DUAL COMPENSATION LEGISLATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP66B00403R000500010006-8
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 48
• Document Creation Date: December 16, 2016
• Document Release Date: April 28, 2005
• Sequence Number: 6
• Publication Date: July 22, 1964
• Content Type: MF

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22 July 1964
MEMORANDUM FOR: Deputy Director of Central Intelligence
SUBJECT: Dual Compensation Legislation
1. This memorandum is for information only.
2. On 20 July 1964 the Senate passed by voice vote H. R.
7381, which is a bill to simplify and bring up to date the various
laws pertaining to dual compensation. This bill was previously
the subject of an information memorandum to the Deputy Director
of Central Intelligence dated 19 February 196 an attache bill remains then ame asthe House
as Tab B. The substance of the version. However, minor Senate amendments will necessitate a
House-Senate confere amendments reported in Senate Report 935,
All Senate committee
attached as Tab As were adopted.
cc: DD/S
Personnel
Leg
STAT
STAT
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FILE
Calendar No. 904
.88T11 CoxGREss SENATE REPORT
2d Session J No. 935
DUAL EMPLOYMENT AND DUAL COMPENSATION
MARCH 4 (legislative day, FEBRUARY 26), 1964.-Ordered to be printed
Mr. YARBOROUGH, from the Committee on Post Office and Civil
Service, submitted the following
REP T
accompany H.R. 7381]
To
The Committee on Post Office and Civil Service, to whom was
referred the bill (H.R. 7381) to simplify, modernize, and consolidate
the laws relating to the employment of civilians in more than, one:
position and the laws concerning the civilian employment of retired
members of the uniformed services, and for other purposes, having
considered the. same, report favorably thereon with amendments
and recommend .that the bill as amended do pass.
AMENDMENTS
Title II is amended by eliminating section 205. This provision
would require public notice, a waiting period, and open, competitive
examinations in order to fill any vacancy in the competitive civil
service if a retired member of the Armed Forces is a candidate for
the position. Since agencies could never, positively determine
whether a retired member would be interested in applying for such a
position, the entire examining and appointing procedures of the Civil
Service Commission would have to be revised in order to comply
with the requirements of this section. The committee believes that
because section 204 of the bill lends adequate protection to civilian
employees and eliminates certain inequities in the . hiring of retired
military personnel, section 205 is unnecessarily restrictive.
Title III is amended in regard to the employment of one person
in more than one civilian office. The new provisions in sections
301 and 402(c) will maintain the status quo for employment in
certain positions in the legislative branch of the Government.
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2 DUAL EMPLOYMENT AND DUAL COMPENSATION
K
Four basic goals can be attained by enactment of this legislation.
(1) At the present time, legislation and administrative decisions
in regard to dual compensation and dual employment are varied and
complex. There are approximately 50 separate statutes and 200
Comptroller General decisions relating to the employment of retired
military personnel and the dual employ=ment of civilian officers.
Few administrators or personnel officers in Federal agencies fully
understand the present law, and cannot be present in every case
when an important decision or interpretation applicable to a particular
situation is merle. Thus by merely simplifying and consolidating
all these laws and regulations into one manageable statute, a major
accomplishment will- be achieved. Many unfortunate errors which
have been made in the past will be avoided in the future. A key
example of such all incident is illustrated by recent Comptroller
General decisions involving certain warrant officers and retired Re-
serve officers now employed by the Government. The decisions
brought these groups within the prohibitions of the 1894 and 1932 dual
compensation statutes, thus requiring reduction in retirement pay
for some and substantial demands for overpayment of salary for others.
In some cases these overpayments amounted to many thousands of
dollars. Relief for these two groups is included in the present bill.
(2) Under present law, a Regular officer of the L.S. Armed Forces,
including a warrant officer, retired for length of service, is prohibited
from accepting Federal employment because of the maximum salary
limitation established under the Dual Office Act of 1894. Testimony
before the Subconunittee on Civil Service in its public hearings on
December 12, 1963, revealed that in many cases the Government
may be the loser because of these restrictions. Many skilled tech-
nicians, retired at reintively young ages from the :Armed Forces, can
be effectively utilized in civilian agencies. But because of the restric-
tions of present law, the Government cannot even offer these people
eniployament even though many of them would prefer to remain in
public service and are particularly suited to Federal employment. A
major source of well-trained prospective employees is completely
unavailable.
(3) Under present law, no ~rerson may hold two civilian positions
in the Government if the combined compensation exceeds $2,000 per
annum. At the present time, the lowest salary on the general sched-
ule is $3,303 per annum. II.R. 7381 would modernize dual compen-
sation provisions to allow a person to hold several part-time jobs so
long as the aggregate number of hours worked does not exceed the
equivalent of one full-time position. Emphasis will be placed upon
the number of hours worked, not the compensation earned.
(4) By allowing Regular officers retired for length of service to be
employed by the ovcrnment in it civilian office and at the same time
retain some of their military retirement pay, a more equitable em-
ployment system will be established. Retired Reserve officers,
enlisted men, and Regular officers retired for combat disability are
not now restricted by dual employment laws. H.R. 7381 does not
affect these retired military- persons insofar as their retirement ray
or civilian pay is concerned. It does, however, give their fellow
service member, the Reguhir officer retired upon the completion of
his career, it more equitable employment opportunity.
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DUAL EMPLOYMENT AND DUAL COMPENSATION 3
JUSTIFICATION
In addition to numerous special statutes and some 200 Comptroller
General decisions, there are 3 basic statutes regarding dual employ=
ment and dual compensation. The Dual Office 'Act of 1894 was
designed to prohibit the employment of any person in any Federal
office if such person was already an office holder if either of the posi-
tions involved paid $2,500 per annum.' A retired member of the
Armed Forces is considered to be an office holder for the purposes of
this act. At the time, very few retired military personnel received
$2,500 retirement pay, and few positions paid as much as $2,500 per
annum. It worked no substantial hardship on either the Govern-
ment or the retired military man. Over the years, the situation has
changed. The 1894 act has been amended or interpreted to exclude
from its prohibition everyone except Regular officers retired for length
of service. All others, enlisted, Reserve, or disabled, are not subject
to the act.
The Dual Compensation Act of 1916 prohibits the employment of
one person in two civilian positions if the total compensation exceeds
$2,000 per annum. Many exceptions have been made to this act for
particular Government needs.
The Economy Act of 1932 stipulates that retired commissioned
officers employed by the Government shall have their retirement pay
reduced to the extent necessary to maintain a maximum compensation
of $10,000 per annum. Reserve officers were excepted from the pro-
visions of this act. If both retirement pay and civilian compensation
are in excess of $10,000, the employee may choose which salary he
wishes to receive, but he may not receive both. Since the 1894 act
applies to many of the same officers, the only group affected by the
1932 act are Regular and temporary commissioned officers retired for
noncombat physical disability.
No doubt congressional policy established at the time these laws
were passed was reasonable. However, changing economic and em-
ployment conditions necessitate substantial revision in the basic policy
which the Government should enforce in regard to the employment
of retired military personnel as well as dual compensation. Twenty-
five hundred dollars is no longer a realistic figure when no office under
the general schedule, postal field service schedule, or most other-Fed-
eral salary schedules is compensated at such a low sum. Two thousand
dollars as the maximum salary for persons holding more than one
office (particularly when many of these people hold part-time jobs)
is not in line with current wage scales or costs of living. Of most
importance, however, is the fact that a highly trained group of career
military officers, many of whom are interested in joining the Federal
civilian work force and remaining in public service, are presently
prohibited, absolutely, from continuing to serve their country. Such
a waste of skilled manpower in the atomic and space age does more
harm to the prospective employer-the Government-than the pros-
pective employee, who can in many instances find more financially
rewarding employment in private industry. Many of the skills pos=
sessed by these people are not readily available to the Government or
private enterprise from other sources. Several examples of retired
military officers who sought Federal employment and were barred by
the dual compensation statutes should adequately illustrate the
problem.
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4 DUAL EMPLOYMSENT AND DUAL COMPENSATION
(1) A medical officer who had specialized in research in pathology
retired from the Army as a colonel. The Public Health Service is
doing research in the same area and could have used his background
and skills to great advantage.
(2) An aeronautical engineer, retired as a lieutenant colonel at
age 42, with a background in research and development, had to seek
employment outside the Government. Ac had received his master's
degree from the Air Institute of Technology an Air Force school.
(3) In testimony before the comniitt,ee, Dr. Linus Zink, Assistant
Chief Medical Director of the Veterans' Administration, pointed out
several examples where eminently qualified specialists in the fields
of pathology, radiology, and the new and rare specialty of hyperbarics
were prevented from working for the Department of Medicine and
Surgery because of dual compensation restrictions.
(4) Although special legislation relieves the National Aeronautics
and Space Administration from the absolute bar against hiring retired
Regular officers, the employee must surrender and of his retirement
pay. NASA Administrator James E. Webb has pointed out numer-
ous examples of skilled persons badl needed in the space program
who entered private industry in order to retain retirement pay of
several thousand dollars a year.
The situation is approaching a critical stage. Government em-
ployment needs grow in the specialized fields more with each passing
year. To prohibit a large number of retired Regular officers from
serving their country in a civilian capacity as they have served it in a
military career seems not only unjustified, and a singular discrimina-
tion, but a waste of manpower and skill that can no longer be afforded.
SECTIONAL ANALYSIS OF TIIE BILL AS REPORTED
TITLE I-DEFINITIONS
Section 101 defines (lie special terms used, most of which are based
on the definitions used for the same words by section 101 of title 37,
United States Code. The definition of "civilian office" is intended to
cover employment. in any civilian office or position in the Government
of the United States or in the municipal government of the District of
Columbia whether appointive, elective, under a personal service
contract, or otherwise. Such term also covers employment in non-
appropriated fund instrumentalities under the jurisdiction of the
Armed Forces.
TITLE 1I-EMPLOYMEN`T OF RnTIRso XIE-EMRS OF UNIFORMED
SsRYICES
Reduction in retired or retirement pay
Section 201(a) provides that a retired officer of any Regular com-
ponent of the uniformed services who holds a civilian office shall
receive the full compensation of the civilian office plus the first $2,000
of his retired or retirement pay, plus one-half of the remainder, if any.
Section 201(a) also provides that the $2,000 shall be increased by
appropriate percentages in direct proportion to each increase in such
retired. or retirement pay under section 1401a(b) of title 10, United
States Code, to reflect changes in the consumer price index. Thus,
if the first increase under such section 1401a(b) amounts to 3 percent,
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DUAL EMPLOYMENT AND DUAL COMPENSATION 5
such a retired officer thereafter will have his retirement or retired pay
reduced to an annual rate equal to the first $2,000 increased by 3
percent plus one-half the remainder and the next increase under such
section 1401a(b) would be applied to the new base and any later
increases applied accordingly.
Section 201(b) excepts from reduction in retired pay required by
subsection (a) a retired officer of any Regular component of the
uniformed services whose retirement was based on disability resulting
from an injury or disease received in line of duty as a direct result of
armed conflict or based on disability caused by an instrumentality of
war and incurred in the line of duty during a period of war.
Section 201(c) excepts from the reduction in retired or retirement.
pay required by subsection (a) the first 30 days of a temporary,
part-time, or intermittent appointment if serving under one appoint-
ment, or not to exceed a total of 30 days during any fiscal year in
case the employee is serving under more than one appointment.
Section 201(d) provides a definition of "period for which he re-
ceives salary" for purposes of subsections (a) and (c) of section 201.
Section 201(e) authorizes the U.S. Civil Service. Commission,
subject to the supervision and control of the President, to prescribe
regulations under which exceptions to subsection (a) may be made.
whenever it is determined by appropriate authority that exceptions
are warranted on the basis of special or emergency employment
needs which otherwise cannot readily be met. Authority to provide
a means for exceptions from subsection (a) also is vested in the
President of the Senate with respect to the U.S. Senate, the Speaker
of the House with respect to the U.S. House of Representatives;
and the Architect of the Capitol with respect to the Office of the
Architect of the Capitol. Special authority is granted the Adminis-
trator of the National Aeronautics and Space Administration to
exempt from such subsection (a) any individual in a scientific, engi
neering, or administrative position appointed pursuant to section
203(b)(2) (A) of the National Aeronautics and Space Act of 1958, as
amended (42 U.S.C. 2473 (b) (2) (A)), but not more than 30 such
exemptions may exist at any one time.
Section 201(f) provides that a retired officer of any Regular com-
ponent of the uniformed services who was employed in a civilian office
on the day immediately preceding the effective date of the subsection
may elect to remain subject to and continue under any applicable
limitations on or exceptions to the amount of compensation to be
received which were in effect prior to such effective date, or to be
subject to the applicable limitations and exceptions contained in
subsections (a), (b), (c), and (e) of section 201.
It is expected that very few Regular officers will be in a position to
exercise this option because the only Regular officers serving in civilian
positions at the present time are those serving in positions for which
specific statutory exemptions have been granted from the dual office
holding prohibitions of section 2 of the act of July 31, 1894, as amended
(5 U.S.C. 62).
Reserve ofbcers
Section 201(g) authorizes the retroactive exemption from the $10,000
compensation restriction of section 212 of the act of June 30, 1932,
as amended (5 U.S.C. 59a), for certain retired members who were
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Il L SATION
serving in the Army or Air Force of the United States without com-
ponent in a temporary grade higher than, or the same as, the Reserve
commission then held who were retired in such grade for physical
.disability. The exemption will be retroactive and apply to each such
person for any period following his retirement. The effect of the
provision will be to require retroactive adjustment in retirement or
retired pay and Will overcome the recent decision of the Comptroller
General involving these officers (B-136459, May 18, 1961).
