dreamproit/uscode huggingface dataset:
5 U.S.C. § 5407 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5407. Nature of payment
Any payment to an employee under this section shall be part of the employee’s basic pay for the purposes of subchapter III of chapter 83, and chapters 84 and 87, and for such other purposes (other than chapter 75) as the Office shall determine by regulation.
(Added Pub. L. 108–136, div. A, title XI, § 1129(a), Nov. 24, 2003, 117 Stat. 1645.)
heading: Prior Provisions
text: A prior section 5407, added Pub. L. 98–615, title II, § 201(a), Nov. 8, 1984, 98 Stat. 3213, related to cash award program, prior to repeal by Pub. L. 103–89, § 3(a)(1), (c), Sept. 30, 1993, 107 Stat. 981, 983, eff. Nov. 1, 1993.
5 U.S.C. § 5408 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5408. Appropriations
There is authorized to be appropriated $500,000,000 for fiscal year 2004, and, for each subsequent fiscal year, such sums as may be necessary to carry out the provisions of this chapter. In the first year of implementation, up to 10 percent of the amount appropriated to the Fund shall be available to participating agencies to train supervisors, managers, and other individuals involved in the appraisal process on using performance management systems to make meaningful distinctions in employee performance and on the use of the Fund.
(Added Pub. L. 108–136, div. A, title XI, § 1129(a), Nov. 24, 2003, 117 Stat. 1645.)
heading: Prior Provisions
text: Prior sections 5408 to 5410 were repealed by Pub. L. 103–89, § 3(a)(1), (c), Sept. 30, 1993, 107 Stat. 981, 983, effective Nov. 1, 1993.
Section 5408, added Pub. L. 98–615, title II, § 201(a), Nov. 8, 1984, 98 Stat. 3214, required annual reports by Office of Personnel Management.
Section 5409, added Pub. L. 98–615, title II, § 201(a), Nov. 8, 1984, 98 Stat. 3214, directed Office of Personnel Management to prescribe regulations.
Section 5410, added Pub. L. 98–615, title II, § 201(a), Nov. 8, 1984, 98 Stat. 3214; amended Pub. L. 101–103, § 2, Sept. 30, 1989, 103 Stat. 670; Pub. L. 102–22, § 2(c), Mar. 28, 1991, 105 Stat. 71; Pub. L. 103–89, § 2, Sept. 30, 1993, 107 Stat. 981, related to termination of chapter and accompanying regulations.
5 U.S.C. § 5501 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5501. Disposition of money accruing from lapsed salaries or unused appropriations for salaries
Money accruing from lapsed salaries or from unused appropriations for salaries shall be covered into the Treasury of the United States. An individual who violates this section shall be removed from the service.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 475.)
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5 U.S.C. 50 (1st sentence; and 2d sentence, so much as relates to removal).
Aug. 5, 1882, ch. 389, § 4 (297th through 316th words), 22 Stat. 255.
Aug. 23, 1912, ch. 350, § 5 (so much as relates to removal), 37 Stat. 414.
In the last sentence, the word “removed” is substituted for “summarily removed” because of the provisions of the Lloyd-LaFollette Act 37 Stat. 555, as amended, and the Veterans’ Preference Act of 1944, 58 Stat. 387, as amended, which are carried into this title.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
5 U.S.C. § 5502 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5502. Unauthorized office; prohibition on use of funds
(a) Payment for services may not be made from the Treasury of the United States to an individual acting or assuming to act as an officer in the civil service or uniformed services in an office which is not authorized by existing law, unless the office is later sanctioned by law.
(b) Except as otherwise provided by statute, public money and appropriations may not be used for pay or allowance for an individual employed by an official of the United States retired from active service.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 475.)
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(a)
5 U.S.C. 52.
R.S. § 1760.
(b)
5 U.S.C. 85.
July 1, 1898, ch. 546, § 1 (3d proviso on p. 644), 30 Stat. 644.
In subsection (a), the words “in the civil service or uniformed services” are substituted for “civil, military, or naval”.
In subsection (b), the words “Except as otherwise provided by statute” are added in recognition of the Act of Aug. 25, 1958, Pub. L. 85–745, 72 Stat. 838, which authorizes an office staff for former Presidents. The reference to “public money and appropriations” is added for clarity.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
5 U.S.C. § 5503 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 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.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 475.)
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5 U.S.C. 56.
R.S. § 1761.
July 11, 1940, ch. 580, 54 Stat. 751.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
5 U.S.C. § 5505 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5505. Monthly pay periods; computation of pay
The pay period for an individual in the service of the United States whose pay is monthly or annual covers one calendar month, and the following rules for division of time and computation of pay for services performed govern:
(1) A month’s pay is one-twelfth of a year’s pay.
