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Title 5 — Government Organization and EmployeesRelease 119-73not60

§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 Apr 3, 2026|Official source

Summary

Agency heads must tell the Comptroller General and both Houses of Congress right away when certain covered offices become vacant or change who is serving. This rule covers offices named by this law and eight related sections. They must report the date a vacancy happens, who is serving in an acting role and when they started, who is nominated to the Senate and when that nomination was sent, and when a nomination is rejected, withdrawn, or returned. If the Comptroller General finds someone has been acting for more than 210 days (with exceptions under sections 3346 or 3349a), the Comptroller General must immediately notify the Senate Committee on Governmental Affairs, the House Committee on Government Reform and Oversight, the Appropriations Committees of both Houses, 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.

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

Apr 3, 2026

Release point: 119-73not60