Warrant officers
Section 201(la) will exempt it non-Regular member of any of the
Armed Forces who served on active duty in a temporary Warrant
officer grade and who was retired in that status prior to the effective
(late prescribed by section 403(a) of the bill from the restriction in
section 2 of the act of July 31, 1894; as amended (5 U.S.C. 62), for
any period following his retirement. This provision is designed to
protect the civilian appointments of such retired w rrant. officers
retroactively to the date of their appointment to civilian positions.
This provision will overcome the holding of the Comptroller General's
decision of April 2, 1963 (B-141989) that a retired temporary warrant
officer is subject to the dual-office restriction contained in the act of
July 31, 1894, and therefore could not legally be appointed to it
civilian office.
T `eterans' preference
Section 202 amends section 12 of the Veterans' Preference Act in
regard to retention preference for purposes of reductions in force.
This committee has devoted its most careful attention to this aspect
of the bill. The original proposal of the Civil Service Commission
recommended elimination of all veterans' preference for any retired
member of the Armed Forces having more than 6 years' continuous
active duty. As reported. II.R. 7381 will remove career military re-
tirees employed in the future in the civilian service from the preferred
category for purposes of reductions in force and will count only their
wartime service in computing seniority. This will eliminate the very
substantial advantage which career military personnel now enjoy
over career civilian personnel who may or may not be entitled to pref-
erence. For instance, a retired military man who enters the Federal
service after 30 years in the Army immediately attains 30 years'
seniority phis retention preference. Thus, in his competitive group
in a reduction in force, the retired military roan will be removed from
his position only after all nonvcterans have been removed and only
after all preference veterans having less seniority have been removed.
The amendment will give greater protection to the career civilian em-
ployee who is a veteran of Wartime service as Well its the career em-
ployee who is not a veteran entitled to preference. All retired mili-
tary= persons having less than 20 years' service, those retired on com-
bat disability, and those presently employed by the Government Will
retain all lirefei?ence.
Crediting -military service.for annual leave purposes
Section 203 of the bill amends section 203(a) of the Annual and
Sick Leave Act of 1951 to provide a more restrictive method of
crediting active military service of a retired member of any of the
uniformed services for annual leave accrual purposes. Under existing
law, all service creditable under section 3 of the Civil Service Retire-
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DUAL EMPLOYMENT AND DUAL COMPENSATION
ment Act for purposes of annuity may be counted in determining
annual leave accruals (which are based on 13 days per year up to 3
years of service, 20 days after 3 years of service up to 15 years, and 26
days per year after 15 years of service). It is the current practice to
count all military service for annual leave accrual purposes since all
military service is creditable under the Civil Service Retirement Act
if the retiree waives his military retired pay.
The amendment to the Annual and Sick Leave Act of 1951 made
by section 203 of the bill will permit a retired member of the uniformed
services to count, for annual leave accrual purposes, only military
service performed in the Armed Forces during any war or in any
campaign or expedition for which a campaign badge has been author-
ized or all of his military service if his retirement is based on disability
resulting from injury or disease received in line of duty as a direct
result of armed conflict or based on disability caused by an instru-
mentality of war and incurred in line of duty during a period of war.
The section also contains a savings clause to permit those now em-
ployed to continue counting all their military service.
Employment of retired military personnel in the Department of Defense
Section 204 establishes certain safeguards regarding the employ-
ment of retired military personnel in the Defense Department for a
certain period of time after their retirement. Under the provisions of
the Gilpatric Memorandum, issued by the Deputy Secretary of De-
fense in 1961, no retired military person can be employed on the same
base where he was stationed 6 months prior to his retirement unless
the Secretary of the appropriate Department approves the employ-
ment.. Section 204 incorporates the priciple of the Gilpatric Memo-
randum into the law, and expands it to prohibit the employment of
such a person any where in the Department of Defense for a period of
6 months unless the criteria in section 204(b) are satisfied and the
permission of the appropriate Secretary and, if the office is in the
competitive service, after the approval of the Civil Service Commission
is secured. Positions included under section 504 of the Salary
Reform Act of 1962 are excluded from these restrictions, and the
restrictions shall be suspended in case of national emergency.
Report
Section 206 requires the President to transmit to the Congress on or
before January 1, 1966, a comprehensive report of the operations of the
departments and agencies in the executive branch under title II of
the bill.
It is expected that the report will contain sufficient information to
permit the appropriate committees of the Congress to review the
utilization of the new dual-employment and dual-compensation system
established by the bill and to review particularly any adverse effects
resulting from the repeal of the dual-office-holding restrictions of
section 2 of the act of July 31, 1894, as amended (5 U.S.C. 62).
Ere -loyment it more than one civilian office
The provisions of section 301 of the bill deal solely with the employ-
ment of civilian personnel in more than one civilian office.
Subsection (a) of section 301 will prohibit Government civilian
personnel generally from receiving basic compensation from more than
one civilian office (as defined in sec. 101(3) of the bill) for more than an
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aggregate of 40 hours of work in any calendar week (Sunday through
Saturday). The provisions do not prohibit an employee from having a
combination of part-time positions collectively equal to an aggregate
of 40 hours of work in any calendar week.
The prohibition is on the receipt. of basic compensation and will
not affect the receipt of otherwise properly earned overtime com-
pensation for work in one position in excess of the hours required for
overtime compensation.
Subsection (b) of section 301 authorizes the U.S, Civil Service
Commission, subject to the supervision and control of the President,
to prescribe regulations under which exceptions to subsection (a) of
such section may be made whenever it is determined by appropriate
autliority that exceptions are warranted on the ground that personal
services otherwise cannot be readily obtained.
Subsection (c) relates to the employment of personnel in the
lei islative branch of the Government. This provision, in conjunction
with paragraph (5) of section 301 (d) and (f) and section 402(c) will
maintain the present method of employment in the legislative branch.
Present law prohibits dual compensation if both positrons are within
the U.S. Senate, or if either position is in the executive branch.
However, one person may be employed in more than one part-time
position in the House of Representatives if the basic compensation
does not exceed $2,000 per annum. By repealing the $2,000 basic
compensation limitation which has articular meaning for congres-
sional employment, new problems could arise in regard to employment
in the legislative branch. The amendments contained in the present
bill would resolve the difficulties by retaining the present employment
rules applicable to the Congress.
Subsection (d) of section 301 provides that subsection (a) of such
section does not apply to tlie receipt of compensation in unusual
situations which Congress previously has found deserve special
treatment, or which were the subject of decisions by the Comptroller
General.
Paragraph (1) excepts compensation on a. when-actually-employed
basis received from more than one consultant. or expert position if such
compensation is not received for the same hours of the same day.
Paragraph (2) excepts compensation consisting of fees paid on other
than a. time basis.
Paragraph (3) excepts compensation received by teachers of the
public schools of the District of Columbia for employment in a civilian
office durin_r the surnaier vacation period.
Paragraph (4) excepts compensation paid by the Tennessee Valley
Authority to employees performing certain part-time or intermittent.
work in addition to their normal duties when the Authority deems
it to be in the interest of efficiency and economy.
Paragraph (5) relates to employment in the legislative branch.
Paragraph (6) excepts compensation Paid by the U.S. Coast Guard
to employees occupying part-time positions of lamplighters.
Paragraph (7) excepts compensation within the purview of pro-
visions of nine laws, each of which are amended by section 401 (i)-(q)
of the bill to provide exceptions from section 301.
Subsection (e) is a savings provision permitting civilian personnel
serving on the effective date of section 301 in more than one position
under properly authorized appointments to continue to serve under
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such appointments and to receive the compensation from such offices
without regard to subsection (a) for the duration of the appointment
or appointments.
Miscellaneous provisions
Subsections (a) through. (h) of section 401 of the bill amend provi-
sions of various laws to eliminate reference to section 212 of the act
of June 30, 1932, as amended (5 U.S.C. 59a), which is repealed by
section 402(a) (20) of the bill and to insert in lieu thereof reference to
section 201 of the bill; that is, section 201 of the new Dual Compensa-
tion Act. Thus, Regular officers who may be appointed to the
civilian offices covered by such laws will have their retired pay reduced
under the provisions of section 201 of the bill, if applicable.
Subsection (a) relates to a member of the Boxing Commission of the
District of Columbia (D.C. Code, sec. 3-1226).
Subsection (b) relates to the Office of Civil Defense in the District
of Columbia (D.C. Code, sec. 6-1202).
. Subsection (c) relates to service as a member of the Peace Corps
National Advisory Council (22 U.S.C. 2512(b)).
Subsection (d) relates to certain consultants, members of advising
boards, and other persons of the Arms Control and Disarmament
Agency (22 U.S.C. 2584).
Subsection (e) relates to retired officers appointed to positions
authorized under the Foreign Assistance Act of 1961 (22 U.S.C.
2386 (b)).
Subsection (f) relates to the Chairman of the Military Liaison
Committee under the Atomic Energy Act of 1954 (42 U.S.C. 2038).
Subsection (g) relates to the Chairman of the Liaison Committee
under the National Aeronautics and Space Act of 1958 (42 U.S.C.
2474 (d)).
Subsection (h) relates to the members of the U.S. Study Commission
on the Savannah, Altamaha, St. Mary's Apalachicola-Chattahoochee,
and Perdido-Escambia River Basins and intervening areas (Public
Law 85-850).
Subsections (i) through (q) of section 401 amend provisions of
various laws to eliminate reference to section 2 of the act of July
31, 1894, as amended (5 U.S.C. 62), and section 6 of the act of May 10,
1916, as amended (5 U.S.C. 58 and 59), relating to dual employment
and dual compensation and to insert reference to section 301 of the
bill that is, section 301 of the New Dual Compensation Act.
Subsection (i) relates to public school teachers of District of
Columbia emn ployed as teachers of night schools and vacation schools
(District of Columbia Code, sec. 31-631a).
Subsection (j) relates to certain employees of Library of Congress
(2 U.S.C. 162; 5 U.S.C. 60).
Subsection (k) relates to custodial employees of the District of
Columbia Board of Education when such employees are performing
work in school buildings being used for nonrecreational official pur-
poses by a Federal agency or department of the District of Columbia
government (District of Columbia Code. see. '11-611 A.)
Subsection (1) relates to crews of vessels under the Secretary of
Commerce when assigned duties as instrument observer or recorder
and to Federal employees while observing tides or currents, or tending
seismograph or magnetographs (33 U.S.C. 873).
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Subsection (m) relates to employees conducting meteorological in-
vestigations in the Arctic region (15 U.S.C. 327).
Subsection (n) relates to Department of Defense oversea teachers
employed in another position during the school recess period (5 U.S.C.
2358(b)).
Subsection (o) relates to public school teachers of the Canal Zone
who also are employed in night or vacation schools (sec. 102, ch. 7,
title 2, Canal Zone Code).
Subsection (p) relates to Federal employees performing fieldwork of
the. Census Bureau in addition to their regular duties (13 U.S.C. 23(b)).
Subsection (q) relates to dual employment of employees in the postal
service (39 U.S.C. 3335).
REPEALS
Section 402 (a) repeals 38 provisions of law relating to dual employ-
ment or dual compensation or which are now obsolete, including the
three major laws on these subjects, namely: (1) Section 2 of the act
of July 31, 1894, as amended (5 U.S.C. 62), relating to the holding of
two offices; (2) section 6 of the act of May 10, 19IG (5 U.S.C. 58),
relating to double salaries; and (3) section 212 of the act of June 30,
1932, as amended (5 U.S.C. 59a), relating to the limitation of $10,000
on the amount of retired pay received for commissioned officer service
when combined with Government civilian salary.
Subsection (b) of section 402 contains provisions repealing all other
law, general or specific, not repealed by subsection (a) and inconsistent
with the provisions of this Iegishation.
Subsection (c) retains certain provisions of law regarding Senate
employment.
EFFECTIVE DATE S
Section 403 established an effective date as the first day of the first
first month which begins later than the 90th day following the date of
enactment of the bill, except for sections 201(g) and 201(h), which
shall become effective upon cnactnaent.
The latter two sections relate to Reserve officers and warrant
officers.
Section 404 provides that if any provision of this legislation shall be
held invalid, the remaining provisions shall not be affected.
COST
The committee was unable to obtain any specific cost information
on the amount of overpayments proposed to be waived by subsec-
tions (g) and (h) of section 201 of the bill in the cases of certain Re-
serve officers and warrant officers. Nur is it possible to estimate any
additional cost that iaaight, be incurred by removal of the $10,000
dual-compensation limitation of the act of June 30, 1932, in the case of
those few remaining officers who have been exempted specifically
from tho dual-office restriction of the act of July 31, 1894, but not
from such $10,000 limitation.
The committee believes that the payment of the full amount of
compensation for a civilian position does not result in additional cost
to the Government by reason of the fact that the occupant happens to
be a military retiree, whether Reserve or Regular, or officer or enlisted
man.
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DUAL EMPLOYMENT AND DUAL COMPENSATION 11
VIEWS OF THE EXECUTIVE BRANCH AND AGENCY
REPORTS
Letter and statement of purpose and justification from the U.S.
Civil Service Commission, dated June 15, 1963, and a letter from
James E. Webb, Administrator, National Aeronautics and Space
Administration, dated January 31, 1964.
U.S. CIVIL SERVICE COMMISSION,
Hon. LYNDON B. JOHNSON,
President of the Senate.
Washington, D. C., June 25, 1963.
DEAR MR. PRESIDENT: The Civil Service Commission is submitting
for the consideration of the Congress it draft of a proposed bill to
simplify, modernize, and consolidate the laws relating to the employ-
ment of civilians in more than one position and the laws concerning the
civilian employment of retired members of the uniformed services,
and for other purposes. Also enclosed are a section analysis of the
draft proposed bill and a statement of purpose and justification.
Existing statutes on the civilian employment of retired military
personnel and the dual employment of civilians are generally agreed to
be harmful, obsolete, unfair, confusing, and difficult to administer.
