Commerce during any period of unavailability of both the Secretary and the Deputy Secretary of Commerce, was revoked by Ex. Ord. No. 13242, §4, Dec. 18, 2001, 66 F.R. 66261, set out below.
Ex. Ord. No. 11957, Jan. 13, 1977, 42 F.R. 3295, which designated certain officers of the Department of Agriculture to act as Secretary of Agriculture during any period of unavailability of both the Secretary and the Deputy Secretary of Agriculture, was revoked by Ex. Ord. No. 13241, §4, Dec. 18, 2001, 66 F.R. 66259, formerly set out below.
Ex. Ord. No. 12343, Jan. 27, 1982, 47 F.R. 4225, which designated certain officers of the Department of State to act as Secretary of State during any period of unavailability of both the Secretary and the Deputy Secretary of State, was revoked by Ex. Ord. No. 13251, §4, Dec. 28, 2001, 67 F.R. 1599, set out below.
Ex. Ord. No. 12879, Nov. 8, 1993, 58 F.R. 59929, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including [former] section 3347 of title 5, United States Code, it is hereby ordered as follows:
(a) In the event of the death, permanent disability, or resignation of the Secretary of the Navy, the incumbents holding the positions designated below, in the order indicated, shall act for and exercise the powers of the Secretary of the Navy:
(1) The Under Secretary of the Navy.
(2) The Assistant Secretaries and General Counsel of the Navy, in the order fixed by their length of services as permanent appointees in such positions.
(3) The Chief of Naval Operations.
(4) The Commandant of the Marine Corps.
(b) In the event of the temporary absence or temporary disability of the Secretary of the Navy, the incumbents holding the Department of the Navy positions designated in paragraph (a) of this section, in the order indicated, shall act for and exercise the powers of the Secretary of the Navy.
(1) In these instances, the designation of an Acting Secretary of the Navy applies only for the duration of the Secretary's absence or disability, and does not affect the authority of the Secretary to resume the powers of his office upon his return.
(2) In the event that the Secretary of the Navy is merely absent from this position, the Secretary of the Navy may continue to exercise the powers and fulfill the duties of his office during his absence, notwithstanding the provisions of this order.
(c) Precedence among those officers designated in paragraph (a) of this section who have the same date of appointment shall be determined by the Secretary of the Navy at the time that such appointments are made.
(d) Notwithstanding paragraph (a) and (b) of this section, an officer shall not act for or exercise the powers of the Secretary of the Navy under this order if that officer serves only in an acting capacity in the position that would otherwise entitle him to do so.
William J. Clinton.
Ex. Ord. No. 12908, Apr. 22, 1994, 59 F.R. 21907, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including [former] section 3347 of title 5, United States Code, it is hereby ordered as follows:
(a) In the event of the death, permanent disability, or resignation of the Secretary of the Army, the incumbents holding the positions designated below, in the order indicated, shall act for and exercise the powers of the Secretary of the Army:
(1) The Under Secretary of the Army.
(2) The Assistant Secretaries and General Counsel of the Army, in the order fixed by their length of service as permanent appointees in such positions.
(3) The Chief of Staff of the Army.
(b) In the event of the absence or temporary disability of the Secretary of the Army, the incumbents holding the Department of the Army positions designated in paragraph (a) of this section, in the order indicated, shall act for and exercise the powers of the Secretary of the Army.
(1) The designation of an Acting Secretary of the Army under this subsection applies only for the duration of the Secretary's absence or disability, and does not affect the authority of the Secretary to resume the powers of the Secretary's office.
(2) When the Secretary of the Army is temporarily absent from the position, the Secretary of the Army may continue to exercise the powers and fulfill the duties of his office during his absence, notwithstanding the provisions of this order.
(c) Precedence among those officers designated in paragraph (a) of this section who have the same date of appointment shall be determined by the Secretary of the Army at the time that such appointments are made.
(d) Notwithstanding paragraphs (a) and (b) of this section, an officer shall not act for or exercise the powers of the Secretary of the Army under this order if that officer serves only in an acting capacity in the position that would otherwise entitle him to do so.
William J. Clinton.
Ex. Ord. No. 12909, Apr. 22, 1994, 59 F.R. 21909, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including [former] section 3347 of title 5, United States Code, it is hereby ordered as follows:
(a) In the event of the death, permanent disability, or resignation of the Secretary of the Air Force, the incumbents holding the positions designated below, in the order indicated, shall act for and exercise the powers of the Secretary of the Air Force:
(1) The Under Secretary of the Air Force.
(2) The Assistant Secretaries and General Counsel of the Air Force, in the order fixed by their length of service as permanent appointees in such positions.
(3) The Chief of Staff of the Air Force.
(b) In the event of the absence or temporary disability of the Secretary of the Air Force, the incumbents holding the Department of the Air Force positions designated in paragraph (a) of this section, in the order indicated, shall act for and exercise the powers of the Secretary of the Air Force.
(1) The designation of an Acting Secretary of the Air Force applies only for the duration of the Secretary's absence or disability, and does not affect the authority of the Secretary to resume the powers of the Secretary's office.
(2) In the event that the Secretary of the Air Force is temporarily absent from the position, the Secretary of the Air Force may continue to exercise the powers and fulfill the duties of his office during the absence, notwithstanding the provisions of this order.
(c) Precedence among those officers designated in paragraph (a) of this section who have the same date of appointment shall be determined by the Secretary of the Air Force at the time that such appointments are made.
(d) Notwithstanding paragraphs (a) and (b) of this section, an officer shall not act for or exercise the powers of the Secretary of the Air Force under this order if that officer serves only in an acting capacity in the position that would otherwise entitle him to do so.
William J. Clinton.
Ex. Ord. No. 13000, Apr. 24, 1996, 61 F.R. 18483, which provided an order of succession of officers to act as Secretary of Defense, was revoked by Ex. Ord. No. 13394, §5, Dec. 22, 2005, 70 F.R. 76666, formerly set out below.
Ex. Ord. No. 13241, Dec. 18, 2001, 66 F.R. 66258, as amended by Ex. Ord. No. 13261, §4(a), Mar. 19, 2002, 67 F.R. 13243; Ex. Ord. No. 13484, §§1, 2, Jan. 9, 2009, 74 F.R. 2285, which designated certain officers of the Department of Agriculture to act as Secretary of Agriculture during any period of unavailability of both the Secretary and the Deputy Secretary of Agriculture, was revoked by Ex. Ord. No. 13542, §3, May 13, 2010, 75 F.R. 27922, set out below.
