5 U.S.C. § 3349b

Holdover provisions

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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.)Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions

Cited in 2 cases, 1999–1999 · leading case: Inapplicability of the Fed. Vacancies Reform Act's Reporting Requirements When PAS Officers Serve Under Statutory Holdover Provisions (OLC 1999).

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Inapplicability of the Fed. Vacancies Reform Act's Reporting Requirements When PAS Officers Serve Under Statutory Holdover Provisions (OLC 1999). “5 U.S.C. § 3349b (Supp. IV 1998). As a result, we believe that there is no vacancy to be reported under the Act when a PAS officer continues service under a hold over provision.”

Guidance on Application of Fed. Vacancies Reform Act of 1998 (OLC 1999). “” 5 U.S.C. § 3349b. The Act makes clear, however, that an agency’s organic statute does not provide authoriza tion for filling PAS positions on a temporary basis.”

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