---
kind: "section"
citation: "5 U.S.C. § 3349d"
title: "5"
title_heading: "Government Organization and Employees"
number: "3349d"
heading: "Notification of intent to nominate during certain recesses or adjournments"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/3349d"
units:
  - "Part III — Employees"
  - "Subpart B — Employment and Retention"
  - "Chapter 33 — Examination, Selection, and Placement"
  - "Subchapter III — Details, Vacancies, and Appointments"
---

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

- (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](/usc/5/3345.md) through [3349c](/usc/5/3349c.md) if such notification contains the name of the proposed nominee and the [office](/usc/5/5402.md?p=3) for which the [person](/usc/5/7103.md?p=a-1) is nominated.
- (b) If the President does not submit a nomination of the [person](/usc/5/7103.md?p=a-1) named under [subsection (a)](#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after such second day the notification considered a nomination under [subsection (a)](#a) shall be treated as a withdrawn nomination for purposes of sections [3345](/usc/5/3345.md) through 3349c.

## Source credit

(Added Pub. L. 105–277, div. C, title I, § 151(b), Oct. 21, 1998, 112 Stat. 2681–615.)

## Notes

### 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.