Title 5 — Government Organization and EmployeesRelease 119-73not60

§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

Last updated Apr 3, 2026|Official source

Summary

If the President sends a written notice to the Senate during a recess longer than 15 days that names a person and the job and says the President plans to nominate that person after the break, that notice counts as a nomination under sections 3345 through 3349c. If the President does not send the actual nomination within 2 days after the recess ends, the notice is treated as withdrawn under those same sections.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effective after such second day the notification considered a nomination under subsection (a) shall be treated as a withdrawn nomination for purposes of sections 3345 through 3349c.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 3, 2026

Release point: 119-73not60