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5 U.S.C. § 3348 — Vacant office
Federal law — U.S. Code and appendices · legal_authorities
**(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 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 b
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Source file: Laws/federal/codes/united-states-code/title-5/section-3348-vacant-office--7cee332965.md
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Source location: Title 5, Chapter 33, § 3348; chapter-033-examination-selection-and-placement.md
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**(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 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 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 Government Accountability Office) if a statutory provision expressly prohibits the head of the Executive agency from performing the functions and duties of such office.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** 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 first assistant to the office of such officer shall perform the functions and duties of the office temporarily in an acting capacity subject to the time limitations of section 3346;
(2) notwithstanding paragraph (1), the President (and only the President) may direct a person who serves in an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate, to perform the functions and duties of the vacant office temporarily in an acting capacity subject to the time limitations of section 3346; or
(3) notwithstanding paragraph (1), the President (and only the President) may direct an officer or employee of such Executive agency to perform the functions and duties of the vacant office temporarily in an acting capacity, subject to the time limitations of section 3346, if—
(A) during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the applicable officer, the officer or employee served in a position in such agency for not less than 90 days; and
(B) the rate of pay for the position described under subparagraph (A) is equal to or greater than the minimum rate of pay payable for a position at GS–15 of the General Schedule.
**(b)**
(1) Notwithstanding subsection (a)(1), a person may not serve as an acting officer for an office under this section, if—
(A) during the 365-day period preceding the date of the
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except in the case of a vacancy caused by sickness, the person serving as an acting officer as described under section 3345 may serve in the office—
(1) for no longer than 210 days beginning on the date the vacancy occurs; or
(2) subject to subsection (b), once a first or second nomination for the office is submitted to the Senate, from the date of such nomination for the period that the nomination is pending in the Senate.
**(b)**
(1) If the first nomination for the office is rejected by the Senate, withdrawn, or returned to the President by the Senate, the person may continue to serve as the acting officer for no more than 210 days after the date of such rejection, withdrawal, or return.
(2) Notwithstanding paragraph (1), if a second nomination for the office is submitted to the Senate after the rejection, withdrawal, or return of the first nomination, the person serving as the acting officer may continue to serve—
(A) until the second nomination is confirmed; or
(B) for no more than 210 days after the second nomination is rejected, withdrawn, or returned.
**(c)** If a vacancy occurs during an adjournment of the Congress sine die, the 210-day period under subsection (a) shall begin on the date that the Senate first reconvenes.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3346
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Federal law — U.S. Code and appendices · legal_authorities
Page 423
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 3348
President of the United States, § 3, Dec. 23, 2016, 81 F.R.
96337.
Memorandum of President of the United States, Oct.
17, 2008, 73 F.R. 62845, revoked by Memorandum of
President of the United States, § 3, Oct. 17, 2014, 79 F.R.
63805.
Memorandum of President of the United States, Apr.
17, 2006, 71 F.R. 20333, superseded by Memorandum of
President of the United States, § 3, Oct. 17, 2008, 73 F.R.
62845.
UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
Memorandum of President of the United States, Dec.
9, 2008, 73 F.R. 75535.
UNITED STATES SECTION, INTERNATIONAL BOUNDARY AND
WATER COMMISSION, UNITED STATES AND MEXICO
Memorandum of President of the United States, Aug.
31, 2009, 74 F.R. 45533.
UNITED STATES INTERNATIONAL DEVELOPMENT FINANCE
CORPORATION
Memorandum of President of the United States, Jan.
8, 2021, 86 F.R. 2949.
§ 3346. Time limitation
(a) Except in the case of a vacancy caused by
sickness, the person serving as an acting officer
as described under section 3345 may serve in the
office—
(1) for no longer than 210 days beginning on
the date the vacancy occurs; or
(2) subject to subsection (b), once a first or
second nomination for the office is submitted
to the Senate, from the date of such nomina-
tion for the period that the nomination is
pending in the Senate.
(b)(1) If the first nomination for the office is
rejected by the Senate, withdrawn, or returned
to the President by the Senate, the person may
continue to serve as the acting officer for no
more than 210 days after the date of such rejec-
tion, withdrawal, or return.
(2) Notwithstanding paragraph (1), if a second
nomination for the office is submitted to the
Senate after the rejection, withdrawal, or ret
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 3348
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