5 U.S. Code § 3348 - Vacant office
(a) In this section—
(2) the term “function or duty” means any function or duty of the applicable office that—
(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—
(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.
(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.
(e) This section shall not apply to—
(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
Source(Added Pub. L. 105–277, div. C, title I, § 151(b),Oct. 21, 1998, 112 Stat. 2681–613; amended Pub. L. 108–271, § 8(b),July 7, 2004, 118 Stat. 814.)
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.
2004—Subsec. (b). Pub. L. 108–271substituted “Government Accountability Office” for “General Accounting Office” in two places.
Subsec. (e)(5). Pub. L. 108–271substituted “Government Accountability Office” for “General Accounting Office”.