National Labor Relations Board v. SW General
. The Supreme Court in National Labor Relations Board v. SW General found actions of the officer in non-compliance with the statute null from the beginning.
If an individual who is neither the agency head or acting in accordance with the act performs non-delegable duties, those actions have no force and effect and may not be ratified. However, the Vacancies Act does not provide a mechanism for removing officers who continue to act in violation of the statutorily authorized period.
The head of the Government Accountability Office (GAO), the Comptroller General, is required to track vacancies and time keep on acting service and must notify Congress and the President upon a determination that an acting official has served longer than the allowable period. GAO also issues decisions on agency compliance with the Vacancies Act when requested by Congress. A list and substance of these decisions can be found on the GAO website.