Ex. Ord. No. 13242, Dec. 18, 2001, 66 F.R. 66260, as amended by Ex. Ord. No. 13261, §4(b), Mar. 19, 2002, 67 F.R. 13243, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including Subchapter III of Chapter 33 of title 5 of the United States Code, it is hereby ordered that:
(a) General Counsel of the Department of Commerce;
(b) Under Secretary of Commerce for International Trade;
(c) Under Secretary of Commerce for Economic Affairs;
(d) Under Secretary of Commerce for Oceans and Atmosphere and Administrator of the National Oceanic and Atmospheric Administration;
(e) Under Secretary of Commerce for Technology;
(f) Under Secretary of Commerce for Export Administration;
(g) Chief Financial Officer of the Department of Commerce and Assistant Secretary of Commerce in charge of Administration; and
(h) Assistant Secretary of Commerce in charge of Legislative and Intergovernmental Affairs.
(a) No individual who is serving in an office listed in section 2(a)–(h) in an acting capacity shall, by virtue of so serving, act as Secretary pursuant to this order.
(b) Notwithstanding the provisions of this Executive Order, the President retains discretion, to the extent permitted by Subchapter III of Chapter 33 of title 5 of the United States Code, to depart from this Executive Order in designating an acting Secretary.
George W. Bush.
Ex. Ord. No. 13243, Dec. 18, 2001, 66 F.R. 66262, as amended by Ex. Ord. No. 13261, §4(c), Mar. 19, 2002, 67 F.R. 13244, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including Subchapter III of Chapter 33 of title 5 of the United States Code, it is hereby ordered that:
(a) General Counsel of the Department of Housing and Urban Development;
(b) Assistant Secretary of Housing and Urban Development in charge of Housing-Federal Housing Commission;
(c) Assistant Secretary of Housing and Urban Development in charge of Community, Planning and Development;
(d) Assistant Secretary of Housing and Urban Development in charge of Public and Indian Housing;
(e) Assistant Secretary of Housing and Urban Development in charge of Policy Development and Research;
(f) Assistant Secretary of Housing and Urban Development in charge of Fair Housing and Equal Opportunity;
(g) Assistant Secretary of Housing and Urban Development in charge of Congressional and Intergovernmental Relations;
(h) Assistant Secretary of Housing and Urban Development in charge of Administration; and
(i) Assistant Secretary of Housing and Urban Development in charge of Public Affairs.
(a) No individual who is serving in an office listed in section 2(a)–(i) in an acting capacity shall, by virtue of so serving, act as Secretary pursuant to this order.
(b) Notwithstanding the provisions of this Executive Order, the President retains discretion, to the extent permitted by Subchapter III of Chapter 33 of title 5 of the United States Code, to depart from this Executive Order in designating an acting Secretary.
George W. Bush.
Ex. Ord. No. 13244, Dec. 18, 2001, 66 F.R. 66267, as amended by Ex. Ord. No. 13261, §4(d), Mar. 19, 2002, 67 F.R. 13244, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including Subchapter III of Chapter 33 of title 5 of the United States Code, it is hereby ordered that:
(a) Solicitor of the Department of the Interior;
(b) Assistant Secretary of the Interior in charge of Policy, Management and Budget;
(c) Assistant Secretary of the Interior in charge of Land and Minerals Management;
(d) Assistant Secretary of the Interior in charge of Water and Science;
(e) Assistant Secretary of the Interior for Fish and Wildlife and Parks; and
(f) Assistant Secretary of the Interior for Indian Affairs.
(a) No individual who is serving in an office listed in section 2(a)–(f) in an acting capacity shall, by virtue of so serving, act as Secretary pursuant to this order.
(b) Notwithstanding the provisions of this Executive Order, the President retains discretion, to the extent permitted by Subchapter III of Chapter 33 of title 5 of the United States Code, to depart from this Executive Order in designating an acting Secretary.
George W. Bush.
Ex. Ord. No. 13245, Dec. 18, 2001, 66 F.R. 66268, as amended by Ex. Ord. No. 13261, §4(e), Mar. 19, 2002, 67 F.R. 13244, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including Subchapter III of Chapter 33 of title 5 of the United States Code, it is hereby ordered that:
(a) Solicitor of Labor;
(b) Assistant Secretary of Labor in charge of Administration and Management;
(c) Assistant Secretary of Labor in charge of Policy;
(d) Assistant Secretary of Labor in charge of Congressional and Intergovernmental Affairs;
(e) Assistant Secretary of Labor in charge of the Employment and Training Administration;
(f) Assistant Secretary of Labor in charge of the Employment Standards Administration;
(g) Assistant Secretary of Labor in charge of the Pension and Welfare Benefits Administration;
(h) Assistant Secretary of Labor for Occupational Safety and Health;
(i) Assistant Secretary of Labor for Mine Safety and Health;
(j) Assistant Secretary of Labor in charge of the Office of Public Affairs;
(k) Assistant Secretary of Labor for Veterans’ Employment and Training; and
(l) Assistant Secretary of Labor in charge of the Office of Disability Employment Policy.
(a) No individual who is serving in an office listed in section 2(a)–(l) in an acting capacity shall, by virtue of so serving, act as Secretary pursuant to this order.
(b) Notwithstanding the provisions of this Executive Order, the President retains discretion, to the extent permitted by Subchapter III of Chapter 33 of title 5 of the United States Code, to depart from this Executive Order in designating an acting Secretary.
George W. Bush.
Ex. Ord. No. 13246, Dec. 18, 2001, 66 F.R. 66270, as amended by Ex. Ord. No. 13261, §4(f), Mar. 19, 2002, 67 F.R. 13244, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including Subchapter III of Chapter 33 of title 5 of the United States Code, it is hereby ordered that:
(a) Under Secretaries of the Treasury (including the Under Secretary of the Treasury for Enforcement), in the order in which they shall have taken the oath of office as such officers;
(b) General Counsel of the Department of the Treasury; and
(c) Deputy Under Secretaries of the Treasury and those Assistant Secretaries of the Treasury appointed by the President by and with the consent of the Senate, in the order in which they shall have taken the oath of office as such officers.
(a) No individual who is serving in an office listed in section 2(a)–(c) in an acting capacity shall, by virtue of so serving, act as Secretary pursuant to this order.
(b) Notwithstanding the provisions of this Executive Order, the President retains discretion, to the extent permitted by Subchapter III of Chapter 33 of title 5 of the United States Code, to depart from this Executive Order in designating an acting Secretary.
