
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC5533]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                     CHAPTER 55--PAY ADMINISTRATION
 
               SUBCHAPTER IV--DUAL PAY AND DUAL EMPLOYMENT
 
Sec. 5533. Dual pay from more than one position; limitations; 
        exceptions
        
    (a) Except as provided by subsections (b), (c), and (d) of this 
section, an individual is not entitled to receive basic pay from more 
than one position for more than an aggregate of 40 hours of work in one 
calendar week (Sunday through Saturday).
    (b) Except as otherwise provided by subsection (c) of this section, 
the Office of Personnel Management, subject to the supervision and 
control of the President, may prescribe regulations under which 
exceptions may be made to the restrictions in subsection (a) of this 
section when appropriate authority determines that the exceptions are 
warranted because personal services otherwise cannot be readily 
obtained.
    (c)(1) Unless otherwise authorized by law and except as otherwise 
provided by paragraph (2) or (4) of this subsection, appropriated funds 
are not available for payment to an individual of pay from more than one 
position if the pay of one of the positions is paid by the Secretary of 
the Senate or the Chief Administrative Officer of the House of 
Representatives, or one of the positions is under the Office of the 
Architect of the Capitol, and if the aggregate gross pay from the 
positions exceeds $7,724 a year ($10,540, in the case of pay disbursed 
by the Secretary of the Senate).
    (2) Notwithstanding paragraph (1) of this subsection, appropriated 
funds are not available for payment to an individual of pay from more 
than one position, for each of which the pay is disbursed by the Chief 
Administrative Officer of the House of Representatives, if the aggregate 
gross pay from those positions exceeds the maximum per annum gross rate 
of pay authorized to be paid to an employee out of the clerk hire 
allowance of a Member of the House.
    (3) For the purposes of this subsection, ``gross pay'' means the 
annual rate of pay (or equivalent thereof in the case of an individual 
paid on other than an annual basis) received by an individual.
    (4) Paragraph (1) of this subsection does not apply to pay on a 
when-actually-employed basis received from more than one consultant or 
expert position if the pay is not received for the same day.
    (d) Subsection (a) of this section does not apply to--
        (1) pay on a when-actually-employed basis received from more 
    than one consultant or expert position if the pay is not received 
    for the same hours of the same day;
        (2) pay consisting of fees paid on other than a time basis;
        (3) pay received by a teacher of the public schools of the 
    District of Columbia for employment in a position during the summer 
    vacation period;
        (4) pay paid by the Tennessee Valley Authority to an employee 
    performing part-time or intermittent work in addition to his normal 
    duties when the Authority considers it to be in the interest of 
    efficiency and economy;
        (5) pay received by an individual holding a position--
            (A) the pay of which is paid by the Secretary of the Senate 
        or the Chief Administrative Officer of the House of 
        Representatives; or
            (B) under the Architect of the Capitol;

        (6) pay paid by the United States Coast Guard to an employee 
    occupying a part-time position of lamplighter; and
        (7) pay within the purview of any of the following statutes:
            (A) section 162 of title 2;
            (B) section 23(b) of title 13;
            (C) section 327 of title 15;
            (D) section 907 of title 20;
            (E) section 873 of title 33; or
            (F) section 631 or 631a of title 31, District of Columbia 
        Code.
            [(G) Repealed. Pub. L. 96-70, title III, Sec. 3302(e)(8), 
        Sept. 27, 1979, 93 Stat. 498.]

