2 U.S.C. § 1933 — Clarification of authorities regarding cer-

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 Page 428 TITLE 2—THE CONGRESS § 1934 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 estab- lished 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 enact- ment of the Legislative Branch Appropria- tions Act, 2003, except that the amendment shall not apply with respect to any overtime work performed prior to March 4, 2010. (Pub. L. 111–145, § 5, Mar. 4, 2010, 124 Stat. 52.) Editorial Notes REFERENCES IN TEXT The Legislative Branch Appropriations Act, 2003, re- ferred to in subsec. (b)(3)(B), is div. H of Pub. L. 108–7, which was approved Feb. 20, 2003. CODIFICATION Section is comprised of section 5 of Pub. L. 111–145. Subsec. (a)(2) of section 5 of Pub. L. 111–145 repealed sections 1924 and 1925 of this title. Subsec. (b)(3)(A) of section 5 of Pub. L. 111–145 repealed section 1009 of the Legislative Branch Appropriations Act, 2003, Pub. L. 108–7, div. H, 117 Stat. 359, which is not classified to the Code. § 1934. Waiver by Chief of Capitol Police of claims arising out of erroneous payments to officers and employees (a) Waiver of claim Subject to the joint approval of the Chief Ad- ministrative Officer of the House of Representa- tives and the Secretary of the Senate, the Chief of the United States Capitol Police may waive in whole or in part a claim of the United States against a person arising out of an erroneous pay- ment of any pay or allowances, other than trav- el and transportation expenses and allowances, to an officer, member, or employee of the United States Capitol Police, if the collection of the claim would be against equity and good con- science and not in the best interests of the United States. (b) Investigation of application; report The Chief shall investigate each application for the waiver of a claim under subsection (a) and shall submit a written report of the inves- tigation, including a description of the facts and circumstances of the claim, to the Chief Admin- istrative Officer of the House of Representatives and the Secretary of the Senate, except that if the aggregate amount of the claim involved ex- ceeds $1,500, the Comptroller General may also investigate the application and submit a written report of the investigation, including a descrip- tion of the facts and circumstances of the claim, to the Chief Administrative Officer of the House of Representatives and the Secretary of the Sen- ate. (c) Prohibition of waiver under certain cir- cumstances The Chief may not exercise the authority to waive a claim under subsection (a) if— (1) in the Chief’s opinion, there exists in con- nection with the claim an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the officer, member, or em- ployee 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 pe- riod that begins on the date on which the erro- neous payment of pay or allowances was dis- covered. (d) Credit for waiver In the audit and settlement of accounts of any accountable officer or official, full credit shall be given for any amounts with respect to which collection by the United States is waived under subsection (a). (e) Effect of waiver An erroneous payment, the collection of which is waived under subsection (a), is deemed a valid payment for all purposes. (f) Construction with other laws This section does not affect any authority under any other law to litigate, settle, com- promise, or waive any claim of the United States. (g) Rules and regulations Subject to the approval of the Chief Adminis- trative Officer of the House of Representatives and the Secretary of the Senate, the Chief shall promulgate rules and regulations to carry out this section. (h) Effective date This section shall apply with respect to pay- ments of pay and allowances made at any time after the Chief became the disbursing officer for the United States Capitol Police pursuant to section 1907(a) of this title. (Pub. L. 112–74, div. G, title I, § 1102, Dec. 23, 2011, 125 Stat. 1125.) Editorial Notes CODIFICATION Section is from the Legislative Branch Appropria- tions Act, 2012, which is div. G of the Consolidated Ap- propriations Act, 2012. PART C—UNIFORM AND ARMS § 1941. Uniform The Capitol Police Board shall select and reg- ulate the pattern for a uniform for the Capitol police and watchmen, and furnish each member of the force with the necessary belts and arms, payable from appropriations to the Capitol Po- lice upon certification of payment by the Chief of the Capitol Police. Such arms so furnished or other arms as authorized by the Capitol Police Board shall be carried by each officer and mem- ber of the Capitol Police, while in the Capitol Buildings (as defined in section 5101 of title 40), and while within or outside of the boundaries of the United States Capitol Grounds (as defined in section 5102 of title 40), in such manner and at such times as the Capitol Police Board may, by regulations, prescribe.