5 U.S.C. § 5503 — Recess appointments
submitted 60 years ago by Pub. L. 89-554 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 210 words · no verdicts yet
The Treasury generally may not pay a recess appointee filling a Senate-confirmed vacancy until the Senate confirms the appointee. Exceptions cover a vacancy arising within the last 30 days of a session, a pending qualifying nomination at session's end, and a recent rejected nomination followed by a different recess appointee.
(a) A person appointed during a Senate recess to fill an existing vacancy may not be paid from the Treasury until the Senate confirms the person, if the vacancy existed while the Senate was in session and law required Senate advice and consent. This does not apply if (1) the vacancy arose within 30 days before the session ended; (2) at session's end, a nomination for the office, other than the preceding recess appointee's nomination, was pending before the Senate; or (3) the Senate rejected the nomination within 30 days before session's end and someone other than the rejected nominee later received a recess appointment.
(b) For a vacancy covered by subsection (a)(1), (2), or (3), the nomination must be submitted to the Senate no later than 40 days after the next Senate session begins.
Payment for services may not be made from the Treasury of the United States to an individual appointed during a recess of the Senate to fill a vacancy in an existing office, if the vacancy existed while the Senate was in session and was by law required to be filled by and with the advice and consent of the Senate, until the appointee has been confirmed by the Senate. This subsection does not apply—
if the vacancy arose within 30 days before the end of the session of the Senate;
if, at the end of the session, a nomination for the office, other than the nomination of an individual appointed during the preceding recess of the Senate, was pending before the Senate for its advice and consent; or
if a nomination for the office was rejected by the Senate within 30 days before the end of the session and an individual other than the one whose nomination was rejected thereafter receives a recess appointment.
A nomination to fill a vacancy referred to by paragraph (1), (2), or (3) of subsection (a) of this section shall be submitted to the Senate not later than 40 days after the beginning of the next session of the Senate.
Source credit: (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 475.)
- 1966Enacted · Pub. L. 89-554 · 80 Stat. 475
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-554 on 1966-09-06.
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