    (e)(1) This section does not apply to an individual employed under 
sections 174j-1 to 174j-7 or 174k of title 40.
    (2) Subsection (c) of this section does not apply to pay received by 
a teacher of the public schools of the District of Columbia for 
employment in a position during the summer vacation period.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 483; Pub. L. 90-57, 
Sec. 105(h), July 28, 1967, 81 Stat. 143; Pub. L. 90-206, title II, 
Sec. 214(o), Dec. 16, 1967. 81 Stat. 637; Pub. L. 91-510, title IV, 
Sec. 477(d), Oct. 26, 1970, 84 Stat. 1195; Pub. L. 93-140, Sec. 23, Oct. 
26, 1973, 87 Stat. 508; Pub. L. 93-145, Sec. 101, Nov. 1, 1973, 87 Stat. 
532; Pub. L. 94-183, Sec. 2(21), Dec. 31, 1975, 89 Stat. 1058; Pub. L. 
94-440, title I, Sec. 103, Oct. 1, 1976, 90 Stat. 1443; Pub. L. 95-454, 
title IX, Sec. 906(a)(2), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96-70, 
title III, Sec. 3302(e)(8), Sept. 27, 1979, 93 Stat. 498; Pub. L. 104-
186, title II, Sec. 215(7), Aug. 20, 1996, 110 Stat. 1745.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 3105 (less (e)).     Aug. 19, 1964, Pub.
                                                    L. 88-448, Sec.  301
                                                    (less (e)), 78 Stat.
                                                    488.
------------------------------------------------------------------------

    In subsection (a), the words ``an individual'' are substituted for 
``civilian personnel''.
    In subsection (b), the words ``and issue'' are omitted as 
surplusage.
    In subsection (c), the words ``appropriated funds are not'' are 
substituted for ``no funds appropriated by any Act shall be''. The words 
``$2,000 a year'' are substituted for ``the sum of $2,000 per annum''.
    In subsection (d)(7)(D), reference to ``section 907 of title 20'' is 
substituted for 5 U.S.C. 3105(d)(7)(F) to reflect the scheduled transfer 
of 5 U.S.C. 2358(b) to title 20.
    In subsection (d)(7)(H), the words ``of chapter 7'' are omitted as 
surplusage.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.


                               Amendments

    1996--Subsecs. (c)(1), (2), (d)(5)(A). Pub. L. 104-186 substituted 
``Chief Administrative Officer'' for ``Clerk''.
    1979--Subsec. (d)(7). Pub. L. 96-70 struck out subpar. (G) which 
made reference to section 102 of title 2, Canal Zone Code.
    1978--Subsec. (b). Pub. L. 95-454 substituted ``Office of Personnel 
Management'' for ``Civil Service Commission''.
    1976--Subsec. (c)(1). Pub. L. 94-440 inserted ``($10,540, in the 
case of pay disbursed by the Secretary of the Senate)'' after ``exceeds 
$7,724 a year''.
    1975--Subsec. (d)(7). Pub. L. 94-183 struck out subpar. (F) relating 
to section 3335 (a) or (c) of title 39, and redesignated subpars. (G) 
and (H) as (F) and (G), respectively.
    1973--Subsec. (c)(1), (4). Pub. L. 93-145 inserted reference to par. 
(4) in par. (1) and added par. (4).
    Subsec. (e). Pub. L. 93-140 designated existing provisions as par. 
(1) and added par. (2).
    1970--Subsec. (c)(1). Pub. L. 91-510 inserted ``and except as 
otherwise provided by paragraph (2) of this section'' after ``authorized 
by law'' and substituted ``if the aggregate gross pay from the positions 
exceeds $7,724 a year'' for ``if--
    ``(A) the pay of one or more of the positions is fixed at a single 
gross per annum rate, and the aggregate gross pay from the positions 
exceeds $6,256 a year, or
    ``(B) the pay of each such position is fixed at a basic rate plus 
additional compensation authorized by law, and the aggregate basic pay 
of the positions exceeds $2,000 a year''.
    Subsec. (c)(2). Pub. L. 91-510 substituted provision making 
appropriated funds unavailable for payment to an individual of pay from 
more than one position, for each of which pay is disbursed by the Clerk 
of the House, if the aggregate gross pay from those positions exceeds 
the maximum per annum gross rate of pay authorized to be paid to an 
employee out of clerk hire allowance of a Member of the House for 
definition of ``gross pay'', now incorporated in cl. (3).
    Subsec. (c)(3). Pub. L. 91-510 redesignated former cl. (2) as (3) 
and deleted provision which included in gross pay of an individual 
receiving basic pay plus additional compensation provided by law the 
aggregate amount received as basic and additional compensation, but 
excluded sums received as premium pay under subchapter V of this 
chapter.
    1967--Subsec. (c). Pub. L. 90-206 provided for an increase in the 
aggregate gross pay allowed to certain specified congressional employees 
on two payrolls as dual office compensation.
    Pub. L. 90-57 designated existing dual pay limitation provisions 
relating to basic compensation as par. (1), redesignated cls. (1) and 
(2) as (A) and (B), eliminated from cl. (A) provision for pay for one of 
the positions by the Secretary of the Senate and restricted such cl. (A) 
to payments in case of employees receiving basic rates of compensation 
and added par. (2) dual pay limitations applicable to aggregate gross 
compensation of employees receiving single per annum rates of 
compensation.


