5 U.S.C. § 5531 — Definitions

Page 654 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5531 ferred upon the President by section 3(a), section 3(b), and section 6(a) of the act [sections 5523(a), 5523(b), and 5527(a) of this title]. (b) The Office of Personnel Management is hereby designated and empowered to perform the functions conferred upon the President by the provisions of sec- tion 5527 of title 5, United States Code, with respect to allotments and assignments authorized by section 5525 of title 5, United States Code, and advance payments to new appointees authorized by section 5524a of title 5, United States Code, as added by section 107(a) of the Federal Employees Pay Comparability Act of 1990, as incorporated in section 529 of Public Law 101–509. SEC. 3. The following regulations are hereby pre- scribed as necessary and appropriate to carry out the provisions, accomplish the purposes, and govern the ad- ministration of the act: (a) To the maximum extent practicable, the Sec- retary of State, the Office of Personnel Management, and the heads of other Federal agencies shall exercise their authority under the act and this order so that em- ployees of different Federal agencies evacuated from the same geographic area under the same general cir- cumstances may be treated uniformly. (b) Advance payments of compensation, allowances, and differentials, as authorized by section 2 of the act [section 5522 of this title], shall be held to the min- imum period during which the order for evacuation is anticipated to continue, and shall in no event be made for a period of more than thirty days. (c) It is hereby determined to be in the interest of the United States that payments of monetary amounts as authorized by section 3 of the act [section 5523 of this title] to and for the account of an employee whose evacuation is ordered and who is prevented from per- forming the duties of his position, under the cir- cumstances set forth in section 3 of the act, should be extended beyond sixty days for not more than one hun- dred and twenty additional days only upon determina- tion, pursuant to regulations of the head of the Federal agency concerned, that such additional payments are reasonably necessary to maintain a civilian staff avail- able for performance of duty. Such payments of mone- tary amounts under the authority of section 3 of the act shall be terminated as of such dates as may be de- termined by the Secretary of State or the Office of Per- sonnel Management, as appropriate, but not later than the date on which an employee resumes his duties at the post from which he has been evacuated or is as- signed to another position. SEC. 4. (a) The head of each Federal agency shall issue as soon as practicable such regulations as may be necessary and appropriate to carry out his functions under the act and this order. (b) In order to coordinate the policies and procedures of the executive branch of the Government, all regula- tions of any Federal agency prepared for issuance under the provisions of section 6(c) of the act [section 5527(c) of this title] and section 4(a) of this order shall be sub- mitted for prior approval to the Secretary of State, or to the Office of Personnel Management, as may be ap- propriate, under section 2 of this order. The Secretary of State and the Office of Personnel Management shall review such regulations for conformance with the pur- pose and intent of the act and of the regulations con- tained in section 3 of this order. No Federal agency shall make any payment under the provisions of the act or this order until such regulations have been ap- proved by the Secretary of State, or the Office of Per- sonnel Management, as appropriate. SUBCHAPTER IV—DUAL PAY AND DUAL EMPLOYMENT § 5531. Definitions For the purpose of section 5533 of this title— (1) ‘‘member’’ has the meaning given such term by section 101(23) of title 37; (2) ‘‘position’’ means a civilian office or posi- tion (including a temporary, part-time, or intermittent position), appointive or elective, in the legislative, executive, or judicial branch of the Government of the United States (in- cluding a Government corporation, but exclud- ing a nonappropriated fund instrumentality under the jurisdiction of the armed forces) or in the government of the District of Columbia; (3) ‘‘retired or retainer pay’’ means retired pay, as defined in section 8311(3) of this title, determined without regard to subparagraphs (B) through (D) of such section 8311(3); except that such term does not include an annuity payable to an eligible beneficiary of a member or former member of a uniformed service under chapter 73 of title 10; (4) ‘‘agency in the legislative branch’’ means the Government Accountability Office, the Government Publishing Office, the Library of Congress, the Office of Technology Assess- ment, the Office of the Architect of the Cap- itol, the United States Botanic Garden, the Congressional Budget Office, and the United States Capitol Police; (5) ‘‘employee of the House of Representa- tives’’ means a congressional employee whose pay is disbursed by the Chief Administrative Officer of the House of Representatives; (6) ‘‘employee of the Senate’’ means a con- gressional employee whose pay is disbursed by the Secretary of the Senate; and (7) ‘‘congressional employee’’ has the mean- ing given that term by section 2107 of this title, excluding an employee of an agency in the legislative branch. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 482; Pub. L. 95–454, title III, § 308(b), Oct. 13, 1978, 92 Stat. 1150; Pub. L. 102–190, div. A, title VI, § 655(a)(2), Dec. 5, 1991, 105 Stat. 1391; Pub. L. 104–186, title II, § 215(6), Aug. 20, 1996, 110 Stat. 1745; Pub. L. 106–398, § 1 [[div. A], title X, § 1087(f)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–293; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 111–145, § 7(b)(1), Mar. 4, 2010, 124 Stat. 55; Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537; Pub. L. 118–31, div. A, title XI, § 1108, Dec. 22, 2023, 137 Stat. 428.