George W. Bush.
Ex. Ord. No. 13247, Dec. 18, 2001, 66 F.R. 66271, as amended by Ex. Ord. No. 13261, §4(g), Mar. 19, 2002, 67 F.R. 13244, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including Subchapter III of Chapter 33 of title 5 of the United States Code, it is hereby ordered that:
(a) Under Secretary of Veterans Affairs for Health;
(b) Under Secretary of Veterans Affairs for Benefits;
(c) Under Secretary of Veterans Affairs for Memorial Affairs;
(d) General Counsel of the Department of Veterans Affairs;
(e) Assistant Secretaries of Veterans Affairs, in the order in which they shall have taken the oath of office as Assistant Secretaries, other than the Chief Financial Officer and, if an Assistant Secretary, the Chief Information Officer;
(f) Chief Information Officer of the Department of Veterans Affairs, if the Chief Information Officer is an officer appointed by the President by and with the consent of the Senate;
(g) Chief Financial Officer of the Department of Veterans Affairs; and
(h) Chairman, Board of Veterans’ Appeals.
(a) No individual who is serving in an office listed in section 2(a)–(h) in an acting capacity shall, by virtue of so serving, act as Secretary pursuant to this order.
(b) Notwithstanding the provisions of this Executive Order, the President retains discretion, to the extent permitted by Subchapter III of Chapter 33 of title 5 of the United States Code, to depart from this Executive Order in designating an acting Secretary.
George W. Bush.
Ex. Ord. No. 13250, Dec. 28, 2001, 67 F.R. 1597, as amended by Ex. Ord. No. 13261, §4(h), Mar. 19, 2002, 67 F.R. 13244, which provided an order of succession within the Department of Health and Human Services, was revoked by Ex. Ord. No. 13461, §4, Feb. 15, 2008, 73 F.R. 9438, set out below.
Ex. Ord. No. 13251, Dec. 28, 2001, 67 F.R. 1599, as amended by Ex. Ord. No. 13261, §4(i), Mar. 19, 2002, 67 F.R. 13244, provided:
By the authority vested in me as President by the Constitution and laws of the United States of America, including the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., it is hereby ordered that:
(a) Deputy Secretary of State;
(b) Deputy Secretary of State for Management and Resources;
(c) Under Secretary of State designated for political affairs pursuant to section 2651a(b) of title 22, United States Code;
(d) Under Secretary of State designated for management affairs pursuant to section 2651a(b) of title 22, United States Code;
(e) The remaining Under Secretaries of State, in the order in which they shall have taken the oath of office as such;
(f) Assistant Secretaries of State designated for regional bureaus pursuant to section 2651a(c) of title 22, United States Code, in the order in which they shall have taken the oath of office as such;
(g) The following officers, in the order in which they shall have taken the oath of office as such:
(1) Remaining Assistant Secretaries of State;
(2) Coordinator for Counterterrorism;
(3) Director General of the Foreign Service; and
(4) Legal Adviser;
(h) United States Representative to the United Nations (New York);
(i) Deputy United States Representative to the United Nations (New York);
(j) The following other United States Representatives to the United Nations (New York), in the order in which they shall have taken the oath of office as such:
(1) United States Representative to the United Nations for United Nations Management and Reform;
(2) United States Representative to the United Nations on the Economic and Social Council of the United Nations; and
(3) Alternate United States Representative to the United Nations for Special Political Affairs in the United Nations;
(k) The following Chiefs of Mission, in the order listed:
(1) United States Ambassador to the United Kingdom;
(2) United States Ambassador to Canada;
(3) United States Ambassador to Australia;
(4) United States Ambassador to Mexico;
(5) United States Ambassador to Japan; and
(6) United States Ambassador to India;
(l) The following officers, in the order in which they shall have taken the oath of office as such:
(1) United States Ambassadors at Large;
(2) Counselor; and
(3) Special Representatives of the President; and
(m) The remaining Chiefs of Mission, in the order in which they shall have taken the oath of office as such.
(a) No individual who has not been appointed by the President by and with the consent of the Senate shall act as Secretary pursuant to this order.
(b) No individual who is serving in an office listed in section 2(a)–(m) in an acting capacity shall, by virtue of so serving, act as Secretary pursuant to this order.
(c) Notwithstanding the provisions of this order, the President retains discretion, to the extent permitted by the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., to depart from this order in designating an acting Secretary.
(d) A successor office, intended to be the equivalent of an office identified in section 2 of this order, shall be deemed to be the position identified in section 2 for purposes of this order.
George W. Bush.
Ex. Ord. No. 13261, Mar. 19, 2002, 67 F.R. 13243, as amended by Ex. Ord. No. 13344, July 7, 2004, 69 F.R. 41747, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345, et seq., it is hereby ordered that:
(a) Assistant Administrator, Office of Solid Waste;
(b) Assistant Administrator for Toxic Substances;
(c) Assistant Administrator (Air and Radiation).[;]
(d) Assistant Administrator (Water Programs);
(e) Assistant Administrator (General Counsel);
(f) Assistant Administrator (Enforcement and Compliance Assurance);
(g) Chief Financial Officer;
(h) Assistant Administrator (Research and Development);
(i) Assistant Administrator (International Activities);
(j) Assistant Administrator (Administration and Resources Management); and
(k) Assistant Administrator (Environmental Information).
(a) No individual who is serving in an office listed in section 2(a)–(k) in an acting capacity, by virtue of so serving, shall act as Administrator pursuant to this order.
(b) Notwithstanding the provisions of this order, the President retains discretion, to the extent permitted by the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., to depart from this order in designating an acting Administrator.
(a) [Amended Ex. Ord. No. 13241, formerly set out above;]
(b) [Amended Ex. Ord. No. 13242, set out above;]
(c) [Amended Ex. Ord. No. 13243, set out above;]
(d) [Amended Ex. Ord. No. 13244, set out above;]
(e) [Amended Ex. Ord. No. 13245, set out above;]
(f) [Amended Ex. Ord. No. 13246, set out above;]
(g) [Amended Ex. Ord. No. 13247, set out above;]
(h) [Amended Ex. Ord. No. 13250, formerly set out above; and]
(i) [Amended Ex. Ord. No. 13251, set out above.]
George W. Bush.
