2 U.S.C. § 1927 — Bonuses, retention allowances, and addi-

Page 425 TITLE 2—THE CONGRESS § 1927 Buildings, Property, and Works, by Pub. L. 107–217, § 1, Aug. 21, 2002, 116 Stat. 1062. AMENDMENTS 2020—Subsec. (c). Pub. L. 116–260 substituted ‘‘$80,000’’ for ‘‘$60,000’’. 2019—Subsec. (c). Pub. L. 116–94 substituted ‘‘$60,000’’ for ‘‘$40,000’’. 2003—Pub. L. 108–7 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (f) relating to student loan repayment program. Statutory Notes and Related Subsidiaries DEADLINE FOR REGULATIONS Pub. L. 108–7, div. H, title I, § 1020, Feb. 20, 2003, 117 Stat. 370, provided that: ‘‘Not later than 60 days after the date of the enactment of this Act [Feb. 20, 2003], the Chief of the Capitol Police shall promulgate any regu- lations required by sections 1004, 1006, 1007, and 1011 of this Act [enacting section 1931 of this title and amend- ing this section and section 1927 of this title].’’ § 1927. Bonuses, retention allowances, and addi- tional compensation (a) Recruitment and relocation bonuses (1) Authorization of payment The Capitol Police Board (hereafter in this section referred to as the ‘‘Board’’) may au- thorize 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 of- ficer or employee of the Capitol Police, and to pay an additional bonus to an individual who must relocate to accept a position as an offi- cer or employee of the Capitol Police, if the Chief, in the Chief’s sole discretion, deter- mines 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 ex- ceed 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 enter- ing into an agreement with the Capitol Police to complete a period of employment with the Capitol Police, with the required period deter- mined 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 em- ployee. (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 review- able Any determination of the Chief under this subsection shall not be appealable or review- able 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 Chief’s 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 consid- ered 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 officer’s or employee’s basic pay is paid. (c) Lump sum incentive and merit bonus pay- ments (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 es- tablish. (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 em- ployee. (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 cri- teria 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 Page 426 TITLE 2—THE CONGRESS § 1928 Chief’s designee) may be advanced in com- pensation 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 The payment of bonuses, allowances, step in- creases, 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. (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.) Editorial Notes CODIFICATION Section was classified to section 207b–2 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1, Aug. 21, 2002, 116 Stat. 1062. AMENDMENTS 2003—Subsec. (a)(1). Pub. L. 108–7, § 1004(1)(A), sub- stituted ‘‘the Chief, in the Chief’s sole discretion, deter- mines that such a bonus will assist the Capitol Police in recruitment efforts’’ for ‘‘the Board determines that the Capitol Police would be likely, in the absence of such a bonus, to encounter difficulty in filling the posi- tion’’. Subsec. (a)(6). Pub. L. 108–7, § 1004(1)(B), added par. (6). Subsec. (b)(1). Pub. L. 108–7, § 1006(1), substituted ‘‘if the Chief, in the Chief’s sole discretion, determines that such a bonus will assist the Capitol Police in re- tention efforts.’’ for ‘‘if—’’ and struck out pars. (A) and (B) which read as follows: ‘‘(A) the unusually high or unique qualifications of the officer or employee or a special need of the Capitol Police for the officer’s or employee’s services makes it essential to retain the officer or employee; and ‘‘(B) the Chief determines that the officer or em- ployee would be likely to leave in the absence of a re- tention allowance.’’ Subsec. (b)(3). Pub. L. 108–7, § 1006(2), which directed the substitution of ‘‘any determination of the Chief under this subsection, or the reduction or elimination of a retention allowance, shall not be appealable or re- viewable in any manner’’ for ‘‘the reduction or the elimination of a retention allowance may not be ap- pealed’’, was executed by making the substitution for ‘‘the reduction or elimination of a retention allowance may not be appealed’’, to reflect the probable intent of Congress. Subsec. (e). Pub. L. 108–7, § 1004(2), (3), redesignated subsec. (f) as (e) and struck out former subsec. (e) which related to additional compensation for field training officers. Subsec. (f). Pub. L. 108–7, § 1004(3), redesignated sub- sec. (g) as (f). Former subsec. (f) redesignated (e). Subsec. (f)(2). Pub. L. 108–7, § 1004(2), struck out head- ing and text of par. (2). Text read as follows: ‘‘The regu- lations prescribed pursuant to this subsection shall be subject to the approval of the Committee on Rules and Administration of the Senate, the Committee on House Administration of the House of Representatives, and the Committees on Appropriations of the Senate and the House of Representatives.’’ Subsec. (g). Pub. L. 108–7, § 1004(3), redesignated sub- sec. (g) as (f). Statutory Notes and Related Subsidiaries CAPITOL POLICE LONGEVITY COMPENSATION Pub. L. 88–454, § 104(c), Aug. 20, 1964, 78 Stat. 550, pro- vided that: ‘‘Any member of the Capitol Police who by reason of the provision repealed by subsection (b) [sub- sec. (c) of section 4507 of this title] was receiving imme- diately prior to the effective date of this section [Sept. 1, 1964], longevity compensation provided by [former] section 105 of the Legislative Branch Appropriation Act, 1959 [Pub. L. 85–570, 72 Stat. 453], shall, on and after such effective date, receive in lieu thereof a lon- gevity increase under section 106(b) of the Legislative Branch Appropriation Act, 1963 [2 U.S.C. 4507(b)], in ad- dition to any other such increases (not to exceed three) to which he may otherwise be entitled under such sec- tion. In computing the length of service of such mem- ber for the purpose of such other increases, only service performed subsequent to the date on which he began re- ceiving longevity compensation in accordance with such [former] section 105 shall be counted.’’ [Section 4507 of this title, referred to above, not to apply, on or after Oct. 1, 1983, to any individual whose pay is disbursed by the Secretary of the Senate except for individuals entitled to longevity compensation prior to Oct. 1, 1983, on the basis of service performed prior to such date, see section 4509 of this title.] [Pub. L. 88–454, § 104(d), Aug. 20, 1964, 78 Stat. 550, pro- vided that: ‘‘This section [amending section 4507 of this title and enacting provisions set out as a note above] shall become effective on the first day of the month fol- lowing the date of enactment of this Act [Aug. 20, 1964].’’] § 1928. Repealed. Pub. L. 111–145, § 2(a)(4)(B)(i), Mar. 4, 2010, 124 Stat. 50 Section, R.S. § 1823; Mar. 3, 1921, ch. 124, § 1, 41 Stat. 1291, related to suspension of members of the force. Editorial Notes CODIFICATION Section was classified to section 208 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1, Aug. 21, 2002, 116 Stat. 1062. R.S. § 1823 derived from acts Mar. 3, 1873, ch. 226, 17 Stat. 488; June 20, 1874, ch. 328, 18 Stat. 86; Mar. 3, 1875, ch. 129, 18 Stat. 345. § 1929. Repealed. Pub. L. 111–145, § 2(a)(4)(B)(ii), Mar. 4, 2010, 124 Stat. 50 Section, Mar. 3, 1875, ch. 129, 18 Stat. 345, related to pay of members under suspension. Editorial Notes CODIFICATION Section was classified to section 209 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1, Aug. 21, 2002, 116 Stat. 1062. Section was based on a proviso in act Mar. 3, 1875, popularly known as the ‘‘Legislature, Executive, and Judicial Appropriation Act, fiscal year 1876’’. § 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 posi- tion. (b) Effective date This section shall apply to fiscal year 2003 and each fiscal year thereafter.