Us Code § 5408 - Appropriations

Full text of Us Code United States Code § 5408 — Appropriations, with citation guidance and answers to common questions.

§ 5408. Appropriations

There is authorized to be appropriated $500,000,000 for fiscal year 2004, and, for each subsequent fiscal year, such sums as may be necessary to carry out the provisions of this chapter. In the first year of implementation, up to 10 percent of the amount appropriated to the Fund shall be available to participating agencies to train supervisors, managers, and other individuals involved in the appraisal process on using performance management systems to make meaningful distinctions in employee performance and on the use of the Fund.

(Added Pub. L. 108–136, div. A, title XI, §1129(a), Nov. 24, 2003, 117 Stat. 1645.)


Editorial Notes

Prior Provisions

Prior sections 5408 to 5410 were repealed by Pub. L. 103–89, §3(a)(1), (c), Sept. 30, 1993, 107 Stat. 981, 983, effective Nov. 1, 1993.

Section 5408, added Pub. L. 98–615, title II, §201(a), Nov. 8, 1984, 98 Stat. 3214, required annual reports by Office of Personnel Management.

Section 5409, added Pub. L. 98–615, title II, §201(a), Nov. 8, 1984, 98 Stat. 3214, directed Office of Personnel Management to prescribe regulations.

Section 5410, added Pub. L. 98–615, title II, §201(a), Nov. 8, 1984, 98 Stat. 3214; amended Pub. L. 101–103, §2, Sept. 30, 1989, 103 Stat. 670; Pub. L. 102–22, §2(c), Mar. 28, 1991, 105 Stat. 71; Pub. L. 103–89, §2, Sept. 30, 1993, 107 Stat. 981, related to termination of chapter and accompanying regulations.

CHAPTER 55—PAY ADMINISTRATION

SUBCHAPTER I—GENERAL PROVISIONS

Sec.
5501.
Disposition of money accruing from lapsed salaries or unused appropriations for salaries.
5502.
Unauthorized office; prohibition on use of funds.
5503.
Recess appointments.
5504.
Biweekly pay periods; computation of pay.
5505.
Monthly pay periods; computation of pay.
5506.
Computation of extra pay based on standard or daylight saving time.
5507.
Officer affidavit; condition to pay.
5508.
Officer entitled to leave; effect on pay status.
5509.
Appropriations.

        

SUBCHAPTER II—WITHHOLDING PAY

5511.
Withholding pay; employees removed for cause.
5512.
Withholding pay; individuals in arrears.
5513.
Withholding pay; credit disallowed or charge raised for payment.
5514.
Installment deduction for indebtedness because of erroneous payment.1

        

5515.
Crediting amounts received for jury or witness service.
5516.
Withholding District of Columbia income taxes.
5517.
Withholding State income taxes.
5518.
Deductions for State retirement systems; National Guard employees.
5519.
Crediting amounts received for certain Reserve or National Guard service.
5520.
Withholding of city or county income or employment taxes.
5520a.
Garnishment of pay.

        

SUBCHAPTER III—ADVANCEMENT, ALLOTMENT, AND ASSIGNMENT OF PAY

5521.
Definitions.
5522.
Advance payments; rates; amounts recoverable.
5523.
Duration of payments; rates; active service period.
5524.
Review of accounts.
5524a.
Advance payments for new appointees and employees relocating within the United States and its territories.
5525.
Allotment and assignment of pay.
5526.
Funds available on reimbursable basis.
5527.
Regulations.

        

SUBCHAPTER IV—DUAL PAY AND DUAL EMPLOYMENT

5531.
Definitions.
[5532.
Repealed.]
5533.
Dual pay from more than one position; limitations; exceptions.
5534.
Dual employment and pay of Reserves and National Guardsmen.
5534a.
Dual employment and pay during terminal leave from uniformed services.
5535.
Extra pay for details prohibited.
5536.
Extra pay for extra services prohibited.
5537.
Fees for jury and witness service.
5538.
Nonreduction in pay while serving in the uniformed services or National Guard.

        

SUBCHAPTER V—PREMIUM PAY

5541.
Definitions.
5542.
Overtime rates; computation.
5543.
Compensatory time off.
5544.
Wage-board overtime and Sunday rates; computation.
5545.
Night, standby, irregular, and hazardous duty differential.
5545a.
Availability pay for criminal investigators.
5545b.
Pay for firefighters.
5546.
Pay for Sunday and holiday work.
5546a.
Differential pay for certain employees of the Federal Aviation Administration and the Department of Defense.
5547.
Limitation on premium pay.
5548.
Regulations.
5549.
Effect on other statutes.
5550.
Border patrol rate of pay.
5550a.
Compensatory time off for religious observances.
5550b.
Compensatory time off for travel.