Ex. Ord. No. 13370, Jan. 13, 2005, 70 F.R. 3137, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America and pursuant to the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., it is hereby ordered that:
Deputy Director for Management;
Executive Associate Director;
Associate Director (National Security Programs);
Associate Director (General Government Programs);
Associate Director (Human Resource Programs);
Associate Director (Natural Resource Programs);
General Counsel;
Administrator for Federal Procurement Policy;
Administrator of the Office of Information and Regulatory Affairs;
Controller, Office of Federal Financial Management; and
Administrator of the Office of Electronic Government.
(b) Notwithstanding the provisions of this order, the President retains discretion, to the extent permitted by law, to depart from this order in designating an acting Director.
George W. Bush.
Ex. Ord. No. 13394, Dec. 22, 2005, 70 F.R. 76665, which provided an order of succession of officers to act as Secretary of Defense, was revoked by Ex. Ord. No. 13533, §3, Mar. 1, 2010, 75 F.R. 10164, set out below.
Ex. Ord. No. 13461, Feb. 15, 2008, 73 F.R. 9437, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., it is hereby ordered that:
(a) Deputy Secretary of Health and Human Services;
(b) General Counsel of the Department of Health and Human Services;
(c) Assistant Secretary (Resources and Technology);
(d) Assistant Secretary (Planning and Evaluation);
(e) Administrator of the Centers for Medicare and Medicaid Services;
(f) Commissioner of Food and Drugs;
(g) Director of the National Institutes of Health;
(h) Assistant Secretary for Family Support;
(i) Other Assistant Secretaries of the Department of Health and Human Services appointed by the President, in the order in which they shall have taken the oath of office as such;
(j) Director, Centers for Disease Control and Prevention; and
(k) Director, Region 4.
(a) No individual who is serving in an office listed in section 2 of this order in an acting capacity, by virtue of so serving, shall act as Secretary pursuant to this order.
(b) Notwithstanding the provisions of this order, the President retains discretion, consistent with the Federal Vacancies Reform Act of 1998, to depart from this order in designating an acting Secretary.
George W. Bush.
Ex. Ord. No. 13472, Sept. 11, 2008, 73 F.R. 53353, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
(a) “agency” means:
(i) an executive agency as defined in section 105 of title 5, United States Code, other than the Government Accountability Office; and
(ii) the United States Postal Service and the Postal Regulatory Commission; and
(b) “order of succession” means a list of officials by position who shall act as and perform the functions and duties of the office of the head of the agency in the event that the office-holder has died, resigned, or otherwise become unable to perform the functions and duties of the office. “Order of succession” does not include any order, rule, memorandum, or other document delegating or partially delegating the authority of an office.
(a) Each agency for which presidential action is required to establish an order of succession shall draft a proposed order of succession if no such order exists and, not later than 30 days from the date of this order, send such proposed draft order to the Counsel to the President for review and comment.
(b) Each agency described in subsection 3(a) of this order shall send any proposed updates or revisions to the agency's order of succession to the Counsel to the President for review and comment.
(c) Upon completion of the requirements set forth by subsections (a) or (b) of this section with respect to a proposed order, the agency shall submit the proposed order to the Office of Management and Budget in accordance with Executive Order 11030, as amended.
(b) Each agency described in subsection 4(a) of this order shall update and revise its order of succession as necessary. Before implementing any revisions to its order of succession, such agency shall send the proposed revisions to the Counsel to the President for review and comment.
(c) Not later than 30 days from the date of this order, and not later than 7 days from the issuance date of any subsequent final revision to an existing order of succession, each agency described in subsection 4(a) of this order shall provide a copy of its order of succession to the Counsel to the President, the Assistant to the President for Homeland Security and Counterterrorism, and the Director of the Office of Management and Budget.
(i) authority granted by law to a department, agency, or the head thereof; or
(ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals.
(b) Nothing in this order shall be construed to delegate the President's authority under the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., to designate individuals to perform the functions and duties of a vacant office temporarily in an acting capacity.
(c) This order shall be implemented in a manner consistent with applicable law and subject to the availability of appropriations.
(d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person.
George W. Bush.
Ex. Ord. No. 13481, Dec. 9, 2008, 73 F.R. 75531, which provided an order of succession within the Department of Justice, was revoked by Ex. Ord. No. 13557, §3, Nov. 4, 2010, 75 F.R. 68679, set out below.
Ex. Ord. No. 13485, Jan. 9, 2009, 74 F.R. 2287, provided:
By the authority vested in me as President under the Constitution and the laws of the United States of America, including the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., it is hereby ordered that:
(a) Administrator of the Federal Highway Administration;
(b) Administrator of the Federal Aviation Administration;
(c) Administrator of the Federal Motor Carrier Safety Administration;
(d) Administrator of the Federal Railroad Administration;
(e) Administrator of the Federal Transit Administration;
(f) Administrator of the Maritime Administration;
(g) Administrator of the Pipeline and Hazardous Materials Safety Administration;
(h) Administrator of the National Highway Traffic Safety Administration;
(i) Administrator of the Research and Innovative Technology Administration;
(j) Administrator of the Saint Lawrence Seaway Development Corporation;
(k) Regional Administrator, Southern Region, Federal Aviation Administration;
(l) Director, Resource Center, Lakewood, Colorado, Federal Highway Administration; and
(m) Regional Administrator, Northwest Mountain Region, Federal Aviation Administration.
(b) No individual who is serving in an office listed in section 1 shall act as Secretary unless that individual is otherwise eligible to so serve under the Federal Vacancies Reform Act of 1998.
(c) Notwithstanding the provisions of this order, the President retains discretion, to the extent permitted by law, to depart from this order in designating an acting Secretary.
George W. Bush.
