Title 5 — Government Organization and EmployeesRelease 119-73

§3349a Presidential inaugural transitions

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

Last updated Apr 6, 2026|Official source

Summary

Delays when the 210-day countdown starts for filling certain federal vacancies that happen around a presidential change. A "transitional inauguration day" is the day someone takes the presidential oath if they were not president the day before. If a vacancy exists during the 60 days after that day, the 210-day period in sections 3346 or 3348 starts on whichever is later: 90 days after the inauguration or 90 days after the vacancy began.

Full Legal Text

Title 5, §3349a

Government Organization and Employees — Source: USLM XML via OLRC

(a)In this section, the term “transitional inauguration day” means the date on which any person swears or affirms the oath of office as President, if such person is not the President on the date preceding the date of swearing or affirming such oath of office.

(b)With respect to any vacancy that exists during the 60-day period beginning on a transitional inauguration day, the 210-day period under section 3346 or 3348 shall be deemed to begin on the later of the date occurring—

(1)90 days after such transitional inauguration day; or

(2)90 days after the date on which the vacancy occurs.

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

5 U.S.C. § 3349a

Title 5 — Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73