USC Subchapter I

USC Subchapter I
in effect

2 U.S.C. § 1901 Establishment; officer appointments

There shall be a Capitol police. There shall be a captain of the Capitol police and such other members with such rates of compensation, respectively, as may be appropriated for by Congress from year to year. The Capitol Police shall be headed by a Chief who shall be appointed by the Capitol Police Board and shall serve at the pleasure of the Board.

2 U.S.C. § 1901a Capitol Police Board

(a) Capitol Police Board; composition; redefining mission(1) PurposeThe purpose of the Capitol Police Board is to oversee and support the Capitol Police in its mission and to advance coordination between the Capitol Police and the Sergeant at Arms of the House of Representatives and the Sergeant at Arms and Doorkeeper of the Senate, in their law enforcement capacities, and the Congress. Consistent with this purpose, the Capitol Police Board shall establish general goals and objectives covering its major functions and operations to improve the efficiency and effectiveness of its operations. (2) CompositionThe Capitol Police Board shall consist of the Sergeant at Arms of the House of Representatives, the Sergeant at Arms and Doorkeeper of the Senate, the Chief of the Capitol Police, and the Architect of the Capitol. The Chief of Capitol Police shall serve in an ex-officio capacity and be a non-voting member of the Board. (b) Initial review and reportNot later than 180 days after February 20, 2003, the Capitol Police Board shall—(1) examine the mission of the Capitol Police Board and, based on that analysis, redefine the Capitol Police Board’s mission, mission-related processes, and administrative processes; (2) conduct an assessment of the effectiveness and usefulness of its statutory functions in contributing to the Capitol Police Board’s ability to carry out its mission and meet its goals, including an explanation of the reasons for any determination that the statutory functions are appropriate and advisable in terms of its purpose, mission, and long-term goals; and (3) submit to the Speaker and minority leader of the House of Representatives and the President pro tempore and minority leader of the Senate a report on the results of its examination and assessment, including recommendations for any legislation that the Capitol Police Board considers appropriate and necessary. (c) Executive Assistant(1) EstablishmentThere shall be established in the Capitol Police an Executive Assistant for the Capitol Police Board to act as a central point for communication and enhance the overall effectiveness and efficiency of the Capitol Police Board’s administrative activities. (2) AppointmentThe Executive Assistant shall be appointed by the Chief of the Capitol Police in consultation with the Sergeant at Arms of the House of Representatives and the Sergeant at Arms and Doorkeeper of the Senate. (3) DutiesThe Executive Assistant shall be assigned to, and report to, the Chairman of the Board. The Executive Assistant shall assist the Capitol Police Board in developing, documenting, and implementing a clearly defined process for additional tasks assigned to the Capitol Police Board under this section, and shall perform any additional duties assigned by the Capitol Police Board. (d) Documentation(1) Functions and processesThe Capitol Police Board shall document its functions and processes, including its mission statement, policies, directives, and operating procedures established or revised under subsection (a)(1) or (b), and make such documentation available for examination to the Speaker and minority leader of the House of Representatives, the President pro tempore and minority leader of the Senate, the Chief of the Capitol Police, and the Comptroller General. (2) MeetingsThe Capitol Police Board shall document Board meetings and make the documentation available for distribution to the Speaker and minority leader of the House of Representatives and the President pro tempore and minority leader of the Senate. (e) Assistance of Comptroller GeneralUpon request, the Comptroller General shall provide assistance to the Capitol Police Board in carrying out its responsibilities under this subsection.11 So in original. Probably should be “this section.” (f) References in law; effect on other laws(1) Any reference in any law or resolution in effect as of February 20, 2003, to the “Capitol Police Board” shall be deemed to refer to the Capitol Police Board as composed under subsection (a)(2). (2) Nothing in this section shall be construed to affect the jurisdiction, powers, or prerogatives of the Capitol Police Board or its individual members unless specifically provided herein.