        

SUBCHAPTER VI—PAYMENT FOR ACCUMULATED AND ACCRUED LEAVE

5551.
Lump-sum payment for accumulated and accrued leave on separation.
5552.
Lump-sum payment for accumulated and accrued leave on entering active duty; election.
5553.
Regulations.

        

SUBCHAPTER VII—PAYMENTS TO MISSING EMPLOYEES

5561.
Definitions.
5562.
Pay and allowances; continuance while in a missing status; limitations.
5563.
Allotments; continuance, suspension, initiation, resumption, or increase while in a missing status; limitations.
5564.
Travel and transportation; dependents; household and personal effects; motor vehicles; sale of bulky items; claims for proceeds; appropriation chargeable.
5565.
Agency review.
5566.
Agency determinations.
5567.
Settlement of accounts.
5568.
Income tax deferment.
5569.
Benefits for captives.
5570.
Compensation for disability or death.

        

SUBCHAPTER VIII—SETTLEMENT OF ACCOUNTS

5581.
Definitions.
5582.
Designation of beneficiary; order of precedence.
5583.
Payment of money due; settlement of accounts.
5584.
Claims for overpayment of pay and allowances, and of travel, transportation and relocation expenses and allowances.

        

SUBCHAPTER IX—SEVERANCE PAY AND BACK PAY

[5591 to 5594. Repealed.]
5595.
Severance pay.
5596.
Back pay due to unjustified personnel action.
5597.
Separation pay.

        

Editorial Notes

Amendments

2016—Pub. L. 114–328, div. A, title XI, §1134(c)(2), Dec. 23, 2016, 130 Stat. 2459, substituted "Advance payments for new appointees and employees relocating within the United States and its territories" for "Advance payments for new appointees" in item 5524a.

2014—Pub. L. 113–277, §2(g)(3), Dec. 18, 2014, 128 Stat. 3005, added item 5550.

2009—Pub. L. 111–8, div. D, title VII, §751(b), Mar. 11, 2009, 123 Stat. 695, added item 5538.

2004—Pub. L. 108–411, title II, §203(b), Oct. 30, 2004, 118 Stat. 2313, added item 5550b.

1999—Pub. L. 106–65, div. A, title VI, §651(a)(2), Oct. 5, 1999, 113 Stat. 664, struck out item 5532 "Employment of retired members of the uniformed services; reduction in retired or retainer pay."

1998—Pub. L. 105–277, div. A, §101(h) [title VI, §628(b)], Oct. 21, 1998, 112 Stat. 2681–480, 2681–521, added item 5545b.

1994—Pub. L. 103–329, title VI, §633(b)(3), Sept. 30, 1994, 108 Stat. 2427, added item 5545a.

1993—Pub. L. 103–94, §9(b)(1), Oct. 6, 1993, 107 Stat. 1010, which directed amendment of table of chapters for chapter 55 of this title by adding item 5520a, was executed by adding item 5520a to table of sections for this chapter to reflect the probable intent of Congress.

1992—Pub. L. 102–484, div. D, title XLIV, §4436(a)(2), Oct. 23, 1992, 106 Stat. 2724, added item 5597.

Pub. L. 102–378, §2(44)(B), (45)(B), Oct. 2, 1992, 106 Stat. 1352, 1353, struck out item 5550 "Pay for Sunday and overtime work; employees of nonappropriated fund instrumentalities" and added item 5553.

1990—Pub. L. 101–509, title V, §529 [title I, §107(b)], Nov. 5, 1990, 104 Stat. 1427, 1449, added item 5524a.

1986—Pub. L. 99–399, title VIII, §803(b), Aug. 27, 1986, 100 Stat. 883, added items 5569 and 5570.

1985—Pub. L. 99–224, §1(b), Dec. 28, 1985, 99 Stat. 1741, substituted "and of travel, transportation and relocation expenses and allowances" for "other than travel and transportation expenses and allowances and relocation expenses" in item 5584.

1984—Pub. L. 98–525, title XV, §1537(c)(6)(B), Oct. 19, 1984, 98 Stat. 2636, inserted "and the Department of Defense" in item 5546a.

1982—Pub. L. 97–276, §151(c)(2), Oct. 2, 1982, 96 Stat. 1201, added item 5546a.