                    Effective Date of 1979 Amendment

    Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section 3304 
of Pub. L. 96-70, set out as an Effective Date note under section 3601 
of Title 22, Foreign Relations and Intercourse.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978, 
see section 907 of Pub. L. 95-454, set out as a note under section 1101 
of this title.


                    Effective Date of 1970 Amendment

    Amendment by Pub. L. 91-510 effective immediately prior to noon on 
Jan. 3, 1971, see section 601(1) of Pub. L. 91-510, set out as a note 
under section 72a of Title 2, The Congress.


                    Effective Date of 1967 Amendments

    Amendment by Pub. L. 90-206 effective at beginning of first pay 
period which begins on or after Dec. 16, 1967, see section 220(a)(3) of 
Pub. L. 90-206, set out as a note under section 603 of Title 28, 
Judiciary and Judicial Procedure.
    Amendment by Pub. L. 90-57, effective Aug. 1, 1967, see section 
105(k) of Pub. L. 90-57, set out as an Effective Date note under section 
61-1 of Title 2, The Congress.


   Increase in Compensation of Individuals Whose Pay is Disbursed by 
                           Secretary of Senate

    2001--The figure ``$25,362'' in subsec. (c)(1) of this section to be 
deemed to refer, effective Jan. 1, 2001, to the figure ``$26,329'', see 
section 9 of Salary Directive of President pro tempore of the Senate, 
Dec. 20, 2000, set out as a note under section 60a-1 of Title 2, The 
Congress.
    2000--The figure ``$10,540'' in subsec. (c)(1) of this section to be 
deemed to refer, effective Jan. 1, 2000, to the figure ``$25,362'', see 
section 9 of Salary Directive of President pro tempore of the Senate, 
Dec. 12, 1999, formerly set out as a note under section 60a-1 of Title 
2.
    1999--The figure ``$10,540'' in subsec. (c)(1) of this section to be 
deemed to refer, effective Jan. 1, 1999, to the figure ``$24,433'', see 
section 9 of Salary Directive of President pro tempore of the Senate, 
Dec. 16, 1998, formerly set out as a note under section 60a-1 of Title 
2.
    1998--The figure ``$10,540'' in subsec. (c)(1) of this section to be 
deemed to refer, effective Jan. 1, 1998, to the figure ``$23,698'', see 
section 9 of Salary Directive of President pro tempore of the Senate, 
Dec. 19, 1997, formerly set out as a note under section 60a-1 of Title 
2.
    1997--The figure ``$10,540'' in subsec. (c)(1) of this section to be 
deemed to refer, effective Jan. 1, 1997, to the figure ``$23,165'', see 
section 9 of Salary Directive of President pro tempore of the Senate, 
Dec. 18, 1996, formerly set out as a note under section 60a-1 of Title 
2.
    1995--The figure ``$10,540'' in subsec. (c)(1) of this section to be 
deemed to refer, effective Jan. 1, 1995, to the figure ``$22,200'', see 
section 9 of Salary Directive of President pro tempore of the Senate, 
Dec. 28, 1994, formerly set out as a note under section 60a-1 of Title 
2.
    1993--The figure ``$10,540'' in subsec. (c)(1) of this section to be 
deemed to refer, effective Jan. 1, 1993, to the figure ``$21,764'', see 
section 9 of Salary Directive of President pro tempore of the Senate, 
Dec. 17, 1992, formerly set out as a note under section 60a-1 of Title 
2.
