An Act 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
PL 88-448 (H.R.7381), enacted 08/19/1964

484 
PUBLIC LAW 88-448-AUG. 19, 1964 
[78 STAT. 
August 19, 1964 
[H. R. 7381] 
Public Law 88-448 
AN ACT 
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. 
Dual Compensa-
tion Act. 
76 Stat. 451. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That this Act may 
be cited as the "Dual Compensation Act". 
TITLE I—DEFINITIONS 
SEC. 101. For the purposes of this Act and the amendments made 
by this Act— 
(1) "uniformed services", "armed forces", "Secretary con-
cerned", "officer", "warrant officer", "grade", "active duty", "ac-
tive service", and "member" have the definitions given them by 
section 101 of title 37, United States Code; 
(2) "a retired member of any of the uniformed services" means 
a member or former member of any of the uniformed services who 
is entitled, under any provision of law, to retired, retirement, or 
retainer pay on account of his service as such a member; 
(3) "civilian office" means a civilian office or position (includ-
ing a temporary, part-time, or intermittent position), appointive 
or elective, in the legislative, executive, or judicial branch of the 
Government of the United States (including each corporation 
owned or controlled by such Government and including non-
appropriated fund instrumentalities under the jurisdiction of 
the armed forces) or in the municipal government of the 
District of Columbia. 
Retired pay, 
reduction. 
77 Stat. 214. 
10 u s e 1401a. 
72 Stat. 1106, 
1118. 
TITLE II—EMPLOYMENT OF RETIRED MEMBERS OF 
UNIFORMED SERVICES 
SEC. 201. (a) Except as provided by subsections (b), (c), and (e) 
of this section, a retired officer of any regular component of the 
uniformed services shall receive the full salary of any civilian office 
which he holds, but during a period for which he receives salary, his 
retired or retirement pay shall be reduced to an annual rate equal to 
the first $2,000 of such pay plus one-half of the remainder, if any. 
In the operation of the formula for reduction of such pay under this 
subsection, such amount of $2,000 shall be increased, from time to 
time, by appropriate percentage, in direct proportion to each increase 
in such pay effected pursuant to the provisions of section 1401a(b) of 
title 10, United States Code, to reflect changes in the Consumer Price 
Index. 
(b) The reduction in retired or retirement pay required by sub-
section (a) of this section shall not apply to a retired officer of any 
regular component of the uniformed services whose retirement was 
based on disability (1) resulting from injury or disease received in 
line of duty as a direct result of armed conflict or (2) caused by an 
instrumentality of war and incurred in line of duty during a period 
of war (as defined in sections 101 and 301 of title 38, United States 
Code). 
(c) The reduction in retired or retirement pay required by sub-
section (a) of this section shall not apply to a retired officer of any 
regular component of the uniformed services employed on a temporary 
(full-time or part-time) basis, any other part-time basis, or any inter-
78 STAT. ] 
PUBLIC LAW 88-448-AUG. 19, 1964 
485 
mittent basis, for the first thirty-day period for which he receives 
salary. 
The exemption from reduction in retired or retirement pay 
provided by this subsection shall not apply to a period longer than— 
(1) the first thirty-day period for which he receives salary 
under any one appointment from the civilian office in which he is 
employed, if he is serving under not more than one appointment, 
and 
(2) the first period for which he receives salary under more 
than one appointment, in any fiscal year, which consists in the 
aggregate of thirty days, from all civilian offices in which he is 
employed, if he is serving under more than one appointment in 
such fiscal year. 
(d) For the purposes of subsections (a) and (c) of this section, 
"period for which he receives salary" means the full calendar period 
for which he receives salary when employed on a full-time basis but 
only the days for which he actually receives salary when employed 
on a part-time or intermittent basis. 
^f^) 
Except as otherwise provided in this subsection, the United 
States Civil Service Commission, subject to the supervision and con-
trol of the President, is authorized to prescribe and issue regulations 
under which exceptions may be made to the restrictions in subsection 
(a) of this section whenever it is determined by appropriate authority 
that such exceptions are warranted on the basis of special or emergency 
employment needs which otherwise cannot be readily met. 
The 
President of the Senate with respect to the United States Senate, the 
Speaker of the House of Representatives with respect to the United 
States House of Representatives, and the Architect of the Capitol 
'with respect to the Office of the Architect of the Capitol each is au-
thorized to provide for a means by which exceptions may be made 
to the restrictions in subsection (a) of this section whenever he de-
termines that such exceptions are warranted on the basis of special or 
emergency employment needs which otherwise cannot be readily met. 
The Administrator of the National Aeronautics and Space Admin-
istration is authorized to except, at any time, any individual in a 
scientific, engineering, or administrative position appointed pursuant 
to clause (A) of section 203(b) (2) of the National Aeronautics and 
Space Act of 1958, as amended (42 U.S.C. 2473(b)(2)(A)), from 
the restrictions in subsection (a) of this section, whenever the Ad-
ministrator determines that such exception is warranted on the basis 
of special or emergency employment needs which otherwise cannot 
be readily met; but not more than thirty such exceptions may exist 
at any one time under such authority. 
(f) Notwithstanding subsection (a) of this section, a retired officer 
of any regular component of the uniformed services who was em-
ployed in a civilian office on the day immediately preceding the effec-
tive date of this subsection— 
(1) if, on such immediately preceding day, he was exempt 
from limitations on compensation, may elect (A) to remain sub-
ject to and continue under such exemption or (B) to be subject 
to applicable limitations and exemptions of subsections (a), (b), 
(c), and (e) of this section; or 
(2) if, on such immediately preceding day, he was subject 
to limitations on compensation, may elect (A) to remain subject 
to and continue under such limitations, or (B) to be subject to 
applicable limitations and exemptions of subsections (a), (b), 
(c), and (e) of this section. 
Such election is irrevocable and shall be filed with the department 
concerned not later than the ninetieth day after the effective date of 
this subsection. Any such retired officer who does not file such elec-
Definition. 
Restrictions, 
exceptions. 
Ante, p. 429. 
X 
486 
PUBLIC LAW 88-448-AUG. 19, 1964 
[78 STAT. 
Reserve offi-
cers. 
61 Stat. 
70A Stat. 
906; 
677. 
Poat, p. 494. 
Post, p. 492. 
Veterans' re-
tention rights, re-
striction. 
58 Stat. 390. 
72 Stat. 
1118. 
1106, 
Service computa-
tion. 
tion within the prescribed period shall be held and considered to 
have elected to remain in the status which he occupies, on such 
immediately preceding day, with respect to limitations on compensa-
tion, or exemptions therefrom, as the case may be. In the event of 
any appointment, reinstatement, or reemployment of such retired 
officer which is made after such effective date and follows a break 
in service of more than thirty days, such retired officer shall be sub-
ject to applicable limitations and exemptions of subsections (a), (b), 
(c), and (e) of this section. 
(g) A member of any of the uniformed services, serving in the 
Army or Air Force of the United States without component, under 
an appointment made under section 515 of the Officer Personnel Act of 
1947, in a temporary grade higher than, or the same as, the reserve 
commission he then held, who, prior to the effective date prescribed 
by section 403 (a) of this Act, was retired for physical disability in 
such temporary grade, shall not be considered as subject to the 
restriction on the concurrent receipt of civilian compensation and re-
tired pay contained in section 212 of the Act of June 30, 1932, as 
amended (5 U.S.C. 59a), for any period following such retirement. 
(h) A nonre^ular member of any of the armed forces, who served 
on active duty m a temporary warrant officer grade and who was re-
tired in that status prior to the effective date prescribed by section 
403(a) of this Act, shall not be considered as subject to the restriction 
in section 2 of the Act of Juljr 31,1894, as amended (5 U.S.C. 62), for 
any period following such retirement. 
SEC. 202. Section 12 of the Veterans' Preference Act of 1944, as 
amended (5 U.S.C. 861), is amended-;-
(1) by inserting " ( a ) " immediately following "SEC. 12."; 
(2) by inserting ", subject to subsection (c) of this section," 
immediately after the word "That" in the first proviso thereof; 
(3) by inserting "(subject to subsection (b) of this section)" 
immediately after "military preference"; and 
(4) by adding at the end thereof the following new subsections: 
" (b) Notwithstanding any other provision of this Act, an employee 
who is a retired member of any of the uniformed services included 
under section 2 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 hy 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) his service does not include twenty or more years of full-
time active service (regardless of when performed but not in-
cluding periods of active duty for training); or 
"(3) 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 service in the armed forces 
during any war, or in any campaign or expedition (for which a 
campaign badge has been authorized); or 
"(2) if he is included under clause (1), (2), or (3) of subsec-
tion (b) of this section, the total length of time in active 
service in the armed forces." 
78 STAT. ] 
PUBLIC LAW 88-448-AUG. 19, 1%4 
487 
SEC. 203. The last two sentences of section 203(a) of the Annual 3"^"""^^ ^^^''^ 
and Sick Leave Act of 1951 (5 U.S.C. 2062(a)) are amended to ^""ers^tat. 679. 
read as follows: "Except as otherwise provided in this subsection, in 
determining years of service for the purposes of this subsection, there 
shall be included all service creditable under the provisions of section 
3 of the Civil Service Retirement Act for the purp)oses of an annuity 
l^jfsc^os^' 
under such Act and the determination of the period of service ren-
dered maj 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 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 301 of title 38, United States Code); i^W^'^'- ^^°^' 
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 W this title shall accrue on 
the same basis as it would accrue if such officer or employee were paid 
on the basis of biweekly pay periods.". 
