Title 5 › PART III — EMPLOYEES › Subpart D — Pay and Allowances › CHAPTER 55 — PAY ADMINISTRATION › SUBCHAPTER I — GENERAL PROVISIONS › § 5503
The federal government may not pay someone who got a recess appointment to a job that needed the Senate’s approval if the job opening happened while the Senate was in session. That person must wait for the Senate to confirm them before getting paid, unless one of three things is true: the vacancy began within 30 days before the session ended, a different nomination for the job was already waiting for the Senate at the end of the session, or the Senate rejected a nomination within 30 days before the session ended and a different person later got the recess appointment. If one of those three exceptions applies, the President must send a nomination for the job to the Senate no later than 40 days after the next Senate session begins.
Full Legal Text
Government Organization and Employees, Source: USLM XML via OLRC
Legislative History
Reference
Citation
5 U.S.C. § 5503
Title 5, Government Organization and Employees
Last Updated
Aug 21, 2026
Release point: 119-102