Part B - Compensation and Other Personnel Matters

2 USC 1921 - Repealed. Pub. L. 1087, div. H, title I, 1018(h)(2), Feb. 20, 2003, 117 Stat. 369

Section, R.S. 1822, provided that Capitol Police would be paid on the order of the Sergeant at Arms of the Senate or the House.

2 USC 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 
The determination of a rate or amount described in subsection (a) of this section may not be subject to review or appeal in any manner.
(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) of this section;
(2) any rate or amount described in subsection (a) of this section which is established under law; or
(3) the terms of any collective bargaining agreement.
(d) Effective date 
This section shall apply with respect to fiscal year 2005 and each succeeding fiscal year.

2 USC 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.

2 USC 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 
Nothing in this section shall be construed to affect the appointing authority of any officer of the Senate or the House of Representatives.

2 USC 1924 - Emergency duty overtime pay from funds disbursed by the Chief Administrative Officer of the House of Representatives

(a) Entitlement of officer or member 
Each officer or member of the United States Capitol Police force
(1) whose pay is disbursed by the Chief Administrative Officer of the House of Representatives; and
(2) who performs duty in addition to the number of hours of his regularly scheduled tour of duty beginning on or after July 1, 1974;

is entitled (subject to such rules and regulations as the Capitol Police Board may prescribe) to receive compensation as a result of performing such duty pursuant to the order of proper authority, or to receive compensatory time off for each such additional hour of duty, except that an officer shall be entitled to receive such compensation only upon a determination of the Capitol Police Board with respect to the additional hours of duty of such officer.

(b) Determination of rate of compensation 
Compensation of an officer or member for each additional hour of duty shall be paid at a rate equal to
(1) in the case of an officer, his hourly rate of compensation; or
(2) in the case of a member, one and one-half times his hourly rate of compensation.

The hourly rate of compensation of an officer or member shall be determined by dividing the annual rate of compensation of the officer or member by 2,080.

(c) Written election by officer for compensation or compensatory time off for additional hours of duty 
Any officer or member entitled to receive compensation for additional hours of duty shall make a written election with respect to his additional hours of duty which shall designate whether such officer or member desires to receive
(1) compensation for additional hours of duty; or
(2) compensatory time off for additional hours of duty subject to approval of the Chief and the Capitol Police Board.
(d) Certification procedure for additional compensation 
Compensation which officers and members are entitled to receive under this section shall be made upon certification by the Chief of the Capitol Police at the end of each calendar quarter to the Capitol Police Board, and upon the transmission of approval from the Capitol Police Board to the Committee on House Oversight of the House of Representatives.
(e) Transfer of accrued compensatory time off or receipt of lump-sum payment upon termination of service 
No officer or member may, upon the termination of his service as an officer or member of the United States Capitol Police force, transfer accrued compensatory time off for application with respect to his employment by any other department, agency, or establishment of the Federal Government or the District of Columbia. No officer or employee may, upon such termination, receive any lump-sum payment with respect to such accrued compensatory time off.
(f) Definitions 
For purposes of this section
(1) the term officer includes all personnel of the rank of lieutenant or higher, including inspector; and
(2) the term member includes all personnel below the rank of lieutenant, including detectives.

2 USC 1925 - Emergency duty overtime pay from funds disbursed by Secretary of the Senate

Each officer or member of the Capitol Police force whose compensation is disbursed by the Secretary of the Senate, who performs duty in addition to the number of hours of his regularly scheduled tour of duty for any day on or after July 1, 1974, is entitled to be paid compensation (when ordered to perform such duty by proper authority) or receive compensatory time off for each such additional hour of duty, except that an officer shall be entitled to such compensation only upon a determination made by the Capitol Police Board with respect to any additional hours. Compensation of an officer or member for each additional hour of duty shall be paid at a rate equal to his hourly rate of compensation in the case of an officer, and at a rate equal to one and one-half times his hourly rate of compensation for a member of such force. The hourly rate of compensation of such officer or member shall be determined by dividing his annual rate of compensation by 2,080. Any officer or member entitled to be paid compensation for such additional hours shall make a written election, which is irrevocable, whether he desires to be paid that compensation or to receive compensatory time off instead for each such hour. Compensation due officers and members under this paragraph shall be paid by the Secretary, upon certification by the Chief of the Capitol Police at the end of each calendar quarter and approval of the Capitol Police Board, from funds available in the Senate appropriation, Salaries, Officers and Employees for the fiscal year in which the additional hours of duty are performed without regard to the limitations specified therein. Any compensatory time off accrued and not used by an officer or member at the time he is separated from service on the Capitol Police force may not be transferred to any other department, agency, or establishment of the United States Government or the government of the District of Columbia, and no lump-sum amount shall be paid for such accrued time. The Capitol Police Board is authorized to prescribe regulations to carry out this section.

2 USC 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 
In carrying out subsection (a)(1) of this section, the Chief of the Capitol Police may, by regulation, make applicable such provisions of section 5379 of title 5 as the Chief determines necessary to provide for such program.
(2) Restrictions on prior reimbursements 
The Capitol Police may not reimburse any individual under subsection (a)(1) of this section for any repayments made by the individual prior to entering into an agreement with the Capitol Police to participate in the program under this section.
(3) Use of recovered amounts 
Any amount repaid by, or recovered from, an individual under subsection (a)(1) of this section and its implementing regulations shall be credited to the appropriation account available for salaries or general expenses of the Capitol Police at the time of repayment or recovery. Such credited amount may be used for any authorized purpose of the account and shall remain available until expended.
(c) Limit on amount of payments 
The total amount paid by the Capitol Police with respect to any individual under the program under this section may not exceed $40,000.
(d) No review of determinations 
Any determination made under the program under this section shall not be reviewable or appealable in any manner.
(e) Effective date 
This section shall apply with respect to fiscal year 2003 and each succeeding fiscal year.

