Title 5Government Organization and EmployeesRelease 119-73not60

§5512 Withholding Pay; Individuals in Arrears

Title 5 › Part III— EMPLOYEES › Subpart D— Pay and Allowances › Chapter 55— PAY ADMINISTRATION › Subchapter II— WITHHOLDING PAY › § 5512

Last updated Apr 3, 2026|Official source

Summary

If someone owes money to the United States, their pay is withheld until it is repaid. On request by the person, agent, or lawyer, the agency must tell the Attorney General, who must start a lawsuit within 60 days.

Full Legal Text

Title 5, §5512

Government Organization and Employees — Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 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 Notes

Amendments

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”.

Reference

Citations & Metadata

Citation

5 U.S.C. § 5512

Title 5Government Organization and Employees

Last Updated

Apr 3, 2026

Release point: 119-73not60