Under authority vested in it by the Congressional Accountability Act of 1995 (CAA), the Office of Congressional Workplace Rights awarded back pay against the United States Capitol Police (USCP) in two employment disputes. CAA Section 415(a) established a permanent indefinite appropriation that is available for certain payments under CAA, including back pay awards.
Under the employment disputes at issue here, the Section 415(a) appropriation is available only for amounts that constitute back pay. USCP’s employer tax payments under the Federal Insurance Contributions Act, and its employer contributions under the Federal Employees’ Retirement System Act of 1986, are not back pay and thus not proper parts of the awards. Therefore, the Section 415(a) appropriation is unavailable for such expenses and should be paid from the employing agency’s appropriations for such employer contributions.
Decision
Matter of: Office of Congressional Workplace Rights—Availability of a Permanent Indefinite Appropriation for Agency Expenses Incident to Back Pay Awards
File: B-332003.1
Date: October 5, 2022
DIGEST
Under authority vested in it by the Congressional Accountability Act of 1995 (CAA), the Office of Congressional Workplace Rights awarded back pay against the United States Capitol Police (USCP) in two employment disputes. CAA Section 415(a) established a permanent indefinite appropriation that is available for certain payments under CAA, including back pay awards.
Under the employment...
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