SUBCHAPTER I—GENERAL PROVISIONS
§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.
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| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Aug. 5, 1882, ch. 389, §4 (297th through 316th words), Aug. 23, 1912, ch. 350, §5 (so much as relates to removal), |
In the last sentence, the word "removed" is substituted for "summarily removed" because of the provisions of the Lloyd-LaFollette Act
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§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.
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| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | R.S. §1760. | |
| (b) | July 1, 1898, ch. 546, §1 (3d proviso on p. 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,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§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.
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| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| R.S. §1761. |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§5504. Biweekly pay periods; computation of pay
(a) The pay period for an employee covers two administrative workweeks.
(b) When, in the case of an employee, it is necessary for computation of pay under this subsection to convert an annual rate of basic pay to a basic hourly, daily, weekly, or biweekly rate, the following rules govern:
(1) To derive an hourly rate, divide the annual rate by 2,087.
(2) To derive a daily rate, multiply the hourly rate by the number of daily hours of service required.
(3) To derive a weekly or biweekly rate, multiply the hourly rate by 40 or 80, as the case may be.
Rates are computed to the nearest cent, counting one-half and over as a whole cent.
(c) For the purposes of this section:
(1) The term "employee" means—
(A) an employee in or under an Executive agency;
(B) an employee in or under the Office of the Architect of the Capitol, the Botanic Garden, and the Library of Congress, for whom a basic administrative workweek is established under
(C) an individual employed by the government of the District of Columbia.
(2) The term "employee" does not include—
(A) an employee on the Isthmus of Panama in the service of the Panama Canal Commission; or
(B) an employee or individual excluded from the definition of employee in
(3) Notwithstanding paragraph (2), an individual who otherwise would be excluded from the definition of employee shall be deemed to be an employee for purposes of this section if the individual's employing agency so elects, under guidelines in regulations promulgated by the Office of Personnel Management under subsection (d)(2).
(d)(1) The Office of Personnel Management may prescribe regulations, subject to the approval of the President, necessary for the administration of this section insofar as this section affects employees in or under an Executive agency.
(2) The Office of Personnel Management shall provide guidelines by regulation for exemptions to be made by the heads of agencies under subsection (c)(3). Such guidelines shall provide for such exemptions only under exceptional circumstances.
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| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | June 30, 1945, ch. 212, §604(b), (e) (last 27 words, as applicable to subsection (b)), July 31, 1959, |
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| (b) | June 30, 1945, ch. 212, §604(d), (e) (last 27 words, less applicability to subsection (b)), |
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| Oct. 28, 1949, ch. 782, §1203, June 20, 1958, Aug. 14, 1964, |
In subsection (a), the words "Beginning not later than October 1, 1945" are omitted as executed. Paragraphs (1) and (3) are substituted for the words "all officers and employees of the organizations referred to in subsection (a) of this section". In paragraph (A), the words "Canal Zone Government" and "Panama Canal Company" are substituted for "The Panama Canal" and "Panama Railroad Company" on authority of the Act of Sept. 26, 1950, ch. 1049, §2(a),
In subsection (b), the exception in the last sentence is added on authority of former section 902, which is carried into section 5541.
Subsection (c) is added on authority of former section 945, which is carried into section 5548. The words "an Executive agency" are substituted for "the executive branch of the Government" to conform to the definition in section 105. Applicability of this section to employees of the General Accounting Office is based on former section 933a.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
1967 Act
This section amends
Editorial Notes
Amendments
2003—Subsecs. (a), (b).
Subsec. (c).
Subsec. (d).
1986—Subsec. (b).
1979—Subsec. (a)(A).
Subsec. (a)(B).
1978—Subsec. (a).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Effective Date of 1979 Amendments
Amendment by
Amendment by
Effective Date of 1978 Amendment
Amendment by section 408(a)(1) of
Amendment by section 906(a)(2) of
Determination of Hourly Rate
"(1) Notwithstanding any other provision of law, effective with respect to pay periods beginning in fiscal years 1984 and 1985, and applicable in the case of an employee as defined in
"(2) Paragraph (1) shall not apply in determining basic pay for purposes of subchapter III of
"(3) The Office of Personnel Management may prescribe regulations necessary for the administration of this subsection insofar as this subsection affects employees in or under an Executive agency.
"(4) Notwithstanding any other provision of this subsection, paragraph (1) shall not be effective with respect to pay periods beginning before the effective date of any increase under
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Executive Documents
Delegation of Functions
Functions vested in Office of Personnel Management under this section insofar as it affects officers and employees 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
§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
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| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| June 30, 1906, ch. 3914, §6, June 30, 1945, ch. 212, §604(c) (2d sentence), |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§5506. Computation of extra pay based on standard or daylight saving time
When an employee as defined by
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| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Sept. 7, 1949, ch. 538, §2, |
Standard changes are made to conform with the definitions 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
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| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Dec. 11, 1926, ch. 4, §2, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§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
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| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 2, 1953, ch. 178, §1 "(c)(1) (last sentence)", |
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.
§5509. Appropriations
There are authorized to be appropriated sums necessary to carry out the provisions of this title.
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| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| [Uncodified]. | June 30, 1945, ch. 212, §609, |
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| [Uncodified]. | Oct. 28, 1949, ch. 782, §1107, |
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| [Uncodified]. | Sept. 30, 1950, ch. 1123, §13, |
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| Sept. 1, 1954, ch. 1212, §4(a) "Sec. 1510", |
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| [Uncodified]. | Sept. 6, 1960, |
The remainder of the authority for this section is implied 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 Appropriations; Restriction on Appropriations
"(a)
"(1) for each of fiscal years 2003, 2004, 2005, 2006, and 2007 such sums as necessary to carry out subchapter I of
"(2) for each of fiscal years 2018 through 2023 such sums as necessary to carry out subchapter II of
"(b)
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