They are harmful, because, for example, they deprive the Government
of the services of certain highly trained retired military personnel
whose technical skills, frequently acquired at Government expense,
are in short supply and are needed in Federal agencies. Their
obsolete nature is indicated by the fact that one law, enacted in 1.894,
was intended originally as a limitation on combined pension and
salary but now serves to bar absolutely certain retired military
personnel from almost all Government employment. The statutes
are unfair, confusing, and difficult to administer in that some cate-
gories of retired military personnel may not be employed at all; some
may be employed subject to a $10,000 limitation on receipt of com-
bined civilian salary and retired pay; and some may be employed in
any agency without any limitation on combined compensation.
Further complicating the picture is the fact that it is often difficult
to determine into which category an individual falls, leading to, many
Comptroller General decisions. Another factor is that a few agencies
have been granted exceptions to parts of the law and may employ
any person retired from the military service.
The Commission also receives many complaints from employee
organizations and civil service employees concerning the advantages
possessed by retired military personnel in reductions in force. Some
of these complaints are received directly; many are received through
Congressmen on behalf of the people they represent.
The problems in administering the laws on civilian employment of
retired personnel are further reflected in the introduction in the Con-
gress each year of private bills to relieve employees of debts owed to
the United States and incurred by overpayment of military retired
pay or civilian salary. The overpayments result from understandable
errors in the interpretation of the more than 40 separate provisions of
law and the 200-plus Comptroller General decisions. which seek to
interpret this tangle of statutes.
The proposed legislation would accomplish these things: First, it
would help the Government to obtain the best qualified people avail-
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12 DUAL EMPLOYMENT AND DUAL COMPENSATION
able to fill certain of its hard-to-fill civilian positions. We can no
longer afford to exclude from consideration for employment retired
military personnel who have the highly technical knowledges and
skills which are in demand. Second, the draft bill would provide
fairer treatment of all categories of retired military personnel. Third,
the proposed legislation would provide reasonable safeguards so that
the employment of retired military personnel would not unfairly
hamper career opportunities for present civilian personnel. Fourth,
the bill would consolidate and simplify the present numerous and
confusing statutes on dual compensation and present
employment.
The problems involved in the employment of retired military per-
sonnel and the dual employment of civilians in the Federal service
have been frequently studied over the past several years by Congres-
sional committees and individual Members of Congress, the Civil
Service Commission, and other interested Federal agencies. These
studies have been extremely helpful in clarifying the issues involved.
We believe the enclosed proposed draft bill treats these issues in a
manner which is fair to all individuals concerned and best serves the
public interest.
An almost identical proposal was introduced in the 87th Congress
as S. 3780 at the Commission's request but no action was taken
thereon. The current proposal differs substantively from S. 3780 in
the following respects:
(1) S. 3780 contained an exemption from the bill's provisions
for retired military members whose retirement was based on dis-
ability "incurred in combat with an enemy of the United States."
This exemption has been changed in the current proposal to in-
clude those retired members whose disability results "from an
injury or disease received in line of duty as a direct result of
armed conflict." This change would extend the exemption to
those disabled in the kind of cold war conflicts in which American
military personnel are now engaged.
(2) Section 103 of S. 3780 contained amendments to the Vet-
erans' ]'reference Act which would restrict the veterans' prefer-
ence benefits to which retired military personnel would be
entitled. in tha current proposal, a provision has been added
to these. amendments which would preserve veterans' preference
for reservists who become eligible for military retirement, at age
60 subsequent to their employment in the Federal service.
(3) The provisions of section 303(c) of S. 3780, which related
to deductions under the retired serviceman's family protection
plan, have not been included in the current proposal. It has
been determined that deletion of these provisions will result in
more consistent treatment of persons covered by the bill.
(4) A provision (see. 102(g)) has been included in the current
proposal to grant retroactive legislative relief to a number of
retired temporary warrant officers who, under a recent decision
of the Comptroller General, have been found to be employed in
the Federal service in violation of the restrictions of the Dual
Office Holding Act of 1894.
The Bureau of the Budget advises that from the standpoint of the
administration's program there is no objection to the submission of
this proposed legislation for the consideration of the Congress.
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DUAL EMPLOYMENT AND DUAL COMPENSATION
A similar letter is being sent to the Speaker of the House.
By direction of the Commission.
Sincerely yours,
JOHN W. MACY, Jr., Chairman.
STATEMENT OF PURPOSE AND JUSTIFICATION FOR LEGISLATIVE
PROPOSAL To SIMPLIFY, MODERNIZE, AND CONSOLIDATE THE LAWS
RELATING TO THE EMPLOYMENT OF CIVILIANS IN MORE THAN ONE
POSITION AND THE LAWS CONCERNING THE CIVILIAN EMPLOYMENT
OF RETIRED MEMBERS OF THE UNIFORMED SERVICES, AND FOR
OTHER PURPOSES
PURPOSE
1. To authorize the employment of retired military personnel, and to
permit such personnel to receive full civilian pay but to limit retired
pay to the first $2,000 of such retired pay plus one-half of the remain-
der, if any. The President would be given the authority to grant
exceptions to this limitation on combined compensation if it is deter-
mined such exceptions are to be necessary in order to meet special or
emergency Government employment needs.
2. To authorize a "fresh start" principle with respect to retired
military personnel who accept Federal civilian employment. With the
exception of those whose retirement is based on disability as a result of
armed conflict, or caused by an instrumentality of war in time of war,
and of those whose retired pay is based on less than 6 years of con-
tinuous full-time active duty, retired military personnel would not
receive veterans' preference nor would their military time count in
computing leave, retirement, or reduction-in-force retention credits.
3. To continue the policies of exempting certain military personnel
disabled in line of duty from the restrictions on employment of retired
military personnel. Those retiring with less than 6 years of continuous
active duty would also be exempted.
4. To limit civilian employees in the Federal Government to com-
pensation for one full-time position, unless an exception to this re-
striction is granted by the Civil Service Commission on the basis 'of
Government employment needs.
5. To make uniform, simplify, and consolidate in one law all statu-
tory provisions relating to the Federal civilian employment of retired
military personnel and the dual employment of Federal civilian
employees.
There are a considerable number of statutes relating to the dual
employment and dual compensation of Federal civilian and retired
military presonnel. The earliest of these was enacted in 1894; the
most recent, in 1961. These statutes are complicated: some are over-
lapping, some are inconsistent, and a number are no longer realistic in
the light of current conditions. Because the basic statutes arbitrarily
restrict employment and are out of date, many special exceptions have
been sought and granted.
The basic intent of the early dual employment and dual compensa-
tion laws was not to prohibit entirely the dual employment of civilian
employees or the hiring of retired military personnel. The purpose
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14 DUAL EMPLOYMENT AND DUAL COMPENSATION
was primarily to limit such employment to it reasonable extent -
reasonable from the points of view of both the Government and the
employee. When the present dollar limits were set many years ago,
they represented it reasonable annual income for one person; however,
because of the difFerences hctwcen today's salary levels and living
costs and those of 60 (or even 20) rears ago, the restrictions now-
serve as a bar rather than a limitation. '1$us, the present effect of
the basic statutes differs markedly from that originallly intended.
A second consequence of the rigid limits in the basic laws has been
the enactment, over the years. of legislation to meet, one special
situation or another. While many of these statutes are identified as
exceptions to Lite basic restrictions, they are not necessarily incon-
sistent with the original purpose of Lite ('ctngress, which, as mentioned
earlier, was to permit dual employment within reasonable limits.
The cumulative effect, of these various nets of Congress, however, is
u body of law that, fails to provide it consistent policy for the em-
ployment of Federal civilian personnel in more than one capacity or
or the miring of retired military personnel.
L'mploymcat of retired military personnel
The present restrictions oil the employment of retired military per-
sonnel in civilian positions are inconsistent and inequitable and have
no relation to the Government's hiring needs. Various categories of
niilitnrv retirees are exempted from the prohibitions and restrictions.
All enlisted men, certain coanniiSsioned officers, and sonic warrtint
Officers retired from lnilital,v service may now be hired for Federal civil-
ian jobs without. restriction on the receipt of retired pay. At present,
certain Regular offncens and warrant officers retired for age. or length of
service are the only retirees who cannot boll Federal positions if either
their retired pay tot- tlie salary of the position is $2,500 it year or
more. Disaibled Regular oflicers whose disability was not incurred
in combat or caused l)v tut instrunientaliIN of war in time of war the
limited to a I naximuun combined rate of $10,000 it veer for Federal
civilian salary and military retired pray.
Among t-he retired officers still subject to restrictions are many who
possess special skills that are partiellllrly vtllaltlble to the Government.
Under present law, these skills, often developed at Government ex-
pense, are available and attracted to private industry but not to the
Federal civil service.
't'he need for revision of t-ho preselit restrictions is of long standing
and has been widely recognized in both the legislative and executive
branches. Ill his last- budget utessage to the Congress, President
Eisenhower included this shit-enient
"A number of outmoded and inconsistent statutes now regulate the
cmplovluellt-and compensation of retired military personnel regulate
civilian
positions Aitli the Go eruntcnt. We should replace this legal maze
with It single rational statute which would eliminate unnecessary
dual payments, adequately safeguard the civilian career service, and
permit the Govermncant- to hire members of this group Possessing
needed sl~.i'Is under conditions that arc fair to till- indisiduni."
'f`ile subcolnunittee nn National 1'Etlic?y Macitillert- of the Senate
('ointtiittee oil Gus el?Illtielit Operatltnn5 Ili its report ~of February 2s,
9(; 1, on organizinr." for natit'nal security stated:
"An enormous veriniitellt in vestitlent has been pot'red into the
training and experience of tilt o"titamiding retired military officer.
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DUAL EMPLOYMENT AND DUAL COMPENSATION
In the present state of national need, this investment cannot be
permitted to be thrown away. The dual compensation laws should
be reviewed and amended."
Dual employment of civilians
The present restrictions on dual civilian employment also hamper
effective Government manpower utilization. The Postmaster Gen-
eral may employ for postal duties, in addition to their regular duties,
custodial employees who are under the jurisdiction of the General
Services Administration at Federal buildings occupied ''in any part
by the postal service, but he is prohibited from hiring other employees
of other agencies for part-time work during the Christmas
The Agriculture and Interior Departments cannot hire critically
needed, and available Federal employees as emergency firefighters
These are avoidable difficulties that should be eliminated.
Problems in administering present laws
Administrative difficulties under the present laws impede efficient
Government management. The complexity of the statutes make
economy of administration impossible. Agencies encounter continual
problems in their efforts to make sure that existing restrictions are
observed. The cost involved in attempting to reconcile the various
statutes as applied to specific cases is known to be large, even though
it cannot be accurately estimated for any given period of time.
Numerous decisions of the Comptroller General have been required.
Appointing, payroll, certifying, and disbursing officers must be
conversant with a large body of highly complicated law.
Injustices to individuals have also occurred because of misinforma-
tion and erroneous conceptions of what the law requires. Private
bills have been introduced in Congress to relieve cases of unusual
hardship that have resulted from such situations.
At the present time, a situation exists where it may be necessary
because of recent legal decisions, unless legislative relief is obtained,
retroactively to subject approximately 500 retired commissioned
Army of the United States officers and an unknown number of retired
commissioned Air Force officers to the dual compensation restrictions
of section 12 of the Economy Act of 1932. Similarly, under a recent
Comptroller General decision, a number of retired temporary warrant
officers have been found to be serving in Federal civilian positions in
violation of the Dual Office Holding Act of 1894.
Summary
Thus, the current situation is that the dual compensation-dual
employment laws are inequitable, are difficult to administer, and pre-
vent the Government from obtaining certain well-qualified personnel
for hard-to-fill positions.
Employment of retired military personnel
The proposed law would repeal the statutory provisions whip-h, in
effect, prohibit certain categories of retired Regular officers from hold-
ing a Federal civilian job. The policy, expressed in several statutes,
of limiting the amount of combined income from military retirement
and civilian pay would be continued but would be modified to estab-
lish consistent treatment for all the various categories of retired mili-
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ltrr DUAL EMPLOYMENT AND DUAL. COMPENSATION
tare personnel. Limitations on combined compensation would be
reasonable in term of present salary levels and dollar values.
The proposed law would also establish a "fresh start" principle for
retired military personnel employed in Federal civilian jobs. Since
persons retiring from the, military service have generally realized
retirement benefits based on a military career, it seems desirable and
equitable for them to start Federal civilian careers on the same basis
as others who are also entering the civil service for the fast time.
Therefore, the bill would (a) require that their prior military service
not be counted in computing length of service for reduction-in-force,
leave, and ret.ireiuent puuposes, and (b) withhold veterans' preference.
The purpose of the Veterans' Preference Act of 1944 was primarily
to provide preference for civil service employment to those veterans
who had interrupted their regular civilian careers to enter military
service during tuue of war.
The proposed law would continue the principle of treating separately
those retired military personnel whose retirement was based on
disability resulting froin an injury or disease received in line of duty
as a direct result of armed conflict, or caused by an instrumentality of
war and incurred in line of duty during a period of war. Such persons
would not be subject to the limitations on combined compensation,
would continue to receive veterans' preference, and would continue to
receive credit for length of military service in computation of retention
credits for reduction-in-force purposes. Similar treatment would be
accorded retired military pesonnel who retire with less than 6 years of
continuous full-time active duty. Such persons are typically (1)
those whose military careers were cut short because of physical dis-
ability, or (2) those who were in the military service during a time of
emergency and who continued to participate in the reserve program
after they returned to civilian life.
I n view of the fact that there are certain occupations for which it is
difficult to obtain well-qualified personnel, the proposed law would
give the ]'resident authority to grant exceptions to the. above-men-
tioned limitations on combined compensation. Exceptions could
also be granted to meet emergency situations.
