§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 General Accounting Office, 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 .)

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.

Amendments

1972-Subsec. (b). Pub. L. 92–310 struck out "and his sureties" after "against the individual".

Cross References

Armed Forces, withholding pay of officers, see section 1007 of Title 37, Pay and Allowances of the Uniformed Services.

Coast Guard, pay of enlisted men indebted to United States, see section 461 of Title 14, Coast Guard.

Deductions from military and civilian pay for recovery of erroneous payments, see section 5514 of this title.

Section Referred to in Other Sections

This section is referred to in title 37 section 1007.