2 U.S.C. § 1923 — Unified schedules of rates of basic pay

Page 423 TITLE 2—THE CONGRESS § 1923 tion to section 104 of Pub. L. 102–397, set out above, is effective Oct. 6, 1992.] § 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 mem- bers and employees whose appointing authority is an officer of the Senate and members and em- ployees 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 deter- mines 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 Com- mittee on Rules and Administration of the Sen- ate. (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 mem- bers and civilian employees of the Capitol Police which shall apply to both members and employ- ees 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 in- clude 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 contribu- tions 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 termi- nation of the employment as a member or ci- vilian 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 estab- lished under this subsection shall be subject to the approval of the Committee on House Over- sight of the House of Representatives and the Committee on Rules and Administration of the Senate. All regulations approved under this sub- section 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 ac- crued annual leave of the member or civilian employee. (2) The lump sum payment under paragraph (1)— (A) shall equal the pay the member or civil- ian 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 ex- tending 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 pur- poses only; and (F) shall be paid only after the Chairman of the Capitol Police Board certifies the applica- ble period of leave to the Secretary of the Sen- ate or the Chief Administrative Officer of the House of Representatives, as appropriate. (3) A member or civilian employee of the Cap- itol Police who enters active duty in the Armed Forces may— (A) receive a lump sum payment for accrued annual leave in accordance with this sub- section, 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 re- turns 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 sub- section until such regulations are approved by the Committee on Rules and Administration of the Senate and the Committee on House Over- sight of the House of Representatives. All regu- lations 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. (Pub. L. 105–55, title I, § 111, Oct. 7, 1997, 111 Stat. 1186.) Editorial Notes REFERENCES IN TEXT The Family and Medical Leave Act of 1993, referred to in subsec. (b)(1)(D), is Pub. L. 103–3, Feb. 5, 1993, 107 Page 424 TITLE 2—THE CONGRESS § 1924 Stat. 6, which enacted sections 60m and 60n of this title, sections 6381 to 6387 of Title 5, Government Orga- nization and Employees, and chapter 28 (§ 2601 et seq.) of Title 29, Labor, amended section 2105 of Title 5, and enacted provisions set out as notes under section 2601 of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 29 and Tables. CODIFICATION Section was classified to section 207b 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. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on House Oversight of House of Rep- resentatives changed to Committee on House Adminis- tration of House of Representatives by House Resolu- tion No. 5, One Hundred Sixth Congress, Jan. 6, 1999. § 1924. Repealed. Pub. L. 111–145, § 5(a)(2)(A), Mar. 4, 2010, 124 Stat. 53 Section, Pub. L. 92–184, ch. IV, Dec. 15, 1971, 85 Stat. 636; Pub. L. 93–245, ch. VI, § 600, Jan. 3, 1974, 87 Stat. 1079; Pub. L. 93–554, title I, ch. III, Dec. 27, 1974, 88 Stat. 1777; Pub. L. 104–186, title II, § 221(10), (11), Aug. 20, 1996, 110 Stat. 1750, related to emergency duty overtime pay from funds disbursed by the Chief Administrative Offi- cer. Editorial Notes CODIFICATION Section was classified to section 206b 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. Subsecs. (a) to (f) of this section were based on sec- tion 3 of H. Res. No. 449, Ninety-second Congress, June 2, 1971, enacted into permanent law by Pub. L. 92–184, as amended by H. Res. No. 398, Ninety-third Congress, June 4, 1973, eff. Jan. 3, 1974, enacted into permanent law by Pub. L. 93–245, and H. Res. No. 1309, Ninety-third Congress, Oct. 10, 1974, eff. Dec. 27, 1974, enacted into permanent law by Pub. L. 93–554. Subsec. (g) of this section was based on section 3 of H. Res. No. 1309, Ninety-third Congress, Oct. 10, 1974, eff. Dec. 27, 1974, enacted into permanent law by Pub. L. 93–554, and was repealed by Pub. L. 104–186, title II, § 221(11)(B), Aug. 20, 1996, 110 Stat. 1750. As originally codified, this section consisted of two undesignated pars. based on sections 3 and 5 of H. Res. No. 449, Ninety-second Congress, June 2, 1971, enacted into permanent law by Pub. L. 92–184. Section 5 of H. Res. No. 449 was superseded by section 3 of H. Res. No. 1309, formerly set out as subsec. (g) of this section, and was subsequently repealed by Pub. L. 104–186, title II, § 221(11)(B), Aug. 20, 1996, 110 Stat. 1750. § 1925. Repealed. Pub. L. 111–145, § 5(a)(2)(B), Mar. 4, 2010, 124 Stat. 53 Section, Pub. L. 92–51, July 9, 1971, 85 Stat. 130; Pub. L. 93–145, Nov. 1, 1973, 87 Stat. 532; Pub. L. 93–371, § 5, Aug. 13, 1974, 88 Stat. 430, related to emergency duty overtime pay from funds disbursed by Secretary of the Senate. Editorial Notes CODIFICATION Section was classified to section 206c 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. § 1926. Educational assistance program for em- ployees (a) Establishment In order to recruit or retain qualified per- sonnel, the Chief of the Capitol Police may es- tablish 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 edu- cational institution on behalf of a partici- pating employee or to reimburse a partici- pating 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), 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) for any re- payments made by the individual prior to en- tering into an agreement with the Capitol Po- lice 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) and its im- plementing regulations shall be credited to the appropriation account available for sala- ries or general expenses of the Capitol Police at the time of repayment or recovery. Such credited amount may be used for any author- ized 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 pro- gram under this section may not exceed $80,000. (d) No review of determinations Any determination made under the program under this section shall not be reviewable or ap- pealable in any manner. (e) Effective date This section shall apply with respect to fiscal year 2003 and each succeeding fiscal year. (Pub. L. 107–117, div. B, § 908, Jan. 10, 2002, 115 Stat. 2319; Pub. L. 108–7, div. H, title I, § 1007, Feb. 20, 2003, 117 Stat. 358; Pub. L. 116–94, div. E, title I, § 120, Dec. 20, 2019, 133 Stat. 2763; Pub. L. 116–260, div. I, title I, § 120, Dec. 27, 2020, 134 Stat. 1643.) Editorial Notes CODIFICATION Section was classified to section 207b–1 of former Title 40, prior to the enactment of Title 40, Public