SEC. 204. (a) A retired member of any of the armed forces may be ^ ^oin"men?r^*' 
appointed to serve in a civilian office in or under the Department of conditions. ^' 
Defense during the period of one hundred and eighty days immediately 
following his retirement only if— 
(1) the proposed appointment is authorized by the Secretary 
concerned (or his designee for the purpose), and, if such civilian 
office is in the competitive civil service, after approval by the 
United States Civil Service Commission; or 
(2) the minimum rates of basic compensation for such civilian 
office have been increased under authority of section 504 of the 
Federal Salary Reform Act of 1962 (5 U.S.C. 1173); or 
^e stat. 842. 
(3) a state of national emergency exists. 
(b) A request by appropriate authority for the authorization, or the 
authorization and approval, as the case may be, required by subsection 
(a) (1) of this section shall be accompanied oy a statement which shows 
the actions taken to assure that— 
(1) full consideration, in accordance with placement and pro-
motion procedures of the department concerned, was given to 
eligible career employees; and 
(2) when selection is by other than certification from an estab-
lished civil service register, the vacancy has been publicized to 
give all interested candidates an opportunity to apply; and 
(3) qualification requirements for the position have not been 
written in a manner designed to give advantage to such retired 
member; and 
(4) the position has not been held open pending the retire-
ment of sucn retired member. 
31-667 0-65—34 
488 
PUBLIC LAW 88-448-AUG. 19, 1964 
[78 STAT. 
Presidential re-
port to Congress. 
Restrictions, 
exceptions. 
Exemptions. 
SEC. 205. The President shall transmit to the Congress on or 
before January 1, 1966, a comprehensive report of the operations 
under this title of the departments and agencies in the executive 
branch. 
TITLE 
III—LIMITATION 
ON 
DUAL 
COMPENSATION 
FKOM MORE THAN ONE CIVILIAN OFFICE 
SEC. 301. (a) Except as provided by subsections (b), (c), (d), and 
(e) of this section, civilian personnel shall not be entitled to receive 
basic compensation from more than one civilian office for more than 
an aggregate of forty hours of work in any one calendar week (Sunday 
through Saturday). 
(b) Except as otherwise provided by subsection (c) of this section, 
the United States Civil Service Commission, subject to the super-
vision and control of the President^ is authorized to prescribe and 
issue regulations under which excep>tions may be made to the restric-
tions in subsection (a) of this section whenever it is determined by 
appropriate authority that such exceptions are warranted on the 
ground that personal services otherwise cannot be readily obtained. 
(c) Unless otherwise authorized by law, no money appropriated by 
any Act shall be available for payment to any person of salary from 
more than one civilian office if the aggregate amount of the basic 
compensation from such offices exceeds the sum of $2,000 per annum, 
and if (1) one of such salaries is disbursed by the Secretary of the 
Senate or the Clerk of the House of Representatives or (2) one of 
such offices is under the Office of the Architect of the Capitol. 
(d) Subsection (a) of this section does not apply to— 
(1) compensation on a when-actually-employed basis received 
from more than one consultant or expert position if such com-
pensation is not received for the same nours of the same day | 
(2) compensation consisting of fees paid on other than a time 
basis; 
(3) compensation received by teachers of the public schools of 
the District of Columbia for employment in a civilian office during 
the summer vacation period; 
(4) compensation paid by the Tennessee Valley Authority to 
employees performing 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; 
(5) compensation received by any person holding an office or 
position the compensation for which is disbursed by the Secretary 
of the Senate or the Clerk of the House of Representatives or 
any office or position under the Architect of the Capitol; 
(6) compensation paid by the United States Coast Guard to 
employees occupying part-time positions of lamplighters; and 
(7) compensation within the purview of any of the following 
provisions of law: 
(A) section 9 of the Act of October 6,1917 (40 Stat. 384; 
D.C. Code, sec. 31-631), relating to teachers m the public 
schools of the District of Columbia who also are employed in 
night schools and vacation schools; 
(B) section 6 of the Act of March 3,1925 (43 Stat. 1108), 
as amended by the Act of January 27, 1926 (44 Stat. 2), 
78 STAT. ] 
PUBLIC LAW 88-448-AUG. 19, 1964 
489 
relating to employees of the Library of Congress (2 U.S.C. 