Those retired military personnel who are already employed in the
Federal service would retain their present rights with regard to vet-
erans' preference and credit for military service. They could elect
either to remain subject to the present limitations on compensation
or to come under the provisions of the proposed law.
The bill would also provide relief to a large number of retired coin-
L_
and warrant officers holding temporary appointments in
the Army and Air Force of the United States who are faced with the
possibility of returning to the Government overpayments of military
retired pay or civilian salary required by recent decisions that such
retired members should have been considered subject to the re-
strictions (1) prescribed by section 212 of the Economy Act of 1932,
in the case of the retired commissioned officers, and (2) prescribed
in the act of July 31, 1894, in the case of the retired warrant officers.
it, is recognized that there are sonic controversial issues involved
in the employment. of retired military personnel in Federal civilian
positions. Some people maintain that a retired military person has
earned his military retirement pay as a result of his military service;
therefore, if he is employed by the Governnnnet in a civilian capacity
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DUAL
he is entitled to both his full military retirement pay and the regular
civilian pay for the position. Others believe that no person should
receive retired pay and regular pay from a single employer at the same
time. The proposed bill represents what seems to be a reasonable
middle ground between these two points of view, by providing that
$2,000 of the retired pay, the approximate average non-disability
retired pay received by enlisted personnel, plus % of the remainder
may be paid along with the regular pay for the civilian position.
This restriction on combined compensation would apply to most
retired military personnel, including a number of categories to which
no such restrictions now apply, but not to those whose retirement is
based on disability resulting from armed conflict, or caused by an
instrumentality of war in time of war, or to those whose retired pay
is based on less than 6 years of continuous full-time active duty.
Some people also maintain that retired military personnel have an
unfair advantage over other civilian employees in a reduction in force
by reason of veterans' preference eligibility and credit for years of
military service. This advantage had been eliminated by the "fresh
start" principle explained above.
Dual employment of civilians
Those portions of the bill which deal with employment of civilian
employees in more than one position may be less controversial but are
no less important. The proposed law would limit civilian employees
to one full-time job; part-time employees would be limited to a combi-
nation of part-time positions equaling one full-time position. The
Commission would be authorized to grant exceptions to these restric-
tions when the Government could not otherwise readily obtain the
needed services. This authority to grant exceptions would be used to
meet situations of the kind which now have to be expected by statute.
An example is the exception, granted by law, which permits District
of Columbia teachers to accept additional compensation for services
rendered in connection with the operation of night schools in the public
schools of the District of Columbia.
Summary
In summary, the proposed legislation would make an important
source of skilled manpower available to the Government, would elimi-
nate inequities in the treatment of retired military personnel, and would
provide a single modern statute in place of a collection of overlapping
and outdated laws.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION,
OFFICE OF THE ADMINISTRATOR,
Washington, D.C., January 31, 1964.
Hon. RALPH W. YARBOROUGH,
Chairman, Subcommittee on Civil Service,
Committee on Post Office and Civil Service,
U.S. Senate, Washington, D.C.
DEAR MR. CHAIRMAN: Reference is made to the hearings con-
ducted by the Subcommittee on Civil Service of the Senate Committee
on Post Office and Civil Service on December 12, 1963, on dual
compensation, S. 1912, and including consideration of the form of
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PLOYMENT AND DUAL COMPENSATION
the dual compensation bill, II.R. 7381, as it now appears on the
calendar of the House of Representatives.
The National Aeronautics and Space Administration favors the
proposed legislation in order (1) to permit the Government to capi-
talize on certain skills, competence, and experience in the areas of
aerospace science and technology possessed by a sizable group of
military personnel who have completed their active duty careers
and (2) to correct certain inequities in the present statutes pertaining
to the employment of these personnel by the Government.
Many of the abilities and skills and much of the knowledge valuable
to NASA are possessed by certain military personnel who have been
closely associated with missile and military space programs and
aeronautics. Collectively, this body of men, educated and skilled
in aerospace science and teaclhnology, represents it reservoir of knowl-
edge and experience which constitutes a national asset of inestimable
value. Unless it substantial portion of this group of specialists
can be attracted to remain in the Government. this asset will not
be availablo directly to the (government's space program.
As of December I. 1963, 254 active duly military officers were
detailed to NASA from the Department, of Defense for a 2- to 3-year
tour of duty. Attached is it list of those officers.
The officers are primarily engineers, physical scientists. and admin-
istrative specialists whose backgrounds are directly pertinent to
NASA's work. Of the 254 officers, 43 are of senior rank, and are
performing key technical or management assignments. The senior
grade officers in particular represent the type of personnel NASA
desires to employ because of their specialized education and experi-
ence. The number of personnel so employed would be probably
fewer than a0 in a fiscal year; however, each selection would repre-
sent the utilization of the very specialized talent and would signifi-
cantly benefit the national space program.
The NASA has under its basic act, authority to employ retired
military personnel without regard to the Dual Office Act of 1894. A
similar exemption would be provided on a Government-wide basis by
S. 1912 and II.R. 7381 as carried on the calendar in the House. In
view of the fact that the dual office restriction does not now apply
to the employment of retired military personnel by the NASA, this
report, addresses itself only to the dual compensation restrictions
applicable to such employment under section 212 of the Economy
Act of 1932.
The preferential treatment accorded most retired Reserve officers
as compared to most retired Regulars under the current dual compen-
sation law is felt within NASA. To permit one to accept his retire-
ment pay and not the other is unfair. There appears to be no valid
reason for this distinction.
It is understood that Mr. J. Macy, Chairman of the Civil Service
Commission, recommended at the hearing on December 12, 1963,
that, the amount of retirement, pay to be retained by retired officers
in Government positions be raised from the first $2,000 of such pay
plus one-half of the remainder, as presently stated in section 102(a)
of 5.. 1912, to the first 52,500 of such pay plus one-half of the remainder.
The National Aeronautics and Space Administration endorses this
recommendation.
NASA needs technical personnel highly trained and experienced in
the space sciences and engineering. Retired officers meeting these
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DUAL EMPLOYMENT AND DUAL COMPENSATION 19
criteria would be qualified to fill vacancies in NASA carrying salaries
well above the level at which retirement pay is forfeited under the
existing dual compensation law. Under these circumstances, NASA
as a rule cannot successfully compete with industry for the services
of these tecimically competent and experienced people.
The following cases are cited as typical of the problems being faced
by NASA in attempting to fill key positions by employing retired
military personnel competent and experienced in the aerospace field:
(1) A few months ago, a colonel retired from the U.S. Air Force
after 23 years of military service including program management,
commander of the. test wing at Cape Kennedy during the critical
Thor-Atlas period,' and test commander at the. Special Weapons
Center. He was offered $20,000 as an Assistant Director of NASA's
Manned Spacecraft Center in Houston. Ile declined in, favor of a
$27,000 position with Space Technology Laboratories in which posi-
tion he would still be able to draw his $7,000 military retirement pay.
Dr. Walter Williams, who was then our Deputy Director at Houston
and is now here at headquarters, believes the colonel would have
accepted the NASA position if lie could have retained his retirement
pay.
(2) Recently a Navy captain, who was on duty at NASA's Manned
Spacecraft Center in Houston as a branch chief, and who had served
previously as range operations officer at Point Mugu., Calif., and in
space surveillance at Dahlgren, Va., retired from the Navy. His
experience was appropriate to work in the development of our Apollo
tracking network, including coordination with the Jet Propulsion
Laboratory, the Goddard Space Flight Center, and military tracking
systems. Prior to retirement, he indicated an interest in a position
with NASA. However, he accepted a position with private industry
because NASA was unable to give him a position at the $18,000 to
$20,000 level, which would have compensated in some measure for the
loss of his retirement pay.
(3) A recently retired Navy captain, whose final year of active duty
was served on detail at NASA headquarters as a division director,
has accepted a most important NASA position as Director of Manned
Space Flight Field Center Development, in anticipation of relief from
the limitations imposed by the present dual compensation law. Were
it not for the present law, he would be eligible to receive more than
$6,000 retirement pay. With his qualifications, his services have been
and continue to be sought by industry at a high level salary. While
he would like to continue in the NASA program, he feels that he
cannot afford to accept the financial penalty indefinitely.
(4) Similarly, a senior Army colonel who has been serving as pro-
gram manager for the Saturn I/IB programs at the George C. Marshall
Space Flight Center, Huntsville, Ala., has retired and has accepted
civilian employment with NASA in anticipation of passage of this
legislation.
(5) A Navy captain with over 30 years of service and extensive
management experience in rocket testing and aerospace sciences is
currently manager of the NASA Mississippi test operations, Gaines-
ville, Miss. He faces statutory retirement in 1964. Ile doubts
whether he can accept the penalty of forfeiting over $9,500 retire-
ment pay for civilian employment with NASA, although he has ex-
pressed a strong desire to remain with the NASA program
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20 DUAL E.III'LOYMENT AND DUAL COMPENSATION
(6) A U.S. Air Force colonel who is currently occupying a key
position at our George C. Marshall Space Flight Center at Huntsville,
Ala., is an additional example of a lushly qualified officer who would
like to continue in the N SSA program ii the financial penalty is
removed.
(7) NASA has in its employ at the present time several senior
retired Regular military personnel. One is on the Deputy Associate
Administrator level, w)uch is the highest level of general executives
within the agency. These officers have served in industry at much
higher combined industry and military retirement pay thaii they are
p~Irescratly receiving at NASA. Like many civilian personnel in the
higher executive Craackets, they are willing to forgo, for a while at
least, the attraction of the higher salary of industry in exchange for
the experience and the personal satisfaction of participating firsthand
in the Nation's space program. However, NASA can expect to lose
the services of some of these men after a period of tune, if they must
continue to forfeit all or most of their retirement pay. This financial
penalty in some. cases approaches one-half to two-thirds of their
salaries at NASA.
Much of the specialized knowledge and managerial experience
which are required by NASA are possessed only by military personnel
who have been closely associated for an ext.endecd period with missile
amid military space programs. There is an urgent need within NASA
to draw on this source of experienced talent to fdl some of the higher
bracket executive positions which NASA has been unable to fill from
other sources. In fact. NASA has recently addressed requests to the
U.S. Air Force for the temporary nssirnnnient? to NASA of two active
duty officers at the brigadier general7colonel level to fill managerial
positions in the maimed space flight. program. It is expected that it
will be necessary in the near future to request three more active duty
officers of these rank,, experienced in rograin management.
At the time than the hearings on 11.1t. 7381 were being held letters
from the three NASA Center Directors most heavily involved in the
manned space flight program, expressing their strong interest in the
provisions of tlie legislatioai as a means of assisting them in meeting
their key personnel problems were made a part of the official record.
Copies of these letters are attached.
In the light, of all of the foregoing discussion, the National Aero-
nautics and Space Administration reconrnmelids that S. 1912 be enacted.
The Bureau of Lite Budget has advised that there is no objection
froth the standpoint of the administration's program, to the presenta-
tion of the report for the consideration of the committee.
Sincereiv vous,
.JAMS E. \S EnB, Admiministrator.
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 Approved For Release 2005/005/1 b C~L~-A , P# 000500gJ0006-8
DUAL EMPLOYMEN
Other junior grade military detailees occupying positions within NASA
2d lien-
tenant
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--------------------------
headquarters
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Flight Research Center -------------------
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ace Flight Center
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M arshall Space Flight Center_____________
1.7
Wallops Station.-----------------
---------13
13
Manned Spacecraft Center________________
Lewis Research Center____________________
7
17
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 Apprised For Release 2005/05/18: CIA-RDP66B00403R000500010006-8
DUAL EMPLOYMENT AND DUAL COMPENSATION
CHANGES IN EXISTING LAW MADE BY TIE BILL, AS
REPORTED
In compliance with subsection 4 of rule XXi of the Standing Rules
of the Senate, changes in existing lavv made by the bill, as reported,
are shown as follows (existing law in which no change is proposed is
shown in roman, existing law proposed to be omitted is enclosed in
brackets, and new matter is printed in italic):
SECTION 12 OF THE VETERANS' PREFERENCE ACT OF 1944
(5 U.S.C. 861)
SEC. 12. (a) In any reduction in personnel in ainy civilian service of
any Federal agency, competing em plnti-ees shall be'released in accord-
ance with Civil Service Commission regulations which shall give
due effect to tenure of employment, military preference (subject to
subsection (b) of this section), length of service, and efficiency ratings:
Provided, That, subject to subsection (c) of this section, the length of
time spent. in active service in the armed forces of the United States
of each such employee shall be credited in computing length of total
service: Provided further, That reference employees whose efficiency
ratings are "good" or better shall be retained in preference to all other
competing employees and that preference employees whose efficiency
ratings are below "good" shall be retained in preference to competing
nonpreference employees who have equal or lower efficiency ratings:
And provided further, That when any or all of the functions of any
agency are transferred to, or when any agency is replaced by, some
other agency, or agencies, all preference employees in the function or
functions transferred or in the agency which is replaced by some other
agency shall first be transferred to the replacing agency, or agencies,
for employment in positions for which they are qualified, before such
agency, or agencies, shall appoint additional employees from any
other source for such positions,
(b) Notwithstanding any other ,provision of this Act, an employee who
is a retired member of any of the uniformed services included under
section ;? of this Act shall be considered a preference employee for the
purposes of subsection (a) of this section only if-
(1) his retirement was based on disability (A) resulting from
injury or disease received in line of duty as a direct result of armed
conflict or (B) caused by an instrumentality of war and incurred
in the line of duty during a period of war (as defined in sections 101
and 801 of title 38 United States Code); or
(2) his service does not include twenty or more years of full-time
active service (regardless of when performed but not including periods
of active duty for training); or
(8) immediately prior to the effective date of this subsection, he
was employed in a civilian office to which this Act applies and, on
and after such date, he continues to be employed in any such office
without a break in service of more than thirty days.
