5 U.S.C. § 3349d — Notification of intent to nominate during

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 Oct. 21, 1998, and appli- cable to any office that becomes vacant after such ef- fective date, with certain exceptions, see section 151(d) of Pub. L. 105–277, set out as a note under section 3345 of this title. § 3349a. Presidential inaugural transitions (a) In this section, the term ‘‘transitional in- auguration 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 af- firming such oath of office. (b) With respect to any vacancy that exists during the 60-day period beginning on a transi- tional 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 inaugura- tion day; or (2) 90 days after the date on which the va- cancy occurs. (Added Pub. L. 105–277, div. C, title I, § 151(b), Oct. 21, 1998, 112 Stat. 2681–615.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 30 days after Oct. 21, 1998, and appli- cable to any office that becomes vacant after such ef- fective date, with certain exceptions, see section 151(d) of Pub. L. 105–277, set out as a note under section 3345 of this title. § 3349b. Holdover provisions Sections 3345 through 3349a shall not be con- strued to affect any statute that authorizes a person to continue to serve in any office— (1) after the expiration of the term for which such person is appointed; and (2) until a successor is appointed or a speci- fied period of time has expired. (Added Pub. L. 105–277, div. C, title I, § 151(b), Oct. 21, 1998, 112 Stat. 2681–615.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 30 days after Oct. 21, 1998, and appli- cable to any office that becomes vacant after such ef- fective date, with certain exceptions, see section 151(d) of Pub. L. 105–277, set out as a note under section 3345 of this title. § 3349c. Exclusion of certain officers Sections 3345 through 3349b shall not apply to— (1) any member who is appointed by the President, by and with the advice and consent of the Senate to any board, commission, or similar entity that— (A) is composed of multiple members; and (B) governs an independent establishment or Government corporation; (2) any commissioner of the Federal Energy Regulatory Commission; (3) any member of the Surface Transpor- tation Board; or (4) any judge appointed by the President, by and with the advice and consent of the Senate, to a court constituted under article I of the United States Constitution. (Added Pub. L. 105–277, div. C, title I, § 151(b), Oct. 21, 1998, 112 Stat. 2681–615.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 30 days after Oct. 21, 1998, and appli- cable to any office that becomes vacant after such ef- fective date, with certain exceptions, see section 151(d) of Pub. L. 105–277, set out as a note under section 3345 of this title. § 3349d. Notification of intent to nominate during certain recesses or adjournments (a) The submission to the Senate, during a re- cess 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 nomina- tion 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 nomina- tion of the person named under subsection (a) within 2 days after the end of such recess or ad- journment, effective after such second day the notification considered a nomination under sub- section (a) shall be treated as a withdrawn nom- ination 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.) Page 426 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3349e 1 See References in Text note below. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 30 days after Oct. 21, 1998, and appli- cable to any office that becomes vacant after such ef- fective date, with certain exceptions, see section 151(d) of Pub. L. 105–277, set out as a note under section 3345 of this title. § 3349e. Presidential explanation of failure to nominate an inspector general If the President fails to make a formal nomi- nation for a vacant inspector general position that requires a formal nomination by the Presi- dent to be filled within the period beginning on the later of the date on which the vacancy oc- curred or on which a nomination is rejected, withdrawn, or returned, and ending on the day that is 210 days after that date, the President shall communicate, within 30 days after the end of such period and not later than June 1 of each year thereafter, to the appropriate congres- sional committees, as defined in section 12 of the Inspector General Act of 1978 (5 U.S.C. App.) 1— (1) the reasons why the President has not yet made a formal nomination; and (2) a target date for making a formal nomi- nation. (Added Pub. L. 117–263, div. E, title LII, § 5221(a), Dec. 23, 2022, 136 Stat. 3234.) Editorial Notes REFERENCES IN TEXT Section 12 of the Inspector General Act of 1978, re- ferred to in text, is section 12 of Pub. L. 95–452, which was set out in the Appendix to this title and was re- pealed and restated as section 401 of this title by Pub. L. 117–286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat. 4207, 4361. For definition of ‘‘appropriate congressional committees’’, see Amendments Not Shown in Text note set out under section 401 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 117–263, div. E, title LII, § 5221(c), Dec. 23, 2022, 136 Stat. 3234, provided that: ‘‘The amendment made by subsection (a) [enacting this section] shall take effect— ‘‘(1) on the date of enactment of this Act [Dec. 23, 2022] with respect to any vacancy first occurring on or after that date; and ‘‘(2) on the day that is 210 days after the date of en- actment of this Act with respect to any vacancy that occurred before the date of enactment of this Act.’’ SUBCHAPTER IV—TRANSFERS § 3351. Preference eligibles; transfer; physical qualifications; waiver In determining qualifications of a preference eligible for transfer to another position in the competitive service, an Executive agency, or the government of the District of Columbia, the Of- fice of Personnel Management or other exam- ining agency shall waive— (1) requirements as to age, height, and weight, unless the requirement is essential to the performance of the duties of the position; and (2) physical requirements if, in the opinion of the Office or other examining agency, after considering the recommendation of an accred- ited physician, the preference eligible is phys- ically able to perform efficiently the duties of the position. This section does not apply to an appointment required by Congress to be confirmed by, or made with the advice and consent of, the Sen- ate. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 426; Pub. L. 94–183, § 2(4), Dec. 31, 1975, 89 Stat. 1057; Pub. L. 95–454, title IX, § 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 854 (1st 2 sentences, so much as relates to transfer). June 27, 1944, ch. 287, § 5 (1st 2 sentences, so much as relates to transfer), 58 Stat. 388. The section is restated to conform to section 3312. The words ‘‘in the competitive service, an Executive agency, or the government of the District of Columbia’’ are added on authority of former sections 851, 858, and 869, which are carried into this title. The last sentence is added on authority of former section 869. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1978—Pub. L. 95–454 substituted ‘‘Office of Personnel Management’’ and ‘‘Office’’ for ‘‘Civil Service Commis- sion’’ and ‘‘Commission’’, respectively. 1975—Pub. L. 94–183 struck out ‘‘, except an appoint- ment made under section 3311 of title 39’’ after ‘‘or made with the advice and consent of, the Senate’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title. § 3352. Preference in transfers for employees making certain disclosures (a) Subject to the provisions of subsections (d) and (e), in filling a position within any Execu- tive agency, the head of such agency may give preference to any employee of such agency, or any other Executive agency, to transfer to a po- sition of the same status and tenure as the posi- tion of such employee on the date of applying for a transfer under subsection (b) if— (1) such employee is otherwise qualified for such position; (2) such employee is eligible for appointment to such position; and (3) the Merit Systems Protection Board makes a determination under the provisions of chapter 12 that a prohibited personnel action described under section 2302(b)(8) was taken against such employee. (b) An employee who meets the conditions de- scribed under subsection (a)(1), (2), and (3) may voluntarily apply for a transfer to a position, as