1. U.S. Code
  2. title 2
  3. chapter 29
  4. subchapter I
  5. part B
  6. § 1928

Collapse to view only § 1928. Repealed.

§ 1921. Repealed. Pub. L. 108–7, div. H, title I, § 1018(h)(2), Feb. 20, 2003, 117 Stat. 369

CITE AS: 2 USC 1921

§ 1921a. Sole and exclusive authority of Board and Chief to determine rates of pay
(a) In general
The Capitol Police Board and the Chief of the Capitol Police shall have the sole and exclusive authority to determine the rates and amounts for each of the following for members of the Capitol Police:
(1) The rate of basic pay (including the rate of basic pay upon appointment), premium pay, specialty assignment and proficiency pay, and merit pay.
(2) The rate of cost-of-living adjustments, comparability adjustments, and locality adjustments.
(3) The amount for recruitment and relocation bonuses.
(4) The amount for retention allowances.
(5) The amount for educational assistance payments.
(b) No review or appeal permitted
(c) Rule of construction
Nothing in this section may be construed to affect—
(1) any authority provided under law for a committee of the House of Representatives or Senate, or any other entity of the legislative branch, to review or approve any determination of a rate or amount described in subsection (a);
(2) any rate or amount described in subsection (a) which is established under law; or
(3) the terms of any collective bargaining agreement.
(d) Effective date
(Pub. L. 108–447, div. G, title I, § 1004, Dec. 8, 2004, 118 Stat. 3180.)

CITE AS: 2 USC 1921a

§ 1922. Unified payroll administration

Payroll administration for the Capitol Police and civilian support personnel of the Capitol Police shall be carried out on a unified basis by a single disbursing authority. The Capitol Police Board, with the approval of the Committee on House Oversight of the House of Representatives and the Committee on Rules and Administration of the Senate, acting jointly, shall, by contract or otherwise, provide for such unified payroll administration.

(July 31, 1946, ch. 707, § 9C, as added Pub. L. 102–397, title I, § 102, Oct. 6, 1992, 106 Stat. 1950; amended Pub. L. 104–186, title II, § 221(12), Aug. 20, 1996, 110 Stat. 1750.)

CITE AS: 2 USC 1922

§ 1923. Unified schedules of rates of basic pay and leave system
(a) Rates of basic pay
(1) The Capitol Police Board shall establish and maintain unified schedules of rates of basic pay for members and civilian employees of the Capitol Police which shall apply to both members and employees whose appointing authority is an officer of the Senate and members and employees whose appointing authority is an officer of the House of Representatives.
(2) The Capitol Police Board may, from time to time, adjust any schedule established under paragraph (1) to the extent that the Board determines appropriate to reflect changes in the cost of living and to maintain pay comparability.
(3) A schedule established or revised under paragraph (1) or (2) shall take effect only upon approval by the Committee on House Oversight of the House of Representatives and the Committee on Rules and Administration of the Senate.
(4) A schedule approved under paragraph (3) shall have the force and effect of law.
(b) Leave system
(1) The Capitol Police Board shall prescribe, by regulation, a unified leave system for members and civilian employees of the Capitol Police which shall apply to both members and employees whose appointing authority is an officer of the Senate and members and employees whose appointing authority is an officer of the House of Representatives. The leave system shall include provisions for—
(A) annual leave, based on years of service;
(B) sick leave;
(C) administrative leave;
(D) leave under the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.);
(E) leave without pay and leave with reduced pay, including provisions relating to contributions for benefits for any period of such leave;
(F) approval of all leave by the Chief or the designee of the Chief;
(G) the order in which categories of leave shall be used;
(H) use, accrual, and carryover rules and limitations, including rules and limitations for any period of active duty in the Armed Forces;
(I) advance of annual leave or sick leave after a member or civilian employee has used all such accrued leave;
(J) buy back of annual leave or sick leave used during an extended recovery period in the case of an injury in the performance of duty;
(K) the use of accrued leave before termination of the employment as a member or civilian employee of the Capitol Police, with provision for lump sum payment for unused annual leave; and
(L) a leave-sharing program.
(2) The leave system under this section may not provide for the accrual of either annual or sick leave for any period of leave without pay or leave with reduced pay.
(3) All provisions of the leave system established under this subsection shall be subject to the approval of the Committee on House Oversight of the House of Representatives and the Committee on Rules and Administration of the Senate. All regulations approved under this subsection shall have the force and effect of law.
(c) Lump sum payments
(1) Upon the approval of the Capitol Police Board, a member or civilian employee of the Capitol Police who is separated from service may be paid a lump sum payment for the accrued annual leave of the member or civilian employee.
(2) The lump sum payment under paragraph (1)—
(A) shall equal the pay the member or civilian employee would have received had such member or employee remained in the service until the expiration of the period of annual leave;
(B) shall be paid from amounts appropriated to the Capitol Police;
(C) shall be based on the rate of basic pay in effect with respect to the member or civilian employee on the last day of service of the member or civilian employee;
(D) shall not be calculated on the basis of extending the period of leave described under subparagraph (A) by any holiday occurring after the date of separation from service;
(E) shall be considered pay for taxation purposes only; and
(F) shall be paid only after the Chairman of the Capitol Police Board certifies the applicable period of leave to the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives, as appropriate.
(3) A member or civilian employee of the Capitol Police who enters active duty in the Armed Forces may—
(A) receive a lump sum payment for accrued annual leave in accordance with this subsection, in addition to any pay or allowance payable from the Armed Forces; or
(B) elect to have the leave remain to the credit of such member or civilian employee until such member or civilian employee returns from active duty.
(4) The Capitol Police Board may prescribe regulations to carry out this subsection. No lump sum payment may be paid under this subsection until such regulations are approved by the Committee on Rules and Administration of the Senate and the Committee on House Oversight of the House of Representatives. All regulations approved under this subsection shall have the force and effect of law.
(d) Effect on appointment authority
(Pub. L. 105–55, title I, § 111, Oct. 7, 1997, 111 Stat. 1186.)