Ex. Ord. No. 13533, Mar. 1, 2010, 75 F.R. 10163, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Vacancies Reform Act of 1998, as amended, 5 U.S.C. 3345 et seq., it is hereby ordered that:
(a) Subject to the provisions of section 2 of this order, the following officials of the Department of Defense, in the order listed, shall act as and perform the functions and duties of the office of the Secretary of Defense (Secretary) during any period in which the Secretary has died, resigned, or otherwise become unable to perform the functions and duties of the office of the Secretary, until such time as the Secretary is able to perform the functions and duties of that office:
(1) Deputy Secretary of Defense;
(2) Secretary of the Army;
(3) Secretary of the Navy;
(4) Secretary of the Air Force;
(5) Under Secretary of Defense for Acquisition, Technology, and Logistics;
(6) Under Secretary of Defense for Policy;
(7) Under Secretary of Defense (Comptroller);
(8) Under Secretary of Defense for Personnel and Readiness;
(9) Under Secretary of Defense for Intelligence;
(10) Deputy Chief Management Officer, Department of Defense;
(11) Principal Deputy Under Secretary of Defense for Acquisition, Technology, and Logistics;
(12) Principal Deputy Under Secretary of Defense for Policy;
(13) Principal Deputy Under Secretary of Defense (Comptroller);
(14) Principal Deputy Under Secretary of Defense for Personnel and Readiness;
(15) Principal Deputy Under Secretary of Defense for Intelligence;
(16) Director of Defense Research and Engineering [now Assistant Secretary of Defense for Research and Engineering];
(17) General Counsel of the Department of Defense, the Assistant Secretaries of Defense, the Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs [now Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs], the Director of Operational Test and Evaluation, the Director of Operational Energy Plans and Programs [now Assistant Secretary of Defense for Operational Energy Plans and Programs], and the Director of Cost Assessment and Program Evaluation;
(18) Under Secretaries of the Army, the Navy, and the Air Force; and
(19) Assistant Secretaries of the Army, the Navy, and the Air Force, and General Counsels of the Army, the Navy, and the Air Force.
(b) Precedence among officers designated within the same paragraph of subsection (a) shall be determined by the order in which they have been appointed to such office. Where officers designated within the same paragraph of subsection (a) have the same appointment date, precedence shall be determined by the order in which they have taken the oath to serve in that office.
(a) No individual who is serving in an office listed in section 1 in an acting capacity, by virtue of so serving, shall act as Secretary pursuant to this order.
(b) No individual listed in section 1 shall act as Secretary unless that individual was appointed by the President, by and with the advice and consent of the Senate, and that individual is otherwise eligible to so serve under the Federal Vacancies Reform Act of 1998, as amended.
(c) Notwithstanding the provisions of this order, the President retains discretion, to the extent permitted by law, to depart from this order in designating an acting Secretary.
Barack Obama.
Ex. Ord. No. 13542, May 13, 2010, 75 F.R. 27921, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345, et seq., it is hereby ordered that:
(1) Assistant Secretary of Agriculture for Administration;
(2) Under Secretary of Agriculture for Marketing and Regulatory Programs;
(3) Under Secretary of Agriculture for Food, Nutrition, and Consumer Services;
(4) Under Secretary of Agriculture for Food Safety;
(5) Under Secretary of Agriculture for Natural Resources and Environment;
(6) Under Secretary of Agriculture for Farm and Foreign Agricultural Services;
(7) Under Secretary of Agriculture for Rural Development;
(8) Under Secretary of Agriculture for Research, Education, and Economics;
(9) General Counsel of the Department of Agriculture;
(10) Chief of Staff, Office of the Secretary;
(11) Director, Kansas City Commodity Office, Farm Service Agency;
(12) State Executive Directors of the Farm Service Agency for the States of California, Iowa, and Kansas, in order of seniority fixed by length of unbroken service as State Executive Director of that State;
(13) Regional Administrators of the Food and Nutrition Service for the Mountain Plains Regional Office (Denver, Colorado), Midwest Regional Office (Chicago, Illinois), and Western Regional Office (San Francisco, California), in order of seniority fixed by length of unbroken service as Regional Administrator of that Regional Office;
(14) Chief Financial Officer of the Department of Agriculture;
(15) Assistant Secretary of Agriculture for Civil Rights; and
(16) Assistant Secretary of Agriculture for Congressional Relations.
(b) If any two or more individuals designated in paragraphs (12) and (13) of subsection (a) were sworn in to, or commenced service in, their respective offices on the same day, precedence shall be determined by the alphabetical order of the State in which the individual serves.
(b) No individual who is serving in an office listed in section 1 shall act as Secretary unless that individual is otherwise eligible to so serve under the Federal Vacancies Reform Act of 1998.
(c) Notwithstanding the provisions of this order, the President retains discretion, to the extent permitted by law, to depart from this order in designating an acting Secretary.
Barack Obama.
Ex. Ord. No. 13557, Nov. 4, 2010, 75 F.R. 68679, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., it is hereby ordered that:
(a) United States Attorney for the Eastern District of Virginia;
(b) United States Attorney for the District of Minnesota; and
(c) United States Attorney for the District of Arizona.
(b) No individual listed in section 1 shall act as Attorney General unless that individual is otherwise eligible to so serve under the Federal Vacancies Reform Act of 1998.
(c) Notwithstanding the provisions of this order, the President retains discretion, to the extent permitted by law, to depart from this order in designating an acting Attorney General.
Barack Obama.
Memorandum of President of the United States, Nov. 26, 2002, 67 F.R. 79513, which provided for an order of succession within the Federal Emergency Management Agency, terminated upon the transfer of the authorities, functions, personnel, and assets of the Federal Emergency Management Agency to the Department of Homeland Security.
Memorandum of President of the United States, Feb. 12, 2003, 68 F.R. 10141, provided:
Memorandum for the Secretary of Veterans Affairs
By the authority vested in me as President under the Constitution and laws of the United States of America and pursuant to the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., I hereby order that:
During any period when the Secretary of Veterans Affairs (Secretary), the Deputy Secretary of Veterans Affairs (Deputy Secretary), and the officers designated by Executive Order 13247 of December 18, 2001 [set out above], to perform the functions and duties of the office of Secretary have died, resigned, or otherwise become unable to perform the functions and duties of the office of Secretary, the following officers of the Department of Veterans Affairs, in the order listed, shall perform the functions and duties of the office of Secretary, if they are eligible to act as Secretary under the provisions of the Federal Vacancies Reform Act of 1998, until such time as at least one of the officers mentioned above is able to perform the functions and duties of the office of Secretary:
Veterans Integrated Service Network (VISN) 8 Director, Veterans Health Administration;
VISN 7 Director, Veterans Health Administration;
Veterans Benefits Administration Southern Area Director; and
North Florida/South Georgia Healthcare System Director.
(a) No individual who is serving in an office listed in section 1 in an acting capacity, by virtue of so serving, shall act as Secretary pursuant to this memorandum.
(b) Notwithstanding the provisions of this memorandum, the President retains discretion, to the extent permitted by the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., to depart from this memorandum in designating an acting Secretary.
You are authorized and directed to publish this memorandum in the Federal Register.
George W. Bush.
Memorandum of President of the United States, Mar. 11, 2003, 68 F.R. 12281, which provided for an order of succession within the Office of Personnel Management, was superseded by Memorandum of President of the United States, May 5, 2005, 70 F.R. 28773, set out below.