(c) In computing length of total service, an employee who is a retired
member of any of the uniformed services shall be given credit for-- -
(1) the length of time in active scrttice in the armed forces during
any war, or in any campaign or expedition (for which a campaign
badge has been authorized); or
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(2) if he is included under clause (1), (2), or (3) of subsection
(b) of this section, the total length of time in active service in the
armed forces. _
SECTION 203(a) OF' THE ANNUAL AND SICK LEAVE ACT OF
1951 (5 U.S.C. 2062(a))
ANNUAL LEAVE
SEC. 203. (a) Officers and employees to whom this title applies
shall be entitled to annual leave with pay which shall accrue as
follows-
(1) one-half day for each full biweekly pay period in the case
of officers and employees with less than three years of service,
(2) three-fourths day for each full biweekly pay period (except
that the accrual for the last full biweekly pay period in the year
shall be one and one-fourth days) in the case of officers and
employees with three but less than fifteen years of service and
(3) one day for each full biweekly pay period in the case of
officers and employees with fifteen years or more of service.
Except as otherwise provided in this subsection, in [In] determining
years of service for the purposes of this subsection, there shall be
included all service creditable under the provisions of section [5
3 of the Civil Service Retirement Act [of May 29, 1930, as amended,
for the purposes of an annuity under such Act and the determination
of the period of service rendered may be made upon the basis of an
affidavit of the employee. Active military service of a retired member
of any of the uniformed services is not creditable in determining years of
service _ for the purpose of this subsection unless-
(1) his retirement was based on disabil'.ty (A.) resulting from
injury or disease received in line of duty as a direct result of armed
conflict or (B) caused by an instrumentality of war and incurred in
the line of duty during a period of war (as defined in sections 101
and 301 of title 38, United States Code); or
(2) immediately prior to the effective date of this sentence, he was.
employed in a civilian office to which this Act applies and, on and
after such date, he continued to be employed in any such office
without a break in service of more than thirty days; or
(3) such service was performed in the armed forces during any
war, or in any campaign or expedition (for which a campaign badge
has been authorized). In the case of an officer or employee who
is not paid on the basis of biweekly pay periods, the leave provided
by this title shall accrue on the same basis as it would accrue
in such officer or employee were paid on the basis of biweekly
pay periods.
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SECTION 18 OF THE ACT OF DECEMBER 20, 1944, AS ADDED
BY SECTION 2 OF THE ACT OF AUGUST 19, 1950 (64 STAT.
466; D.C. CODE, SEC. 2-1226)
tir.c. 1.. 'Irotwitlrstandirig the limitation of any other law or regula-
tion to thc contrary, any person heretofore or hereafter appointed as
it member of the (Comumissron may receive the compensation author-
ized by this Act to be paid to such member, as well as any retired pay,
retirement compensation, or annuity to which such member may be
entitled on account of previous service rendered to tht United States
or District of Columbia governments, subject to section 201 of the
float Gumreprrasation Act of 1063.
SECOND PAItAGRAPII OF SECTION 2 OF TIIE ACT OF AUGUST
11, 1950 (64 STAT. 438; D.C. CODE, SEC. 6--1202)
.\otwitbstanding t.ln, limitation of any law, there may be employed
in such Office of Oivi1 Defense any person who has been retired from
any of the [Armed Forces] Uniformed services of the United States
or any office or position in the Federal or District governments, and
r.ecept as k-ersinafter proeicled, while so employed in such Office of Civil
I?efeusa any such retired person may receive the compensation
authorized for such einployinent or Lite [retired pay,] retirement
compensation ,or annuity, whichever lie may elect, and upon the
terminat.iun of his employment in such Office of Civil Defense,] such
employment, he shall be restored to the same status as a retired officer
or employee with the same [retired pay, I retirement compensation [,]
or annuity to which he was entitled he ore having been employed in
such Office of Civil Defense. While any person who has been retired
.from any of the uniformed services of the United States is so employed in
such Office of Civil Defense, he may receive the compensation authorized
for such employment and his retired or retirement pail, subject to section
201 of the Dual Compensation Act of 1963.
SECTION 13(b) OF THE PEACE CORPS ACT (75 STAT. 619;
22 U.S.C. 2512(b))
tiH:c. 13. (a) * * *
(h) Service of an individual as a member of the Council authorized
to be established by section 12 of this Act or as an expert or consultant
under subsection (a') of this section shall not be considered as service or
employment bringing such individual within the provisions of section
2S1, 2S3. or 2S4 of title 1S of the United States Code, or of section 190
of the Revised Statutes (5 U.S.C. 90), or of an other Federal law im-
posine restrictions, requirements, or penalties in relation to the eni-
ployment of persons, the performance of service, or the payment or
receipt of compensation in connection with any claim, proceeding, or
matter involving the United States Government, except insofar as
such provisions of law may prohibit any such individual from receiv-
ing compensation in respect of any particular matter in which such
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individual was directly involved in the performance of such service;
nor shall such service be considered as employment or holding of
office or position bringing such individual within the provisions of
section 13 of the Civil Service Retirement Act, as amended (5 U.S.C.
2263), [section 212 of the Act of June 30, 1932, as amended (5 U.S.C.
59a),] section 872 of the Foreign Service Act of 1946, as amended, or
any other law limiting the reemployment of retired officers or em-
ployees or governing the simultaneous receipt of compensation and
retired pay or annuities, subiect of section 201 of the Dual Compensation
Act of 1963.
SECTION 44 OF THE ARMS CONTROL AND DISARMAMENT
ACT (75 STAT. 636; 22 U.S.C. 2584)
SEC. 44. The members of the General Advisory Committee created
by section 26 of this Act, and the members of the advisory boards, the
consultants, and the individuals of outstanding ability employed
without compensation, all of which are provided in section 41 of this
Act, may serve as such without regard to the provisions of section
281, 283, 284, or 1914 of title 18 of the United States Code, or of sec-
tion 190 of the Revised Statutes (5 U.S.C. 99), or of any other Federal
law imposing restrictions, requirements, or penalties in relation to
the employment of individuals, the performance of services, or the
payment or receipt of compensation in connection with any claim,
proceeding, or matter involving the United States Government, except
insofar as such provisions of law may prohibit any such individual
from receiving compensation from a source other than a nonprofit
educational institution in respect of any particular matter in which
the Agency is directly interested. Nor shall such service be con-
sidered as employment or holding of office or position bringing such
individual within the provisions of section 13 of the Civil Service
Retirement Act (5 U.S.C. 2263), [section 212 of the Act of June 30,
1932, as amended (5 U.S.C. 59a),] or any other Federal law limiting
the reemployment of retired officers or employees or governing the
simultaneous receipt of compensation and retired pay or annuities,
subject to section 201 of the Dual Compensation Act of 1963.
SECTION 626(b) OF PART III OF THE ACT APPROVED
SEPTEMBER 4, 1961 (75 STAT. 451; 22 U.S.C. 2386(b))
SEC. 626. EXPERTS, CONSULTANTS, AND RETIRED OFFICERS.-(a)
(b) Service of an individual as an expert or consultant under sub-
section (a) of this section shall not be considered as service or employ-
ment bringing such individual within the provisions of section 281,
283, or 284 of title 18 of the United States Code, or of section 190 of
the Revised Statutes (5 U.S.C. 99), or of any other Federal law
imposing restrictions, requirements, or penalties in relation to the
employment of persons, the performance of services, or the payment
or receipt of compensation in connection with any claim, proceeding,
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or matter involving the United States Government, except insofar its
such provisions of law may prohibit any such individual from receiving
compensation in respect of any- particular matter in which such indi-
vidual was directly involved in the performance of such service. Nor
shall such service be considered as einployument or holding- of office
or position bringing such individual within the provisions Of section
13 of the Civil Service Retirement Act, as amended (5 U.S.L. 2263),
[section 212 of Public Law 72-212, as amended (5 U.S.C. 59a),]
section 872 of the Foreign Service Act of 1946, as amended, or any
other law limiting the reemployment of retired officers or employees
or governing the simultaneous receipt, of compensation and retired pay
or annuities, subject to section 201 of the Dual Compensation Act of
1963.
SECTION 28;OF THE ATOMIC ENERGY ACT OF 1954
(68 STAT. 926; 42 U.S.C. 2038)
Sec. 28. APPOINTMENT OF ARMY, NAVY, ott AIR FORCE OFFICERS.
Notwithstanding the provisions of any other law, any active officer of
the Army, Navy, or Air Force may serve as Director of the Division
of Military Application -without prejudice to his commissioned status
as such officer. Any such officer serving as Director of the Division
of Military Application shall receive in addition to his pay and allow-
ances, including special and incentive pays, an amount equal to the
difference between such pay and allowances, including special and
incentive pays, and the compensation prescribed in section 25. Not-
withstanding the provisions of any other law, any active or retired
officer of the Army, Navy, or Air Force may serve as Chairman of the
Military Liaison ~'onuuittee without prejudice to his active or retired
status as such officer. [Any such officer serving as Chairman of the
Military Liaison Committee shall receive, in addition to his pay and
allowances, including special and incentive pays, or in addition to his
retired pay, an amount equal to the difference between such pay and
allowances, including special and incen Live pays, or between his retired
pay, and the compensation prescribed for the Chairman of the Military
Liaison Committee.] Any such active officer servinq as Chairman of
the Military Liaison Committee shall receive, in addition to his pay and
allowances, including special and incentive pays, an amount equal to the
difference between such pay and allowances, including special and incen-
tive pays, and the compensation fixed for such Chairman. Any such
retired officer serving as Chairman of the Military Liaison Committee
shall receive the compensation Fred for suck Chairman and his retired
pay, subject to section 201 of the Dual Compensation Act of 1.90'3.
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DUAL EMPLOYMENT AND DU
SECTION
ACT 204(d) OF OF THE 1958 (72 STATN 432; 42 U.S.C.
CIVILIAN-MILITARY LIAISON COMMITTEE
SEC. 204. (a) * * *
(d) Notwithstanding the provisions of any other law, any active or
retired officer of the Army, Navy, or Air Force may serve as Chair-
man of the Liaison Committee without prejudice to his active or re-
tired status as such officer. [The compensation received by any such
officer for his service as Chairman of the Liaison Committee shall be
equal to the amount (if any) by which the compensation fixed by sub-
section (a)(1) for such Chairman exceed this pay and allowances
(including special and incentive pays) as an active officer, or his
retired pay.] Any such active officer serving as Chairman of the
Liaison Committee shall receive, in addition to his pay and allowances,
including special and incentive pays, an amount equal to the difference
between such pay and allowances, including special and d such incentive ,
and the compensator fixed by subsection (a)(1) for
Any such retired officer serving as Chairman of the Liaison CC hai rman,
shall receive the compensation fixed by subsection (a) O fr
and his retired pay, subject to section 201 of the Dual Compensation Act
of 1963.
SECTION 3(b) (1) OF THE ACT OF AUGUST 28, 1958 (72 STAT.
1091; PUBLIC LAW 85-850)
SEC. 3. (a) * * *
(b) The Commission shall be composed of eleven members ap-
pointed by the President as follows:
(1) One member, who shall serve as Chairman, and who shall
be a resident from the area comprising the Savannah, Altamaha,
Saint Marys, Apalachicola-Chattahoochee, and Perdido-Escam-
bia River Basins (and intervening areas) embraced within the
States referred to in the first section of this Act and who shall not,
during the period of his service on the Commission, hold any
other position as an officer or employee of the United States,
except that a retired military officer or a retired Federal civilian
officer or employee may be appointed under this Act without
prejudice to his retired [status, and he shall receive compensa-
tion as authorized herein in addition to his retired pay or annuity,
but the sum of his retired pay or annuity and such compensation
as may be payable hereunder shall not exceed $12,000 in any
one calendar year;] status. A retired Federal civilian officer or
employee appointed under this Act shall receive compensation as
authorized herein in addition to his annuity, but the sum of his
annuity and such compensation as may be payable hereunder shall
not exceed $12,000 in any one calendar year. A retired military
officer appointed under this Act shall receive compensation, as
authorized herein and his retired pay, subject to section 201 of the
Dual Compensation Act of 1963;
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C. EMPLOYMENT AND DUAL COMPENSATION
SECTION 9 OF THE ACT OF OCTOBER 6, 1917 (40 STAT. 384;
D.C. CODE, SEC. 31--631)
tixc. t>. [That section six of the legislative, executive, and judicial
alipropriatio-t Act, approvccl :flay tenth, nineteen hundredand sixteen
as amended by the naval appropriation Act., approved August twenty-
ninlh, nineteen hundred and sixteen.] Section 301 of the Thin/ f am-
prnsation Ad of 1963 shall not apply to teachers in the public schools
of the District of Columbia who are also employed its teachers of night
schools and vacation schools,
SECTION 6 OF THE ACT OF MARCH 3, 1925 (43 SPAT. 1108),
AS AMENDED BY THE ACT OF JANUARY 27, 1926 (44 STAT.
2; 2 U.S.C. 162; 5 U.S.C. 60)
St;c. 6. E-uliloyecs of the Library of congress who perform special
functions fnr the erforniance of w)iicli funds have been entrusted to
the board or the librarian, or in connection with con e
takings in which the Library of Congress is engaged shall notl be
subject to the proviso contained in the Act imiaking 111) irnlbriittions for
the legislative, executive, and judicial expenses of the Government fur
the fiscal year ending June 30, 1918, and for other purposes, approved
march 3, 1917, in Thirty-ninth Statutes at Large, at page 1106; [nor
shall any additional compensation so paid to such employees be con-
strued as a double salary under the provisions of section 6 of the Act
making appro riations for the legislative, executive, and judicial ex-
penses of the Aoxernruent for time fiscal year ending June :30, 1917 as
a-nended ('1'lIirty-ninth Statutes at Large, page 582)] and section. 301
of the Dual (Drupensgrtinn Art of 1.763 drill not apply to any additional
compensation so paid to .xurfi. ernpioyees.
