Page:United States Statutes at Large Volume 112 Part 4.djvu/642

 112 STAT. 2681-613 PUBLIC LAW 105-277—OCT. 21, 1998 "(B) for no more than 210 days after the second nomination is rejected, withdrawn, or returned.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. "§ 3347. Exclusivity "(a) Sections 3345 and 3346 are the exclusive means for temporarily authorizing an acting official to perform the functions and duties of any office of an Executive agency (including the Executive Office of the President, and other than the General Accounting Office) for which appointment is required to be made by the President, by and with the advice and consent of the Senate, unless— "(1) a statutory provision expressly— "(A) authorizes the President, a court, or the head of an Executive department, to designate an officer or employee to perform the functions and duties of a specified office temporarily in an acting capacity; or "(B) designates an officer or employee to perform the functions and duties of a specified office temporarily in an acting capacity; or "(2) the President makes an appointment to fill a vacancy in such office during the recess of the Senate pursuant to clause 3 of section 2 of article II of the United States Constitution. "(b) Any statutory provision providing general authority to the head of an Executive agency (including the Executive Office of the President, and other than the General Accounting Office) to delegate duties statutorily vested in that agency head to, or to reassign duties among, officers or employees of such Executive agency, is not a statutory provision to which subsection (a)(2) applies. "§ 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' meems 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—

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