U.S. Code » 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

5 U.S.C. § 3349a

Presidential inaugural transitions

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(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.(Added Pub. L. 105–277, div. C, title I, § 151(b), Oct. 21, 1998, 112 Stat. 2681–615.)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 26 cases (25 in the last 5 years), 1999–2025 · leading case: Barbara Rush v. Kilolo Kijakazi, 65 F.4th 114 (4th Cir. 2023).
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Barbara Rush v. Kilolo Kijakazi, 65 F.4th 114 (4th Cir. 2023). “5 U.S.C. § 3349a(b) (emphasis added). Subsection 3348(c) extends § 3346(a)(1)’s 210-day period by providing that when the period ends on a day that the Senate is in recess, “the second day the Senate 10 USCA4 Appeal: 22-1797 Doc: 46 Filed: 04/11/2023 Pg: 11 of 17 is next in…”
Dahle v. O'Malley (D. Minnesota 2022). · cites it 2× “5 U.S.C. § 3349a. Thus, Berryhill could serve no longer than 300 days from when the vacancy arose.”
Ortiz-Rivera v. Kijakazi (M.D. Penn. 2023). · cites it 2× “5 U.S.C. § 3349a(b). If a first - 30 - nomination does not result in a confirmation, an acting official may serve for another 210 days, 5 U.”
Bauer v. Comm'r of Soc. Sec. (N.D. Iowa 2022). · cites it 2× “; 5 U.S.C. § 3349a. 21 GAO Letter, supra note 19.”
Fed. Vacancies Reform Act's Application to a Vacancy for Which Prior Presidents Submitted Multiple Nominations (OLC 2022). “5 U.S.C. § 3349a(b)(2). We read section 3349a to treat preexisting or inauguration-day vacancies in the same way, deeming the vacancy to have occurred 90 days after inauguration day.”
Vanesea Nwobi v. Kilolo Kijakazi (4th Cir. 2023). “5 U.S.C. § 3349a(b) (emphasis added). Subsection 3348(c) extends § 3346(a)(1)’s 210-day period by providing that when the period ends on a day that the Senate is in recess, “the second day the Senate 10 USCA4 Appeal: 22-1901 Doc: 45 Filed: 04/11/2023 Pg: 11 of 17 is next in…”
Cynthia Parker v. Kilolo Kijakazi (4th Cir. 2023). “5 U.S.C. § 3349a(b) (emphasis added). Subsection 3348(c) extends § 3346(a)(1)’s 210-day period by providing that when the period ends on a day that the Senate is in recess, “the second day the Senate 10 USCA4 Appeal: 22-1834 Doc: 45 Filed: 04/11/2023 Pg: 11 of 17 is next in…”
Appleby v. Comm'r of Soc. Sec. (N.D. Iowa 2023). “5 U.S.C. § 3349a(b). There is no dispute that the office of Commissioner of Social Security is an office subject to Presidential nomination and Senate Confirmation, otherwise known as a “PAS” position.”
Mundy v. Comm'r of Soc. Sec. (N.D. Iowa 2022). “5 U.S.C. § 3349a(b). There is no dispute that the office of Commissioner of Social Security is an office subject to Presidential nomination and Senate Confirmation, otherwise known as a “PAS” position.”
Miller v. Comm'r of Soc. Sec. (N.D. Iowa 2023). “5 U.S.C. § 3349a(b). There is no dispute that the office of Commissioner of Social Security is an office subject to Presidential nomination and Senate Confirmation, otherwise known as a “PAS” position.”
Messer v. O'Malley (D. Minnesota 2022). “4 November 16, 2017 is 300 days from January 21, 2017; although that is 90 days more than the 210-day period, that 90-day extension is provided in 5 U.S.C. § 3349a(b) for circumstances where a vacancy arises at the beginning of a new President’s term.”
Zelinske v. Kijakazi (D. Minnesota 2023). “5 U.S.C. § 3349a(b). In effect, the allowable period under 5 U.”
Show all 26 citing cases →
— 5 U.S.C. § 3349a(b) — 22 cases
Barbara Rush v. Kilolo Kijakazi, 65 F.4th 114 (4th Cir. 2023). “5 U.S.C. § 3349a(b) (emphasis added). Subsection 3348(c) extends § 3346(a)(1)’s 210-day period by providing that when the period ends on a day that the Senate is in recess, “the second day the Senate 10 USCA4 Appeal: 22-1797 Doc: 46 Filed: 04/11/2023 Pg: 11 of 17 is next in…”
Vanesea Nwobi v. Kilolo Kijakazi (4th Cir. 2023). “5 U.S.C. § 3349a(b) (emphasis added). Subsection 3348(c) extends § 3346(a)(1)’s 210-day period by providing that when the period ends on a day that the Senate is in recess, “the second day the Senate 10 USCA4 Appeal: 22-1901 Doc: 45 Filed: 04/11/2023 Pg: 11 of 17 is next in…”
Cynthia Parker v. Kilolo Kijakazi (4th Cir. 2023). “5 U.S.C. § 3349a(b) (emphasis added). Subsection 3348(c) extends § 3346(a)(1)’s 210-day period by providing that when the period ends on a day that the Senate is in recess, “the second day the Senate 10 USCA4 Appeal: 22-1834 Doc: 45 Filed: 04/11/2023 Pg: 11 of 17 is next in…”
Appleby v. Comm'r of Soc. Sec. (N.D. Iowa 2023). “5 U.S.C. § 3349a(b). There is no dispute that the office of Commissioner of Social Security is an office subject to Presidential nomination and Senate Confirmation, otherwise known as a “PAS” position.”
Mundy v. Comm'r of Soc. Sec. (N.D. Iowa 2022). “5 U.S.C. § 3349a(b). There is no dispute that the office of Commissioner of Social Security is an office subject to Presidential nomination and Senate Confirmation, otherwise known as a “PAS” position.”
— 5 U.S.C. § 3349a(b)(1) — 1 case
Ortiz-Rivera v. Kijakazi (M.D. Penn. 2023). “5 U.S.C. § 3349a(b). If a first - 30 - nomination does not result in a confirmation, an acting official may serve for another 210 days, 5 U.”
— 5 U.S.C. § 3349a(b)(2) — 1 case
Fed. Vacancies Reform Act's Application to a Vacancy for Which Prior Presidents Submitted Multiple Nominations (OLC 2022). “5 U.S.C. § 3349a(b)(2). We read section 3349a to treat preexisting or inauguration-day vacancies in the same way, deeming the vacancy to have occurred 90 days after inauguration day.”
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