
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC3348]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart B--Employment and Retention
 
            CHAPTER 33--EXAMINATION, SELECTION, AND PLACEMENT
 
          SUBCHAPTER III--DETAILS, VACANCIES, AND APPOINTMENTS
 
Sec. 3348. Vacant office

    (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 sections 3345, 3346, and 3347, if an officer 
of an Executive agency (including the Executive Office of the President, 
and other than the General Accounting 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 General Accounting 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 sections 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 General Accounting 
    Office) if a statutory provision expressly prohibits the head of the 
    Executive agency from performing the functions and duties of such 
    office.

(Added Pub. L. 105-277, div. C, title I, Sec. 151(b), Oct. 21, 1998, 112 
Stat. 2681-613.)


                            Prior Provisions

    A prior section 3348, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 426; 
Pub. L. 100-398, Sec. 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, Sec. 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.


                             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.

                  Section Referred to in Other Sections

    This section is referred to in sections 3345, 3349, 3349a, 3349b, 
3349c, 3349d of this title.
