Page:United States Statutes at Large Volume 80 Part 1.djvu/462

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PUBLIC LAW 89-554-SEPT. 6, 1966

[80 STAT.

§ 3346. Details; to subordinate offices When an officer of a bureau of an Executive department or military department, whose appointment is not vested in the head of the department, dies, resigns, or is sick or absent, his first assistant, unless otherwise directed by the President under section 3347 of this title, shall perform the duties of the office until a successor is appointed or the absence or sickness stops. § 3347. Details; Presidential authority Instead of a detail under section 3345 or 3346 of this title, the President may direct the head of another Executive department or military department or another officer of an Executive department or military department, whose appointment is vested in the President, by and with the advice and consent of the Senate, to perform the duties of the office until a successor is appointed or the absence or sickness stops. This section does not apply to a vacancy in the office of Attorney General. § 3348. Details; limited in time A vacancy caused by death or resignation may be filled temporarily under section 3345,3346, or 3347 of this title for not more than 30 days. §3349. Details; to fill vacancies; restrictions A temporary appointment, designation, or assignment of one officer to perform the duties of another under section 3345 or 3346 of this title may not be made otherwise than as provided by those sections, except to fill a vacancy occurring during a recess of the Senate. SUBCHAPTER IV—TRANSFERS §3351. Preference eligibles; transfer; physical qualifications; waiver I n determining qualifications of a preference eligible for transfer to another position in the competitive service, an Executive agency, or the government of the District of Columbia, the Civil Service Commission or other examining agency shall waive— (1) requirements as to age, height, and weight, unless the requirement is essential to the performance of the duties of the position; and (2) physical requirements if, in the opinion of the Commission or other examining agency, after considering the recommendation of an accredited physician, the preference eligible is physically able to perform efficiently the duties of the position. This section does not apply to an appointment required by Congress to be confirmed by, or made with the advice and consent of. the Senate, except an appointment made under section 3311 of title 39. SUBCHAPTER V—PROMOTION § 3361. Promotion; competitive service; examination A n individual may be promoted in the competitive service only if he has passed an examination or is specifically excepted from exammation under section 3302 of this title. This section does not take from the President any authority conferred by section 3301 of this title that is consistent with the provisions of this title governing the competitive service. § 3362. Promotion; effect of incentive award An agency, in qualifying and selecting an employee for promotion, shall give due weight to an incentive award under chapter 45 of this

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