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 3101 (as ap- plicable to 5 U.S.C. 3102(a)–(e) and 3105 (less (e))). Aug. 19, 1964, Pub. L. 88–448, § 101 (as applicable to §§ 201(a)–(e) and 301 (less (e))), 78 Stat. 484. In paragraph (2), the defined word ‘‘position’’ is sub- stituted for ‘‘civilian office.’’ The words ‘‘Government corporation’’ are substituted for ‘‘corporation owned or controlled by such Government’’ in view of the defini- tion in section 103. The definitions of ‘‘uniformed services’’ and ‘‘armed forces’’ are omitted as unnecessary in view of the defi- nitions in section 2101. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 2023—Par. (2). Pub. L. 118–31 substituted ‘‘Government corporation, but excluding’’ for ‘‘Government corpora- tion and’’. Page 655 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5533 1 See Increase in Compensation of Individuals Whose Pay is Disbursed by Secretary of Senate note below. 2010—Par. (4). Pub. L. 111–145 substituted ‘‘the Con- gressional Budget Office, and the United States Capitol Police’’ for ‘‘and the Congressional Budget Office’’. 2004—Par. (4). Pub. L. 108–271 substituted ‘‘Govern- ment Accountability Office’’ for ‘‘General Accounting Office’’. 2000—Pub. L. 106–398 substituted ‘‘section’’ for ‘‘sec- tions 5532 and’’ in introductory provisions. 1996—Par. (5). Pub. L. 104–186 substituted ‘‘Chief Ad- ministrative Officer’’ for ‘‘Clerk’’. 1991—Pars. (4) to (7). Pub. L. 102–190 added pars. (4) to (7). 1978—Pub. L. 95–454 substituted ‘‘ ‘member’ ’’ for ‘‘ ‘of- ficer’ ’’ in par. (1) and added par. (3). Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Government Publishing Office’’ substituted for ‘‘Government Printing Office’’ in par. (4) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents. EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–145 effective as though en- acted as part of section 1018 of Pub. L. 108–7, see section 7(d) of Pub. L. 111–145, set out as a note under section 2107 of this title. 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. DUAL PAY REQUIREMENTS FOR PAY PERIODS SUBSE- QUENT TO ENACTMENT OF CIVIL SERVICE ACT OF 1978 Pub. L. 95–454, title III, § 308(g), Oct. 13, 1978, 92 Stat. 1151, provided that: ‘‘(1) Except as provided in paragraph (2) of this sub- section, the amendments made by this section [amend- ing this section and section 5532 of this title] shall apply only with respect to pay periods beginning after the effective date of this Act [see Effective Date note set out under section 1101 of this title] and only with respect to members of the uniformed services who first receive retired or retainer pay (as defined in section 5531(3) of title 5, United States Code (as amended by this section)), after the effective date of this Act. ‘‘(2) Such amendments shall not apply to any indi- vidual employed in a position on the date of the enact- ment of this Act [Oct. 13, 1978] so long as the individual continues to hold any such position (disregarding any break in service of 3 days or less) if the individual, on that date, would have been entitled to retired or re- tainer pay but for the fact the individual does not sat- isfy any applicable age requirement. ‘‘(3) The provisions of section 5532 of title 5, United States Code, as in effect immediately before the effec- tive date of this Act, shall apply with respect to any re- tired officer of a regular component of the uniformed services who is receiving retired pay on or before such date, or any individual to whom paragraph (2) applies, in the same manner and to the same extent as if the preceding subsections of this section had not been en- acted.’’ [§ 5532. Repealed. Pub. L. 106–65, div. A, title VI, § 651(a)(1), Oct. 5, 1999, 113 Stat. 664] Section, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 482; Pub. L. 95–454, title III, § 308(a), (c)–(f)(1), Oct. 13, 1978, 92 Stat. 1149–1151; Pub. L. 97–276, § 151(b), Oct. 2, 1982, 96 Stat. 1200; Pub. L. 98–396, title III, § 306, Aug. 22, 1984, 98 Stat. 1424; Pub. L. 98–525, title XV, § 1537(b), Oct. 19, 1984, 98 Stat. 2635; Pub. L. 99–88, title I, § 100, Aug. 15, 1985, 99 Stat. 351; Pub. L. 99–500, § 101(l), Oct. 18, 1986, 100 Stat. 1783–308, and Pub. L. 99–591, § 101(l), Oct. 30, 1986, 100 Stat. 3341–308; Pub. L. 100–202, §§ 101(l) [title I, § 101], 106, Dec. 22, 1987, 101 Stat. 1329–358, 1329–362, 1329–433; Pub. L. 100–457, title I, Sept. 30, 1988, 102 Stat. 2129; Pub. L. 101–509, title V, § 529 [title I, § 108(a)], Nov. 5, 1990, 104 Stat. 1427, 1449; Pub. L. 101–510, div. A, title XII, § 1206(j)(1), Nov. 5, 1990, 104 Stat. 1663; Pub. L. 102–83, § 5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–190, div. A, title VI, § 655(a)(1), Dec. 5, 1991, 105 Stat. 1390; Pub. L. 102–378, § 8(a), Oct. 2, 1992, 106 Stat. 1359; Pub. L. 105–55, title I, § 107, Oct. 7, 1997, 111 Stat. 1184, related to employment of retired members of uniformed services and reduction in retired or retainer pay. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1999, see section 651(c) of Pub. L. 106–65, set out as an Effective Date of 1999 Amend- ment note under section 1466 of Title 10, Armed Forces. § 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 enti- tled to receive basic pay from more than one po- sition 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 Man- agement, subject to the supervision and control of the President, may prescribe regulations under which exceptions may be made to the re- strictions in subsection (a) of this section when appropriate authority determines that the ex- ceptions are warranted because personal serv- ices 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 ex- ceeds $7,724 a year ($10,540,1 in the case of pay disbursed by the Secretary of the Senate). (2) Notwithstanding paragraph (1) of this sub- section, appropriated funds are not available for payment to an individual of pay from more than one position, for each of which the pay is dis- bursed 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 equiva- lent thereof in the case of an individual paid on other than an annual basis) received by an indi- vidual. (4) Paragraph (1) of this subsection does not apply to pay on a when-actually-employed basis received from more than one consultant or ex- pert position if the pay is not received for the same day.