---
kind: "section"
citation: "5 U.S.C. § 3346"
title: "5"
title_heading: "Government Organization and Employees"
number: "3346"
heading: "Time limitation"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/3346"
units:
  - "Part III — Employees"
  - "Subpart B — Employment and Retention"
  - "Chapter 33 — Examination, Selection, and Placement"
  - "Subchapter III — Details, Vacancies, and Appointments"
---

# §3346. Time limitation

- (a) Except in the case of a vacancy caused by sickness, the [person](/usc/5/7103.md?p=a-1) serving as an acting officer as described under [section 3345](/usc/5/3345.md) may serve in the [office](/usc/5/5402.md?p=3)—
  - (1) for no longer than 210 days beginning on the date the vacancy occurs; or
  - (2) subject to [subsection (b)](#b), once a first or second nomination for the [office](/usc/5/5402.md?p=3) 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  - (1) If the first nomination for the [office](/usc/5/5402.md?p=3) is rejected by the Senate, withdrawn, or returned to the President by the Senate, the [person](/usc/5/7103.md?p=a-1) may continue to serve as the acting officer for no more than 210 days after the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)](#b-1), if a second nomination for the [office](/usc/5/5402.md?p=3) is submitted to the Senate after the rejection, withdrawal, or return of the first nomination, the [person](/usc/5/7103.md?p=a-1) 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    - (B) for no more than 210 days after the second nomination is rejected, withdrawn, or returned.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)](#a) shall begin on the date that the Senate first reconvenes.

## Source credit

(Added Pub. L. 105–277, div. C, title I, § 151(b), Oct. 21, 1998, 112 Stat. 2681–612.)

## Notes

### 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.