
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 40USC207b]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
                 CHAPTER 2--CAPITOL BUILDING AND GROUNDS
 
Sec. 207b. Establishment by Capitol Police Board of unified 
        schedules of rates of basic pay and leave system; lump sum 
        payments
        

(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 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) Leave system

    (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) 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 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) 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, Sec. 111, Oct. 7, 1997, 111 Stat. 1186.)

                       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, as amended, 
which enacted sections 60m and 60n of this title, sections 6381 to 6387 
of Title 5, Government Organization and Employees, and chapter 28 
(Sec. 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.

                         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.
