S. 2351

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP57-00384R000500050014-9
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 12, 2016
• Document Release Date: February 19, 2002
• Sequence Number: 14
• Publication Date: July 29, 1949
• Content Type: REGULATION

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SIST CONGRESS
1ST SESSION
5.2351
IN THE SENATE OF TIE UNITED STATES
JULY 29 (legislative day, JUNE 2), 1949
Mr. JOHNSTON of South Carolina (by request) introduced the following bill;
which was read twice and referred to the Committee on Post Office and
Civil Service
A BILL
To simplify and consolidate the laws relating to the receipt of
compensation from dual employments under the United
States, and for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 Lives of the United States of America in Congress assembled,
3 That unless otherwise specifically authorized by law, any
4 person receiving compensation from any office or position,
5 appointive or elective, under the United States or any
6 department or agency thereof, including Government-owned
7 or controlled corporations, or under the government of the
8 District of Columbia, shall not be eligible to receive com-
9 pensation from any other such office or position except to
10 such extent as will not cause the combined amounts actually
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1 received for any period of time to exceed the rate of $>5,000
2 per annum: Provided, That when the compensation of either
3 office or position amounts to or exceeds the rate of $5,000
4 per annum such person shall be eligible to receive the com-
5 pensation of either office or position, as he, may elect.
6 SEC. 2. For the purpose of this Act, an hourly rate,
7 other than an hourly rate which is paid as a proportionate
8 part of an annual rate, shall be multiplied by two thousand
9 eighty to obtain an equivalent annual rate for the position;
10 and a daily rate, other than a daily rate which is pail as a
11 proportionate part of an annual rate, shall be multiplied
12 by two hundred sixty to obtain an equivalent annual rate
13 for the position.
14 SEC. 3. As used in this Act, the phrase "comper cation
15 from any office or position" shall be construed to include
16 any basic salary, wages, or other emolument, includin y per-
17 manent additions such as statutory pay increases, b-it ex-
18 eluding any temporary additions such as overtime I .ay or
19 night differential, for or on account of servic as a c ~Lvilian
20 officer or employee of the United States, or any department
21 or agency thereof, including Government-owned or controlled
22 corporations, or of the government of the District of Co-
23 lumbia, and retired pay on account of services as a com-
24 missioned officer in any of the services specified in th, Pay
25 Readjustment Act of 1942 (U. S. C., title 3, sec. 101 and
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the following) , but nothing in this Act shall be construed
to apply to retired pay of enlisted men or warrant officers
of such serv"ic"e" 'retired, d, for any cause, nor to retired pay of
Regular, Reserve, or temporary commissioned officers retired
for disability incurred in combat with. an enemy of the United
States or for disabilities resulting from an explosion of an
instrumentality of war in line of duty during an enlistment
or employment as provided in Veterans Regulation Num-
bered 1 (a) , part I, paragraph I.
SEC. 4. The provisions of this Act may be suspended
by order of the President during any period of national
emergency when in his opinion the public interest would be
served by making the services of Federal officers and em-
ployees available for additional duty.
SEC. 5. (a) All laws or parts of laws inconsistent with
the provisions of this Act are hereby repealed, and such
17 repeal shall include but shall not be limited to the following
18 Acts and parts of Acts :
(1) Section 2 of the Act of July 31, 1894 (28 Stat.
205, as amended by the Act of May 31, 1924, 43 Stat.
245) ; section 6 of the Act of July 30, 1937 (50 Stat. 549) ;
and the Act of June 25, 1938 (52 Stat. 1194), relative to
the holding of two offices (U. S. C., title 5, sec. 62
(2) Section 6 of the Act of May 10, 1916 (39 Stat.
120), as amended by the Act of August 29, 1916 (39 Stat.
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1 582), relative to double salaries (U. S. C., title 5, ecs. 58
2 and 59).
3 (3) Section 212 of the Act of June 30, 1932 (47
4 Stat. 406) , as amended by section 3 of the Act I July
5 15, 1940 (54 Stat. 761), relative to limitation of retired
6 pay received for commissioned service when combined with
7 civilian salary (U. S. C., title 5, see..59a).
8 (4) Revised Statutes, section 1763, relative to the
9 receiving of compensation from more than one office.
10 (5) Revised Statutes, section 1764, relative tc addi-
13
tional compensation for extra services (U. S. C., title 5,
sec. 69) .
(6) Revised Statutes, section 1765, relative to addi-
tional compensation to any person whose salary is fixed
15 by law or regulation (U. S. C., title 5, sec. 70).
16 (7) Section 7 of the Act of June 3, 1896 (29 Stat.
17 235), relative to retired officers of the Army and Navy
18 employed on river and harbor improvements (U. 8% C.,
19 title 5, sec. 63) .
20 (8) Section 9 of the Act of October 6, 1917 (40 Stat.
21 384), relative to teachers in the public schools of the District
22 of Columbia who are also employed as teachers of aight
23 schools and vacation schools (U. S. C., title 5, sec. 61) .