1978—Pub. L. 95–454, title III, §308(f)(2), Oct. 13, 1978, 92 Stat. 1151, substituted "members of the uniformed services; reduction in retired or retainer pay" for "officers of the uniformed services; reduction in retired or retirement pay; exceptions" in item 5532.

Pub. L. 95–390, title IV, §401(b), Sept. 29, 1978, 92 Stat. 762, added item 5550a.

1977—Pub. L. 95–30, title IV, §408(b), May 23, 1977, 91 Stat. 157, substituted "city or county" for "city" in item 5520.

1975—Pub. L. 94–183, §2(24), Dec. 31, 1975, 89 Stat. 1058, struck out "Sunday," after "Night," in item 5545.

1974—Pub. L. 93–340, §1(b), July 10, 1974, 88 Stat. 294, added item 5520.

1972—Pub. L. 92–453, §3(2), Oct. 2, 1972, 86 Stat. 760, substituted "overpayment of pay and allowances, other than travel and transportation expenses and allowances and relocation expenses" for "overpayment of pay" in item 5584.

Pub. L. 92–392, §10(b), Aug. 19, 1972, 86 Stat. 574, added item 5550.

1970—Pub. L. 91–563, §§2(b), 3(b), Dec. 19, 1970, 84 Stat. 1477, substituted "jury or witness service" for "jury service in State courts" in item 5515, and "jury and witness service" for "jury service in courts of the United States" in item 5537.

1968—Pub. L. 90–616, §1(b), Oct. 21, 1968, 82 Stat. 1212, added item 5584.

Pub. L. 90–588, §2(c), Oct. 17, 1968, 82 Stat. 1152, added item 5519.

1967—Pub. L. 90–83, §1(23), (26)(B), (28), (30), (35), Sept. 11, 1967, 81 Stat. 200, 201, 203, inserted items 5534a, 5595 and 5596, included Sunday rates in item 5544, Sunday and hazardous duty differential in item 5545 and Sundays in item 5546, substituted "Severance Pay and Back Pay" for "Back Pay" in heading of subchapter IX, and struck out items 5591 to 5594.


Statutory Notes and Related Subsidiaries

No Payment of Services to Individual in Acting or Temporary Capacity After Second Nomination for That Individual is Withdrawn or Returned to President

Pub. L. 111–8, div. D, title VII, §749, Mar. 11, 2009, 123 Stat. 693, provided that: "Effective January 20, 2009, and for each fiscal year thereafter, no part of any appropriation contained in this or any other Act may be used for the payment of services to any individual carrying out the responsibilities of any position requiring Senate advice and consent in an acting or temporary capacity after the second submission of a nomination for that individual to that position has been withdrawn or returned to the President."

No Payment to Person Filling Position After Vote by Senate Not To Approve Person's Nomination

Pub. L. 110–161, div. D, title VII, §709, Dec. 26, 2007, 121 Stat. 2021, provided that: "Hereafter, no part of any appropriation contained in this or any other Act shall be paid to any person for the filling of any position for which he or she has been nominated after the Senate has voted not to approve the nomination of said person."

1 Section catchline amended by Pub. L. 97–365 without corresponding amendment of chapter analysis.

SUBCHAPTER I—GENERAL PROVISIONS

About This Section

5 U.S.C. § 5408 is part of Title 5 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.

This section may be cited in legal writing as 5 U.S.C. § 5408. For the most current official text, including any recent amendments, use the official source links below. Do not rely on this page as the sole authority for legal citation or litigation.

How to Read This Statute

Statutes are organized by title, chapter, section, and subsection. Pay attention to words like "shall," "may," "and," and "or," because they determine whether a requirement is mandatory or permissive and whether multiple conditions must all be met. Historical notes and amendments often appear at the end of a section.

Using This Page

This page is intended for research and educational use. Lawyers, students, journalists, and compliance professionals can use it as a starting point, but should always verify the current text through an official government source before relying on it for legal advice, filings, or compliance decisions.

Sources

Related Us Code Legal Topics

Frequently Asked Questions About Us Code § 5408

What does United States Code § 5408 cover?

Section 5408 ("Appropriations") is part of the United States Code, the codified statutory law of Us Code. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Us Code § 5408?

A common citation format is "United States Code § 5408" (Us Code). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Us Code law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Us Code official source linked on this page or consult a licensed Us Code attorney.

How does Us Code § 5408 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Us Code can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Us Code.