U.S. Code » Title 5 » PART III— EMPLOYEES › Subpart B— Employment and Retention › CHAPTER 33— EXAMINATION, SELECTION, AND PLACEMENT › SUBCHAPTER III— DETAILS, VACANCIES, AND APPOINTMENTS

5 U.S.C. § 3347

Exclusivity

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(a) Sections 3345 and 3346 are the exclusive means for temporarily authorizing an acting official to perform the functions and duties of any office of an Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) for which appointment is required to be made by the President, by and with the advice and consent of the Senate, unless—(1) a statutory provision expressly—(A) authorizes the President, a court, or the head of an Executive department, to designate an officer or employee to perform the functions and duties of a specified office temporarily in an acting capacity; or(B) designates an officer or employee to perform the functions and duties of a specified office temporarily in an acting capacity; or(2) the President makes an appointment to fill a vacancy in such office during the recess of the Senate pursuant to clause 3 of section 2 of article II of the United States Constitution.(b) Any statutory provision providing general authority to the head of an Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) to delegate duties statutorily vested in that agency head to, or to reassign duties among, officers or employees of such Executive agency, is not a statutory provision to which subsection (a)(1) applies.(Added Pub. L. 105–277, div. C, title I, § 151(b), Oct. 21, 1998, 112 Stat. 2681–613; amended Pub. L. 106–31, title V, § 5011, May 21, 1999, 113 Stat. 112; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)Editorial NotesPrior Provisions

A prior section 3347, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 426, provided for Presidential authority 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 3345 of this title.

Amendments

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

1999—Subsec. (b). Pub. L. 106–31 substituted “subsection (a)(1)” for “subsection (a)(2)”.

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions
Cited in 57 cases (19 in the last 5 years), 1979–2026 · leading case: Guedes v. Bureau of Alcohol, Tobacco, Firearms, & Explosives, 356 F. Supp. 3d 109 (D.C. Cir. 2019).
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Guedes v. Bureau of Alcohol, Tobacco, Firearms, & Explosives, 356 F. Supp. 3d 109 (D.C. Cir. 2019). · cites it 9× “5 U.S.C. § 3347 (1994) (providing that the President's authority to designate acting officials under the FVRA "d[id] not apply to a vacancy in the office of the Attorney General").”
Guedes v. Bureau of Alcohol, Tobacco, Firearms, 920 F.3d 1 (D.C. Cir. 2019). “5 U.S.C. § 3347 (a). But there is an "unless"-Congress crafted exceptions to that exclusivity.”
In re Grand Jury Investigation, 315 F. Supp. 3d 602 (D.C. Cir. 2018). · cites it 3× “at 935 ; see also 5 U.S.C. § 3347 (a)(1)(B) (recognizing that a statute "designat[ing] an officer or employee to perform the functions and duties of a specified office" can make one an "acting official"); English v.”
Hooks ex rel. Nat'l Labor Relations Bd. v. Kitsap Tenant Support Servs., Inc., 816 F.3d 550 (9th Cir. 2016). “] 5 U.S.C. § 3347 (a) (emphasis added). Under this provision of the FVRA, §§ 3345 and 3346 form the exclusive means for filling a vacancy in an Executive agency office unless another statute expressly provides a means for filling such a vacancy.”
In re Grand Jury Investigation, 916 F.3d 1047 (D.C. Cir. 2019). “5 U.S.C. § 3347 (a)(1)(B). Other statutes may temporarily authorize an officer or employee to perform the functions and duties of a specified office.”
SW Gen., Inc. v. Nat'l Labor Relations Bd., 796 F.3d 67 (D.C. Cir. 2015). “105— 120, at 16 (FVRA does not override appointment provision in NLRA (referencing 5 U.S.C. § 3347 (a)(1)(A))). The President did not invoke the NLRA when appointing Solomon, however — perhaps because the FVRA allows an acting officer to serve for a longer period of time.”
Olympic Fed. Sav. & Loan Ass'n v. Dir., Off. of Thrift Supervision, 732 F. Supp. 1183 (D.D.C. 1990). “Martoche as Acting Director pursuant to 5 U.S.C. § 3347 is improper. According to Olympic, section 3347 does not give the President authority to fill a vacancy caused by the resignation of any person other than a constitutionally appointed officer.”
United States v. Patara, 365 F. Supp. 3d 1085 (S.D. Cal. 2019). “5 U.S.C. § 3347 . The plain meaning of the text does not support Defendants' argument.”
Guedes v. Bureau of Alcohol, Tobacco, Firearms, & Explosives, No. 2018-2988 (D.D.C. Feb. 25, 2019). · cites it 8× “5 U.S.C. § 3347 (1994) (providing that the President’s authority to designate acting officials under the FVRA “d[id] not apply to a vacancy in the office of the Attorney General”).”
United States v. Julien Giraud, Jr., 160 F.4th 390 (3d Cir. 2025). · cites it 4× “The FVRA is “the exclusive means for temporarily authorizing an acting official to perform the functions and duties of any [PAS] office,” 5 U.S.C. § 3347 (a), unless a statute expressly authorizes another means of acting or interim service in a specified office, id.”
Gonzales & Gonzales Bonds & Ins. Agency, Inc. v. Usdhs, 107 F.4th 1064 (9th Cir. 2024). “See 5 U.S.C. § 3347 (b). It is no surprise that our fellow 36 GONZALES & GONZALES BONDS & INS.”
Designating an Acting Dir. of the Bureau of Consum. Fin. Prot. (OLC 2017). · cites it 3× “5 U.S.C. § 3347 (a). The CFPB has such a statute.”
Show all 57 citing cases →
5 U.S.C. § 3347(a): 1 case
Aviel v. Gor, 780 F. Supp. 3d 1 (D.D.C. 2025).
5 U.S.C. § 3347(a)(1): 1 case
Applicability of the Fed. Vacancies Reform Act to Vacancies at the Int'l Monetary Fund & the World Bank (OLC 2000).
5 U.S.C. § 3347(b): 1 case
The Vacancies Act (OLC 1998).
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