Summary
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.8 In this case, Mr. Fox's appointment fits with the conditions of 5 U.S.C.S. § 5503 and as such, he could not receive payment for his services unless the Senate confirmed his nomination as ambassador to Belgium.9 Specifically, the President appointed Mr. Fox during the Senate's recess, the position of ambassador to Belgium was an "existing office" when the President appointed him, the vacancy existed while the Senate was in session, and the vacancy was one that the Senate was required to confirm.10 The GAO focused its opinion on whether Mr. Fox's service as ambassador to Belgium during the Senate's recess would violate the ADA's prohibition against accepting voluntary services.11 In analyzing the facts of this case, the GAO described the history and significance of the voluntary services prohibition.
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Extract
Antideficiency Act
Something for Nothing? GAO Considers Voluntary Services Prohibition
In an 8 June 2007 opinion,1 the GAO considered whether the President's appointment of Mr. Sam Fox as the ambassador to Belgium during a congressional recess (called a "recess appointment") violated the Antideficiency Act's (ADA)2 prohibition against voluntary services. The GAO concluded that because 5 U.S.C.S. § 5503 prohibits the payment of individuals receiving recess appointments, Mr. Fox's appointment would not violate the ADA.3On 9 January 2007, the President nominated Mr. Sam Fox to be the United States' ambassador to Belgium.4 On 27 February 2007, the Senate Foreign Relations Committee discussed the nomination and sche...See the full content of this document
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