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5 U.S.C. § 5533 — Dual pay from more than one position; limitations; exceptions

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5533 — Dual pay from more than one position; limitations; exceptions

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Stable record: federal_law:legal_authorities:record_usc_2a59c9c64cb90a38ac297f3c
Source file: Laws/federal/codes/united-states-code/title-5/section-5533-dual-pay-from-more-than-one-position-limitations-exceptions--8f86d604d1.md
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Source location: Title 5, Chapter 55, § 5533; chapter-055-pay-administration.md

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**(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, the Chief Administrative Officer of the House of Representatives, or the Chief of the Capitol Police, 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 ($10,540,11 See Increase in Compensation of Individuals Whose Pay is Disbursed by Secretary of Senate note below. 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 or the Chief of the Capitol Police, 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, the Chief Administrative Officer of the House of Representatives, or the Chief of the Capitol Police; 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section162&num=0&edition=prelim); (B) [section 23(b) of title 13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section23/b&num=0&edition=prelim); (C) [section 327 of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section327&num=0&edition=prelim); (D) [section 907 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section907&num=0&edition=prelim); (E) [section 873 of title 33](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section873&num=0&edition=prelim); or (F) section 631 or 631a of title 31, District of Columbia Code. (G) Repealed. Pub. L. 96–70, title III, § 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 22 See References in Text note below. 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.

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 4575 — Gross rate of compensation of employees paid by Secretary of Senate

**(a) Annual rate; certification** (1) Whenever the rate of compensation of any employee whose compensation is disbursed by the Secretary of the Senate is fixed or adjusted on or after October 1, 1980, such rate as so fixed or adjusted shall be at a single whole dollar per annum gross rate and may not include a fractional part of a dollar. (2) New or changed rates of compensation (other than changes in rates which are made by law) of any such employee (other than an employee who is an elected officer of the Senate) shall be certified in writing to the Disbursing Office of the Senate (and, for purposes of this paragraph, a new rate of compensation refers to compensation in the case of an appointment, transfer from one Senate appointing authority to another, or promotion by an appointing authority to a position the compensation for which is fixed by law). In the case of an appointment or other new rate of compensation, the certification must be received by such office on or before the day the rate of new compensation is to become effective. In any other case, the changed rate of compensation shall take effect on the first day of the month in which such certification is received (if such certification is received within the first ten days of such month), on the first day of the month after the month in which such certification is received (if the day on which such certification is received is after the twenty-fifth day of the month in which it is received), and on the sixteenth day of the month in which such certification is received (if such certification is received after the tenth day and before the twenty-sixth day of such month). Notwithstanding the preceding sentence, if the certification for a changed rate of compensation for an employee specifies an effective dat

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 4571 — Senate pay adjustments; action by President pro tempore of Senate

**(a)** Each time the President adjusts the rates of pay of employees under [section 5303 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5303&num=0&edition=prelim) (or section 5304 or 5304a of such title, as applied to employees employed in the pay locality of the Washington, D.C.-Baltimore, Maryland consolidated metropolitan statistical area) the President pro tempore of the Senate shall, as he considers appropriate— (1) (A) adjust the rates of pay of personnel whose pay is disbursed by the Secretary of the Senate, and any minimum or maximum rate applicable to any such personnel; (B) in the case of such personnel appointed to positions for which the rates of pay for the particular positions were fixed by or pursuant to law at specific rates on the day before the effective date of the amendments made by section 212 of the Legislative Branch Appropriations Act, 2020, adjust such rates; and (C) in the case of such personnel appointed to positions for which the maximum rates of pay for the particular positions were fixed by or pursuant to law on the day before such effective date, adjust such maximum rates; and (2) adjust any limitation or allowance applicable to such personnel; by percentages which are equal or equivalent, insofar as practicable, to the percentages of the adjustments made by the President under such section 5303 (and, as the case may be, section 5304 or 5304a of such title, as applied to employees employed in the pay locality of the Washington, D.C.-Baltimore, Maryland consolidated metropolitan statistical area) for corresponding rates of pay for employees subject to the General Schedule contained in section 5332 of such title, subject to [section 4575(f) of this title](https://uscode.house.gov/view.xhtml

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 542 — Federal air marshal program

(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security. (2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 2107 — Congressional employee

For the purpose of this title, “Congressional employee” means— (1) an employee of either House of Congress, of a committee of either House, or of a joint committee of the two Houses; (2) an elected officer of either House who is not a Member of Congress; (3) the Legislative Counsel of either House and an employee of his office; (4) a member or employee of the Capitol Police; (5) an employee of a Member of Congress if the pay of the employee is paid by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives; (6) Repealed. Pub. L. 90–83, § 1(5)(A), Sept. 11, 1967, 81 Stat. 196.] (7) the Architect of the Capitol and an employee of the Architect of the Capitol; (8) an employee of the Botanic Garden; and (9) an employee of the Office of Congressional Accessibility Services.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3105 — Appointment of administrative law judges

Each agency shall appoint as many administrative law judges as are necessary for proceedings required to be conducted in accordance with sections 556 and 557 of this title. Administrative law judges shall be assigned to cases in rotation so far as practicable, and may not perform duties inconsistent with their duties and responsibilities as administrative law judges.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3601 — Notification requirements

The Panama Canal Commission shall provide written advance notification to the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Armed Services of the Senate regarding— (1) any proposed change in the rates of tolls for use of the Panama Canal; (2) any payment estimated to be due the Republic of Panama under paragraph 4(c) of Article XIII of the Panama Canal Treaty of 1977, as provided by [section 3751 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3751&num=0&edition=prelim); and (3) the initiation of any major capital acquisition or construction project exceeding $10,000,000 unless the proposed acquisition or project was included in the budget estimates submitted to Congress for the fiscal year in which the acquisition or project is to be undertaken.

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 162 — Compensation of Library of Congress employees

Employees of the Library of Congress who perform special functions for the performance of which funds have been entrusted to the board or the librarian, or in connection with cooperative undertakings in which the Library of Congress is engaged, shall not be subject to [section 209 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section209&num=0&edition=prelim); and [section 5533 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5533&num=0&edition=prelim) shall not apply to any additional compensation so paid to such employees.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 327 — Employees for conduct of meteorological investigations in Arctic region; appointment and compensation; extra compensation to other Government employees for taking observations

The Secretary of Commerce is authorized to (a) appoint employees for the conduct of meteorological investigations in the Arctic region without regard to the civil service laws and fix their compensation without regard to chapter 51 and subchapter III of chapter 53 of title 5, and sections 5542, 5543, 5545, and 5546 of title 5, at base rates not to exceed the maximum scheduled rate for GS–12, and (b) grant extra compensation to employees of other Government agencies for taking and transmitting meteorological observations without regard to [section 5533 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5533&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 873 — Extra compensation for instrument observers, recorders and other Federal employees for oceanographic, seismographic and magnetic observations

The Secretary of Commerce is authorized to pay extra compensation to members of crews of vessels when assigned duties as instrument observer or recorder, and to employees of other Federal agencies while observing tides or currents, or tending seismographs or magnetographs, at such rates as may be specified from time to time by him and without regard to [section 5533 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5533&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 102 — Repealed. Pub. L. 104–186, title II, § 204(52), Aug. 20, 1996, 110 Stat. 1737

### Statutory Notes Section, R.S. §§ 60, 61; Pub. L. 86–628, § 105(c), July 12, 1960, 74 Stat. 461, required submission by Secretary of Senate and Clerk of House to two Houses of statements as to persons employed and as to expenditures and balances on hand and providing for printing of such reports as Senate and House documents. See sections 4108 and 5535 of this title.

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