24 (9) Act of July 8, 1918, section 1 (40 Stat. 823) , last
25 paragraph under the heading "Public Schools", relative to
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1 employees of the community center department of the public
2 schools of the District of Columbia (U. S. C., title 5, sec. 61) .
3 (10) Act of June 25, 1920, section 1 (41 Stat. 1017),
4 ninth paragraph under the heading "Public Schools", rela-
5 tive to employees of the school garden department of the
6 public schools of the District of Columbia (U. S. C., title
5, sec. 61) .
8 (11) Act of February 17, 1922 (42 Stat. 373), the
9 proviso to paragraph heading "Bureau of the Budget", rel,-
10 tive to retired officers of the Army, Navy, Marine Corps,
11 or Coast Guard, appointed to offices in the Bureau of the
12 Budget (U. S. C., title 5, see. 64).
13 (1.2) Section 6 of the Act of March 3, 1925 (43 Stat.
14 1108) , relative to employees of the Library of Congress
15 receiving additional compensation from trust funds (U. S. C.,
16 title 5, sec. 60) .
17 (13) Section 1 of the Act of March 1, 1929 (45 Stat.
18 1441), as amended by the Act of June 11, 1942 (56 Stat.
19 358, Public Law 605, Seventy-seventh Congress) and the
20 Act of December 23, 1944 (58 Stat. 922, Public Law 555,
21 Seventy-eighth Congress) , relative to dual employment of
22 postal employees (U. S. C., Supp. V, title 39, sec. 136).
23 (14) Act of January 22, 1932, section 3, fifth sen-
24 tence (47 Stat. 5), relative to employees of the Recon-
25 struction Finance Corporation (U. S. C., title 15, sec. 603).
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1 (15) Act of July 1, 1942 (56 Stat. 467, Puk lic Law
2 642, Seventy-seventh Congress), relative to custodial em-
3 ployees of the Board of Education of the District of Columbia.
4 (16) Act of June 28, 1944, section 1 (58 Sta.. 575),
.5 first paragraph, third proviso, under the heading "Finance
6 Department, Finance Service, Army", and similar- provi-
sions in the Act of July 3, 1945, section 1 (59 Stag. 386),
8 first paragraph, third proviso, under the heading "Finance
9 Department, Finance Service, Army", and the Act of July
10 16, 1946, section 1 (60 Stat. 543), first paragraph, third
11 proviso, under the heading "Finance Department, Finance
12 Service, Army", relative to retired military personnel on
13 duty at the United States Soldiers' Home (U. S. C., Supp.
14 V, title 5, sec. 59b) .
15 (17) Act of August 10, 1946 (60 Stat. 978, Public
16 Law 718, Seventy-ninth Congress), relative to ippoint-
17 ment of retired officers in the Veterans' Administration.
18 (b) The Act of June 16, 1938 (52 Stat. 752, Public
19 Law 645, Seventy-fifth Congress; U. S. C., title 28, sec.
20 569), is amended by striking out '13,000 per annum" in
21 the last line and substituting "$5,000 per annum".
22 (c) Nothing in this Act, however, shall be construed
23 to modify or repeal any of the following :
24 (1) Act of August 1, 1941 (55 Stat. 616; Public
25 Law 202, Seventy-seventh Congress), as amended by the
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Act of April 7, 1942 (56 Stat. 200, Public Law 517,
Seventy-seventh Congress), and the Act of November 12,
1945 (59 Stat. 584, Public Law 226, Seventy-ninth Con-
4 gross), relative to receipt of payment for annual leave by
5 civilian employees who enter the armed forces, and receipt
6 of compensation in civilian positions by military personnel
7 on terminal leave from the armed forces (U. S. C., title 5,
10
12
Supp. V, sees. 61a, 61a-1, a-f) .
(2) Naval Reserve Act of June 25, 1938, section 4,
third proviso (52 Stat. 1176), relative to members of the
Naval Reserve receiving pay and allowances from civilian
positions concurrently with pay and allowances under that
13 Act (U. S. C., title 34, sec. 853b) .
14 (3) Public Law 153, Eightieth Congress, approved
15 July 1, 1947, section 1 (b), relative to concurrent receipt
16 of civilian pay and pay and allowances under laws relating
17, to the Officers' Reserve Corps and the Enlisted Reserve
18 Corps.
19 (4) Public Law 153, Eightieth Congress, approved
20 July 1, 1947, section 2, relative to concurrent receipt of
21 civilian pay and pay and allowances under provisions of law
22 relating to the National Guard.
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81ST CONGRESS S,2351
1ST SESSION
To simplify and consolidate the laws relating
to the receipt of compensation from dual
employments under the United States, and
for other purposes.
By Mr. JoHNsTov of South Carolina
JULY 29 (legislative day, JUNE 2), 1949
Read twice and referred to the Committee on post
Office and Civil Service
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A BILL