Sec. 5503. - Recess appointments
(a) 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 -
(1) if the vacancy arose within 30 days before the
end of the session of the Senate;
(2) 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
(3) 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.
(b) 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