(2) A day’s pay is one-thirtieth of a month’s pay.
(3) The 31st day of a calendar month is ignored in computing pay, except that one day’s pay is forfeited for one day’s unauthorized absence on the 31st day of a calendar month.
(4) For each day of the month elapsing before entering the service, one day’s pay is deducted from the first month’s pay of the individual.
This section does not apply to an employee whose pay is computed under section 5504(b) of this title.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 476.)
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5 U.S.C. 84.
June 30, 1906, ch. 3914, § 6, 34 Stat. 763.
June 30, 1945, ch. 212, § 604(c) (2d sentence), 59 Stat. 303.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
5 U.S.C. § 5506 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5506. Computation of extra pay based on standard or daylight saving time
When an employee as defined by section 2105 of this title or an individual employed by the government of the District of Columbia is entitled to extra pay for services performed between or after certain named hours of the day or night, the extra pay is computed on the basis of either standard or daylight saving time, depending on the time observed by law, custom, or practice where the services are performed.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 476.)
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5 U.S.C. 914.
Sept. 7, 1949, ch. 538, § 2, 63 Stat. 690.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
5 U.S.C. § 5507 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5507. Officer affidavit; condition to pay
An officer required by section 3332 of this title to file an affidavit may not be paid until the affidavit has been filed.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 477.)
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5 U.S.C. 21b.
Dec. 11, 1926, ch. 4, § 2, 44 Stat. 919.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
5 U.S.C. § 5508 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5508. Officer entitled to leave; effect on pay status
An officer in the executive branch and an officer of the government of the District of Columbia to whom subchapter I of chapter 63 of this title applies are not entitled to the pay of their offices solely because of their status as officers.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 477.)
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5 U.S.C. 2061(c)(1) (last sentence).
July 2, 1953, ch. 178, § 1 “(c)(1) (last sentence)”, 67 Stat. 136.
The words “including an officer of a corporation wholly owned or controlled by the United States” are omitted as unnecessary in view of the definition of “officer” in section 2104.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
5 U.S.C. § 5509 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5509. Appropriations
There are authorized to be appropriated sums necessary to carry out the provisions of this title.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 477.)
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[Uncodified].
June 30, 1945, ch. 212, § 609, 59 Stat. 306.
[Uncodified].
Oct. 28, 1949, ch. 782, § 1107, 63 Stat. 972.
[Uncodified].
Sept. 30, 1950, ch. 1123, § 13, 64 Stat. 1100.
42 U.S.C. 1370.
Sept. 1, 1954, ch. 1212, § 4(a) “Sec. 1510”, 68 Stat. 1135.
[Uncodified].
Sept. 6, 1960, Pub. L. 86–707, § 501(a), 74 Stat. 800.
The remainder of the authority for this section is implied from the statutes from which this title is derived.
heading: Merit Systems Protection Board and Office of Special Counsel; Authorization of Appropriations; Restriction on Appropriations
text: Pub. L. 101–12, § 8(a), (b), Apr. 10, 1989, 103 Stat. 34, as amended by Pub. L. 103–424, § 1, Oct. 29, 1994, 108 Stat. 4361; Pub. L. 104–208, div. A, title I, § 101(f) [title VI, §§ 641(a), 642(a)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–365; Pub. L. 107–304, § 2(a), (b), Nov. 27, 2002, 116 Stat. 2364, provided that:
“(a) Authorization of Appropriations.—
There are authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated—
“(1) for each of fiscal years 2003, 2004, 2005, 2006, and 2007 such sums as necessary to carry out subchapter I of chapter 12 of title 5, United States Code (as amended by this Act); and
“(2) for each of fiscal years 2003, 2004, 2005, 2006, and 2007 such sums as necessary to carry out subchapter II of chapter 12 of title 5, United States Code (as amended by this Act).
“(b) Restriction Relating to Appropriations Under the Civil Service Reform Act of 1978.—
No funds may be appropriated to the Merit Systems Protection Board or the Office of Special Counsel pursuant to section 903 of the Civil Service Reform Act of 1978 [Pub. L. 95–454] (5 U.S.C. 5509 note).”
[Pub. L. 107–304, § 2(c), Nov. 27, 2002, 116 Stat. 2364, provided that: “This section [amending section 8(a) of Pub. L. 101–12, set out above] shall be effective as of October 1, 2002.”
