Page:United States Statutes at Large Volume 112 Part 4.djvu/643

 PUBLIC LAW 105-277—OCT. 21, 1998 112 STAT. 2681-614 "(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 thgin 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. '*§ 3349. Reporting of vacancies "(a) The head of each Executive agency (including the Executive Office of the President, and other than the General Accounting Office) shall submit to the Comptroller General of the United States and to each House of Congress— "(1) notification of a vacancy in an office to which this section and sections 3345, 3346, 3347, 3348, 3349a, 3349b, 3349c, and 3349d apply and the date such vacancy occurred immediately upon the occurrence of the vacancy; "(2) the name of any person serving in an acting capacity and the date such service began immediately upon the designation; "(3) the name of any person nominated to the Senate to fill the vacancy and the date such nomination is submitted immediately upon the submission of the nomination; and "(4) the date of a rejection, withdrawal, or return of any nomination immediately upon such rejection, withdrawal, or return. "(b) If the Comptroller General of the United States makes a determination that an officer is serving longer than the 210- day period including the applicable exceptions to such period under section 3346 or section 3349a, the Comptroller General shall report such determination immediately to— "(1) the Committee on Governmental Affairs of the Senate;

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