CITE AS: 2 USC 1923

§ 1924. Repealed. Pub. L. 111–145, § 5(a)(2)(A), Mar. 4, 2010, 124 Stat. 53

CITE AS: 2 USC 1924

§ 1925. Repealed. Pub. L. 111–145, § 5(a)(2)(B), Mar. 4, 2010, 124 Stat. 53

CITE AS: 2 USC 1925

§ 1926. Educational assistance program for employees
(a) Establishment
In order to recruit or retain qualified personnel, the Chief of the Capitol Police may establish an educational assistance program for employees of the Capitol Police under which the Capitol Police may agree—
(1) to repay (by direct payments on behalf of the participating employee) all or any portion of a student loan previously taken out by the employee;
(2) to make direct payments to an educational institution on behalf of a participating employee or to reimburse a participating employee for all or any portion of any tuition or related educational expenses paid by the employee.
(b) Special rules for student loan repayments
(1) Application of regulations under executive branch program
(2) Restrictions on prior reimbursements
(3) Use of recovered amounts
(c) Limit on amount of payments
(d) No review of determinations
(e) Effective date
(Pub. L. 107–117, div. B, § 908, Jan. 10, 2002, 115 Stat. 2319; Pub. L. 108–7, div. H, title I, § 1007, Feb. 20, 2003, 117 Stat. 358; Pub. L. 116–94, div. E, title I, § 120, Dec. 20, 2019, 133 Stat. 2763; Pub. L. 116–260, div. I, title I, § 120, Dec. 27, 2020, 134 Stat. 1643.)

CITE AS: 2 USC 1926

§ 1927. Bonuses, retention allowances, and additional compensation
(a) Recruitment and relocation bonuses
(1) Authorization of payment
(2) Amount of payment
(3) Minimum period of service required
(4) Bonus not considered part of basic pay
(5) Payment permitted prior to commencement of duty
(6) Determination not appealable or reviewable
(b) Retention allowances
(1) Authorization of payment
(2) Amount of payment
(3) Payment not considered part of basic pay
(4) Time and manner of payment
(c) Lump sum incentive and merit bonus payments
(1) In general
(2) Bonus not considered part of basic pay
(d) Service step increases for meritorious service for officers
Upon the approval of the Chief—
(1) an officer of the United States Capitol Police in a service step who has demonstrated meritorious service (in accordance with criteria established by the Chief or the Chief’s designee) may be advanced in compensation to the next higher service step, effective with the first pay period which begins after the date of the Chief’s approval; and
(2) an officer of the United States Capitol Police in a service step who has demonstrated extraordinary performance (in accordance with criteria established by the Chief or the Chief’s designee) may be advanced in compensation to the second next higher service step, effective with the first pay period which begins after the date of the Chief’s approval.
(e) Regulations
(1) In general
(2) Repealed. Pub. L. 108–7, div. H, title I, § 1004(2), Feb. 20, 2003, 117 Stat. 358
(f) Effective date
(Pub. L. 107–117, div. B, § 909, Jan. 10, 2002, 115 Stat. 2320; Pub. L. 108–7, div. H, title I, §§ 1004, 1006, Feb. 20, 2003, 117 Stat. 358.)

