
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 40USC206b]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
                 CHAPTER 2--CAPITOL BUILDING AND GROUNDS
 
Sec. 206b. Emergency duty overtime pay for Capitol Police from 
        funds disbursed by the Chief Administrative Officer of the House 
        of Representatives
        

(a) Entitlement of officer or member

    Each officer or member of the United States Capitol Police force--
        (1) whose pay is disbursed by the Chief Administrative Officer 
    of the House of Representatives; and
        (2) who performs duty in addition to the number of hours of his 
    regularly scheduled tour of duty beginning on or after July 1, 1974;

is entitled (subject to such rules and regulations as the Capitol Police 
Board may prescribe) to receive compensation as a result of performing 
such duty pursuant to the order of proper authority, or to receive 
compensatory time off for each such additional hour of duty, except that 
an officer shall be entitled to receive such compensation only upon a 
determination of the Capitol Police Board with respect to the additional 
hours of duty of such officer.

(b) Determination of rate of compensation

    Compensation of an officer or member for each additional hour of 
duty shall be paid at a rate equal to--
        (1) in the case of an officer, his hourly rate of compensation; 
    or
        (2) in the case of a member, one and one-half times his hourly 
    rate of compensation.

The hourly rate of compensation of an officer or member shall be 
determined by dividing the annual rate of compensation of the officer or 
member by 2,080.

(c) Written election by officer for compensation or compensatory time 
        off for additional hours of duty

    Any officer or member entitled to receive compensation for 
additional hours of duty shall make a written election with respect to 
his additional hours of duty which shall designate whether such officer 
or member desires to receive--
        (1) compensation for additional hours of duty; or
        (2) compensatory time off for additional hours of duty subject 
    to approval of the Chief and the Capitol Police Board.

(d) Certification procedure for additional compensation

    Compensation which officers and members are entitled to receive 
under this section shall be made upon certification by the Chief of the 
Capitol Police at the end of each calendar quarter to the Capitol Police 
Board, and upon the transmission of approval from the Capitol Police 
Board to the Committee on House Oversight of the House of 
Representatives.

(e) Transfer of accrued compensatory time off or receipt of lump-sum 
        payment upon termination of service

    No officer or member may, upon the termination of his service as an 
officer or member of the United States Capitol Police force, transfer 
accrued compensatory time off for application with respect to his 
employment by any other department, agency, or establishment of the 
Federal Government or the District of Columbia. No officer or employee 
may, upon such termination, receive any lump-sum payment with respect to 
such accrued compensatory time off.

(f) Definitions

    For purposes of this section--
        (1) the term ``officer'' includes all personnel of the rank of 
    lieutenant or higher, including inspector; and
        (2) the term ``member'' includes all personnel below the rank of 
    lieutenant, including detectives.

(Pub. L. 92-184, ch. IV, Dec. 15, 1971, 85 Stat. 636; Pub. L. 93-245, 
ch. VI, Sec. 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, 
Sec. 221(10), (11), Aug. 20, 1996, 110 Stat. 1750.)

                          Codification

    Subsecs. (a) to (f) of this section are based on section 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, Sec. 221(11)(B), Aug. 20, 1996, 110 Stat. 1750. See 1996 
Amendment note below.
    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, Sec. 221(11)(B), 
Aug. 20, 1996, 110 Stat. 1750.


                               Amendments

    1996--Subsec. (a)(1). Pub. L. 104-186, Sec. 221(10), substituted 
``Chief Administrative Officer'' for ``Clerk''.
    Subsec. (d). Pub. L. 104-186, Sec. 221(11)(A), substituted ``House 
Oversight'' for ``House Administration''.
    Subsec. (g). Pub. L. 104-186, Sec. 221(11)(B), struck out subsec. 
(g) which read as follows: ``There shall be paid out of the contingent 
fund of the House of Representatives, until otherwise provided by law, 
such sums as may be necessary to make payments of overtime pay under the 
provisions of this section.''

                         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.
