Title 5, Government Organization and EmployeesRelease 119-110
§5535 Extra Pay for Details Prohibited
Title 5 › PART III — EMPLOYEES › Subpart D — Pay and Allowances › CHAPTER 55 — PAY ADMINISTRATION › SUBCHAPTER IV — DUAL PAY AND DUAL EMPLOYMENT › § 5535
Summary
Officers and employees must not get extra pay for doing someone else's job. Officers may not receive pay above their regular salary when filling a vacant office under sections 3345–3347, and employees may not get extra pay or allowances for acting for another person. Regular, permanent promotions from a lower to a higher grade are allowed.
Full Legal Text
Title 5, §5535
Government Organization and Employees, Source: USLM XML via OLRC
(a)An officer may not receive pay in addition to the pay for his regular office for performing the duties of a vacant office as authorized by section 3345–3347 of this title.
(b)An employee may not receive—
(1)additional pay or allowances for performing the duties of another employee; or
(2)pay in addition to the regular pay received for employment held before his appointment or designation as acting for or instead of an occupant of another position or employment.
This subsection does not prevent a regular and permanent appointment by promotion from a lower to a higher grade of employment.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
DerivationU.S. CodeRevised Statutes andStatutes at Large (a)5 U.S.C. 9.R.S. § 182. (b)5 U.S.C. 69 (1st 34 words).R.S. § 1764 (1st 34 words). 5 U.S.C. 72.Aug. 1, 1914, ch. 223, § 12, 38 Stat. 680. Subsection (a) was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343, § 201(d), as added Aug. 10, 1949, ch. 412, § 4, 63 Stat. 579 (former 5 U.S.C. 171–1), which provides “Except to the extent inconsistent with the provisions of this Act [National Security Act of 1947], the provisions of title IV of the Revised Statutes as now or hereafter amended shall be applicable to the Department of Defense” is omitted from this title but is not repealed. In subsection (a), the words “regular office” are coextensive with and substituted for “proper office”. In subsection (b), former section 69 (1st 34 words) and 72 are combined and restated for clarity and conciseness. The word “employee” is coextensive with and substituted for “officer or clerk”, “officer or clerk in the same or any other department”, and “person employed in the service of the United States”. The words “under any general or lump-sum appropriation” are omitted as unnecessary. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Reference
Citations & Metadata
Citation
5 U.S.C. § 5535
Title 5, Government Organization and Employees
Last Updated
Sep 22, 2026
Release point: 119-110