162;5U.S.C.60); 
(C) the Act of July 1, 1942 (56 Stat. 467; D.C. Code, 
sec. 31-631a), relating to custodial employees of the Board 
of Education of the District of Columbia; 
(D) section 2 of the Act of July 22,1947, as amended (61 
Stat. 400, 74 Stat. 11; 33 U.S.C. 873), relating to extra com-
pensation paid in connection with instrument observation or 
recording, the observation of tides or currents, or the tend-
ing of seismographs or magnetographs; 
(E) section 3 of the Act of June 2, 1948, as amended (62 
Stat. 286, 74 Stat. 11; 15 U.S.C. 327), relating to extra com-
pensation paid in connection with the taking and trans-
mitting of meteorological observations; 
(F) section 10(b) of the Defense Department Overseas 
Teachers Pay and Personnel Practices Act (73 Stat. 217; 
5 U.S.C. 2358(b)), relating to the compensation of certain 
teachers employed in another position in recess periods; 
(G) section 102 of chapter 7 of title 2, Canal Zone Code 
(76A Stat. 15), relating to teachers in the public schools of 
the Canal Zone who also are employed in night schools or 
in vacation schools or programs; 
(H) section 23(b) of title 13, United States Code, relating 
to the payment of compensation to employees for the field 
work of the Bureau of the Census, Department of Com-
merce ; or 
(I) subsection (a) or (c) of section 3335 of title 39, United 
States Code, relating to dual employment and extra duties in 
the postal field service. 
(e) With respect to the compensation of persons serving on the 
effective date of this section in more than one position under properly 
authorized appointments, subsection (a) of this section shall not 
apply for the duration of the appointment or appointments concerned. 
(f) This title shall not be applicable to persons employed under the 
joint resolution approved July 6, 1961 (75 Stat. 199; Public Law 87-
82), or under section 208 of the First Supplemental Civil Functions 
/^ use i74j-
Appropriation Act, 1941 (54 Stat. 1056; Public Law 812, 76th Con- 
' 
gress). 
TITLE IV—MISCELLANEOUS PKOVISIONS 
74 Stat. 911. 
74 Stat. 612. 
40 u s e 174k. 
SEC. 401. (a) 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), is amended by inserting immediately before the period 
at the end thereof a comma and the following: "subject to section 201 
of the Dual Compensation Act". 
Ante, p. 484. 
(b) The second paragraph of section 2 of the Act of August 11, 
1950 (64 Stat. 438; D.C. Code, sec. 6-1202), is amended to read as 
follows: 
"Notwithstanding the limitation of any law, there may be employed 
in such OiRce of Civil Defense any person who has been retired from 
any of the uniformed services of the United States or any office or 
position in the Federal or District governments, and except as herein-
after provided, while so employed in such Office of Civil De-
490 
PUBLIC LAW 88-448-AUG. 19, 1964 
[78 STAT. 
fense any such retired person may receive the compensation authorized 
for such employment or the retirement compensation or annuity, 
whichever he may elect, and upon the termination of such employment, 
he shall be restored to the same status as a retired officer or employee 
with the same retirement compensation or annuity to which he was 
entitled before 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 em-
ployment and his retired or retirement pay, subject to section 201 of 
Ante, p. 484. 
th^ Dual Compeusatlon Act." 
(c) Section 13(b) of the Peace Corps Act (75 Stat. 619; 22 U.S.C. 
2512(b)) is amended— 
(1) by striking out "section 212 of the Act of June 30, 1932, 
Po^t. p. 494. 
as amended (5 U.S.C. 59a),"; and 
(2) by inserting immediately before the period at the end 
thereof a comma and the following: "subject to section 201 of 
the Dual Compensation Act". 
(d) Section 44 of the Arms Control and Disarmament Act (75 
Stat. 636; 22 U.S.C. 2584) is amended— 
(1) by striking out "section 212 of the Act of June 30, 1932, 
as amended (5 U.S.C. 59a),"; and 
(2) by inserting immediately before the period at the end 
thereof a comma and the following: "subject to section 201 of 
the Dual Compensation Act". 
(e) Section 626(b) of part I I I of the Act entitled "An Act to pro-
mote the foreign policy, security, and general welfare of the United 
States by assisting peoples of the world in their efforts toward eco-
nomic development and internal and external security, and for other 
purposes", approved September 4, 1961 (75 Stat. 451; 22 U.S.C. 
2386(b)), is amended— 
(1) by striking out "section 212 of Public Law 72-212, as 
amended (5 U.S.C. 59a),"; and 
(2) by inserting immediately before the period at the end 
thereof a comma and the following: "subject to section 201 of 
the Dual Compensation Act". 
(f) Section 28 of the Atomic Energy Act of 1954 (68 Stat. 926; 42 
U.S.C. 2038) is amended by striking out "Any such officer serving as 
Chairman of the Military Liaison Committee shall receive, in addi-
tion 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 incentive 
pays, or between his retired pay, and the compensation prescribed for 
the Chairman of the Military Liaison Committee." and inserting 
in lieu thereof the following: "Any such active officer serving as 
Chairman of the Military Liaison Committee shall receive, in addi-
tion to his pay and allowances, including special and incentive pays, 
an amount equal to the difference between such pay and allowances, 
including special and incentive pays, and the compensation fixed for 
such Chairman. 