Memorandum of President of the United States, May 5, 2005, 70 F.R. 28773, provided:
Memorandum for the Director of the Office of Personnel Management
By the authority vested in me as President under the Constitution and laws of the United States of America and pursuant to the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., I hereby order that:
During any period when the Director of the Office of Personnel Management (Director), or the Deputy Director of the Office of Personnel Management, has died, resigned, or otherwise become unable to perform the functions and duties of the office of Director, the following officers of the Office of Personnel Management, in the order listed, shall perform the functions and duties of the office of Director, if they are eligible to act as Director under the provisions of the Federal Vacancies Reform Act of 1998, until such time as at least one of the officers mentioned above is able to perform the functions and duties of the office of Director:
General Counsel;
Chief of Staff;
Director, Office of Communications and Public Liaison;
Director, Office of Congressional Relations;
Associate Director, Human Resources Products and Services;
Associate Director for Management;
Associate Director, Strategic Human Resources Policy;
Chief Financial Officer;
Associate Director, Human Capital Leadership and Merit Systems Accountability;
Deputy Associate Director, Center for Investigations Services; and
Director, Federal Executive Institute.
(a) No individual who is serving in an office listed in section 1 in an acting capacity, by virtue of so serving, shall act as Director pursuant to this memorandum.
(b) Notwithstanding the provisions of this memorandum, the President retains discretion, to the extent permitted by the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345–3349d, to depart from this memorandum in designating an acting Director.
This memorandum supercedes the Presidential Memorandum of March 11, 2003 [formerly set out above], entitled, “Designation of Officers of the Office of Personnel Management to Act as Director of the Office of Personnel Management.”
You are authorized and directed to publish this memorandum in the Federal Register.
George W. Bush.
Memorandum of President of the United States, Dec. 8, 2006, 71 F.R. 74753, which provided a designation of officers of the Department of Justice, was superseded by Ex. Ord. No. 13481, §3, Dec. 9, 2008, 73 F.R. 75531, formerly set out above.
Memorandum of President of the United States, Feb. 9, 2007, 72 F.R. 7343, provided:
Memorandum for the Director of the Federal Bureau of Investigation
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345, et seq., it is hereby ordered that:
(a) Deputy Director of the Federal Bureau of Investigation;
(b) Associate Deputy Director of the Federal Bureau of Investigation;
(c) Executive Assistant Director of the National Security Branch;
(d) Executive Assistant Director for Criminal, Cyber, Response and Services; and
(e) The Assistant Directors of the Federal Bureau of Investigation, in the order listed:
(1) Assistant Director, Counterterrorism Division;
(2) Assistant Director, Criminal Investigative Division;
(3) Assistant Director, Counterintelligence Division;
(4) Assistant Director, Washington Field Office;
(5) Assistant Director, New York Field Office; and
(6) Assistant Director, Los Angeles Field Office.
(a) No individual who is serving in an office listed in section 1 in an acting capacity, by virtue of so serving, shall act as the Director pursuant to this memorandum.
(b) No individual shall act as Director unless that individual is otherwise eligible to so serve under the Federal Vacancies Reform Act of 1998.
(c) Notwithstanding the provisions of this memorandum, the President retains discretion, to the extent permitted by law, to depart from this memorandum in designating an acting Director.
George W. Bush.
Memorandum of President of the United States, Feb. 20, 2007, 72 F.R. 8085, provided:
Memorandum for the United States Trade Representative
By the authority vested in me as President under the Constitution and the laws of the United States of America, including the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345, et seq., it is hereby ordered that:
During any period when the United States Trade Representative (USTR) has died, resigned, or otherwise becomes unable to perform the functions and duties of the office of the United States Trade Representative, the following officers of the Office of the United States Trade Representative, in the order listed, shall perform the functions and duties of the USTR, until such time as the USTR is able to perform the functions and duties of that office;
(a) Deputy United States Trade Representatives (stationed in Washington, D.C.; in order of their length of service as a Deputy USTR);
(b) Deputy United States Trade Representative (stationed in Geneva);
(c) General Counsel;
(d) Chief Negotiator for Agriculture;
(e) Deputy General Counsel; and
(f) Deputy Chief of Mission (stationed in Geneva).
(a) No individual who is serving in an office listed in section 1 in an acting capacity, by virtue of so serving, shall act as the USTR pursuant to this memorandum.
(b) No individual shall act as USTR unless that individual is otherwise eligible to so serve under the Federal Vacancies Reform Act of 1998.
(c) Notwithstanding the provisions of this memorandum, the President retains discretion, to the extent permitted by law, to depart from this memorandum in designating an acting USTR.
George W. Bush.
Memorandum of President of the United States, Sept. 18, 2008, 73 F.R. 54487, provided:
Memorandum for the Chairman of the Council on Environmental Quality
By the authority vested in me as President by the Constitution and laws of the United States of America, including the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., it is hereby ordered that:
(a) Chief of Staff;
(b) General Counsel; and
(c) Associate Directors in the order that they shall have been appointed as such.
(a) No individual who is serving in an office listed in section 1 in an acting capacity, by virtue of so serving, shall act as the Chairman pursuant to this memorandum.
(b) No individual listed in section 1 shall act as Chairman unless that individual is otherwise eligible to so serve under the Federal Vacancies Reform Act of 1998.
(c) Notwithstanding the provisions of this memorandum, the President retains discretion, to the extent permitted by law, to depart from this order in designating an acting Chairman.
George W. Bush.
Memorandum of President of the United States, Dec. 20, 2005, 70 F.R. 76375, which provided for a designation of officers of the Office of the Director of National Intelligence to act as Director of National Intelligence, was superseded by Memorandum of President of the United States, §4, Oct. 3, 2008, 73 F.R. 58869, formerly set out below.
Memorandum of President of the United States, Oct. 3, 2008, 73 F.R. 58869, which provided for a designation of officers of the Office of the Director of National Intelligence to act as Director of National Intelligence, was revoked by Memorandum of President of the United States, §5, Mar. 8, 2011, 76 F.R. 13499, set out below.
Memorandum of President of the United States, Mar. 8, 2011, 76 F.R. 13499, provided:
Memorandum for the Director of National Intelligence
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., it is hereby ordered that:
(a) Deputy Director of National Intelligence for Intelligence Integration;
(b) Director of the National Counterterrorism Center; and
(c) National Counterintelligence Executive.
(b) No individual listed in section 1 of this memorandum shall act as the DNI unless that individual is otherwise eligible to so serve under the Federal Vacancies Reform Act of 1998.