    1992--The figure ``$10,540'' in subsec. (c)(1) of this section to be 
deemed to refer, effective Jan. 1, 1992, to the figure ``$20,987'', see 
section 9 of Salary Directive of President pro tempore of the Senate, 
Dec. 18, 1991, formerly set out as a note under section 60a-1 of Title 
2.
    1991--The figure ``$10,540'' in subsec. (c)(1) of this section to be 
deemed to refer, effective Jan. 1, 1991, to the figure ``$20,141'', see 
section 9 of Salary Directive of President pro tempore of the Senate, 
Dec. 20, 1990, formerly set out as a note under section 60a-1 of Title 
2.
    1990--The figure ``$10,540'' in subsec. (c)(1) of this section to be 
deemed to refer, effective Jan. 1, 1990, to the figure ``$19,347'', see 
section 9 of Salary Directive of President pro tempore of the Senate, 
Dec. 21, 1989, formerly set out as a note under section 60a-1 of Title 
2.
    1989--The figure ``$10,540'' in subsec. (c)(1) of this section to be 
deemed to refer, effective Jan. 1, 1989, to the figure ``$18,674'', see 
section 9 of Salary Directive of President pro tempore of the Senate, 
Dec. 9, 1988, formerly set out as a note under section 60a-1 of Title 2.
    1988--The figure ``$10,540'' in subsec. (c)(1) of this section to be 
deemed to refer, effective Jan. 1, 1988, to the figure ``$17,938'', see 
section 9 of Salary Directive of President pro tempore of the Senate, 
Jan. 4, 1988, formerly set out as a note under section 60a-1 of Title 2.
    1987--The figure ``$10,540'' in subsec. (c)(1) of this section to be 
deemed to refer, effective Jan. 1, 1987, to the figure ``$17,586'', see 
section 9 of Salary Directive of President pro tempore of the Senate, 
Dec. 19, 1986, formerly set out as a note under section 60a-1 of Title 
2.
    1985--The figure ``$10,540'' in subsec. (c)(1) of this section to be 
deemed to refer, effective Jan. 1, 1985, to the figure ``$17,073'', see 
section 9 of Salary Directive of President pro tempore of the Senate, 
Jan. 4, 1985, formerly set out as a note under section 60a-1 of Title 2.
    1984--The figure ``$10,540'' in subsec. (c)(1) of this section to be 
deemed to refer, effective Jan. 1, 1984, to the figure ``$16,495'', see 
section 9 of Salary Directive of President pro tempore of the Senate, 
Dec. 20, 1983, formerly set out as a note under section 60a-1 of Title 
2.
    1982--The figure ``$10,540'' in subsec. (c)(1) of this section to be 
deemed to refer, effective Oct. 1, 1982, to the figure ``$15,860'', see 
section 9 of Salary Directive of President pro tempore of the Senate, 
Oct. 1, 1982, formerly set out as a note under section 60a-1 of Title 2.
    1980--The figure ``$10,540'' in subsec. (c)(1) of this section to be 
deemed to refer, effective Oct. 1, 1980, to the figure ``$14,551'', see 
section 9 of Salary Directive of President pro tempore of the Senate, 
Oct. 1, 1980, formerly set out as a note under section 60a-1 of Title 2.
    1979--The figure ``$10,540'' in subsec. (c)(1) of this section to be 
deemed to refer, effective Oct. 1, 1979, to the figure ``$13,337'', see 
section 9 of Salary Directive of President pro tempore of the Senate, 
Oct. 13, 1979, formerly set out as a note under section 60a-1 of Title 
2.
    1978--The figure ``$10,540'' in subsec. (c)(1) of this section to be 