2 U.S.C. § 1901b Joint oversight hearings

(a) In GeneralThe Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives (referred to in this section as the “Committees”) are authorized to jointly conduct oversight hearings regarding the Capitol Police Board and may request the attendance of all members of the Capitol Police Board at any such hearing. Members of the Capitol Police Board shall attend a joint hearing under this section, as requested and under such rules or procedures as may be adopted by the Committees. (b) TimingThe Committees may conduct oversight hearings under this section as determined appropriate by the Committees, but shall conduct not less than one oversight hearing under this section during each Congress.

2 U.S.C. § 1902 Compensation of Chief

The annual rate of pay for the Chief of the Capitol Police shall be the amount equal to the annual rate of basic pay for level II of the Executive Schedule under section 5313 of title 5.

2 U.S.C. § 1903 Chief Administrative Officer

(a) Chief Administrative Officer(1) EstablishmentThere shall be within the United States Capitol Police an Office of Administration, to be headed by the Chief Administrative Officer, who shall report to and serve at the pleasure of the Chief of the Capitol Police. (2) AppointmentThe Chief Administrative Officer shall be appointed by the Chief of the United States Capitol Police, after consultation with the Capitol Police Board, without regard to political affiliation and solely on the basis of fitness to perform the duties of the position. (3) CompensationThe annual rate of pay for the Chief Administrative Officer shall be the amount equal to $1,000 less than the annual rate of pay in effect for the Chief of the Capitol Police. (b) ResponsibilitiesThe Chief Administrative Officer shall have the following areas of responsibility:(1) BudgetingThe Chief Administrative Officer shall—(A) prepare and submit to the Capitol Police Board an annual budget for the Capitol Police; and (B) execute the budget and monitor through periodic examinations the execution of the Capitol Police budget in relation to actual obligations and expenditures. (2) Financial managementThe Chief Administrative Officer shall—(A) oversee all financial management activities relating to the programs and operations of the Capitol Police; (B) develop and maintain an integrated accounting and financial system for the Capitol Police, including financial reporting and internal controls, which—(i) complies with applicable accounting principles, standards, and requirements, and internal control standards; (ii) complies with any other requirements applicable to such systems; and (iii) provides for—(I) complete, reliable, consistent, and timely information which is prepared on a uniform basis and which is responsive to financial information needs of the Capitol Police; (II) the development and reporting of cost information; (III) the integration of accounting and budgeting information; and (IV) the systematic measurement of performance; (C) direct, manage, and provide policy guidance and oversight of Capitol Police financial management personnel, activities, and operations, including—(i) the recruitment, selection, and training of personnel to carry out Capitol Police financial management functions; and (ii) the implementation of Capitol Police asset management systems, including systems for cash management, debt collection, and property and inventory management and control; and (D) Prepare 11 So in original. Probably should not be capitalized. annual financial statements for the Capitol Police, and such financial statements shall be audited by the Inspector General of the Capitol Police or by an independent public accountant, as determined by the Inspector General. (3) Information technologyThe Chief Administrative Officer shall—(A) direct, coordinate, and oversee the acquisition, use, and management of information technology by the Capitol Police; (B) promote and oversee the use of information technology to improve the efficiency and effectiveness of programs of the Capitol Police; and (C) establish and enforce information technology principles, guidelines, and objectives, including developing and maintaining an information technology architecture for the Capitol Police. (4) Human resourcesThe Chief Administrative Officer shall—(A) direct, coordinate, and oversee human resources management activities of the Capitol Police; (B) develop and monitor payroll and time and attendance systems and employee services; and (C) develop and monitor processes for recruiting, selecting, appraising, and promoting employees.

