Title 5, Government Organization and EmployeesRelease 119-102
§3349d Notification of Intent to Nominate During Certain Recesses or Adjournments
Title 5 › PART III — EMPLOYEES › Subpart B — Employment and Retention › CHAPTER 33 — EXAMINATION, SELECTION, AND PLACEMENT › SUBCHAPTER III — DETAILS, VACANCIES, AND APPOINTMENTS › § 3349d
Summary
Written notice President gives in a Senate recess over 15 days naming a person and office counts as a nomination under secs. 3345–3349c; if no formal nomination filed within 2 days after the recess, the notice is withdrawn.
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effective after such second day the notification considered a nomination under subsection (a) shall be treated as a withdrawn nomination for purposes of sections 3345 through 3349c.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
Aug 21, 2026
Release point: 119-102