Any such retired officer serving as Chairman of 
the Military Liaison Committee shall receive the compensation 
fixed for such Chairman and his retired pay, subject to section 201 
of the Dual Compensation Act." 
(g) Section 204(d) of the National Aeronautics and Space Act 
of 1958 (72 Stat. 432; 42 U.S.C. 2474(d)) is amended by striking 
out "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 subsection (a) (1) for 
such Cnairman exceeds his pay and allowances (including special 
78 STAT. ] 
PUBLIC LAW 88-448-AUG. 19, 1964 
491 
and incentive pays) as an active officer, or his retired pay." and insert-
ing in lieu thereof "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 incentive pays, and the compensation fixed by subsection (a) (1) 
for such Chairman. Any such retired officer serving as Chairman of 
the Liaison Committee shall receive the compensation fixed by sub-
section (a)(1) for such Chairman and his retired pay, subject to 
section 201 of the Dual Compensation Act." 
^"fe, p. 484. 
(h) Section 3(b) (1) of the Act of August 28, 1958 (72 Stat. 1091; 
Public Law 85-850), is amended to read 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 Eiver Basins (smd intervening areas) embraced within the 
States referred to m 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, ex-
c ^ t 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. 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 b© payable hereunder 
shall not exceed $12,000 in any one calendar year. 
A retired mili-
tary officer appointed under this Act shall receive compensation 
as authorized herein and his retired pay, subject to section 201 
of the Dual Compensation Act;". 
(i) Section 9 of the Act of October 6,1917 (40 Stat. 384; D.C. Code, 
sec. 31-631), is amended by striking out "That section six of the legisla-
tive, executive, and judicial appropriation Act, approved May tenth, 
nineteen hundred and sixteen, as amended by the naval appropriation 
Act, approved August twenty-ninth, nineteen hundred and sixteen," 
^°»'' P* '^^^• 
and inserting in lieu thereof "Section 301 of the Dual Compensation 
A c t " . 
Ante. p. 488. 
(j) Section 6 of the Act of March 3, 1925, as amended by the Act 
of January 27, 1926 (43 Stat. 1108, 44 Stat. 2; 2 U.S.C. 162, 5 U.S.C. 
60), is amended by striking out "nor shall any additional compensation 
so paid to such employees be construed as a double salary under the 
provisions of section 6 of the Act making appropriations for the legis-
lative, executive, and judicial expenses of the Government for the 
fiscal year ending June 30, 1917, as amended (Thirty-ninth Statutes 
at Large, page 582)." and inserting in lieu thereof "and section 301 
of the Dual Compensation Act shall not apply to any additional com-
pensation so paid to such employees." 
(k) The Act of July 1,1942 (56 Stat. 467; D.C. Code, sec. 31-631a), 
is amended by striking out "That section 6 of the Act entitled 'An Act 
making appropriations for the legislative, executive, and judicial 
expenses of the Government for the fiscal year ending June 30, 1917', 
approved May 10, 1916 (39th Stat. 120), and Acts amendatory 
thereto," and inserting in lieu thereof "That section 301 of the Dual 
Compensation Act". 
(1) Section 2 of the Act of July 22,1947, as amended (61 Stat. 400, 
74 Stat. 11; 33 U.S.C. 873), is amended by inserting immediately before 
the period at the end thereof the following: "and without regard to 
section 301 of the Dual Compensation Act". 
(m) Section 3 of the Act of June 2,1948, as amended (62 Stat. 286, 
74 Stat. 11; 15 U.S.C. 327), is amended by inserting immediately before 
the period at the end thereof the following: "without regard to section 
301 of the Dual Compensation Act". 
492 
PUBLIC LAW 88-448-AUG. 19, 1964 
[78 STAT. 
(n) Section 10(b) of the Defense Department Overseas Teachers 
Pay and Personnel Practices Act (73 Stat. 217; 5 U.S.C. 2358(b)) is 
amended by striking out "section 2 of the Act of July 31, 1894 (5 
U.S.C. 62), relative to the holding of more than one office, 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" and inserting in lieu 
Ante, p. 488. 
thereof "section 301 of the Dual Compensation Act". 
(0) Section 102 of chapter 7 of title 2, Canal Zone Code (76A Stat. 
15), is amended by striking out "Section 2 of the Legislative, Execu-
tive, and Judicial Appropriation Act, approved July 31, 1894, as 
amended (28 Stat. 205; 5 U.S.C, sec. 62), and section 6 of the Legisla-
tive, Executive, and Judicial Appropriation Act, approved May 10, 
1916, as amended (39 Stat. 120; 5 U.S.C, sec. 58), do" and inserting 
in lieu thereof "Section 301 of the Dual Compensation Act does". 
