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Title 5, Government Organization and EmployeesRelease 119-110

§3349 Reporting of Vacancies

Title 5 › PART III — EMPLOYEES › Subpart B — Employment and Retention › CHAPTER 33 — EXAMINATION, SELECTION, AND PLACEMENT › SUBCHAPTER III — DETAILS, VACANCIES, AND APPOINTMENTS › § 3349

Last updated Sep 23, 2026|Official source

Summary

Heads of executive agencies, including the Executive Office of the President but not the Government Accountability Office, must tell the Comptroller General and both Houses of Congress right away about vacancies in offices covered by this section and sections 3345, 3346, 3347, 3348, 3349a, 3349b, 3349c, and 3349d. They must report when the vacancy happened, who is serving as an acting official and when that started, who is nominated to the Senate and when the nomination was sent, and when a nomination is rejected, withdrawn, or returned. If the Comptroller General finds an officer has served longer than the 210-day limit (including the exceptions in section 3346 or 3349a), the Comptroller General must immediately report that finding to the Senate Committee on Governmental Affairs; the House Committee on Government Reform and Oversight; the Senate and House Appropriations Committees; the congressional committees with jurisdiction; the President; and the Office of Personnel Management.

Full Legal Text

Title 5, §3349

Government Organization and Employees, Source: USLM XML via OLRC

(a)The head of each Executive agency (including the Executive Office of the President, and other than the Government Accountability 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 section 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;
(2)the Committee on Government Reform and Oversight of the House of Representatives;
(3)the Committees on Appropriations of the Senate and House of Representatives;
(4)the appropriate committees of jurisdiction of the Senate and House of Representatives;
(5)the President; and
(6)the Office of Personnel Management.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 3349, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 426, provided for restrictions relating to details to fill vacancies, 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 3347 of this title.

Amendments

2004—Subsec. (a). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in introductory provisions.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004. Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. Committee on Oversight and Accountability of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 5, One Hundred Nineteenth Congress, Jan. 3, 2025.

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. § 3349

Title 5, Government Organization and Employees

Last Updated

Sep 23, 2026

Release point: 119-110