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Title 5, Government Organization and EmployeesRelease 119-102

§3346 Time Limitation

Title 5 › PART III — EMPLOYEES › Subpart B — Employment and Retention › CHAPTER 33 — EXAMINATION, SELECTION, AND PLACEMENT › SUBCHAPTER III — DETAILS, VACANCIES, AND APPOINTMENTS › § 3346

Last updated Aug 21, 2026|Official source

Summary

Limits how long a person can act in a vacant federal job, except if the vacancy is caused by sickness. The acting person can serve up to 210 days from the vacancy. If a nomination is sent to the Senate, the acting person can keep serving while that nomination is pending. If the first nomination fails, they may serve up to 210 more days. If a second nomination is sent, they may serve until it is confirmed or for up to 210 days after a second failure. If the vacancy happens while Congress is in a sine die adjournment, the 210‑day clock starts when the Senate first reconvenes.

Full Legal Text

Title 5, §3346

Government Organization and Employees, Source: USLM XML via OLRC

(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(b)(1)If the first nomination for the office is rejected by the Senate, withdrawn, or returned to the President by the Senate, the person may continue to serve as the acting officer for no more than 210 days after the date of such rejection,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(B)for no more than 210 days after the second nomination is rejected, withdrawn, or returned.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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 3346, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 426, provided for details to subordinate offices, 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 3345 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 30 days after Oct. 21, 1998, and applicable to any office that becomes vacant after such

Effective Date

, with certain exceptions, see section 151(d) of Pub. L. 105–277, set out as a note under section 3345 of this title.

Reference

Citations & Metadata

Citation

5 U.S.C. § 3346

Title 5, Government Organization and Employees

Last Updated

Aug 21, 2026

Release point: 119-102