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2 U.S.C. § 1933 — Clarification of authorities regarding certain personnel benefits
Federal law — U.S. Code and appendices · legal_authorities
**(a) No lump-sum payment permitted for unused compensatory time**
(1) **In general** — No officer or employee of the United States Capitol Police whose service with the United States Capitol Police is terminated may receive any lump-sum payment with respect to accrued compensatory time off, except to the extent permitted under [section 1313(c)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1313/c/4&num=0&edition=prelim).
(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
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Stable record: federal_law:legal_authorities:record_usc_c21a612c7f077d725d26f283
Source file: Laws/federal/codes/united-states-code/title-2/section-1933-clarification-of-authorities-regarding-certain-personnel-benefits--bf66867797.md
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Source location: Title 2, Chapter 29, § 1933; chapter-029-capitol-police.md
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**(a) No lump-sum payment permitted for unused compensatory time**
(1) **In general** — No officer or employee of the United States Capitol Police whose service with the United States Capitol Police is terminated may receive any lump-sum payment with respect to accrued compensatory time off, except to the extent permitted under [section 1313(c)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1313/c/4&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1313&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section212/c&num=0&edition=prelim); or
(B) whose annual rate of pay is not established specifically under any law.
(3) **Conforming amendment**
(A) *Omitted*
(B) *Effective date* — The amendment made by subparagraph (A) shall take effect as if included in the enactment of the Legislative Branch Appropriations Act, 2003, except that the amendment shall not apply with respect to any overtime work performed prior to March 4, 2010.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Fair labor standards**
(1) **In general** — The rights and protections established by subsections (a)(1) and (d) of section 6, section 7, section 12(c), and section 18D of the Fair Labor Standards Act of 1938 ([29 U.S.C. 206](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206&num=0&edition=prelim) (a)(1) and (d), 207, 212(c), 218d) shall apply to covered employees.
(2) **Interns** — For the purposes of this section, the term “covered employee” does not include an intern as defined in regulations under subsection (c).
(3) **Compensatory time** — Except as provided in regulations under subsection (c)(3) and in subsection (c)(4), covered employees may not receive compensatory time in lieu of overtime compensation.
**(b) Remedy** The remedy for a violation of subsection (a) shall be such remedy, including liquidated damages, as would be appropriate if awarded under section 16(b) of the Fair Labor Standards Act of 1938 ([29 U.S.C. 216(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section216/b&num=0&edition=prelim)).
**(c) Regulations to implement section**
(1) **In general** — The Board shall, pursuant to [section 1384 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1384&num=0&edition=prelim), issue regulations to implement this section.
(2) **Agency regulations** — Except as provided in paragraph (3), the regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsection (a) except insofar as the Board may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the
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Federal law — U.S. Code and appendices · legal_authorities
Page 427
TITLE 2—THE CONGRESS
§ 1933
1 So in original. Probably should be ‘‘subsection’’.
(Pub. L. 108–7, div. H, title I, § 1008, Feb. 20, 2003,
117 Stat. 359.)
Editorial Notes
CODIFICATION
Section is from the Legislative Branch Appropria-
tions Act, 2003, which is div. H of Pub. L. 108–7.
§ 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 as-
signments or proficiencies, based on the experi-
ence, 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 des-
ignated 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 cal-
endar year to the extent that, when added to
the total basic pay paid or payable to such em-
ployee 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 des-
ignee except when the employee ceases to be as-
signed to the specialty assignment or ceases to
maintain the required proficiency. The loss of
such additional compensation shall not con-
stitute an adverse action for any
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