Permissibility of Recess Appointments of Directors of the Federal Housing Finance Board

Where the Senate has failed to act during a Session of Congress on the nomination of a person to an office, and that person is then serving in that office by recess appointment, the President may make a second recess appointment of that person to the position when the previous recess commission expires.

Although the payment of compensation to successive recess appointees is generally deemed prohibited by 5 U.S.C. § 5503(a), that prohibition does not apply to positions that are not paid out of appropriated funds.