§3348 Vacant Office

Summary

When a high-level job that must be filled by the President with Senate approval becomes vacant because the person dies, quits, or can’t do the work, the job stays empty unless someone is serving under the special temporary appointment rules in sections 3345–3347. If the vacant job is not the head of the agency, only that agency’s head may carry out the job’s duties. This rule covers offices in Executive agencies (including the Executive Office of the President) but not the Government Accountability Office. Definitions: "action" means an agency action; "function or duty" means work set by law or by a regulation (including a regulation that was in effect within the 180-day period before the vacancy). Any act done by a person who is not serving under the temporary rules or as allowed above is void and cannot be approved later. 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 receiving nominations counts as that last day. Exceptions include 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, and any office where a law says the agency head cannot do that office’s duties.