(c) Notwithstanding the provisions of this memorandum, the President retains discretion, to the extent permitted by law, to depart from this memorandum in designating an acting DNI.
(d) In the event that the Director of the National Counterterrorism Center acts as and performs the functions and duties of the DNI pursuant to section 1 of this memorandum, that individual shall not simultaneously serve as Director of the National Counterterrorism Center during that time, in accordance with 50 U.S.C. 404o(b)(2).
Barack Obama.
Memorandum of President of the United States, Apr. 17, 2006, 71 F.R. 20333, which provided for a designation of officers of the Social Security Administration, was superseded by Memorandum of President of the United States, §3, Oct. 17, 2008, 73 F.R. 62845, set out below.
Memorandum of President of the United States, Oct. 17, 2008, 73 F.R. 62845, provided:
Memorandum for the Commissioner of Social Security
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., it is hereby ordered that:
(a) Chief of Staff;
(b) Deputy Commissioner for Operations;
(c) Deputy Commissioner for Budget, Finance and Management;
(d) Deputy Commissioner for Systems;
(e) Deputy Commissioner for Quality Performance;
(f) Regional Commissioner, Atlanta; and
(g) Regional Commissioner, Dallas.
(b) No individual listed in section 1 shall act as Commissioner unless that individual is otherwise eligible to so serve under the Federal Vacancies Reform Act of 1998.
(c) Notwithstanding the provisions of this memorandum, the President retains the discretion, to the extent permitted by law, to depart from this memorandum in designating an acting Commissioner.
George W. Bush.
Memorandum of President of the United States, Dec. 9, 2008, 73 F.R. 75533, provided:
Memorandum for the Director of the Pension Benefit Guaranty Corporation
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., it is hereby ordered that:
(a) Deputy Director for Operations;
(b) Chief Management Officer;
(c) Chief Operating Officer; and
(d) General Counsel.
(b) No individual listed in section 1 shall act as Director unless that individual is otherwise eligible to so serve under the Federal Vacancies Reform Act of 1998.
(c) Notwithstanding the provisions of this memorandum, the President retains discretion, to the extent permitted by law, to depart from this memorandum in designating an acting Director.
George W. Bush.
Memorandum of President of the United States, Dec. 9, 2008, 73 F.R. 75535, provided:
Memorandum for the Administrator of the United States Agency for International Development
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., it is hereby ordered that:
(a) Bureau for Africa;
(b) Bureau for Asia;
(c) Bureau for Democracy, Conflict, and Humanitarian Assistance;
(d) Bureau for Economic Growth, Agriculture, and Trade;
(e) Bureau for Europe and Eurasia;
(f) Bureau for Global Health;
(g) Bureau for Latin America and the Caribbean;
(h) Bureau for Legislative and Public Affairs;
(i) Bureau for Management; and
(j) Bureau for the Middle East.
(b) No individual listed in section 1 shall act as Administrator unless that individual is otherwise eligible to so serve under the Federal Vacancies Reform Act of 1998.
(c) Notwithstanding the provisions of this memorandum, the President retains discretion, to the extent permitted by law, to depart from this memorandum in designating an acting Administrator.
George W. Bush.
Memorandum of President of the United States, Jan. 16, 2009, 74 F.R. 4099, provided:
Memorandum for the Administrator of the National Aeronautics and Space Administration
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., it is hereby ordered that:
(a) Associate Administrator;
(b) Chief of Staff to the NASA Administrator;
(c) Director for Johnson Space Flight Center;
(d) Director for Kennedy Space Flight Center; and
(e) Director for Marshall Space Flight Center.
(b) No individual listed in section 1 shall act as Administrator unless that individual is otherwise eligible to so serve under the Federal Vacancies Reform Act of 1998.
(c) Notwithstanding the provisions of this memorandum, the President retains discretion, to the extent permitted by law, to depart from this memorandum in designating an acting Administrator.
George W. Bush.
Memorandum of President of the United States, Jan. 16, 2009, 74 F.R. 4101, which provided for a designation of officers to act as President of the Overseas Private Investment Corporation, was revoked by Memorandum of President of the United States, §3, June 6, 2011, 76 F.R. 33613, set out below.
Memorandum of President of the United States, June 6, 2011, 76 F.R. 33613, provided:
Memorandum for the President of the Overseas Private Investment Corporation
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq. (the “Act”), it is hereby ordered that:
(a) Executive Vice President;
(b) Vice President and General Counsel;
(c) Vice President and Chief Financial Officer;
(d) Chief of Staff;
(e) Vice President, Investment Policy;
(f) Vice President, External Affairs;
(g) Vice President, Investment Funds;
(h) Vice President, Insurance;
(i) Vice President, Structured Finance; and
(j) Vice President, Small and Medium Enterprise Finance.
(b) No individual who is serving in an office listed in section 1 of this memorandum shall act as President of OPIC unless that individual is otherwise eligible to so serve under the Act.
(c) Notwithstanding the provisions of this memorandum, the President retains discretion, to the extent permitted by law, to depart from this memorandum in designating an acting President of OPIC.
Barack Obama.
Memorandum of President of the United States, Aug. 5, 2009, 74 F.R. 39871, provided:
Memorandum for the Director of the Office of Science and Technology Policy
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., it is hereby ordered that:
(a) Associate Director (National Security and International Affairs);
(b) Associate Director (Technology);
(c) Associate Director (Science); and
(d) Associate Director (Environment).
(a) No individual who is serving in an office listed in section 1 in an acting capacity, by virtue of so serving, shall act as Director pursuant to this memorandum.
(b) No individual listed in section 1 shall act as Director unless that individual is otherwise eligible to so serve under the Federal Vacancies Reform Act of 1998.
(c) Notwithstanding the provisions of this memorandum, the President retains the discretion, to the extent permitted by law, to depart from this memorandum in designating an acting Director.
Barack Obama.
Memorandum of President of the United States, Aug. 31, 2009, 74 F.R. 45533, provided:
Memorandum for the Commissioner of the United States Section, International Boundary and Water Commission, United States and Mexico
By the authority vested in me as President by the Constitution and laws of the United States of America, it is hereby ordered that:
(a) United States Section Principal Engineer—Operations Department; and
(b) United States Section Principal Engineer—Engineering Department.
(a) No individual who is serving in an office listed in section 1 in an acting capacity, by virtue of so serving, shall act as Commissioner pursuant to this memorandum.
(b) Notwithstanding the provisions of this memorandum, the President retains discretion, to the extent permitted by law, to depart from this memorandum in designating an acting Commissioner.
Barack Obama.
(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.)
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.
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.
(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.
(Added Pub. L. 105–277, div. C, title I, §151(b), Oct. 21, 1998, 112 Stat. 2681–613; amended Pub. L. 106–31, title V, §5011, May 21, 1999, 113 Stat. 112; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814.)
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, §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.
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)”.
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.
(a) In this section—
(1) the term “action” includes any agency action as defined under section 551(13); and
(2) the term “function or duty” means any function or duty of the applicable office that—
(A)(i) is established by statute; and
(ii) is required by statute to be performed by the applicable officer (and only that officer); or
(B)(i)(I) is established by regulation; and
(II) is required by such regulation to be performed by the applicable officer (and only that officer); and
(ii) includes a function or duty to which clause (i)(I) and (II) applies, and the applicable regulation is in effect at any time during the 180-day period preceding the date on which the vacancy occurs.
(b) Unless an officer or employee is performing the functions and duties in accordance with sections 3345, 3346, and 3347, if an officer of an Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate, dies, resigns, or is otherwise unable to perform the functions and duties of the office—
(1) the office shall remain vacant; and
(2) in the case of an office other than the office of the head of an Executive agency (including the Executive Office of the President, and other than the Government Accountability Office), only the head of such Executive agency may perform any function or duty of such office.
(c) If the last day of any 210-day period under section 3346 is a day on which the Senate is not in session, the second day the Senate is next in session and receiving nominations shall be deemed to be the last day of such period.
(d)(1) An action taken by any person who is not acting under section 3345, 3346, or 3347, or as provided by subsection (b), in the performance of any function or duty of a vacant office to which this section and sections 3346, 3347, 3349, 3349a, 3349b, and 3349c apply shall have no force or effect.
(2) An action that has no force or effect under paragraph (1) may not be ratified.
(e) This section shall not apply to—
(1) the General Counsel of the National Labor Relations Board;
(2) the General Counsel of the Federal Labor Relations Authority;
(3) any Inspector General appointed by the President, by and with the advice and consent of the Senate;
(4) any Chief Financial Officer appointed by the President, by and with the advice and consent of the Senate; or
(5) an office of an Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) if a statutory provision expressly prohibits the head of the Executive agency from performing the functions and duties of such office.
(Added Pub. L. 105–277, div. C, title I, §151(b), Oct. 21, 1998, 112 Stat. 2681–613; amended Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814.)
A prior section 3348, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 426; Pub. L. 100–398, §7(b), Aug. 17, 1988, 102 Stat. 988, provided for time limitations relating to details, 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 3346 of this title.
2004—Subsec. (b). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in two places.
Subsec. (e)(5). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
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.
(a) The head of each Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) shall submit to the Comptroller General of the United States and to each House of Congress—
(1) notification of a vacancy in an office to which this section and sections 3345, 3346, 3347, 3348, 3349a, 3349b, 3349c, and 3349d apply and the date such vacancy occurred immediately upon the occurrence of the vacancy;
(2) the name of any person serving in an acting capacity and the date such service began immediately upon the designation;
(3) the name of any person nominated to the Senate to fill the vacancy and the date such nomination is submitted immediately upon the submission of the nomination; and
(4) the date of a rejection, withdrawal, or return of any nomination immediately upon such rejection, withdrawal, or return.
(b) If the Comptroller General of the United States makes a determination that an officer is serving longer than the 210-day period including the applicable exceptions to such period under section 3346 or section 3349a, the Comptroller General shall report such determination immediately to—
(1) the Committee on Governmental Affairs of the Senate;
(2) the Committee on Government Reform and Oversight of the House of Representatives;
(3) the Committees on Appropriations of the Senate and House of Representatives;
(4) the appropriate committees of jurisdiction of the Senate and House of Representatives;
(5) the President; and
(6) the Office of Personnel Management.
(Added Pub. L. 105–277, div. C, title I, §151(b), Oct. 21, 1998, 112 Stat. 2681–614; amended Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814.)
A prior section 3349, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 426, provided for restrictions relating to details to fill vacancies, 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 3347 of this title.
2004—Subsec. (a). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in introductory provisions.
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
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.
(a) In this section, the term “transitional inauguration day” means the date on which any person swears or affirms the oath of office as President, if such person is not the President on the date preceding the date of swearing or affirming such oath of office.
(b) With respect to any vacancy that exists during the 60-day period beginning on a transitional inauguration day, the 210-day period under section 3346 or 3348 shall be deemed to begin on the later of the date occurring—
(1) 90 days after such transitional inauguration day; or
(2) 90 days after the date on which the vacancy occurs.
(Added Pub. L. 105–277, div. C, title I, §151(b), Oct. 21, 1998, 112 Stat. 2681–615.)
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.
Sections 3345 through 3349a shall not be construed to affect any statute that authorizes a person to continue to serve in any office—
(1) after the expiration of the term for which such person is appointed; and
(2) until a successor is appointed or a specified period of time has expired.
(Added Pub. L. 105–277, div. C, title I, §151(b), Oct. 21, 1998, 112 Stat. 2681–615.)
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.
Sections 3345 through 3349b shall not apply to—
(1) any member who is appointed by the President, by and with the advice and consent of the Senate to any board, commission, or similar entity that—
(A) is composed of multiple members; and
(B) governs an independent establishment or Government corporation;
(2) any commissioner of the Federal Energy Regulatory Commission;
(3) any member of the Surface Transportation Board; or
(4) any judge appointed by the President, by and with the advice and consent of the Senate, to a court constituted under article I of the United States Constitution.
(Added Pub. L. 105–277, div. C, title I, §151(b), Oct. 21, 1998, 112 Stat. 2681–615.)
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.
(a) The submission to the Senate, during a recess or adjournment of the Senate in excess of 15 days, of a written notification by the President of the President's intention to submit a nomination after the recess or adjournment shall be considered a nomination for purposes of sections 3345 through 3349c if such notification contains the name of the proposed nominee and the office for which the person is nominated.
(b) If the President does not submit a nomination of the person named under subsection (a) within 2 days after the end of such recess or adjournment, effective after such second day the notification considered a nomination under subsection (a) shall be treated as a withdrawn nomination for purposes of sections 3345 through 3349c.
(Added Pub. L. 105–277, div. C, title I, §151(b), Oct. 21, 1998, 112 Stat. 2681–615.)
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.