]
[Pub. L. 104–208, div. A, title I, § 101(f) [title VI, §§ 641(b), 642(b)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–365, provided that the amendments made by section 101(f) [title VI, §§ 641(a), 642(a)] of Pub. L. 104–208 [amending section 8(a) of Pub. L. 101–12, set out above] were to be effective on Oct. 1, 1998.]
heading: Authorization of Appropriations
text: Pub. L. 95–454, title IX, § 903, Oct. 13, 1978, 92 Stat. 1224, provided that: “There are authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, such sums as may be necessary to carry out the provisions of this Act [For classification of Pub. L. 95–454, see Tables].”
5 U.S.C. § 5511 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5511. Withholding pay; employees removed for cause
(a) Except as provided by subsection (b) of this section, the earned pay of an employee removed for cause may not be withheld or confiscated.
(b) If an employee indebted to the United States is removed for cause, the pay accruing to the employee shall be applied in whole or in part to the satisfaction of any claim or indebtedness due the United States.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 477.)
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5 U.S.C. 46a.
Feb. 24, 1931, ch. 287, 46 Stat. 1415.
In subsection (a), the words “From and after February 24, 1931” are omitted as executed. The word “employee” is coextensive with and substituted for “civil employee of the United States” in view of the definition of “employee” in section 2105.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
5 U.S.C. § 5512 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5512. Withholding pay; individuals in arrears
(a) The pay of an individual in arrears to the United States shall be withheld until he has accounted for and paid into the Treasury of the United States all sums for which he is liable.
(b) When pay is withheld under subsection (a) of this section, the employing agency, on request of the individual, his agent, or his attorney, shall report immediately to the Attorney General the balance due; and the Attorney General, within 60 days, shall order suit to be commenced against the individual.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 477; Pub. L. 92–310, title II, § 202, June 6, 1972, 86 Stat. 202; Pub. L. 104–316, title I, § 103(b), Oct. 19, 1996, 110 Stat. 3828.)
text: Historical and Revision Notes
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5 U.S.C. 82.
R.S. § 1766.
In subsection (b), reference to the “General Accounting Office” is substituted for “accounting officers of the Treasury” on authority of the Act of June 10, 1921, ch. 18, title III, 42 Stat. 23. The words “on request of” are substituted for “if required to do so by” as more accurately reflecting the intent. Reference to the “Attorney General” is substituted for “Solicitor of the Treasury” and “Solicitor” on authority of section 16 of the Act of March 3, 1933, ch. 212, 47 Stat. 1517; section 5 of E.O. 6166, June 10, 1933; and section 1 of 1950 Reorg. Plan No. 2, 64 Stat. 1261.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
heading: Amendments
text: 1996—Subsec. (b). Pub. L. 104–316 substituted “employing agency” for “General Accounting Office”.
1972—Subsec. (b). Pub. L. 92–310 struck out “and his sureties” after “against the individual”.
5 U.S.C. § 5513 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5513. Withholding pay; credit disallowed or charge raised for payment
When the Government Accountability Office, on a statement of the account of a disbursing or certifying official of the United States, disallows credit or raises a charge for a payment to an individual in or under an Executive agency otherwise entitled to pay, the pay of the payee shall be withheld in whole or in part until full reimbursement is made under regulations prescribed by the head of the Executive agency from which the payee is entitled to receive pay. This section does not repeal or modify existing statutes relating to the collection of the indebtedness of an accountable, certifying, or disbursing official.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 477; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
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5 U.S.C. 46b.
May 26, 1936, ch. 452, 49 Stat. 1374.
Aug. 3, 1950, ch. 515, 64 Stat. 393.
The words “On and after May 26, 1936” are omitted as executed. The word “official” is substituted for “officer” and “officers” as the definition of “officer” in section 2104 excludes a member of a uniformed service. The words “from the United States or from an agency or instrumentality thereof” are omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
heading: Amendments
text: 2004—Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
5 U.S.C. § 5515 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5515. Crediting amounts received for jury or witness service
An amount received by an employee as defined by section 2105 of this title (except an individual whose pay is disbursed by the Secretary of the Senate, the Chief Administrative Officer of the House of Representatives, or the Chief of the Capitol Police) or an individual employed by the government of the District of Columbia for service as a juror or witness during a period for which he is entitled to leave under section 6322(a) of this title, or is performing official duty under section 6322(b) of this title, shall be credited against pay payable to him by the United States or the District of Columbia with respect to that period.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 478; Pub. L. 91–563, § 2(a), Dec. 19, 1970, 84 Stat. 1476; Pub. L. 104–186, title II, § 215(5), Aug. 20, 1996, 110 Stat. 1745; Pub. L. 111–145, § 7(c)(1), Mar. 4, 2010, 124 Stat. 55.)
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5 U.S.C. 30p.
June 29, 1940, ch. 446, § 3, 54 Stat. 689.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
heading: Amendments
text: 2010—Pub. L. 111–145 substituted “, the Chief Administrative Officer of the House of Representatives, or the Chief of the Capitol Police” for “or the Chief Administrative Officer of the House of Representatives”.