ACT OF JULY 1, 1942 (56 STAT. 467; D.C. CODE, SEC. 31-631a)
AN ACT To exempt custodial employees of the District of Columbia Board of
Education from the operation of the provisions of section 6 of the Legislative.
Executive, and Judicial Appropriation Act, approved May If), 1916
Be it enacted by the Senate and II"use of dieprescntatires of the United
=Sates of Aaiierica in Congress assembled, ['c'hat, section 6 of the Act
entitled "Air Act, making appropriations for the legislative, executive,
and judicial expenses of the Government for the fiscal year ending
June 30, 1917", approved Max 10, 1916 (39th Stat. 129), and Acts
arnendatory thereto,] That section 301 of life Dual Cornpensatirrn Jet
of 1963 shall not apply to the custodial employees who are in the
employ of the Board of Education of the District of Columbia when
such employees are performing work required of theta in school
buildings during the time these buildings are used for nonrecreational
official I)urpuses by any Federal agency or department of the District
of Colunibiii goxern-irrnt other than the Board of Education, in
accordance with the rules of the Board of Education governing the
use of school buildings and grounds, including their use for day or
evening schools: and nothing therein contained shall be deemed to
prevent any custodial employee from receiving in addition to his Pax,
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DUAL EMPLOYMENT AND DUAL COMPENSATION
salary, or compensation as an employee of the Board of Education
of the District of Columbia any other pay, salary, or compensation
at a rate not in excess of the rate of pay received as an employee of
the Board of Education, for services which may have been rendered
subsequent to May 31, 1941, or which may hereafter be rendered to
any Federal agency or department of the District of Columbia govern-
ment other than the Board of Education, during its use of school
buildings under the jurisdiction of the Board of Education of the
District of Columbia.
SECTION 2 OF THE ACT OF JULY 22, 1947 (61 STAT. 400, 74
STAT. 11; 33 U.S.C. 873)
SEC. 2. The Secretary of Commerce is hereby 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 seismo-
graphs or magnetographs, at such rates as may be specified from time
to time by him and without regard to section 301 of the Dual Compensa-
tion Act of 1963.
SECTION 3 OF THE ACT OF JUNE 2, 1948, AS AMENDED (62
STAT. 286, 74 STAT. 11; 15 U.S.C. 327)
SEC. 3. The Secretary of Commerce is hereby 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 the Classification Act of 1949, as
amended (5 U.S.C. 1071 and the following), and titles II and III of
the Federal Employees Pay Act of 1945, as amended (5 U.S.C. 911
and the following), 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 301 of the Dual Compensation
Act of 1.963.
SECTION 10(b) OF THE DEFENSE DEPARTMENT OVERSEAS
TEACHERS PAY AND PERSONNEL PRACTICES ACT (73
STAT. 217; 5 U.S.C. 2358(b))
SEC. 10. (a) * * *
(b) In the case of any teacher who
(1) is performing services as a teacher at the close of a school
year.
(2) agrees in writing to serve as a teacher for the next school
year, and
(3) is employed in another position in the recess period imme-
diately preceding such next school year, or, during such recess
period, receives quarters, allowances, or additional compensation
referred to in sections 7 and 8 of this Act, or both, as the case
may be,
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DEAL EMPLOYMENT AND DUAL COMPENSATION
section [2 of the Act of July :31, 1894 (5 U.S.C. 62), relative to the
holding of more than one ofl`tce, section 6 of the Act of May 10, 1916
(5 U.S.C. 58 and 59), relative to double salaries, and any other law
relating to the receipt of more than one salary or the holding of more
than one office] 301 of the Dual Compensation Act of 1968 shall not
apply to such teacher by reason of any such employment during a
recess period or any such receipt of quarters, allowances, or additional
compensation, or both, as the case may be.
SECTION 102 OF CHAPTER 7 OF TITLE 2, CANAL ZONE CODE
(76A STAT. 15)
? 102. Exemption of teachers with respect to dual offices and double salaries
[-S ection 2 of the Legislative, Executive, and Judicial Appropriation
Act, approved July :31, 1894, as amended (28 Stat. 205; 5 U.S.C., see.
62), and section 6 of the Legislative, Executive, and Judicial Appro-
priation Act, approved May 10, 1916, as amended (39 Stat. 120; 5
U.S.C., sec. 58), do] Section 301 of the Dual Compensation Act of 1963
does not apply to teachers in the public schools of the Canal Zone who
are also employed in night schools or in vacation schools or programs.
SECTION 23(b) OF TITLE 13, UNITED STATES CODE
? 23. Additional officers and employees
(it) * * *
(b) In addition to employees of the Department of Commerce,
employees of other departments and independent offices of the
Government may, with the consent of the head of the respective
department or office, be etnplo,ved and compensated for field work in
connection with the work provided for by law without regard to section
301 of the Dual (_:ornperi atiori Act of 1963.
SUBSECTIONS (a) AND (c) OF SECTION 3335 OF TITLE 39,
UNITED STATES CODE
(a) The Postmaster General may appoint an employee to more
th:ut one position and he shall pay compensation at. the rate provided
by law for each position, without regard to the provisions of sections
58, 62, 69, and 70 of title 5] sections 69 and 70 of title 5 and section 301
of the Mural Compensation Act of 1963.
* r * * * *
(c) The Postmaster General, with the consent of the Administrator
of General Services, may appoint custodial employees working under
the jurisdiction of the General Services Administration at `ederal
buildings occupied in part by the Postal Service to positions in the
Postal Service to perform postal duties in addition to their regular
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DUAL EMPLOYMENT AND DU
duties as custodial employees, and he shall pay compensation to them
at the rate provided by law without regard to [sections 58, 62, 69,
and 70 of title 5] sections 69 and 70 of title 5 and section 301 of the
Dual Compensation Act of 1963.
SECTION 1763 OF THE REVISED STATUTES (5 U.S.C. 58)
[SEc. 1763. No person who holds an office, the salary or annual
compensation attached to which amounts to the sum of two thousand
five hundred dollars, shall receive compensation for discharging the
duties of any other office, unless expressly authorized by law.]
SECTION 2074 OF THE REVISED STATUTES (25 U.S.C. 50)
[SEc. 2074. No person shall hold more than one office at the same
time under this Title, nor shall any agent, sub-agent, interpreter, or
person employed under this Title, receive his salary while absent from
his agency or employment, without leave of the superintendent, or
Secretary of the Interior; but such absence shall at no time exceed
sixty days.]
ACT OF JULY 27, 1882 (22 STAT. 176)
[AN ACT To authorize the preparation and pijblication of a classified, analytical,
and descriptive catalogue of all government publications from July fourth,
seventeen hundred and seventy-six, to March fourth, eighteen hundred and
eighty-one.
[Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That there be prepared and
published, under the direction of the Joint Committee on Printing, a
classified, analytical, and descriptive catalogue of all publications made
by the authority of the Government of the United States and the pre-
ceding government of the Colonies, and all departments, bureaus, and
offices thereof, from July fourth, seventeen hundred and seventy-six, to
March fourth, eighteen hundred and eighty-one; and upon the request
of the said joint committee, the officers of the Senate and House of
Representatives, and the heads of all the executive departments and of
all the bureaus and offices thereof, shall furnish to said joint commit-
tee all such information and assistance in reference to said publications
as will facilitate or assist in. the completion of said work; and the sum
of ton thousand dollars is hereby appropriated for the purposes of this
act which sum may be expended as additional pay or compensation to
any officer or employe of the United States.]
THE SENTENCE IN THE ACT OF FEBRUARY 25, 1885
(23 STAT. 329)
[And hereafter no consul or consul-general shall be entitled to or
allowed any part of any salary appropriated. for payment of a secre-
tary or second secretary of legation or an interpreter.]
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SECTION 4395 OF THE REVISED STATUTES AS AMENDED
BY TILE ACT OF JANUARY 20, 1888 (25 STAT. 1)
[Say. 4:195. That there shall be appointed by the President, by and
with the advice and consent of t.lie Senate, a person of scientific and
practical acquaintance with the fish and fisheries to be a Commissioner
of Fisli and Fisheries, and lie shall receive a salary at the rate of five
thousand dollars a year, slid lie shall be reniovable at the pleasure of
the President.. Said Commissioner shall not hold any other office or
employment under the authority of the United States or anState.y ]
JOINT RESOLUTION 1NO. 31 OF FEBRUARY 5, 1889
(25 STAT. 1019)
[JOINT RESOLUTION Accepting the invitation of the Imperial German Gov-
ernment to the Government of the t"nited states to become a party to the
International Geodetic Association
[I%liereas, the Government of the United States has been invited
by the imperial German Government to become a party to the Ititer-
naational Geodetic Association: Therefore,
[lie oh.ed by (lie Sale and Mouse of Ii'eprescntat-jecs of the L-United
`state, of America in (ongress assembled. That, the President be, and
he is hereby, requested and authorized to accept said invitation, and
that he is hereby authorized and requested to appoint. it delegate, who
shall be an officer of the United States Geodetic and Coast Survey,
to attend the next meeting of said International Geodetic Association,
but no extra salary or additional compensation shall be paid to such
by reason of such attendance.]
SECTION 2 OF TILE ACT OF JULY 31, 1894 (28 STAT.;205), AS
AMENDED BY THE ACT OF MAY 31, 1924 (43 STAT. 245), BY
SECTION 6 OF THE ACT OF JULY 30, 1937 (50 STAT. 549),
AND BY THE ACT OF JUNE 25, 1938 (52 STAT. 1194), RE-
LATING TO THE HOLDING OF TWO OFFICES (5 U.S.C. 62)
[Sac. 2. That the pay of assistant messengers, firemen, watchmen.
laborers, and charwomen provided for in this Act, unless otherwise
specially stated, shall be as follows: For assistant messengers, firemen,
and watchnien, at the rate of seven hundred and twenty dollars per
annuni each; for laborers, at the rate of six hundred and sixty dollars
per annum each, and for cliarwonmen, at the rate of two hunched and
forty dollars per annum each. No person who holds an office the sal-
ary or annual compensation attached to which aniounis to the suns of
two thousand fir-e hundred dollars shall be appointed to or hold any
other office to which conipenotion is attached unless -specially hereto-
fore or hereafter specially authorized thereto by law; but this shall not
apply to retired officers of the Army, Navy, Marine Corps or Coast
Guard whenever they piny be elected to public office or whenever the
('resident shall appoint them to office by and with the advice and
consent of the Senate. Retired enlisted nien of the Army, Navy,
Marine Corps, or Coast Guard retired for any cause, and retired
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DUAL EMPLOYMENT AND DUAL COMPENSATION 35
officers of the Army, Navy, Marine Corps, or Coast Guard who have
been retired for injuries received in battle or for injuries or incapacity
incurred in line of duty shall not, within the meaning of this section,
be construed to hold or to have held an off'i,ce during such retirement.]
THE FIFTH PARAGRAPH OF THE ACT OF FEBRUARY 20, 1895
(28 STAT. 676)
[The compensation of said commissioners shall be fixed by the
Secretary of the Treasury, but the same shall not exceed six dollars
per day and. actual traveling expenses: Provided, however, That the
member of said commission appointed from, the Treasury Department
shall be paid only his actual traveling expenses.]
SECTION 7 OF THE ACT OF JUNE 3, 1896 (29 STAT. 235; 5
U.S.C. 63)
[SEC. 7. That section two of the Act making appropriations for
the legislative, executive, and judicial expenses of the Government
for the fiscal year ending June thirtieth, eighteen hundred and ninety-
five, and for other purposes, approved July thirty-first, eighteen
hundred and ninety-four, shall not be so construed as to prevent the
employment of any retired officer of the Army or Navy to do work
under the direction of the Chief of Engineers of the United States
Army in connection with the improvement of rivers and harbors of
the United States, or the payment by the proper officer of the Treasury
of any amounts agreed upon as compensation for such employment.]
SECTION 7 OF THE ACT OF JUNE 28, 1902 (32 STAT. 483)
[Si,.c. 7. That to enable the President to construct the canal and
works appurtenant thereto as.. provided in this Act, there is hereby
created the Isthmian Canal Commission, the same to be composed of
seven members, who shall be nominated and appointed by the Presi-
dent, by and with the advice and consent of the Senate, and who shall
serve until the completion of said canal unless sooner removed by the
President, and one of whom shall be named as the chairman of said
Commission. Of the seven members of said Commission at least four
of them shall be persons learned and skilled in the science of engineer-
ing, and of the four at least one shall be an officer of the United States
Army, and at least one other shall be an officer of the United States
Navy, the said officers respectively being either upon the active or the
retired list of the Army or of the Navy. Said commissioners shall
each receive such compensation as the President shall prescribe until
the same shall have been otherwise fixed by the Congress. In addi-
tion to the members of said Isthmian Canal Commission, the President
is hereby authori-red through said Commission to employ in said serv-
ice any of the engineers of the United States Army at his discretion,
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DUAL EMPLOYMENT AND DUAL COMPENSATION
and likewise to employ any engineers in civil life at his discretion, and
any other persons necessary for the proper and expeditious prosecu-
tion of said work. The compensation of all such engineers and other
persons employed under this Act shall be fixed by said Commission,
subject to the approval of the President. The official salary of any
officer appointed or employed under this Act shall be deducted from
the amount of salary or compensation provided by or which shall be
fixed under the terms of this Act. Said Commission shall in all mat-
ters be subject. to the direction and control of the President, and shall
make to the President annually and at such other periods its may be
required, either by law or by the order of the President full and com-
plete reports of Al their actings and doings and of all moneys received
and expended in the construction of said work and in the performance
of their duties in connection therewith, which said reports shall be by
the President transmitted to Congress. And the said Commission
shall furthermore give to Congress, or either House of Congress, such
information as may at any time be required either by Act of Congress
or by the order of either House of Congress. The President shall
cause to be provided and assigned for the use of the Commission such
offices as may, with suitable equipment. of the same, be necessary
and pro or, in his discretion, for the proper discharge of the duties.
thereof.
