5 U.S.C. § 3349d

Notification of intent to nominate during certain recesses or adjournments

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(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effective after such second day the notification considered a nomination under subsection (a) shall be treated as a withdrawn nomination for purposes of sections 3345 through 3349c.(Added Pub.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 1 case, 1999–1999 · leading case: Guidance on Application of Fed. Vacancies Reform Act of 1998 (OLC 1999).

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Guidance on Application of Fed. Vacancies Reform Act of 1998 (OLC 1999). “5 U.S.C. § 3349d. Question 38. Does the Vacancies Reform Act include any provision to account for the increased difficulty and time that may be involved in nominating PAS officers at the beginning of a new administration? Answer.”

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