1996—Pub. L. 104–186 substituted “Chief Administrative Officer” for “Clerk”.
1970—Pub. L. 91–563 substituted “jury or witness service” for “jury service in State courts” in section catchline.
Pub. L. 91–563 authorized crediting of amounts received for jury service in courts in the District of Columbia and in territories or possessions of the United States, included amounts received for service as a witness or when performing official duty under section 6322(b) of this title, and excepted individuals whose pay is disbursed by the Secretary of the Senate or the Clerk of the House of Representatives.
heading: Effective Date of 2010 Amendment
text: Amendment by Pub. L. 111–145 effective as though enacted as part of section 1018 of Pub. L. 108–7, see section 7(d) of Pub. L. 111–145, set out as a note under section 2107 of this title.
5 U.S.C. § 5519 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5519. Crediting amounts received for certain Reserve or National Guard service
An amount (other than a travel, transportation, or per diem allowance) received by an employee or individual for military service as a member of the Reserve or National Guard for a period for which he is granted military leave under section 6323(b) or (c) shall be credited against the pay payable to the employee or individual with respect to his civilian position for that period.
(Added Pub. L. 90–588, § 2(b), Oct. 17, 1968, 82 Stat. 1152; amended Pub. L. 102–378, § 2(39), Oct. 2, 1992, 106 Stat. 1351; Pub. L. 104–106, div. A, title V, § 516(b), Feb. 10, 1996, 110 Stat. 309.)
heading: Amendments
text: 1996—Pub. L. 104–106 substituted “granted military leave” for “entitled to leave”.
1992—Pub. L. 102–378 substituted “6323(b) or (c)” for “6323(c) or (d) of this title”.
5 U.S.C. § 5521 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5521. Definitions
For the purpose of this subchapter—
(1) “agency” means—
(A) an Executive agency;
(B) the judicial branch;
(C) the Library of Congress;
(D) the Government Printing Office; and
(E) the government of the District of Columbia;
(2) “employee” means an individual employed in or under an agency;
(3) “head of each agency” means—
(A) the Director of the Administrative Office of the United States Courts with respect to the judicial branch; and
(B) the Mayor of the District of Columbia with respect to the government of the District of Columbia; and
(4) “United States”, when used in a geographical sense, means the several States and the District of Columbia.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 479; Pub. L. 90–623, § 1(10), Oct. 22, 1968, 82 Stat. 1312; Pub. L. 96–54, § 2(a)(31), Aug. 14, 1979, 93 Stat. 383.)
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5 U.S.C. 3071.
Sept. 26, 1961, Pub. L. 87–304, § 1, 75 Stat. 662.
June 24, 1965, Pub. L. 89–47, 79 Stat. 171.
In paragraph (1), the word “agency” is substituted for “department”. The term “Executive agency” is substituted for the reference to “each executive department of the Government of the United States of America; each agency or independent establishment in the executive branch of such Government; each corporation wholly owned or controlled by such Government” in former section 3071(1)(A)–(C).
Paragraph (2) is added for clarity and in view of the fact that the definition of “employee” in section 2105 does not include individuals employed by the government of the District of Columbia.
In paragraph (3), the term “department head” is omitted as unnecessary.
In paragraph (4), the words “of the United States of America” are omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
heading: Amendments
text: 1979—Par. (3)(B). Pub. L. 96–54 substituted “Mayor” for “Commissioner”.
1968—Par. (3)(B). Pub. L. 90–623 substituted “Commissioner” for “Board of Commissioners”.
heading: Effective Date of 1979 Amendment
text: Amendment by Pub. L. 96–54 effective July 12, 1979, see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title.
heading: Effective Date of 1968 Amendment
text: Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of this title.
5 U.S.C. § 5524 (GOVERNMENT ORGANIZATION AND EMPLOYEES)
§ 5524. Review of accounts
The head of each agency shall provide for—
(1) the review of the account of each employee of the agency in receipt of payments under section 5522 or 5523 of this title, or both, as the case may be; and
(2) the adjustment of the amounts of the payments on the basis of—
(A) the rates of pay, allowances, and differentials to which the employee would have been entitled under applicable statute other than this subchapter for the respective periods covered by the payments, if he had performed active service under the terms of his appointment during each period in the position he held immediately before the issuance of the applicable evacuation order; and
(B) such additional amounts as the employee is authorized to receive in accordance with a determination of the President under section 5523(b) of this title.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 481.)
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5 U.S.C. 3074.
Sept. 26, 1961, Pub. L. 87–304, § 4, 75 Stat. 663.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.