2 USC 1927 - Bonuses, retention allowances, and additional compensation

(a) Recruitment and relocation bonuses 

(1) Authorization of payment 
The Capitol Police Board (hereafter in this section referred to as the Board) may authorize the Chief of the United States Capitol Police (hereafter in this section referred to as the Chief) to pay a bonus to an individual who is newly appointed to a position as an officer or employee of the Capitol Police, and to pay an additional bonus to an individual who must relocate to accept a position as an officer or employee of the Capitol Police, if the Chief, in the Chiefs sole discretion, determines that such a bonus will assist the Capitol Police in recruitment efforts.
(2) Amount of payment 
The amount of a bonus under this subsection shall be determined by regulations of the Board, but the amount of any bonus paid to an individual under this subsection may not exceed 25 percent of the annual rate of basic pay of the position to which the individual is being appointed.
(3) Minimum period of service required 
Payment of a bonus under this subsection shall be contingent upon the individual entering into an agreement with the Capitol Police to complete a period of employment with the Capitol Police, with the required period determined pursuant to regulations of the Board. If the individual voluntarily fails to complete such period of service or is separated from the service before completion of such period of service for cause on charges of misconduct or delinquency, the individual shall repay the bonus on a pro rata basis.
(4) Bonus not considered part of basic pay 
A bonus under this subsection shall be paid as a lump sum, and may not be considered to be part of the basic pay of the officer or employee.
(5) Payment permitted prior to commencement of duty 
Under regulations of the Board, a bonus under this subsection may be paid to a newly-hired officer or employee before the officer or employee enters on duty.
(6) Determination not appealable or reviewable 
Any determination of the Chief under this subsection shall not be appealable or reviewable in any manner.
(b) Retention allowances 

(1) Authorization of payment 
The Board may authorize the Chief to pay an allowance to an officer or employee of the United States Capitol Police if the Chief, in the Chiefs sole discretion, determines that such a bonus will assist the Capitol Police in retention efforts.
(2) Amount of payment 
A retention allowance, which shall be stated as a percentage of the rate of basic pay of the officer or employee, may not exceed 25 percent of such rate of basic pay.
(3) Payment not considered part of basic pay 
A retention allowance may not be considered to be part of the basic pay of an officer or employee, and any determination of the Chief under this subsection, or the reduction or elimination of a retention allowance, shall not be appealable or reviewable in any manner. The preceding sentence shall not be construed to extinguish or lessen any right or remedy under any of the laws made applicable to the Capitol Police pursuant to section 1302 of this title.
(4) Time and manner of payment 
A retention allowance under this subsection shall be paid at the same time and in the same manner as the officers or employees basic pay is paid.
(c) Lump sum incentive and merit bonus payments 

(1) In general 
The Board may pay an incentive or merit bonus to an officer or employee of the United States Capitol Police who meets such criteria for receiving the bonus as the Board may establish.
(2) Bonus not considered part of basic pay 
A bonus under this subsection shall be paid as a lump sum, and may not be considered to be part of the basic pay of the officer or employee.
(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 Chiefs 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 Chiefs 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 Chiefs 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 Chiefs approval.
(e) Regulations 

(1) In general 
The payment of bonuses, allowances, step increases, compensation, and other payments pursuant to this section shall be carried out in accordance with regulations prescribed by the Board.
(2) Repealed. Pub. L. 108–7, div. H, title I, § 1004(2), Feb. 20, 2003, 117 Stat. 358 
(f) Effective date 
This section shall apply with respect to fiscal year 2002 and each succeeding fiscal year.

2 USC 1928 - Suspension

The captain of the Capitol police may suspend any member of the force, subject to the approval of the two Sergeants at Arms and of the Architect of the Capitol.

2 USC 1929 - Pay of members under suspension

On and after March 3, 1875, whenever a member of the Capitol police or watch force is suspended from duty for cause, said policeman or watchman shall receive no compensation for the time of such suspension if he shall not be reinstated.

2 USC 1930 - Applicable pay rate upon appointment

(a) In general 
Notwithstanding any other provision of law, the rate of basic pay payable to an individual upon appointment to a position with the Capitol Police shall be at a rate within the minimum and maximum pay rates applicable to the position.
(b) Effective date 
This section shall apply to fiscal year 2003 and each fiscal year thereafter.

2 USC 1931 - Additional compensation for employees with specialty assignments and proficiencies

(a) Establishment of positions 
The Chief of the Capitol Police may establish and determine, from time to time, positions in salary classes of employees of the Capitol Police to be designated as employees with specialty assignments or proficiencies, based on the experience, education, training, or other appropriate factors required to carry out the duties of such employees.
(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 employees 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 
The additional compensation authorized by this subsection shall be paid to an employee in a manner determined by the Chief or his designee except when the employee ceases to be assigned to the specialty assignment or ceases to maintain the required proficiency. The loss of such additional compensation shall not constitute an adverse action for any purpose.
(d) Determination not appealable or reviewable 
Any determination under section[1] (a) shall not be appealable or reviewable in any manner.
[1] So in original. Probably should be “subsection”.

2 USC 1932 - Application of premium pay limits on annualized basis

(a) In general 
Any limits on the amount of premium pay which may be earned by officers and members of the Capitol Police during emergencies (as determined by the Capitol Police Board) shall be applied by the Chief of the Capitol Police on an annual basis and not on a pay period basis. Any determination under this subsection shall not be reviewable or appealable in any manner.
(b) Effective date 
Subsection (a) of this section shall apply with respect to hours of duty occurring on or after September 11, 2001.