74 Stat. 911. 
(p) Section 23(b) of title 13, United States Code, is amended by 
inserting immediately before the period at the end thereof the follow-
ing : "without regard to section 301 of the Dual Compensation Act", 
(q) Subsections (a) and (c) of section 3335 of title 39, United 
74 Stat. 612. 
States Codc, each are amended by striking out "sections 58, 62, 69, and 
70 of title 5" and inserting in lieu thereof "sections 69 and 70 of title 
5 and section 301 of the Dual Compensation Act". 
Repeals. 
gj,^^ ^Q2 (^^^ 'pj^g followiug laws and parts of laws are hereby 
repealed: 
(1) Section 1763 of the Revised Statutes (5 U.S.C. 58), relating 
to the receipt of compensation from more than one office. 
(2) Section 2074 of the Revised Statutes (25 U.S.C. 50), prohibit-
ing the holding of more than one office at the same time under title 
X X V I I I of the Revised Statutes. 
(3) Section 4395 of the Revised Statutes as amended by the Act of 
January 20, 1888 (25 Stat. 1), providing for the appointment of a 
Commissioner of Fish and Fisheries who shall not hold any other 
office. 
(4) The Act of July 2, 1882 (22 Stat. 176), authorizing additional 
pay or compensation for Government employees engaged in catalog-
mg Government publications at the direction of the Joint Committee 
on Printing. 
(5) The sentence in the Act of February 25, 1885 (23 Stat. 329), 
which reads as follows: "And hereafter no consul or consul-general 
shall be entitled to or allowed any part of any salary appropriated 
for payment of a secretary or second secretary of legation or an 
interpreter." 
(6) Joint Resolution Numbered 3 of February 5, 1889 (25 Stat. 
1019), authorizing the President to appoint an officer of the United 
States Coast and Geodetic Survey as a delegate to the International 
Geodetic Association to serve without extra salary or additional 
compensation. 
(7) Section 2 of the 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), relating to the holding of two offices (5 U.S.C. 
62). 
(8) The paragraph in the Act of February 20, 1895 (28 Stat. 676), 
f
)roviding for the compensation of members of a commission estab-
ished to recommend the location of a certain building, which reads 
as follows: 
"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 
78 STAT. ] 
PUBLIC LAW 88-448-AUG. 19, 1964 
493 
member of said commission appointed from the Treasury Department 
shall be paid only his actual traveling expenses." 
(9) Section 7 of the Act of June 3, 1896 (29 Stat. 235; 5 U.S.C. 
63), relating to the employment of retired officers of the Army and 
Navy in connection with river and harbor improvements. 
(10) Section 7 of the Act of June 28, 1902 (32 Stat. 483), relating 
to the appointment and compensation of certain officers employed 
under such Act. 
(11) The paragraph of the Act of March 4, 1909 (35 Stat. 931), 
relating to the pay of retired Army and Navy officers and enlisted 
men then in the employ of the Isthmian Canal Commission, which 
reads as follows: 
"Authority is hereby granted for the payment of salaries and 
wages accrued or hereafter earned of retired army and navy officers 
and enlisted men now in the employment of the Isthmian Canal 
Commission, in addition to their retired pay, where their compensa-
tion under such employment does not exceed two thousand five hun-
dred dollars per annum." 
(12) The second paragraph under the center heading " T H E 
ISTHMIAN CANAL" with the side heading "National Waterways Com-
mission:" in the Act of August 5, 1909 (36 Stat. 130), authorizing the 
National Waterways Commission to pay not to exceed three officers 
or employees of the Government without regard to the Act of July 31, 
1894, and other laws. 
(13) Section 12 of the Act of August 20, 1912 (37 Stat. 319; 
7 U.S.C. 165), relating to the appointment of members of a Federal 
Horticultural Board from among employees of the Department of 
Agriculture. 
(14) 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), relating to double salaries. 
(15) Section 8 of the Act of March 21,1918 (40 Stat. 455-456), au-
thorizing the President to avail himself of the assistance of Govern-
ment employees in the operation of transportation facilities taken over 
by the President. 
(16) Sections 3 and 4 of the War Finance Corporation Act (40 Stat. 
507; 15 U.S.C. 333, 334), authorizing the appointment of Govern-
ment employees to membership on the Board of Directors of the War 
Finance Corporation and providing for their compensation. 
(17) The last paragraph under the. heading "DISTRICT OF COLUM-
BIA" 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), relating to the application of section 6 of the Act of May 10, 
1916, to employees of the community center department of the public 
schools of the District of Columbia. 
