§5512. Withholding pay; individuals in arrears

(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 .)

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".