§1923 — Title 2 The Congress | U.S. Code

Summary

The Capitol Police Board must make and keep one set of basic pay rates and one leave system that apply to all Capitol Police officers and civilian workers, whether hired by the House or the Senate. The Board can change pay to reflect cost of living and to keep pay comparable. Any new or changed pay schedule only takes effect after both the Committee on House Oversight of the House of Representatives and the Committee on Rules and Administration of the Senate approve it. Once approved, the schedule has the force of law. The leave system must cover things like annual leave based on years of service, sick leave, administrative leave, leave under the Family and Medical Leave Act, unpaid or reduced-pay leave (and how benefits are handled), approval of leave by the Chief, order and rules for using and carrying over leave (including during active military duty), advance or buy-back of leave for injury recovery, lump-sum pay for unused annual leave at separation, and a leave-sharing program. Annual and sick leave cannot accrue during unpaid or reduced-pay leave. Lump-sum payments for unused leave must equal the pay the person would have gotten during the leave, come from Capitol Police funds, be based on the last day’s basic pay, not be extended by holidays after separation, be taxed as pay, and be paid only after the Chairman certifies the leave to the Secretary of the Senate or the Chief Administrative Officer of the House. Members entering active duty can get the lump sum or keep their leave until they return. The Board can make rules to carry out these items, but the rules need committee approval and then have the force of law. Nothing here changes who has the power to hire officers for the House or the Senate.

Title 2, §1923

The Congress — Source: USLM XML via OLRC

(a)(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 members and employees whose appointing authority is an officer of the Senate and members and employees 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 determines 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 Committee on Rules and Administration of the Senate.

(4)A schedule approved under paragraph (3) shall have the force and effect of law.

(b)(1)The Capitol Police Board shall prescribe, by regulation, a unified leave system for members and civilian employees of the Capitol Police which shall apply to both members and employees 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 include 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 contributions 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 termination of the employment as a member or civilian 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 established under this subsection shall be subject to the approval of the Committee on House Oversight of the House of Representatives and the Committee on Rules and Administration of the Senate. All regulations approved under this subsection shall have the force and effect of law.

(c)(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 accrued annual leave of the member or civilian employee.

(2)The lump sum payment under paragraph (1)—

(A)shall equal the pay the member or civilian 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 extending 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 purposes only; and

(F)shall be paid only after the Chairman of the Capitol Police Board certifies the applicable period of leave to the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives, as appropriate.

(3)A member or civilian employee of the Capitol Police who enters active duty in the Armed Forces may—

(A)receive a lump sum payment for accrued annual leave in accordance with this subsection, 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 returns 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 subsection until such regulations are approved by the Committee on Rules and Administration of the Senate and the Committee on House Oversight of the House of Representatives. All regulations approved under this subsection shall have the force and effect of law.

(d)Nothing in this section shall be construed to affect the appointing authority of any officer of the Senate or the House of Representatives.

Notes & Related Subsidiaries

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 Stat. 6, which enacted section 60m and 60n of this title, sections 6381 to 6387 of Title 5, Government Organization 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 Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.

§1923 Unified schedules of rates of basic pay and leave system