(18) The ninth paragraph under the heading "DISTRICT OF COLUM-
BIA" 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), relating to the application of section 6 of the 
Act of May 10, 1916, to employees of the school garden department 
of the public schools of the District of Columbia. 
(19) That part of 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), relating to the application of section 2 
of the Act of July 31, 1894, to retired officers of the Army, Navy, 
Marine Corps, or Coast Guard appointed to certain offices in the 
Bureau of the Budget, which reads as follows: '"''Provided^ That sec-
tion 2 of the Act making appropriations for the legislative, executive, 
and judicial expenses of the Government for the fiscal.year ending 
494 
PUBLIC LAW 88-448-AUG. 19, 1964 
[78 STAT. 
Ante, p. 49 2. 
j^y^Q 39^ 1895, and for other purposes, approved July 31,1894, shall not 
be construed as having application to retired officers of the Army, 
Xavy, Marine Corps, or Coast Guard who may be appointed to the 
offices created by section 207 of the Budget and Accounting Act, 1921, 
31 use le' 
approved June 10, 1921, within the meaning of precluding payment 
to such officers of the difference in pay prescribed for such offices and 
their retired pay;". 
(20) 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), relating to the limitation on the amount of 
retired pay received for commissioned officer service when combined 
with Government civilian salary (5 U.S.C. 59a). 
(21) The Act of September 13, 1940 (54 Stat. 885), authorizing 
Jesse H. Jones, Federal Loan Administrator, to exercise the duties 
of the Office of Secretary of Commerce. 
(22) The Act of March 29,1945 (59 Stat. 38), authorizing the Door-
keeper of the House of Eepresentatives during the Seventy-ninth Con-
gress to employ Government employees for folding speeches and 
pamphlets. 
(23) The Act of August 10,1946 (60 Stat. 978), as amended by the 
Act of October 29, 1951 (65 Stat. 662), providing authority for the 
employment of certain retired officers in the Veterans' Administration 
(formerly contained in 5 U.S.C. 64a), which authority has expired. 
(24) The fifth sentence of section 3 of the Reconstruction Finance 
Corporation Act, as in effect on June 30,1947 (47 Stat. 6), and as con-
tinued by section 3(a) of such Act, as amended (61 Stat. 203, 62 
Stat. 262; 15 U.S.C. 603 (a)), relating to employees of the Reconstruc-
tion Finance Corporation, which reads: "Nothing contained in this or 
in any other Act shall be construed to prevent the appointment and 
compensation as an employee of the corporation or any officer or 
employee of the United States in any board, commission, independent 
establishment, or executive department thereof." 
(25) Section 2 of the Act of July 11,1947 (61 Stat. 311; D.C. Code, 
sec. 4-183), relating to the position of director of the band in the Metro-
politan Police force of the District of Columbia. 
(26) Section 3 of the Act of April 21, 1948, as amended (7 U.S.C. 
62 Stat. 197. 
438), relating to the Remount Service in the Department of Agricul-
ture. 
(27) That part of section 9 of the Act of June 4,1948 (62 Stat. 342; 
D.C. Code, sec. 2-1709), relating to personnel of the Armory Board of 
the District of Columbia, which reads: ", and without regard to any 
prohibition against double salaries contained in any other law". 
(28) 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)), authorizing 
employment of not more than fifteen retired officers who must elect 
between civilian salary and retired pay. 
(29) That part of the second sentence of section 103 of the Ameri-
can-Mexican Treaty Act of 1950 (64 Stat. 847), relating to the Inter-
national Boundary and Water Commission, United States and Mexico, 
which reads: ", 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 pe-
riods of such temporary employment". 
(30) That part of section 401(a) of the Federal Civil 
Defense 
Act of 1950, as amended (64 Stat. 1254; 50 U.S.C. App. 2253(a)), 
which reads: "and, notwithstanding the provisions of any other law, 
78 STAT. ] 
PUBLIC LAW 88-448-AUG. 19, 1964 
495 
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 tne armed services on a full- or part-
time basis without loss or reduction of or prejudice to their retired 
status;". 
(31) Subparagraph (g) of the third paragraph of the Act of 
August 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), re-
lating to the Corregidor-Bataan Memorial Commission (36 U.S.C. 
426(g)). 
(32) Section 12 of the District of Columbia Teachers' Salary Act 
of 1955 (69 Stat. 529; D.C. Code, sec. 31-1541), authorizing employ-
ment of retired members of the armed services of the United States 
as teachers of military science and tactics in public high schools of 
the District of Columbia. 
(33) Section 8 of the Act of September 7, 1957 (71 Stat. 628; 36 
U.S.C. 748), relating to appointment and pay of certain retired officers 
by the Civil War Centennial Commission. 
