§3348 Vacant office

Summary

If a President-appointed officer who needs Senate approval dies, quits, or cannot do the job, the office stays empty unless someone is legally serving under sections 3345–3347. The word "action" means an agency action as in section 551(13). The phrase "function or duty" means a job set by law or regulation that only that officer must do, including duties under a regulation that was in effect during the 180-day period before the vacancy. If the office is not the agency head, only the agency head may carry out its duties unless someone is properly acting under the named rules. If the last day of any 210-day period under section 3346 falls while the Senate is not in session, the second day the Senate next meets and is taking nominations counts as the last day. Any work done by someone who is not authorized under sections 3345–3347 or the rule above has no legal effect and cannot be approved later. This rule does not apply to the General Counsel of the National Labor Relations Board, the General Counsel of the Federal Labor Relations Authority, Inspectors General appointed by the President with Senate approval, Chief Financial Officers appointed by the President with Senate approval, or to any office where a law expressly forbids the agency head from doing that office’s work.