* * *
THE PARAGRAPH OF TIIE ACT OF MARCH 4, 1909 (35 STAT.
931), RELATING TO THE PAY OF RETIRED ARMY AND
NAVY OFFICERS AND ENLISTED MEN THEN IN THE EM-
PLOY OF THE ISTHMIAN CANAL COMMISSION
[Authority is hereby granted for the payment of salaries and wages.
accrued or hereafter earned of retired army and navy officers and
enlisted nien now in the employment of the jstliinian Canal Commis-
sion, in addition to their retired pay, where their compensation under
such employment does not exceed two thousand five hundred dollar.
per annum.]
THE SECOND PARAGRAPH UNDER THE CENTER HEADING
"THE ISTHMIAN CANAL" WITH THE SIDE HEADING
"NATIONAL WATERWAYS COMMISSION:" IN THE ACT
OF AUGUST 5, 1909 (36 STAT. 130)
s * * * * * *
[NATIONAL WATERWAYS CoMMissioN: Any officer or employee of
the Government, heretofore or hereafter employed by the National
I,%Taterways Commission not to exceed three persons at any one time
may receive compensation for suchieinp loyment from the money-
appropriated for said commission, notwithstanding the provisions of
Revised Statutes, sections seventeen hundred and sixty-three, seven-
teen hundred and sixty--four, and seventeen hundred and sixty-five,
and the Act approved July thirty-first, eighteen hundred and ninety-
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four, entitled "An Act making appropriations for the legislative,
executive, and judicial expenses of the Government for the fiscal
year ending June thirtieth., nineteen hundred and five, and for other
purposes," and any other law whatsoever relating to such employ-
ment and compensation; and, in addition to the traveling and other
expenses of members of the commission and their employees, the
actual necessary expenses of persons detailed by any department or
bureau of the Government while accompanying said commission on
any inspection trip in the United States or elsewhere may be paid
from the money appropriated for said commission.]
SECTION 12 OF THE ACT OF AUGUST 20, 1912 (37 STAT. 319;
7 U.S.C. 165)
[SEc. 12. That for the purpose of carrying out the provisions of
this Act there shall be appointed by the Secretary of Agriculture from
existing bureaus and offices in the Department of Agriculture, includ-
ing the Bureau of Entomology, the Bureau of Plant Industry, and the
Forest Service a Federal Horticultural Board consisting of five
members, of whom not more than two shall be appointed from any
one bureau or office, and who shall serve without additional
compensation.]
SECTION 6 OF THE ACT OF MAY 10, 1916 (39 STAT. 120; 5
U.S.C. 58), AS AMENDED BY THE ACT OF AUGUST 29, 1916
(39 STAT. 582; 5 U.S.C. 59)
[SEC. 6. That unless otherwise specially authorized by law, no
money appropriated by this or any other Act shall be available for
payment to any person receiving more than one salary when the
combined amount of said salaries exceeds the sum of $2,000 per
annum, but this shall not a ply to retired officers or enlisted men of
the Army, Navy, Marine Corps, or Coast Guard, or to officers and
enlisted men of the Organized Militia and Naval Militia in the several
States, Territories, and the District of Columbia: Provided, That no
such retired officer, officer, or enlisted man shall be denied or deprived
of any of his pay, salary, or compensation as such, or of any other
salary or compensation for services heretofore rendered, by reason
of any decision or construction of said section six.]
SECTION 8 OF THE ACT OF MARCH 21, 1918 (40 STAT. 455-456)
tSEC. 8. That the President may execute any of the powers herein
and heretofore granted him with relation to Federal control through
such agencies as he may determine, and may fix the reasonable
compensation for the performance of services in connection therewith,
and may avail himself of the advice, assistance, and cooperation
of the Interstate Commerce Commission and of the members and
employees thereof, and may also call upon any department, com-
mission, or board of the Government for such services as he may
deem expedient. But no such official or employee of the United
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States shall receive any additional compensation for such services
except as now permitted by law.]
SECTIONS 3 AND 4 OF THE WAR FINANCE CORPORATION
ACT (40 STAT. 507; 15 U.S.C. 333 AND 334)
[SEc. 3. That the management of the Corporation shall be vested
in a board of directors, consisting of the Secretary of the Treasury,
who shall be chairman of the board, and four other persons, to be
appointed by the President of the United States, by and with the
advice and consent of the Senate. No director, officer, attorney,
agent, or employee of the Corporation shall in any nnanner, direc-t
y
o
r indirectly, participate in the determination of any question
affecting his personal interests, or the interests of any corporation,
partnership, or association, in which he is directly or indirectly
interested; and each director shall devote his time, not otherwise
required by the business of the United States, principally to the
business of the Corporation. Before entering upon his duties, each
of the four directors so appointed, and each officer, shall take an
oath faithfully to discharge the duties of his office. Nothing cou-
tained in this or any other Act shall be construed to prevent the
appointment as a director of the Corporation of any officer or em-
ployee under the United States or of a director of a Federal reserve
bank.
[Of the four directors so appointed, the President of Lite United.
States shall designate two to serve for two years, and two for four
years; and thereafter each director so appointed shall serve for four
years. Whenever a vacancy shall occur among the directors so
appointed, the person appointed director to fill any such vacancy
shall hold office for the unexpired . term of the member whose place
he is selected to fill Any dlirector shall be subject to removal by
the President of the United States. Three members of the board
of directors shall constitute a quorum for the transaction of business.
[Si-:c. 4. That the four directors of the Corporation appointed as
hereinbeforo provided shall receive annual salaries payable monthly
of $12,000. Any director receiving from the United States any
salary or compensation for services shall not receive as salary front
the Corporation any amount which, together with any salary or
compensation received from the United States, would make the
total amount paid to him by the United States and by the Corpor-
ation exceed $12,000.]
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THE LAST PARAGRAPH UNDER THE HEADING "DISTRICT'
OF COLUMBIA." AND UNDER THE SUBHEADING "PUBLIC
SCHOOLS." CONTAINED IN THE FIRST SECTION OF THE
ACT OF JULY 8, 1918 (40 STAT. 823; D.C. CODE, SEC. 31-631)-
DISTRICT OF COLUMBIA
* * * * * * *
[Section six of the legislative, executive, and judicial appropria-
tion Act, approved May tenth, nineteen hundred and sixteen, as
amended, shall not apply to employees of the community center de-
partment of the public schools of the District of Columbia.]
THE NINTH PARAGRAPH UNDER THE HEADING "DISTRICT
OF COLUMBIA." AND UNDER THE SUBHEADING "PUBLIC
SCHOOLS." CONTAINED IN THE FIRST SECTION OF THE
THIRD DEFICIENCY ACT, FISCAL YEAR 1920 (41 STAT.
1017; D.C. CODE, SEC. 31-631)
DISTRICT OF COLUMBIA.
* * * * * * *
PUBLIC SCHOOLS.
* * * * * * *
[Section 6 of the Legislative, Executive, and Judicial Appropria-
tion Act approved May 10, 1916, as amended, shall not apply to em-
ployees of the school garden department of the public schools of the
District of Columbia.]
THE PROVISO CONTAINED IN THE PARAGRAPH! UNDER THE
HEADING "BUREAU OF THE BUDGET" IN THE ACT OF
FEBRUARY 17, 1922 (42 STAT. 373; 5 U.S.C. 64)
Director, $10,000: [Provided, That section 2 of the Act making
appropriations for the legislative, executive, and judicial expenses
of the Government for the fiscal year ending June 30, 1895, and for
other purposes, approved July 31, 1894, shall not be construed as
having application to retired officers of the Army, Navy, Marine Corps,
or Coast Guard who may be appointed to the offices created by section
207 of the Budget and Accounting Act, 1921, approved June 10,
1921, within the meaning of precluding payment to such officers of
the difference in pay proscribed for such offices and their retired pay;]
Assistant Director, $7,500; for all other necessary expenses of the
bureau, including compensation of attorneys and other employees
in the District of Columbia, printing, binding, telegrams, telephone
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service, law books, books of reference, periodicals, stationery, furni-
ture, office equipment, other supplies, traveling expenses, street car
fares, per diem in lieu of subsistence not exceeding $4 for officers and
employees while absent from the sent of government on official duty,
$137,300; in all $154,800,
SECTION 212 OF THE ACT OF JUNE 30, 1932 (47 STAT. 406),
AS AMENDED BY SECTION 3 OF THE ACT OF JULY 15, 1940
(54 STAT. 761), BY THE ACT OF FEBRUARY 20, 1954 (68
STAT. 18), BY SECTION 2 OF THE ACT OF AUGUST 4, 1955
(69 STAT. 498), BY SECTION 2201(11) OF THE ACT OF JUNE
17, 1957 (71 STAT. 158), AND BY SECTION 13(d) OF THE
ACT OF SEPTEMBER 2, 1958 (72 STAT. 1264)
[LIMITATIONS ON AMOUNT OF RETIRED PAY
[SEC. 212. (a) After the date of the enactment of this Act, no
person holding a civilian office or position, appointive or elective,
under the United States Government or the municipal government
of the District of Columbia or under any corporation, the majority
of the stock of which is owned by the United States, shall be entitled,
during the period of such incumbency, to retired pay from the United
States for or on account of services as a commissioned officer in any
of the services mentioned in the Pay Adjustment Act of 1922 [U.S.C.,
title 371, at a rate in excess of an amount which when combined
with the annual rate of compensation from such civilian office or
position, makes the total rate from both sources more than $10,000;
and when the retired pay amounts to or exceeds the rate of $10,000
per annum such person shall be entitled to the pay of the civilian
office or position or the retired pay, whichever he may elect. As
used in this section, the term "retired ay" shall be construed to
include credits for all service that lawfully may enter into the com-
putation thereof.
[(b) This section shall not apply to any person whose retired pay,
plus civilian pay, amounts to less than $10,000: Provided, That this
section shall not apply to any regular or emergency commissioned
officer retired for disability (1) incurred in Combat with an enemy of
the United States, or (2) caused by an instrumentality of war and
incurred in line of duty during a period of war (as that term is used
in chapter 11 of title 38, United States Code).]
ACT OF SEPTEMBER 13, 1940 (54 STAT. 885)
[JOINT RESOLUTION To authorize Jesse 11. Jones, Federal Loan Adminis-
trator, to be appointed to, and to perform the duties of, the Office of Secretary
of Commerce
[Resolved by the Senate and Mouse of Representatives of the United
States of America in Uongress assembled, That notwithstanding any
provision of law to the contrary, Jesse H. Jones, Federal Loan Admin-
istrator, may continue in such office and be appointed to, in the
manner now provided by law, and may exercise the duties of the
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Office of Secretary of Commerce: Provided, That the total compen-
sation to be paid him as Secretary of Commerce and as Federal Loan
Administrator shall be that provided by law for the Secretary of
Commerce.]
ACT OF MARCH 29, 1945 (59 STAT. 38)
[JOINT RESOLUTION Providing for the employment of Government employ
ees for folding speeches and pamphlets, House of Representatives
[Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That notwithstanding the
provisions of the Act of May 10, 1916, as amended by the Act of
August 29, 1916, the Doorkeeper of the House of Representatives is
hereby authorized during the Seventy-ninth Congress to employ,
whenever necessary, the services of Government employees for fold-
ing speeches and pamphlets at the prevailing rates provided by law.]',
ACT OF AUGUST 10, 1946 (60 STAT. 978), AS AMENDED BY
THE ACT OF OCTOBER 29, 1951 (65 STAT. 662)
[AN ACT To authorize the Veterans' Administration to appoint and employ
retired officers without affecting their retired status, and for other purposes
[Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That notwithstand-
ing section 2 of the Act of July 31, 1894 (28 Stat. 205), as amended.
(5 U.S.C. 62), or section 6 of the Act of May 10, 1916 (39 Stat. 120),
as amended (5 U.S.C. 58, 59), the Administrator of Veterans' Affairs
may appoint to, and employ in, any civilian office or position in the
Veterans' Administration, and pay, any retired commissioned officer,
or.retired warrant officer, of the Army, Navy, Marine Corps, Coast
Guard, Coast and Geodetic Survey, and Public Health Service. The
retired status, office, rank, and grade of retired commissioned officers,
or retired warrant officers, so appointed or employed and, except as
provided in section 212 of the Act of June 30, 1932 (47 Stat. 406), as
amended (5 U.S.C. 59a), any emolument, perquisite, right, privilege,
or benefit incident to or arising out of any such status, office, rank, or
grade, shall be in no way affected by reason of such appointment to
or employment in, or by reason of service in, or acceptance or holding
of, any civilian office or position in the Veterans' Administration or
the receipt of the pay thereof.
[SEc. 2. The authority to employ retired commissioned officers or
retired warrant officers contained in section 1 of this Act shall be
effective for a period of 10 years from the date of enactment.]
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THE FIFTH SENTENCE OF SECTION 3 OF THE RECONSTRUC-
TION FINANCE CORPORATION ACT, AS IN EFFECT ON
JUNE 30, 1947 (47 STAT. 6), AND AS CONTINUED BY SEC-
TION 3(a) OF SUCH ACT, AS AMENDED (61 STAT. 203, 62
STAT. 262; 15 U.S.C. 603(a))
Sh;c.3.***
[Nothing contained in this or in any other Act shall be construed to
prevent the appointment and compensation as an employee of the
corporation of any officer or employee of the United States in any
board, commission, independent establishment, or executive depart-
merit thereof.]
