2 U.S.C. § 1931 — Additional compensation for employees

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 purpose. (d) Determination not appealable or reviewable Any determination under section 1 (a) shall not be appealable or reviewable in any manner. (Pub. L. 108–7, div. H, title I, § 1011, Feb. 20, 2003, 117 Stat. 360.) Editorial Notes REFERENCES IN TEXT Level II of the Executive Schedule, referred to in sub- sec. (b)(2), is set out in section 5313 of Title 5, Govern- ment Organization and Employees. CODIFICATION Section is from the Legislative Branch Appropria- tions Act, 2003, which is div. H of Pub. L. 108–7. § 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 deter- mined by the Capitol Police Board) shall be ap- plied by the Chief of the Capitol Police on an an- nual basis and not on a pay period basis. Any de- termination under this subsection shall not be reviewable or appealable in any manner. (b) Effective date Subsection (a) shall apply with respect to hours of duty occurring on or after September 11, 2001. (Pub. L. 108–7, div. H, title I, § 1012, Feb. 20, 2003, 117 Stat. 361.) Editorial Notes CODIFICATION Section is from the Legislative Branch Appropria- tions Act, 2003, which is div. H of Pub. L. 108–7. § 1933. Clarification of authorities regarding cer- tain personnel benefits (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 re- ceive any lump-sum payment with respect to accrued compensatory time off, except to the extent permitted under section 1313(c)(4) of this title. (2) Omitted (b) Overtime compensation for officers and em- ployees exempt from Fair Labor Standards Act of 1938 (1) Criteria under which compensation per- mitted The Chief of the Capitol Police may provide for the compensation of overtime work of ex- empt 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 sub- paragraph (B)) and the total regular com- pensation 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 oc- curs, 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