Title 5 — Government Organization and EmployeesRelease 119-73

§3349d Notification of intent to nominate during certain recesses or adjournments

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 › § 3349d

Last updated Apr 6, 2026|Official source

Summary

If the President sends the Senate a written notice during a Senate break longer than 15 days that names a person and the office they would fill, that notice counts as a nomination for purposes of sections 3345 through 3349c. If the President does not send the actual nomination within 2 days after the break ends, the notice will be treated as a withdrawn nomination after that second day for those same sections.

Full Legal Text

Title 5, §3349d

Government Organization and Employees — Source: USLM XML via OLRC

(a)The submission to the Senate, during a recess or adjournment of the Senate in excess of 15 days, of a written notification by the President of the President’s intention to submit a nomination after the recess or adjournment shall be considered a nomination for purposes of sections 3345 through 3349c if such notification contains the name of the proposed nominee and the office for which the person is nominated.

(b)If the President does not submit a nomination of the person named under subsection (a) within 2 days after the end of such recess or adjournment, effective after such second day the notification considered a nomination under subsection (a) shall be treated as a withdrawn nomination for purposes of sections 3345 through 3349c.

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. § 3349d

Title 5 — Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73