§5502 — Title 5 Government Organization and Employees | U.S. Code

Summary

The U.S. government must not pay anyone who is acting as an officer in the civil service or military/uniformed services for a job that the law does not allow, unless that job is later made legal by law. Also, public funds cannot be used to pay a person hired by a U.S. official who has retired from active service, unless another law specifically allows it.

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.

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.

§5502 Unauthorized Office; Prohibition on Use of Funds

Summary

Title 5, §5502

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata