L. 108-7 (February 20, 2003), provides that the Capitol Police Board may authorize theChief of Police of the United States Capitol Police to pay a bonus to an individual who is

newly appointed to a position as an employee of the Capitol Police and to pay anadditional bonus to an individual who must relocate to accept a position as an employee

of the Capitol Police if the Chief, in the Chiefs sole discretion, determines that such a

bonus will assist the Capitol Police in recruitment efforts, and to pay an allowance to an

employee of the Capitol Police if the Chief, in the Chiefs sole discretion, determines thatsuch an allowance will assist the Capitol Police in retention efforts.

Pursuanttosuch authority, the Capitol Police Board hereby promulgates regulations

as follows:

PART I. DEFINITIONS

For the purposes of these regulations, the terms shall be defined as follows:

A; CAPITOL POLICE — The term “Capitol Police” means the United States Capitol

Police.

B. CHIEF OF POLICE — The term “Chief of Police” means the Chief of the United

States Capitol Police.

C. EMPLOYEE OF THE CAPITOL POLICE — The term “employee of the Capitol

Police” or “employee” means an individual who is either a civilian or sworn employee of

the United States Capitol Police, including an individual who has entered into a service

agreement.

D. RECRUITMENT BONUS —The term “recruitment bonus” means a bonus paid

to an employee who is newly appointed to a position with the Capitol Police when the

Chief, in the Chiefs sole discretion, determines that such a bonus will assist the Capitol

Police in recruitment efforts.

E. RELOCATION BONUS — The term “relocation bonus” means a bonus paid to

an employee who must relocate to accept a position with the Capitol Police when theChief, in the Chiefs sole discretion, determines that such a bonus will assist the Capitol

Police in recruitment.efforts.

F. RETENTION ALLOWANCE — The term “retention allowanc&’ means an

allowance paid to an employee if the Chiet in the Chiefs sole discretion, determines that

such an allowance will assist the Capitol Police in retention efforts.

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PART II. RECRUITMENT AND RELOCATION BONUSES

A. SERVICE AGREEMENT — (1) In general — The Chief of Police, or designee, and an employee shall

enter into a written service agreement and shall be subject to the following — (a) the Capitol Police shall agree to pay a lump sum payment not to

exceed 25 percent of the annual rate of basic pay of the position to which theemployee is being appointed:

(b) the limitation not to exceed 25 percent of basic pay shall apply

separately to the relocation and recruitment bonus:

(c) the employee shall agree, unless otherwise provided, to complete

the required period of employment described in Section B(1), below, in

consideration for such bonus: and

(d) the payment may be made for both relocation and recruitment to

the newly-hired employee afterthe employee has entered into an agreementfor employment.

(2) Contents of Service Agreements — (a) Contents — A service agreement under this paragraph shall

contain (1) the start and end dates of the required period of employment

covered by the agreement (2) the lump sum amount of the bonus to be paid

by the Capitol Police: (3) the employee’s agreementto reimburse the Capitol

Police under the conditions set forth in Section C(1); (4) disclosure of theprogram limitations provided for in Section C(4) and Section E(2), (3), (6),and (7): (5) any other terms prescribed by the Chief of Police, or designee.

(b) Standard Service Agreement — The Chief of Police, or designee,

shall establish a standard service agreement for the Capitol Police for use

in carrying out Part II.(3) Submission of Agreements’— On entering into a service agreement

pursuant to Part II, the Capitol Police shall, upon request, submit a copy of the service

agreement to the Capitol Police Board, or designee.

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in the service agreement(s) for payments covering

a recruitment and/or relocation bonus,

shall run concurrently unless otherwise provided in the service agreement(s).

(2) Amount of Bonus

— The amount of each bonus paid pursuant to

a

service agreement in accordance with Part II to an employee may not exceed 25 percent

of the annual rate of basic pay of the position to which the employee is being appointed.

(3) Timing of payments

— Payments made in accordance with Part Il

pursuant to

a service agreement shall be paid in accordance with established disbursing

procedures which will normally allow for the payment to be made in

a lump sum provided,

however, such payment is not administratively impeded or delayed due to funding or other

external delays.

(4) Funding

— Amounts provided in accordance with Part II shall be subject

to available funding including annual and/or available appropriations.

C. OBLIGATION TO REIMBURSE

(1) In General

— An employee shall reimburse the Capitol Police for the

amount of the bonus on

a pro rata basis if, before the employee completes the required

period of employment specified in the service agreement the employee

— (a) voluntarily separates from service with the Capitol Police;

(b) engages in misconduct or delinquency and as

a result is

terminated from employment with the Capitol Police; or

(c) violates any condition of the agreement.

(2) Termination of Agreement

— The duty of an employee to fulfill the

required period of employment under the service agreement shall be

terminated if

— (a) funds are not available to cover the cost of the bonus to be carried

out in accordance with Part II; or

(b) the employee and the Chief of Police, or designee, mutually agree

to terminate the service agreement under Section E(6).

(3) Waiver—The Chief of Police, ordesignee, maywaive, inwhole or in part,

a right of recovery in accordance with Part II if it is shown that recovery would be againstequity and good conscience or not in the public interest.

(4) Failure of Employee to Reimburse

— If an employee fails to reimburse

the Capitol Police for the amo~int owed under subsection (1), above, and no waiver is

obtained under subsection (3), above, such amount shall be collected

— Page 3 of 9
congressional entity, or agency of the Federal Government.

D. RECORDS AND REPORTS

(1) In General — Not later than January 1, 2004, and each January 1

thereafter, the Capitol Police shall make ready for inspection a report for the fiscal year

preceding the fiscal year in which the report is prepared that contains informationspecifying the — (a) number of employees that received recruitment and relocation

bonuses;

(b) amount of payments made to employees;

(c) amount of any reimbursement amounts for early separation from

service or whether any waivers were provided with respect to such

reimbursements; and,

(d) any other information determined to be relevant by the Chief of

Police, or designee.

(2) Confidentiality — Such records/reports shall be maintained so as not to

disclose confidential or sensitive information of individual employees and/or the Capitol

Police.

E. ADDITIONAL ADMINISTRATIVE PROVISIONS

(1) Accounting — The Chief of Police, or designee, shall establish and

maintain an accounting for the recruitment and relocation bonuses paid to employees in

accordance with Part II.

(2) Beginning of Payments — Payment of recruitment and relocation

bonuses may begin with respect to an employee upon — (a) verification of employment with the Capitol Police by the Chief of

Police, or designee; and,

(b) execution of a service agreement between the employee and the

Chief of Police, or designee.

(3) Limitation — The amount of any bonus paid in accordance with Part II

may not exceed 25 percent of the annual rate of basic pay of the position to which theemployee is being appointed.

(4) Recruitmentand Relocation Bonus Criteria — (a) a written determination shall be made by the Chief of Police, or

designee, to authorize payment of a bonus in accordance with Part II, after

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(1) the success of recent efforts to recruit candidates for similar

positions including indicators such as offer/acceptance rates, the

proportion of positions filled, and the length of time required to fillsimilar positions;

(2) recent turnover in similar positions;(3) labor-market factors that may affect the ability of the Capitol

Police to recruit candidates for similar positions now or in the future;

and,

(4) special qualifications needed for the position:

(c) the Chief of Police, or designee, shall establish criteria for

determining the procedures for payment of bonuses, review and approval

procedures, service agreement requirements, and documentation and recordkeeping requirements;

(d) when necessary to make

a timely offer of employment, the Chief

of Police, or designee, may establish criteria for offering recruitment bonuses

in advance in any amount within the authorized range to any candidate

without further review or approval; and,

(e) the amount of

a relocation bonus shall be determined, unless

otherwise specifically approved by the Chief of Police, upon submission by

the newly-hired employee of actual relocation expenses or by relocation

schedules established by the Chief of Police, or designee.

(5) Treatment of Bonuses

— Bonuses paid to an employee in accordance

with Part II shall be in addition to basic pay and other forms of compensation otherwise

payable to the employee, and shall be subject to withholding for income and employment

tax obligations as provided by law.

(6) Reduction in Amount

— Notwithstanding the terms of

a service

agreement in accordance with Part II, the Chief of Police, or designee, may reduce or

eliminate the amount of

a bonus made under

a service agreement if adequate funds are

not available. If the Chief of Police, or designe~, is required to reduce or eliminate theamount of

a bonus made under

a service agreement, the Chief of Police, or designee, and

the employee may mutually agree to terminate such other provisions of the service

agreement not related to funding or bonus payment amounts.

(7) No Right to Continued Employment

—

A service agreement in

accordance with Part II shall not create

a right to, promise of, or entitlement to the

continued employment of the employee.

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(b) shall not be included in Federal wages for purposes of Chapter 85

of such Title (relating to unemployment compensation).

(10) Determination Not Appealable or Reviewable -Any determination of

the Chief of Police in accordance with Part II shall not be appealable or reviewable in any

manner.PART Ill. RETENTION ALLOWANCES

A. PROGRAM CONDITIONS

(1) Amount of Allowance —A retention allowance, which shall be stated as

a percentage of the rate of basic pay of the employee, may not exceed 25 percent of theannual rate of basic pay of the employee.

(2) Timing of Payments — A retention allowance shall be paid at the same

time and in the same manner as the employee’s basic pay. A retention allowance shall

not be available during a period of employment covered by a service agreement forpayment of a recruitment or relocation bonus. Provided, however, that after all terms andconditions of a recruitment and/or relocation bonus service agreement have been satisfiedby the employee, a retention allowance may be available. A retention allowance shall notbe offered prior to employment with the Capitol Police.

