§3348 — Title 5 Government Organization and Employees | U.S. Code

Summary

When a job that must be filled by the President with Senate approval becomes vacant and no one is serving under the temporary appointment rules (sections 3345–3347), the office stays empty. If the vacant job is not the agency head, only the agency head may do that job’s duties. An “action” means any official agency action. A “function or duty” means duties set by law or by a regulation that say only that officer must do them; a duty set by regulation counts if the rule was in effect at any time in the 180 days before the vacancy. If the last day of any 210-day period under section 3346 falls when the Senate is not in session, the second day the Senate next meets and is taking nominations counts as the last day. Any act done by someone not authorized under the temporary rules or this rule for covered vacant offices has no legal effect and cannot be fixed later. The rule does not apply to the NLRB General Counsel, the FLRA General Counsel, Presidentially appointed Inspectors General or Chief Financial Officers confirmed by the Senate, or to an office where law forbids the agency head from doing the job.

Title 5, §3348

Government Organization and Employees — Source: USLM XML via OLRC

(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 section 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 section 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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

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.

Amendments

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”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 30 days after Oct. 21, 1998, and applicable to any office that becomes vacant after such

Effective Date

, with certain exceptions, see section 151(d) of Pub. L. 105–277, set out as a note under section 3345 of this title.

§3348 Vacant Office

Summary

Title 5, §3348

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata