5 U.S.C. § 5512

Withholding pay; individuals in arrears

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 5 CasesGoogle Scholar

(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.)

Historical and Revision Notes
	5 U.S.C. 82.	R.S. § 1766.

Historical and Revision Notes

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.

Editorial NotesAmendments

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”.

Notes of Decisions

Cited in 8 cases, 1968–1993 · leading case: United States v. Antonelli, 37 M.J. 932 (1993).

Sort: Relevance Newest Treatment

United States v. Antonelli, 37 M.J. 932 (1993). · cites it 4× “3239) (current version at 5 U.S.C. § 5512 ) that provided: No money shall be paid to any person for his compensation who is in arrears to the United States, until he has accounted for and paid into the Treasury all sums for which he may be liable.”

Edward Jarecki v. United States, 590 F.2d 670 (7th Cir. 1979). “None of the plaintiffs exhausted the extensive remedies provided by the Classification Act, 13 see 5 U.S.C. § 5512 ; 5 C.F.R. §§ 511:601 et seq.”

Serrano v. United States, 222 Ct. Cl. 52 (Ct. Cl. 1979). · cites it 2× “Also, pursuant to 5 U.S.C. § 5512 , the Navy withheld a total of $5,845.”

Atwater v. Roudebush, 452 F. Supp. 622 (N.D. Ill. 1976). “Government officials are authorized by 5 U.S.C. § 5512 to withhold the pay of “any individual” in debt to the Government.”

Parker v. United States, 187 Ct. Cl. 553 (Ct. Cl. 1969). “] Reenacted as 5 U.S.C. § 5512 (Supp. II, 1964). Act of Sept.”

Requirement to Hold Evidentiary Hearing Before Withholding Wages of Fed. Emp. in Satisfaction of Debt Allegedly Owed the United States (OLC 1979). · cites it 2× “R, IMMIGRATION AND NATURALIZATION SERVICE Due Process—United States (as Creditor)— Withholding Wages of Federal Employee (as Debtor) in Satisfaction of Debt Allegedly Owed the Government This responds to your request for our guidance whether the Immigra tion and Naturalization…”

Comptroller Gen.'s Auth. to Relieve Disbursing & Certifying Officials From Liab. (OLC 1991). “McGINNIS Deputy Assistant Attorney General Office o f Legal Counsel 10 Under 5 U.S.C. § 5512 (a), the pay o f an accountable official “in arrears to the U nited States shall be withheld until he has accounted for and paid into the Treasury o f the United States all sums for…”

Harold M. Arnold v. The United States, 404 F.2d 953 (Ct. Cl. 1968). “§ 82 , now 5 U.S.C. § 5512 (Supp. III, 1965-67)) governs only disbursing and accountable officers, not a withholding from an officer who has illegally or erroneously received public funds for his own use.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.