CITE AS: 2 USC 1927

§ 1928. Repealed. Pub. L. 111–145, § 2(a)(4)(B)(i), Mar. 4, 2010, 124 Stat. 50

CITE AS: 2 USC 1928

§ 1929. Repealed. Pub. L. 111–145, § 2(a)(4)(B)(ii), Mar. 4, 2010, 124 Stat. 50

CITE AS: 2 USC 1929

§ 1930. Applicable pay rate upon appointment
(a) In general
(b) Effective date
(Pub. L. 108–7, div. H, title I, § 1008, Feb. 20, 2003, 117 Stat. 359.)

CITE AS: 2 USC 1930

§ 1931. Additional compensation for employees with specialty assignments and proficiencies
(a) Establishment of positions
(b) Additional compensation
In addition to the regularly scheduled rate of basic pay, each employee holding a position designated under this section shall receive an amount determined by the Chief, except that—
(1) such amount may not exceed 25 percent of the employee’s annual rate of basic pay; and
(2) such amount may not be paid in a calendar year to the extent that, when added to the total basic pay paid or payable to such employee for service performed in the year, such amount would cause the total to exceed the annual rate of basic pay payable for level II of the Executive Schedule, as of the end of such year.
(c) Manner of payment
(d) Determination not appealable or reviewable
(Pub. L. 108–7, div. H, title I, § 1011, Feb. 20, 2003, 117 Stat. 360.)

CITE AS: 2 USC 1931

§ 1932. Application of premium pay limits on annualized basis
(a) In general
(b) Effective date
(Pub. L. 108–7, div. H, title I, § 1012, Feb. 20, 2003, 117 Stat. 361.)

CITE AS: 2 USC 1932

§ 1933. Clarification of authorities regarding certain personnel benefits
(a) No lump-sum payment permitted for unused compensatory time
(1) In general
(2) Omitted
(b) Overtime compensation for officers and employees exempt from Fair Labor Standards Act of 1938
(1) Criteria under which compensation permitted
The Chief of the Capitol Police may provide for the compensation of overtime work of exempt individuals which is performed on or after March 4, 2010, in the form of additional pay or compensatory time off, only if—
(A) the overtime work is carried out in connection with special circumstances, as determined by the Chief;
(B) the Chief has established a monetary value for the overtime work performed by such individual; and
(C) the sum of the total amount of the compensation paid to the individual for the overtime work (as determined on the basis of the monetary value established under subparagraph (B)) and the total regular compensation paid to the individual with respect to the pay period involved may not exceed an amount equal to the cap on the aggregate amount of annual compensation that may be paid to the individual under applicable law during the year in which the pay period occurs, as allocated on a per pay period basis consistent with premium pay regulations of the Capitol Police Board.
(2) Exempt individuals defined
In this subsection, an “exempt individual” is an officer or employee of the United States Capitol Police—
(A) who is classified under regulations issued pursuant to section 1313 of this title as exempt from the application of the rights and protections established by subsections (a)(1) and (d) of section 206, section 207, and section 212(c) of title 29; or
(B) whose annual rate of pay is not established specifically under any law.
(3) Conforming amendment
(A) Omitted
(B) Effective date
(Pub. L. 111–145, § 5, Mar. 4, 2010, 124 Stat. 52.)

CITE AS: 2 USC 1933

§ 1934. Waiver by Chief of Capitol Police of claims arising out of erroneous payments to officers and employees
(a) Waiver of claim
(b) Investigation of application; report
(c) Prohibition of waiver under certain circumstances
The Chief may not exercise the authority to waive a claim under subsection (a) if—
(1) in the Chief’s opinion, there exists in connection with the claim an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the officer, member, or employee involved or of any other person having an interest in obtaining a waiver of the claim; or
(2) the Chief receives the application for the waiver after the expiration of the 3-year period that begins on the date on which the erroneous payment of pay or allowances was discovered.
(d) Credit for waiver
(e) Effect of waiver
(f) Construction with other laws
(g) Rules and regulations
(h) Effective date
(Pub. L. 112–74, div. G, title I, § 1102, Dec. 23, 2011, 125 Stat. 1125.)

CITE AS: 2 USC 1934