(3) Funding -Amounts provided for retention allowances shall be subject to

available funding including annual and/or available appropriations.

B. RECORDS AND REPORTS

(1) In General — Not later than January 1, 2004, and each January 1

thereafter, the Capitol Police shall make ready for inspection a report for the fiscal year

preceding the fiscal year in which the report is prepared that contains information

specifying the — (a) number of employees that received retention allowances;

(b) amount of payments made to employees; and,(c) any other information determined to be relevant by the Chief of

Police.(2) Confidentiality — Such records/reports shall be maintained so as not to

disclose confidential or sensitive information of individual employees and/or the Capitol

Police.

Page 6 of 9
Chief of Police, or designee.

(3) Limitation

— The amount of an allowance paid in accordance with Part

Ill shall be stated as

a percentage of the rate of basic pay of the employee and may not

exceed 25 percent of the annual rate of basic pay of the employee.

(4) Retention Allowance Criteria

— (a)

a written determination shall be made by the Chief of Police, or

designee, to authorize payment of an allowance in accordance with Part lIT

when the Chief, in the Chiefs sole discretion, determines that such

a bonus

will assist the Capitol Police in retention efforts.

(b) the Chief of Police, or designee, shall establish criteria for

determining the amount of an allowance which should include, but not be

limited to, consideration of:

(1) the success of recent efforts to recruit candidates and

retain employees with qualifications similar to those possessed by the

employee for positions similar to the position held by the employee;and

(2) the availability in the labor market of candidates for

employment who, with minimal training or disruption of service to the

public, could perform the full range of duties and responsibilitiesassigned to the position held by the employee.

(c) the Chief of Police, or designee, shall establish criteria for

determining the procedures for payment of allowances, review and approval

procedures, and documentation and record keeping requirements.(5) Treatment of Allowances

— Allowances paid to an employee in

accordance with Part Ill shall be in addition to basic pay and other forms of compensationotherwise payable to the employee, and shall be subject to withholding for income andemployment tax obligations as provided by law.

(6) Reduction in Amount

— The Chief àf Police, or designee, may reduce

or eliminate the amount of an allowance if adeq’uate funds are not available.

(7) No Right to Continued Employment

—

A retention allowance paid in

accordance with Part Ill shall not create

a right to, promise of, or entitlement to the

continued employment of the employee.

(8) No Entitlement

— An allowance payment made in accordance with Part

Ill shall not be construed to be an entitlement for any employee.

Page 7 of 9
of such Title (relating to unemployment compensation).(10) Determination Not Appealable or Reviewable -Any determination of

the Chief of Police made in accordance with Part Ill, including any reduction or elimination

of a retention allowance, shall not be appealable or reviewable in any manner.

PART IV. SCOPE AND EFFECTIVE DATE

Pursuant to Pub. L. 107-117, 115 Stat. 2230 (January 10, 2002), as amended by

Pub. L. 108-7 (February 20, 2003), the Capitol Police Board may authorize the Chief ofPolice of the United States Capitol Police — (A) to pay a bonus to an individual who is newly appointed to a position as an

employee of the Capitol Police, and to pay an additional bonus to an individual who must

relocate to accept a position as an employee of the Capitol Police, if the Chief, in theChiefs sole discretion, determines that such a bonus will assist the Capitol Police inrecruitment efforts; and

(B) to pay an allowance to an employee of the United States Capitol Police if the

Chief, in the Chiefs sole discretion, determines that such an allowance will assist theCapitol Police in retention efforts.

Pursuant to this authority, these regulations shall apply for the purposes of

payment of a recruitment or relocation bonus to an employee of the Capitol Police andpayment of a retention allowance to an employee of the Capitol Police. Pub. L. 107-117,as amended by Pub. L. 108-7 (February 20, 2003), and these regulations promulgated

thereto, provide the exclusive authority for the implementation of these provisions of Pub.

L. 107-117, as amended by Pub. L. 108-7 (February 20, 2003). Provided, however, that

the Chief of Police, or designee, may establish §uch policies, criteria, and procedures to

carry out the provisions of Pub. L. 107-117, as amended by Pub. L. 108-7 (February 20,

2003), and these regulations that are not inconsistent with law or these regulations.

Pursuant to this authdñty, these regulations shall apply for the purposes of

determining the eligibility and agreement for payment of recruitment and relocation

bonuses and retention allowances to an employee of the Capitol Police.

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-~ William’H. Pic~/I Wilson Livingood Alan M. Hantman

Chairman Member MemberCapitol Police Board Capitol Police Board Capitol Police Board

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