(34) Section 203(b) (11) of the National Aeronautics and Space 
Act of 1958 (72 Stat. 431; 42 U.S.C. 2473 (b) (11)), authorizing the 
employment of retired commissioned officers 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. 59a). 
(35) Section 626(c) of the Act of September 4, 1961 (75 Stat. 
451; 22 U.S.C. 2386(c)), authorizing employment of retired officers 
under the Act for International Development of 1961 or the Inter-
national Peace and Security Act of 1961. 
(36) Section 201(d) of chapter 7 of title 2, Canal Zone Code 
(76A Stat. 21), relating to retired members of a regular component 
of the Armed Forces or the Public Health Service of the United 
States employed in the Canal Zone Government or the Panama 
Canal Company, 
(37) The matter contained in section 507 of the Department of 
Defense Appropriation Act, 1964 (77 Stat. 264; Public Law 88-149), 
relating to retired military personnel on duty at the United States 
Soldiers' Home, which reads: ": 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", and 
provisions to the same effect contained in other appropriation Acts 
enacted prior to the effective date of this section relative to retired 
military personnel on duty at the United States Soldiers' Home (5 
U.S.C. 59b). 
(38) The next to the last sentence of section 4103(b) of title 38, 
United States Code, relating to the application of certain provisions 
of law to the Chief Medical Director of the Department oi Medicine 
and Surgery of the Veterans' Administration, which reads: "Section 
62 of title 5 of the United States Code shall not apply to any individ-
ual appointed Chief Medical Director before January 1, 1964; how-
ever, section 59a of title 5 shall apply, in accordance with its terms, 
to any such individual.". 
(b) All other provisions of law, general or specific, inconsistent 
with this Act and the amendments made by this Act, are hereby 
repealed. 
(c) Nothing contained in this Act shall be construed to repeal 
or modify the provisions of the last paragraph under the heading 
"Administrative Provisions" in the appropriations for the Senate 
contained in the Legislative Branch Appropriation Act, 1957 (70 
Stat. 360; 2 U.S.C. 66a). 
496 
PUBLIC LAW 88-449-AUG. 19, 1964 
[78 STAT. 
Effective dates. 
gj,^, 4()3 ^g^^ Except as pFovlded in subsection (b) of this sec-
tion, this Act shall become effective on the first day oi the first month 
which begins later than the ninetieth day following the date of enact-
ment of this Act. 
(b) This section and sections 201(g) and 201(h) shall become 
effective on the date of enactment of this Act. 
Savings provi- 
^^^ 
^Q^ jf j^j^y provision of this Act shall be held invalid, the 
remainder af this Act shall not be affected thereby. 
Approved August 19, 1964. 
Public Law 88-449 
August 19, 1964 
AN A C T 
1^^' ^^^^^ 
To charter by Act of Congress the Pacific Tropical Botanical Garden. 
sion. 
Pacific Tropical 
Botanical Garden. 
Charter. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ 
CREy^TION OF T H E CORPORATION 
SECTION 1. The following persons: Henry Francis duPont, Winter-
thur, Delaware; Deane Waldo Malott, Ithaca, New York; Horace 
Marden Albright, Los Angeles, California; Robert Allerton, Kauai, 
Hawaii; and Paul Bigelow Sears, New Haven, Connecticut; and their 
successors, are hereby created and declared to be a body corporate 
by the name of Pacific Tropical Botanical Garden 
(hereinafter 
referred to as the "corporation") and by such name shall be known 
and have perpetual succession and the powers, limitations, and restric-
tion herein contained. 
COMPLETION o r 
ORGANIZATION 
SEC. 2. The persons named in section 1 shall be the incorporators of 
the corporation and members of the initial board of trustees and are 
authorized to complete the organization of the corporation by the 
selection of other trustees and officers, the adoption of bylaws, not 
inconsistent with this Act, and the doing of such other acts necessary 
to carry into effect the provisions of this Act. 
OBJECTS AND PURPOSES OF CORPORATION 
SEC. 3. The objects and purposes of the corporation shall be— 
(a) to establish, develop, operate, and maintain for the benefit 
of the people of the United States an educational and scientific 
center m the form of a tropical botanical garden or gardens, 
together with such facilities as libraries, herbaria, laboratories, and 
museums which are appropriate and necessary for encouraging 
and conducting research in basic and applied tropical botany; 
(b) to foster and encourage fundamental research with respect 
to tropical plant life and to encourage research and study of the 
uses of tropical flora in agriculture, forestry, horticulture, medi-
cine, and other sciences; 
(c) to disseminate through publications and other media the 
knowledge acquired at the gardens relative to basic and applied 
tropical botany; 
(d) to collect and cultivate tropical flora of every nature and 
origin and to preserve for the people of the United States species 
of tropical plant life threatened with extinction;