2 U.S.C. § 1904 Certifying officers

(a) Appointment of certifying officers of the Capitol PoliceThe Chief Administrative Officer of the United States Capitol Police, or when there is not a Chief Administrative Officer, the Chief of the Capitol Police, shall appoint certifying officers to certify all vouchers for payment from funds made available to the United States Capitol Police. (b) Responsibility and accountability of certifying officers(1) In generalEach officer or employee of the Capitol Police who has been duly authorized in writing by the Chief Administrative Officer, or the Chief of the Capitol Police if there is not a Chief Administrative Officer, to certify vouchers pursuant to subsection (a) shall—(A) be held responsible for the existence and correctness of the facts recited in the certificate or otherwise stated on the voucher or its supporting papers and for the legality of the proposed payment under the appropriation or fund involved; (B) be held responsible and accountable for the correctness of the computations of certified vouchers; and (C) be held accountable for and required to make good to the United States the amount of any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate made by such officer or employee, as well as for any payment prohibited by law or which did not represent a legal obligation under the appropriation or fund involved. (2) Relief by Comptroller GeneralThe Comptroller General may, at the Comptroller General’s discretion, relieve such certifying officer or employee of liability for any payment otherwise proper if the Comptroller General finds—(A) that the certification was based on official records and that the certifying officer or employee did not know, and by reasonable diligence and inquiry could not have ascertained, the actual facts; or (B) that the obligation was incurred in good faith, that the payment was not contrary to any statutory provision specifically prohibiting payments of the character involved, and the United States has received value for such payment. (c) Enforcement of liabilityThe liability of the certifying officers of the United States Capitol Police shall be enforced in the same manner and to the same extent as currently provided with respect to the enforcement of the liability of disbursing and other accountable officers, and such officers shall have the right to apply for and obtain a decision by the Comptroller General on any question of law involved in a payment on any vouchers presented to them for certification.

2 U.S.C. § 1905 Deposit and use of reimbursements for law enforcement assistance

(a)(1) Any funds received by the Capitol Police as reimbursement for law enforcement assistance from any Federal, State, or local government agency (including any agency of the District of Columbia), and from any other source in the case of assistance provided in connection with an activity that was not sponsored by Congress shall be deposited in the United States Treasury for credit to the appropriation for “general expenses” under the heading “United States Capitol Police”, or “security enhancements” under the heading “United States Capitol Police”. (2) Funds deposited under this subsection may be expended by the Chief of the United States Capitol Police for any authorized purpose, including overtime pay expenditures relating to any law enforcement assistance for which reimbursement described in paragraph (1) is made, and shall remain available until expended. (b) This section shall take effect on July 24, 2001, and shall apply to fiscal year 2001 and each fiscal year thereafter.

2 U.S.C. § 1905a Reimbursement for salaries paid for service at Federal Law Enforcement Training Center

Notwithstanding any other provision of law, the Chief of the Capitol Police is authorized to receive moneys from the Department of the Treasury as reimbursements for salaries paid by the Capitol Police in connection with certain officers and members of the United States Capitol Police serving as instructors at the Federal Law Enforcement Training Center. Moneys so received shall be deposited in the Treasury of the United States as miscellaneous receipts.

2 U.S.C. § 1905b Notification of obligation

(a) Beginning on March 15, 2022, the Chief of the United States Capitol Police shall provide written notice to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives before any obligation of funds under section 1905(a)(2) of this title that equals or exceeds $100,000. (b) This section shall apply with respect to fiscal year 2022 and each fiscal year thereafter.

2 U.S.C. § 1906 Disposal of surplus property

(a) In generalWithin the limits of available appropriations, the Capitol Police may dispose of surplus or obsolete property of the Capitol Police, and property which is in the possession of the Capitol Police because it has been disposed, forfeited, voluntarily abandoned, or unclaimed, by interagency transfer, donation, sale, trade-in, or other appropriate method. (b) Amounts receivedAny amounts received by the Capitol Police from the disposition of property under subsection (a) shall be credited to the account established for the general expenses of the Capitol Police, and shall be available to carry out the purposes of such account during the fiscal year in which the amounts are received and the following fiscal year. (c) Effective dateThis section shall apply to fiscal year 2003 and each fiscal year thereafter.