SECTION 2 OF THE ACT OF JULY 11, 1947 (61 STAT. 311; D.C.
CODE, SEC. 4-183)
[5r:c. 2. Notwithstanding the. limitations of existing lm v, the said
Commissioners niay appoint to, and employ in, the position of director
of such band, any retired officer of the United States Army, Navy,
Marine Corps, or Coast Guard, and such retired officer shall be entitled
to receive, in addition to his retired pay, the compensation authorized
by this Act to be paid to such director, such additional compensation
to be payable from District of Columbia appropriations.]
SECTION 3 OF THE ACT OF APRIL 21, 1948, AS AMENDED
(7 U.S.C. 438)
[SEc. 3. Until December 31, 1949,' the Secretary of the Army may
detail to the Department of Agriculture such military personnel, in-
cluding officers in the Veterinary Corps of the Iedical Department, as
lie may determine with the Secretary of Agriculture to be desirable to
effectuate the purposes of this Act or to safeguard the interest of the
United States. Notwithstanding the limitations contained in existing
law, retired officer personnel of the Department of the Army, if
employed by the Department of Agriculture for the purposes of this
Act only, may receive in addition to their retired pay civilian salary
to the extent that the trial from both sources does not exceed the pay
and allowances received by such persons in the permanent grade last
held by theta prior to retirement.]
* * * * * * *
SECTION 9 OF THE, ACT OF JUNE 4, 1948 (62 STAT. 342; D.C.
CODE. SEC. 2-1709)
Sp:c. 9. The Armory Board is authorized to employ and fix the
compensation and term of it manager and such personnel as may be
necessary in connection %%itli the operation of the armory for the
secondary purr,ises of this Act without re.gard to the provisions of
(lie civil-service laws and t'lassifcatioit Act. of 1923, as amended [, and
t Ti,, authority of section 3 was Wnttn,"t until tzorember 31,1919, by Department of Agriculture Appro-
priation Act, 1950.
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DUAL EMPLOYMENT AND DUAL COMPENSATION 43
without regard to any prohibition against double salaries contained in
zany other law]. Under the direction of the Board and with written
authorization signed by the members thereof, said manager may
exercise such of the powers vested in the Board by section 6 of this
Act as the Board shall determine.
.SECTION 5(f) OF THE CENTRAL INTELLIGENCE AGENCY
ACT OF 1949, AS AMENDED (65 STAT. 89, 72 STAT. 337;
50 U.S.C. 403f(f)) 1
GENERAL AUTHORITIES
`SEC. 5. In the performance of its functions, the Central Intelligence
Agency is authorized to-
[(f)(1) Notwithstanding section 2 of the Act of July 31, 1894
,(28 Stat. 205), as amended (5 U.S.C.A. 62), or any other law pro-
hibiting the employment of any retired commissioned or warrant
officer of the armed services, the Agency is hereby authorized to
employ and to pay the compensation of not more that fifteen retired
,officers or warrant officers of the armed services while performing
:service for the Agency, but while so serving such retired officer or
warrant officer will be entitled to receive only the compensation of
his position with the Agency, or his retired pay, whichever he may
elect.
[(2) Nothing in this section shall limit or affect the appointment
of and payment of compensation to retired officers or warrant officers
not presently or hereafter prohibited by law.]
SECTION 103 OF THE AMERICAN-MEXICAN TREATY ACT
OF 1950 (64 STAT. 847)
SEC. 103. There are hereby authorized to be appropriated to the
Department of State for the use of the Commission, out of any money
in the Treasury not otherwise appropriated, such sums as may be
necessary to carry out the provisions of the Treaty of February 3,
1944, and other treaties and conventions between the United States
of America and the United Mexican States, under which the United
States Section operates, and to discharge the statutory functions and
duties of the United States Section. Such sums shall be available for
construction, operation and maintenance of stream gaging stations,
and their equipment and sites therefor; personal services and rent in
the District of Columbia and elsewhere; services, including those of
attorneys and appraisers, in accordance with the provisions of Sec-
tion 15 of the Act of August 2, 1946 (5 U.S.C., sec. 55a), at rates for
individuals not in excess of $100 per diem and the United States Com-
missioner is hereby authorized. notwitli standing the provisions of any
other Act, to employ as consuhtants by contract or otherwise without
r Section 5(f) of the Central Intelligence Agency Act was formerly section 6(f) of such Act and was
redesignated as section 5(f) of such Act by section 21(b)(2) of the Government Employees Training Act
M Stat. 337; Public Law 80-507).
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DUAL EMPLOYMENT AND DUAL COMPENSATION
regard to the Classification Act of 1949, as amended, and the civil
service laws and regulations, retired personnel of the Armed Forces
of the United States, who shall not be required to revert to an active
status [, and who shall be entitled to receive, as compensation for such
temporary service, the difference between the rates of pay established
therefor and their retired pay during the period or periods of such
temporary employment]; travel expense, including, in the discretion of
the Commissioner, expenses of attendance at meetings of organiza-
tions concerned with the activities of the Commission which may be
necessary for the efficient discharge. of the responsibilities of the Com-
mission; hire, with or without personal services, of work animals, and
animal-drawn and motor-propelled (including passenger) vehicles
and aircraft and equipment; acquisition by donation, purchase, or
condemnation, of real and personal property, including expenses of
abstracts, certificates of title, and recording fees; purchase of ice and
drinking water; inspection of equipment, supplies and materials by
contract or otherwise; drilling and testing of foundations and dam-
sites, by contract if deemed necessary; payment for official telephone
service in the field in case of official telephones installed in private
houses when authorized under regulations established by the Commis-
sioner; purchase of firearms and ammunition for guard purposes; and
such other objects and purposes as may, be permitted by laws appli-
cable, in whole or in part, to the United States Section: Provided,
That, when appropriations have been made for the commencement or
continuation of construction or operation and maintenance of any such
project, the. United States Commissioner, notwithstanding the provi-
sions of sections 3679, 3732, and 3733 of the Revised Statutes or any
other law, may enter into contracts beyond the amount actually appro-
priated for so much of the work on any such authorized project as
the physical and orderly sequence of construction makes necessary,
such contracts to be subject to and dependent upon future appropria-
tions by Congress.
SECTION 401(a) OF THE FEDERAL CIVIL DEFENSE ACT OF
1950, AS AMENDED (64 STAT. 1254; 50 U.S.C. APP. 2253(a))
SEC. 401. For the purpose of carrying out his powers and duties
under this Act, the Administrator is authorized to----
(a) employ civilian personnel for duty in the United States,
including the District of Columbia, or elsewhere, subject to the
civil-service laws, and to fix the compensation of such personnel
in accordance with the Classification Act of 1949, as amended;
[and, notwithstanding the provisions of any other law, except
those imposing restrictions upon dual compensation, employ,
in a civilian capacity, with the approval of the President, not to
exceed twenty-five retired personnel of the armed services on a
full- or part.-time basis without loss or reduction of or prejudice
to their retired status;]
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DUAL EMPLOYMENT AND DUAL COMPENSATION 40
SUBPARAGRAPH (g) OF THE THIRD PARAGRAPH OF THE
ACT OFIAUGUST 5, 1953 (67 STAT. 366), AS AMENDED BY
THE ACT OF AUGUST 9, 1955 (69 STAT. 590), AND BY THE
ACT OF AUGUST 28, 1957 (71 STAT. 457)
[(g) Notwithstanding section 2 of the Act of July 31, 1894, as
amended (5 U.S.C. 62), section 212 of the Act of June 30, 1932, as
amended (5 U.S.C. 59a) or any other Federal law, one retired offi-
cer of the services mentioned in the Career Compensation Act of
1949 may be appointed to any civilian office or position in the Cor-
regidor-Bataan Memorial Commission created by the Act of August 5,
1953, as amended (36 U.S.C. 426), for a period of not to exceed five
years, and receive retired pay as a retired officer and civilian compen-
sation concurrently. The retired status, office, rank, or grade such
retired officer may occupy or hold, or any emolument, prerequisite,
right, privilege, or benefit, incident to or arising out of such status,
,office, rank or grade, shall be in no way affected by reason of such
appointment to or employment in such Commission.]
SECTION 12 OF THE DISTRICT OF COLUMBIA TEACHERS'
SALARY ACT OF 1955 (69 STAT. 529; D.C. CODE, SEC. 31-1541)
[SEC. 12. Notwithstanding any law or regulation to the contrary,
the Board, on the written recommendation of the Superintendent of
Schools, may employ not more than fifteen retired members of the
armed services of the United States as teachers of military science
and tactics in the public high schools of the District of Columbia, and
such teachers .ante with the ssalary lschedules shall in be entitled section l to this Act, in addition accord-
ance
their retired pay and allowances.]
SECTION 8 OF THE ACT OF SEPTEMBER 7, 1957 (71 STAT.
628; 36 U.S.C.748)
[SEC. 8. Notwithstanding section 2, of the Act of July 31, 1894
{28 Stat. 205), as amended (5 U.S.C. 62), or section 6 of the Act of
May 10, 1916 (39 Stat. 120), as amended (5 U.S.C. 58, 59), the
Chairman of the Commission may appoint to, and employ in,. any
civilian office or position in the Commission, and pay, any retired
commissioned officer,, or retired warrant officer, of the Army, Navy,
Marine Corps, Coast Guard, Coast and Geodetic Survey, or Public
Health Service. The retired status, office, rank, and grade of retired
commissioned officers or retired, warrant officers, so appointed or
employed and, except as provided :n section 212 of the Act of June
30, 1932 (47 Stat. 406), as amended (5 U.S.C. 59a), any emolu-
ment, perquisite, right, privilege, or benefit incident to or arising out
of any such status, office, rank, or grade, shall be in no way affected
by reason of such appointment to or employment in, or by reason of
service in, or acceptance or holding of, any civilian office or position
in the Commission or the receipt of the pay thereof.]
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SECTION 203(b)(11) OF THE NATIONAL AERONAUTICS AND
SPACE ACT OF 1958 (72 STAT. 431; 42 U.S.C, 2473(b)(11))
FUNCTIONS OF TILE ADMINISTRATION
SEC. 203. (a) * * *
(b) In Lite performance of its functions the Administration authorized-
is
[(11) to employ retired commissioned officers of the armed
forces of the United States and compensate them at the rate estab-
lished for the positions occupied by them within the Adminis-
tration, subject only to the limitations in pay set forth in section
212 of the Act of June 30, 1932, as amended (5 U.S.C. 59t,);]
* * *
SECTION 626(c) OF TIIE ACT OF SEPTEMBER 4, 1961
(75 STAT. 451; 22 U.S.C. 2386(c))
SEc. 026. EXPERTS, CONSULTANTS, AND RETmED OFFICERS.--(a)
* *
amended eNOt iL st:~nding section 2 of the Act of July 31, 1894, as
(5 5 t_:. 02), any- retired officer of any of the services
mentioned in the Career Cony sensation Act of 1949, as amended (37
U.S.G. 231 et sect.), may hold any office or appointment under this
Act, but the compensation of any such retired officer shall be subject
to time provisions of section 212 of Public Law 72-212, as amended.]
SECTION 201(d) OF CHAPTER 7 OF TITLE 2, CANAL ZONE
CODE (76A STAT. 21)
? 201. Compensation of persons In military, naval, or Public Health Service who
serve Canal Zone, government or Panama Canal Compar}y
(a) * * *
[(d) In the case of persons retired as members of a regular com-
ponent of the armed forces or the Public Health Service of the United
States who are appointed to or employed in positions in the Canal
Zone Government or the Panama Canal Company, the amount of
their retired pay shall be deducted from the amount of their civilian
salary or compensation. This subsection does not require the deduc-
tion of the retired pay of any warrant officer or enlisted man.]
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SECTION 507 OF THE DEPARTMENT OF DEFENSE APPRO-
PRIATION ACT, 1964 (77 STAT. 264; PUBLIC LAW 88--149)
SEC. 507. Appropriations for the Department of Defense for the
current fiscal year shall be available for: (a) donations of not to
exceed $25 to each prisoner upon each release from confinement in
military or contract prison and to each person discharged for fraudu-
lent enlistment; (b) authorized issues of articles to prisoners, appli-
cants for enlistment and persons in military custody; (c) subsistence
of selective service registrants called for induction, applicants for
enlistment, prisoners, civilian employees as authorized by law, and.
supernumeraries when necessitated by emergent military circum-
stances; (d) reimbursement for subsistence of enlisted personnel
while sick in hospitals, (e) expenses of prisoners confined in non-
military facilities; (f) military courts, boards, and commissions; (g)
utility services for buildings erected at private cost, as authorized by
law, and buildings on military reservations authorized by regulations,
to be used for welfare and recreational purposes; (h) exchange fees,
and losses in the accounts of disbursing officers or agents in accord-
ance with law; (i) expenses of Latin-American cooperation as au-
thorized for the Navy by law (10 U.S.C. 7208) ; and (j) expenses of
apprehension and delivery of deserters, prisoners, and members,
absent without leave, including payment of rewards of not to exceed
$25 in any one case [: Provided, That section 212 of the Act of June 30,
1932 (5 U.S.C. 59a), shall not apply to retired military personnel on.,
duty at the United States Soldiers' Home].
SECTION 4103(b) OF TITLE 38, UNITED STATES CODE
? 4103. Appointments and compensation
(a) * * *
(b) The Chief Medical Director shall be the Chief of the Depart-
ment of Medicine and Surgery and shall be directly responsible to.
the Administrator for the operations of the Department. He shall.
be a qualified doctor of medicine, appointed by the Administrator.
[Section-,62 of title 5 of the United States Code shall not apply to any
individual appointed Chief Medical Director before January 1, 1964;
however, section 59a of title 5 shall apply, in accordance with its,
terms, to any such individual.] During the period of his service as.
such, the Chief Medical Director shall be paid a salary of $21,050 a,
year.
0
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