---
kind: "section"
citation: "5 U.S.C. § 3348"
title: "5"
title_heading: "Government Organization and Employees"
number: "3348"
heading: "Vacant office"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/3348"
units:
  - "Part III — Employees"
  - "Subpart B — Employment and Retention"
  - "Chapter 33 — Examination, Selection, and Placement"
  - "Subchapter III — Details, Vacancies, and Appointments"
---

# §3348. Vacant office

- (a) In this section—
  - (1) the term “action” includes any [agency](/usc/5/3132.md?p=a-1) action as defined under [section 551(13)](/usc/5/551.md?p=13); and
  - (2) the term “function or duty” means any function or duty of the applicable [office](/usc/5/5402.md?p=3) that—
    - (A)
      - (i) is established by statute; and
      - (ii) is required by statute to be performed by the applicable officer (and only that officer); or
    - (B)
      - (i)
        - (I) is established by regulation; and
        - (II) is required by such regulation to be performed by the applicable officer (and only that officer); and
      - (ii) includes a function or duty to which clause [(i)(I)](#a-2-B-i-I) and (II) applies, and the applicable regulation is in effect at any time during the 180-day period preceding the date on which the vacancy occurs.
- (b) Unless an officer or [employee](/usc/5/4701.md?p=a-2) is performing the functions and duties in accordance with sections [3345](/usc/5/3345.md), [3346](/usc/5/3346.md), and [3347](/usc/5/3347.md), if an officer of an [Executive agency](/usc/5/6501.md?p=2) (including the Executive [Office](/usc/5/5402.md?p=3) of the President, and other than the [Government](/usc/5/4101.md?p=3) Accountability [Office](/usc/5/5402.md?p=3)) whose appointment to [office](/usc/5/5402.md?p=3) is required to be made by the President, by and with the advice and consent of the Senate, dies, resigns, or is otherwise unable to perform the functions and duties of the [office](/usc/5/5402.md?p=3)—
  - (1) the [office](/usc/5/5402.md?p=3) shall remain vacant; and
  - (2) in the case of an [office](/usc/5/5402.md?p=3) other than the [office](/usc/5/5402.md?p=3) of the head of an [Executive agency](/usc/5/6501.md?p=2) (including the Executive [Office](/usc/5/5402.md?p=3) of the President, and other than the [Government](/usc/5/4101.md?p=3) Accountability [Office](/usc/5/5402.md?p=3)), only the head of such [Executive agency](/usc/5/6501.md?p=2) may perform any function or duty of such [office](/usc/5/5402.md?p=3).
- (c) If the last day of any 210-day period under [section 3346](/usc/5/3346.md) is a day on which the Senate is not in session, the second day the Senate is next in session and receiving nominations shall be deemed to be the last day of such period.
- (d)
  - (1) An action taken by any [person](/usc/5/7103.md?p=a-1) who is not acting under section [3345](/usc/5/3345.md), [3346](/usc/5/3346.md), or [3347](/usc/5/3347.md), or as provided by [subsection (b)](#b), in the performance of any function or duty of a vacant [office](/usc/5/5402.md?p=3) to which this section and sections [3346](/usc/5/3346.md), [3347](/usc/5/3347.md), [3349](/usc/5/3349.md), [3349a](/usc/5/3349a.md), [3349b](/usc/5/3349b.md), and [3349c](/usc/5/3349c.md) apply shall have no force or effect.
  - (2) An action that has no force or effect under [paragraph (1)](#d-1) may not be ratified.
- (e) This section shall not apply to—
  - (1) the General Counsel of the National Labor Relations [Board](/usc/5/8401.md?p=5);
  - (2) the General Counsel of the Federal Labor Relations [Authority](/usc/5/7103.md?p=a-6);
  - (3) any Inspector General appointed by the President, by and with the advice and consent of the Senate;
  - (4) any Chief Financial Officer appointed by the President, by and with the advice and consent of the Senate; or
  - (5) an [office](/usc/5/5402.md?p=3) of an [Executive agency](/usc/5/6501.md?p=2) (including the Executive [Office](/usc/5/5402.md?p=3) of the President, and other than the [Government](/usc/5/4101.md?p=3) Accountability [Office](/usc/5/5402.md?p=3)) if a statutory provision expressly prohibits the head of the [Executive agency](/usc/5/6501.md?p=2) from performing the functions and duties of such [office](/usc/5/5402.md?p=3).

## Source credit

(Added Pub. L. 105–277, div. C, title I, § 151(b), Oct. 21, 1998, 112 Stat. 2681–613; amended Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 3348, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 426; Pub. L. 100–398, § 7(b), Aug. 17, 1988, 102 Stat. 988, provided for time limitations relating to details, 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 3346 of this title.

### Amendments

2004—Subsec. (b). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in two places.

Subsec. (e)(5). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.

### 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.