--- kind: "section" citation: "5 U.S.C. § 5502" title: "5" title_heading: "Government Organization and Employees" number: "5502" heading: "Unauthorized office; prohibition on use of funds" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/5/5502" units: - "Part III — Employees" - "Subpart D — Pay and Allowances" - "Chapter 55 — Pay Administration" - "Subchapter I — General Provisions" --- # §5502. Unauthorized office; prohibition on use of funds - (a) Payment for [services](/usc/5/8401.md?p=26) may not be made from the Treasury of the [United States](/usc/5/7103.md?p=a-18) to an individual acting or assuming to act as an officer in the civil [service](/usc/5/8401.md?p=26) or uniformed [services](/usc/5/8401.md?p=26) in an [office](/usc/5/5402.md?p=3) which is not authorized by existing law, unless the [office](/usc/5/5402.md?p=3) is later sanctioned by law. - (b) Except as otherwise provided by statute, public money and appropriations may not be used for [pay](/usc/5/7511.md?p=a-4) or allowance for an individual employed by an official of the [United States](/usc/5/7103.md?p=a-18) retired from [active service](/usc/5/3501.md?p=a-1). ## Source credit (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 475.) ## Notes | Historical and Revision Notes | | | | --- | --- | --- | | Derivation | U.S. Code | Revised Statutes and
Statutes 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.