Title 5 — Government Organization and EmployeesRelease 119-73
§5502 Unauthorized office; prohibition on use of funds
Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart D— - Pay and Allowances › Chapter CHAPTER 55— - PAY ADMINISTRATION › Subchapter SUBCHAPTER I— - GENERAL PROVISIONS › § 5502
Summary
Federal funds cannot pay officers serving in federal jobs that have no legal authorization unless a law later approves those jobs; nor can federal money pay people hired by retired U.S. officials unless another law allows it.
Full Legal Text
Title 5, §5502
Government Organization and Employees — Source: USLM XML via OLRC
(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.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
DerivationU.S. CodeRevised Statutes andStatutes at Large (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.
Reference
Citations & Metadata
Citation
5 U.S.C. § 5502
Title 5 — Government Organization and Employees
Last Updated
Apr 6, 2026
Release point: 119-73