2 U.S.C. § 1907 Transfer of disbursing function

(a) In general(1) Disbursing officerThe Chief of the Capitol Police shall be the disbursing officer for the Capitol Police. Any reference in any law or resolution before February 20, 2003, to funds paid or disbursed by the Chief Administrative Officer of the House of Representatives and the Secretary of the Senate relating to the pay and allowances of Capitol Police employees shall be deemed to refer to the Chief of the Capitol Police. (2) TransferAny statutory function, duty, or authority of the Chief Administrative Officer of the House of Representatives or the Secretary of the Senate as disbursing officers for the Capitol Police shall transfer to the Chief of the Capitol Police as the single disbursing officer for the Capitol Police. (3) Continuity of function during transitionUntil such time as the Chief notifies the Chief Administrative Officer of the House of Representatives and the Secretary of the Senate that systems are in place for discharging the disbursing functions under this subsection, the House of Representatives and the Senate shall continue to serve as the disbursing authority on behalf of the Capitol Police. (b) Treasury accounts(1) Salaries(A) In generalThere is established in the Treasury of the United States a separate account for the Capitol Police, into which shall be deposited appropriations received by the Chief of the Capitol Police and available for the salaries of the Capitol Police. (B) Transfer authority during transitionUntil such time as the Chief notifies the Chief Administrative Officer of the House of Representatives and the Secretary of the Senate that systems are in place for discharging the disbursing functions under subsection (a), the Chief shall have the authority to transfer amounts in the account to the House of Representatives and the Senate to the extent necessary to enable the Chief Administrative Officer of the House of Representatives and the Secretary of the Senate to continue to serve as the disbursing authority on behalf of the Capitol Police pursuant to subsection (a)(3). (2) General expensesThere is established in the Treasury of the United States a separate account for the Capitol Police, into which shall be deposited appropriations received by the Chief of the Capitol Police and available for the general expenses of the Capitol Police. (c) Transfer of funds, assets, accounts, records, and authority(1) In generalThe Chief Administrative Officer of the House of Representatives and the Secretary of the Senate are authorized and directed to transfer to the Chief of the Capitol Police all funds, assets, accounts, and copies of original records of the Capitol Police that are in the possession or under the control of the Chief Administrative Officer of the House of Representatives or the Secretary of the Senate in order that all such items may be available for the unified operation of the Capitol Police. Any funds so transferred shall be deposited in the Treasury accounts established under subsection (b) and be available to the Chief of the Capitol Police for the same purposes as, and in like manner and subject to the same conditions as, the funds prior to the transfer. (2) Existing transfer authorityAny transfer authority existing before February 20, 2003, granted to the Chief Administrative Officer of the House of Representatives or the Secretary of the Senate for salaries, expenses, and operations of the Capitol Police shall be transferred to the Chief of the Capitol Police. (d) Unexpended balancesExcept as may otherwise be provided in law, the unexpended balances of appropriations for the fiscal year 2003 and succeeding fiscal years that are subject to disbursement by the Chief of the Capitol Police shall be withdrawn as of September 30 of the fifth fiscal year following the period or year for which provided. Unpaid obligations chargeable to any of the balances so withdrawn or appropriations for prior years shall be liquidated from any appropriations for the same general purpose, which, at the time of payment, are available for disbursement. (e) Hiring authority; eligibility for same benefits as House employees(1) Authority(A) In generalThe Chief of the Capitol Police, in carrying out the duties of office, is authorized to appoint, hire, suspend with or without pay, discipline, discharge, and set the terms, conditions, and privileges of employment of employees of the Capitol Police, subject to and in accordance with applicable laws and regulations. (B) Special rule for terminationsThe Chief may terminate an officer, member, or employee only after the Chief has provided notice of the termination to the Capitol Police Board (in such manner as the Board may from time to time require) and the Board has approved the termination, except that if the Board has not disapproved the termination prior to the expiration of the 30-day period which begins on the date the Board receives the notice, the Board shall be deemed to have approved the termination. (C) Notice or approvalThe Chief of the Capitol Police shall provide notice or receive approval, as required by the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives, as each Committee determines appropriate for—(i) the exercise of any authority under subparagraph (A); or (ii) the establishment of any new position for officers, members, or employees of the Capitol Police, for reclassification of existing positions, for reorganization plans, or for hiring, termination, or promotion for officers, members, or employees of the Capitol Police. (2) BenefitsEmployees of the Capitol Police who are appointed by the Chief under the authority of this subsection shall be subject to the same type of benefits (including the payment of death gratuities, the withholding of debt, and health, retirement, Social Security, and other applicable employee benefits) as are provided to employees of the House of Representatives, and any such individuals serving as employees of the Capitol Police as of February 20, 2003, shall be subject to the same rules governing rights, protections, pay, and benefits in effect immediately before such date until such rules are changed under applicable laws or regulations. (f) Repealed. Pub. L. 113–76, div. I, title I, § 1002(b), Jan. 17, 2014, 128 Stat. 424 (g) Effect on existing law(1) In generalThe provisions of this section shall not be construed to reduce the pay or benefits of any employee of the Capitol Police whose pay was disbursed by the Chief Administrative Officer of the House of Representatives or the Secretary of the Senate before February 20, 2003. (2) Superseding provisionsAll provisions of law inconsistent with this section are hereby superseded to the extent of the inconsistency. (h) Omitted (i) Effective dateThis section and the amendments made by this section shall take effect on February 20, 2003, and shall apply to fiscal year 2003 and each fiscal year thereafter.

