Sec. 5. CLARIFICATION OF AUTHORITIES REGARDING CERTAIN PERSONNEL BENEFITS

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## SEC. 5 CLARIFICATION OF AUTHORITIES REGARDING CERTAIN PERSONNEL BENEFITS **[**[2 U.S.C. 1933](/us/usc/t2/s1933)**]** ###

(a)No Lump-Sum Payment Permitted for Unused Compensatory Time ####

(1)In general No officer or employee of the United States Capitol Police whose service with the United States Capitol Police is terminated may receive any lump-sum payment with respect to accrued compensatory time off, except to the extent permitted under section 203(c)(4) of the Congressional Accountability Act of 1995 (2 U.S.C. 1313(c)(4)). ####

(2)Repeal of related obsolete provisions #####

(A)Overtime pay disbursed by house Section 3 of House Resolution 449, Ninety-second Congress, agreed to June 2, 1971, as enacted into permanent law by chapter IV of the Supplemental Appropriations Act, 1972 (85 Stat. 636) (2 U.S.C. 1924), together with any other provision of law which relates to compensatory time for the Capitol Police which is codified at section 1924 of title 2, United States Code (2000 Editions, Supp. V), is repealed. #####

(B)Overtime pay disbursed by senate The last full paragraph under the heading “Administrative Provisions” in the appropriation for the Senate in the Legislative Branch Appropriations Act, 1972 (85 Stat. 130) (2 U.S.C. 1925) is repealed. ###

(b)Overtime Compensation for Officers and Employees Exempt From Fair Labor Standards Act of 1938 ####

(1)Criteria under which compensation permitted The Chief of the Capitol Police may provide for the compensation of overtime work of exempt individuals which is performed on or after the date of the enactment of this Act, in the form of additional pay or compensatory time off, only if— #####

(A)the overtime work is carried out in connection with special circumstances, as determined by the Chief; #####

(B)the Chief has established a monetary value for the overtime work performed by such individual; and #####

(C)the sum of the total amount of the compensation paid to the individual for the overtime work (as determined on the basis of the monetary value established under subparagraph (B)) and the total regular compensation paid to the individual with respect to the pay period involved may not exceed an amount equal to the cap on the aggregate amount of annual compensation that may be paid to the individual under applicable law during the year in which the pay period occurs, as allocated on a per pay period basis consistent with premium pay regulations of the Capitol Police Board. ####

(2)Exempt individuals defined In this subsection, an “exempt individual” is an officer or employee of the United States Capitol Police— #####

(A)who is classified under regulations issued pursuant to section 203 of the Congressional Accountability Act of 1995 (2 U.S.C. 1313) as exempt from the application of the rights and protections established by subsections (a)(1) and

(d)of section 6, section 7, and section 12(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 (a)(1) and (d), 207, 212(c)); or #####

(B)whose annual rate of pay is not established specifically under any law. ####

(3)Conforming amendment #####

(A)In general Section 1009 of the Legislative Branch Appropriations Act, 2003 (Public Law 108-7; 117 Stat. 359) is repealed. #####

(B)Effective date The amendment made by subparagraph

(A)shall take effect as if included in the enactment of the Legislative Branch Appropriations Act, 2003, except that the amendment shall not apply with respect to any overtime work performed prior to the date of the enactment of this Act.

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