5 U.S.C. § 5509 — Appropriations

Page 638 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5505 years 1984 and 1985, and applicable in the case of an em- ployee as defined in section 5504(b) of title 5, United States Code [subsection (b) of this section], any hourly rate derived under section 5504(b)(1) of title 5, United States Code, shall be derived by dividing the annual rate of basic pay by 2,087. ‘‘(2) Paragraph (1) shall not apply in determining basic pay for purposes of subchapter III of chapter 83 of title 5, United States Code. ‘‘(3) The Office of Personnel Management may pre- scribe regulations necessary for the administration of this subsection insofar as this subsection affects em- ployees in or under an Executive agency. ‘‘(4) Notwithstanding any other provision of this sub- section, paragraph (1) shall not be effective with re- spect to pay periods beginning before the effective date of any increase under section 5305 of title 5, United States Code, in the rates of pay under the General Schedule and the rates of pay under the other statutory pay systems for fiscal year 1984.’’ [Pub. L. 98–117, § 2, Oct. 11, 1983, 97 Stat. 802, provided that: ‘‘The amendment made by this Act [enacting par. (4) of this note] shall be effective as of October 1, 1983.’’] Executive Documents DELEGATION OF FUNCTIONS Functions vested in Office of Personnel Management under this section insofar as it affects officers and em- ployees in or under executive branch of government to be performed without approval of President, see section 1(1) of Ex. Ord. No. 11228, June 14, 1965, 30 F.R. 7739, set out as a note under section 301 of Title 3, The Presi- dent. § 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 fol- lowing rules for division of time and computa- tion 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 ig- nored in computing pay, except that one day’s pay is forfeited for one day’s unauthorized ab- sence on the 31st day of a calendar month. (4) For each day of the month elapsing be- fore entering the service, one day’s pay is de- ducted from the first month’s pay of the indi- vidual. 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.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 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 defi- nitions applicable and the style of this title as outlined in the preface to the report. § 5506. Computation of extra pay based on stand- ard or daylight saving time When an employee as defined by section 2105 of this title or an individual employed by the gov- ernment 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.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 914. Sept. 7, 1949, ch. 538, § 2, 63 Stat. 690. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. § 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 af- fidavit has been filed. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 477.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 21b. Dec. 11, 1926, ch. 4, § 2, 44 Stat. 919. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. § 5508. Officer entitled to leave; effect on pay sta- tus An officer in the executive branch and an offi- cer of the government of the District of Colum- bia 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.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 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 ‘‘of- ficer’’ in section 2104. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. § 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.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. [Uncodified]. June 30, 1945, ch. 212, § 609, 59 Stat. 306. Page 639 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5513 HISTORICAL AND REVISION NOTES—CONTINUED Derivation U.S. Code Revised Statutes and Statutes at Large .................. [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 im- plied from the statutes from which this title is derived. Statutory Notes and Related Subsidiaries MERIT SYSTEMS PROTECTION BOARD AND OFFICE OF SPECIAL COUNSEL; AUTHORIZATION OF APPROPRIA- TIONS; RESTRICTION ON APPROPRIATIONS 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; Pub. L. 115–91, div. A, title X, § 1097(n)(1), Dec. 12, 2017, 131 Stat. 1626, 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 2018 through 2023 such sums as necessary to carry out subchapter II of chap- ter 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. 115–91, div. A, title X, § 1097(n)(2), Dec. 12, 2017, 131 Stat. 1626, provided that: ‘‘The amendment made by paragraph (1) [amending section 8(a) of Pub. L. 101–12, set out above] shall take effect as though en- acted on September 30, 2017.’’] [Pub. L. 107–304, § 2(c), Nov. 27, 2002, 116 Stat. 2364, pro- vided 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 sec- tion 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.] AUTHORIZATION OF APPROPRIATIONS Pub. L. 95–454, title IX, § 903, Oct. 13, 1978, 92 Stat. 1224, provided that: ‘‘There are authorized to be appro- priated, out of any moneys in the Treasury not other- wise appropriated, such sums as may be necessary to carry out the provisions of this Act [For classification of Pub. L. 95–454, see Tables].’’ SUBCHAPTER II—WITHHOLDING PAY § 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.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 46a. Feb. 24, 1931, ch. 287, 46 Stat. 1415. In subsection (a), the words ‘‘From and after Feb- ruary 24, 1931’’ are omitted as executed. The word ‘‘em- ployee’’ is coextensive with and substituted for ‘‘civil employee of the United States’’ in view of the defini- tion of ‘‘employee’’ in section 2105. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. § 5512. Withholding pay; individuals in arrears (a) The pay of an individual in arrears to the United States shall be withheld until he has ac- counted 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 re- quest of the individual, his agent, or his attor- ney, shall report immediately to the Attorney General the balance due; and the Attorney Gen- eral, within 60 days, shall order suit to be com- menced 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.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 82. R.S. § 1766. In subsection (b), reference to the ‘‘General Account- ing 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 ac- curately reflecting the intent. Reference to the ‘‘Attor- ney General’’ is substituted for ‘‘Solicitor of the Treas- ury’’ 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 defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1996—Subsec. (b). Pub. L. 104–316 substituted ‘‘em- ploying agency’’ for ‘‘General Accounting Office’’. 1972—Subsec. (b). Pub. L. 92–310 struck out ‘‘and his sureties’’ after ‘‘against the individual’’. § 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, dis- allows credit or raises a charge for a payment to an individual in or under an Executive agency