
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC5535]

 
             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. 5535. Extra pay for details prohibited

    (a) An officer may not receive pay in addition to the pay for his 
regular office for performing the duties of a vacant office as 
authorized by sections 3345-3347 of this title.
    (b) An employee may not receive--
        (1) additional pay or allowances for performing the duties of 
    another employee; or
        (2) pay in addition to the regular pay received for employment 
    held before his appointment or designation as acting for or instead 
    of an occupant of another position or employment.

This subsection does not prevent a regular and permanent appointment by 
promotion from a lower to a higher grade of employment.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 484.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(a)................  5 U.S.C. 9.                   R.S. Sec.  182.
(b)................  5 U.S.C. 69 (1st 34 words).   R.S. Sec.  1764 (1st
                                                    34 words).
                     5 U.S.C. 72.                  Aug. 1, 1914, ch.
                                                    223, Sec.  12, 38
                                                    Stat. 680.
------------------------------------------------------------------------

    Subsection (a) was part of title IV of the Revised Statutes. The Act 
of July 26, 1947, ch. 343, Sec. 201(d), as added Aug. 10, 1949, ch. 412, 
Sec. 4, 63 Stat. 579 (former 5 U.S.C. 171-1), which provides ``Except to 
the extent inconsistent with the provisions of this Act [National 
Security Act of 1947], the provisions of title IV of the Revised 
Statutes as now or hereafter amended shall be applicable to the 
Department of Defense'' is omitted from this title but is not repealed.
    In subsection (a), the words ``regular office'' are coextensive with 
and substituted for ``proper office''.
    In subsection (b), former sections 69 (1st 34 words) and 72 are 
combined and restated for clarity and conciseness. The word ``employee'' 
is coextensive with and substituted for ``officer or clerk'', ``officer 
or clerk in the same or any other department'', and ``person employed in 
the service of the United States''. The words ``under any general or 
lump-sum appropriation'' are omitted as unnecessary.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                  Section Referred to in Other Sections

    This section is referred to in title 22 sections 3664, 3971; title 
39 section 1001.