deemed to refer, effective Oct. 1, 1978, to the figure ``$12,480'', see 
section 9 of Salary Directive of President pro tempore of the Senate, 
Oct. 9, 1978, formerly set out as a note under section 60a-1 of Title 2.
    1977--The figure ``$10,540'' in subsec. (c)(1) of this section to be 
deemed to refer, effective Oct. 1, 1977, to the figure ``$11,830'', see 
section 9 of Salary Directive of President pro tempore of the Senate, 
Sept. 27, 1977, formerly set out as a note under section 60a-1 of Title 
2.
    1976--The figure ``$10,540'' in subsec. (c)(1) of this section to be 
deemed to refer, effective Oct. 1, 1976, to the figure ``$11,050'', see 
section 9 of Salary Directive of President pro tempore of the Senate, 
Oct. 8, 1976, formerly set out as a note under section 60a-1 of Title 2.
    1973--The figure ``7,724'' in subsection (c)(1) of this section, 
deemed to refer, effective Jan. 1, 1973, to the figure ``9,080'', see 
section 9 of Salary Directive of President pro tempore of the Senate, 
Dec. 16, 1972, formerly set out as a note under section 60a-1 of Title 
2.
    1972--The figure ``7,724'' in subsection (c)(1) of this section, 
deemed to refer, effective Jan. 1, 1972, to the figure ``8,637'', see 
section 9 of Salary Directive of President pro tempore of the Senate, 
Dec. 23, 1971, formerly set out as a note under section 60a-1 of Title 
2.
    1971--The figure ``7,724'' in subsection (c)(1) of this section, 
deemed to refer, effective Feb. 1, 1971, to the figure ``8,187'', see 
section 9 of Salary Directive of President pro tempore of the Senate, 
Jan. 15, 1971, formerly set out as a note under section 60a-1 of Title 
2.
    1970--Adjustment by President pro tempore of the Senate with respect 
to Senate, by Finance Clerk of House with respect to House of 
Representatives, and by Architect of Capitol with respect to Office of 
Architect of Capitol, effective on the first day of the first pay period 
which begins on or after Dec. 27, 1969, of rates of pay of employees of 
legislative branch subject to section 214 of Pub. L. 90-206 with certain 
exceptions, by amounts of adjustment for corresponding rates for 
employees subject to the General Schedule, set out in section 5332 of 
this title, which had been made by section 2 of Pub. L. 91-231 raising 
such rates by 6 percent, see Pub. L. 91-231, set out as a note under 
section 5332 of this title.
    1969--The figure ``6,662'' in subsection (c)(1)(A) of this section, 
as increased by Order of June 12, 1968, deemed, on and after July 1, 
1969, to refer to the figure ``7,287'', see section 4(d) of Salary 
Directive of President pro tempore of the Senate, June 17, 1969, 
formerly set out as a note under section 60a-1 of Title 2.
    1968--The figure ``6,256'' in subsection (c)(1)(A) of this section 
deemed to refer, on and after July 1, 1968, to the figure ``6,622'', see 
section 1(i) of Salary Directive of President pro tempore of the Senate, 
June 12, 1968, formerly set out as a note under section 60a-1 of Title 
2.

                  Section Referred to in Other Sections

    This section is referred to in section 5531 of this title; title 2 
section 162; title 13 section 23; title 15 section 327; title 20 section 
907; title 22 sections 2396, 3664; title 25 section 2012; title 33 
section 873; title 39 section 1001.
