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5 U.S.C. § 3349d — Notification of intent to nominate during certain recesses or adjournments
Federal law — U.S. Code and appendices · legal_authorities
**(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effective after such second day the notification considered a nomination under subsection (a) shall be treated as a withdrawn nomination for purposes of sections 3345 through 3349c.
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Source location: Title 5, Chapter 33, § 3349d; chapter-033-examination-selection-and-placement.md
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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effective after such second day the notification considered a nomination under subsection (a) shall be treated as a withdrawn nomination for purposes of sections 3345 through 3349c.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** If an officer of an Executive agency (including the Executive Office of the President, and other than the Government Accountability Office) whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate, dies, resigns, or is otherwise unable to perform the functions and duties of the office—
(1) the first assistant to the office of such officer shall perform the functions and duties of the office temporarily in an acting capacity subject to the time limitations of section 3346;
(2) notwithstanding paragraph (1), the President (and only the President) may direct a person who serves in an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate, to perform the functions and duties of the vacant office temporarily in an acting capacity subject to the time limitations of section 3346; or
(3) notwithstanding paragraph (1), the President (and only the President) may direct an officer or employee of such Executive agency to perform the functions and duties of the vacant office temporarily in an acting capacity, subject to the time limitations of section 3346, if—
(A) during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the applicable officer, the officer or employee served in a position in such agency for not less than 90 days; and
(B) the rate of pay for the position described under subparagraph (A) is equal to or greater than the minimum rate of pay payable for a position at GS–15 of the General Schedule.
**(b)**
(1) Notwithstanding subsection (a)(1), a person may not serve as an acting officer for an office under this section, if—
(A) during the 365-day period preceding the date of the
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Federal law — U.S. Code and appendices · legal_authorities
Page 425
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 3349d
Editorial Notes
PRIOR PROVISIONS
A prior section 3349, Pub. L. 89–554, Sept. 6, 1966, 80
Stat. 426, provided for restrictions relating to details to
fill vacancies, prior to repeal by Pub. L. 105–277, div. C,
title I, § 151(b), (d)(1), Oct. 21, 1998, 112 Stat. 2681–611,
2681–616, effective 30 days after Oct. 21, 1998. See section
3347 of this title.
AMENDMENTS
2004—Subsec. (a). Pub. L. 108–271 substituted ‘‘Govern-
ment Accountability Office’’ for ‘‘General Accounting
Office’’ in introductory provisions.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Committee on Governmental Affairs of Senate
changed to Committee on Homeland Security and Gov-
ernmental Affairs of Senate, effective Jan. 4, 2005, by
Senate Resolution No. 445, One Hundred Eighth Con-
gress, Oct. 9, 2004.
Committee on Government Reform and Oversight of
House of Representatives changed to Committee on
Government Reform of House of Representatives by
House Resolution No. 5, One Hundred Sixth Congress,
Jan. 6, 1999. Committee on Government Reform of
House of Representatives changed to Committee on
Oversight and Government Reform of House of Rep-
resentatives by House Resolution No. 6, One Hundred
Tenth Congress, Jan. 5, 2007. Committee on Oversight
and Government Reform of House of Representatives
changed to Committee on Oversight and Reform of
House of Representatives by House Resolution No. 6,
One Hundred Sixteenth Congress, Jan. 9, 2019. Com-
mittee on Oversight and Reform of House of Represent-
atives changed to Committee on Oversight and Ac-
countability of House of Representatives by House Res-
olution No. 5, One Hundred Eighteenth Congress, Jan.
9, 2023.
EFFECTIVE DATE
Section effective 30 days after O
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