2 U.S.C. § 1907a Authority to transfer amounts between salaries and general expenses

During fiscal year 2014 and any succeeding fiscal year, the Capitol Police may transfer amounts appropriated for the fiscal year between the category for salaries and the category for general expenses, upon the approval of the Committees on Appropriations of the House of Representatives and Senate.

2 U.S.C. § 1907b Funds available for workers compensation payments

Available balances of expired United States Capitol Police appropriations shall be available to the Capitol Police to make the deposit to the credit of the Employees’ Compensation Fund required by section 8147(b) of title 5.

2 U.S.C. § 1908 Legal representation authority

(a) In general(1) Authorization of representationAny counsel described under paragraph (2) may for the purposes of providing legal assistance and representation to the United States Capitol Police Board or the United States Capitol Police enter an appearance in any proceeding before any court of the United States or of any State or political subdivision thereof, without compliance with any requirement for admission to practice before such court. (2) CounselParagraph (1) refers to—(A) the General Counsel to the Chief of Police and the United States Capitol Police; (B) the Employment Counsel to the Chief of Police and the United States Capitol Police; (C) any attorney employed in the Office of the General Counsel for the United States Capitol Police or the Office of Employment Counsel for the United States Capitol Police; (D) the counsel for, or any attorney employed by, any successor office of either office described under subparagraph (C); and (E) any attorney retained by contract with either office described under subparagraph (C). (b) Limitations(1) Direction for appearanceEntrance of appearance authorized under subsection (a) shall be subject to the direction of the Capitol Police Board. (2) United States Supreme CourtThe authority under subsection (a) shall not apply with respect to the admission of any person to practice before the United States Supreme Court. (c) Effective dateThis section shall apply to fiscal year 2004, and each fiscal year thereafter.

2 U.S.C. § 1909 Inspector General for the United States Capitol Police

(a) Establishment of OfficeThere is established in the United States Capitol Police the Office of the Inspector General (hereafter in this section referred to as the “Office”), headed by the Inspector General of the United States Capitol Police (hereafter in this section referred to as the “Inspector General”). (b) Inspector General(1) AppointmentThe Inspector General shall be appointed by, and under the general supervision of, the Capitol Police Board. The appointment shall be made in consultation with the Inspectors General of the Library of Congress, Government Publishing Office, and the Government Accountability Office. The Capitol Police Board shall appoint the Inspector General without regard to political affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. (2) Term of serviceThe Inspector General shall serve for a term of 5 years, and an individual serving as Inspector General may be reappointed for not more than 2 additional terms. (3) RemovalThe Inspector General may be removed from office prior to the expiration of his term only by the unanimous vote of all of the voting members of the Capitol Police Board, and the Board shall communicate the reasons for any such removal to the Committee on House Administration, the Senate Committee on Rules and Administration and the Committees on Appropriations of the House of Representatives and of the Senate. (4) SalaryThe Inspector General shall be paid at an annual rate equal to $1,000 less than the annual rate of pay in effect for the Chief of the Capitol Police. (5) DeadlineThe Capitol Police Board shall appoint the first Inspector General under this section not later than 180 days after August 2, 2005. (c) Duties(1) Applicability of duties of Inspector General of executive branch establishmentThe Inspector General shall carry out the same duties and responsibilities with respect to the United States Capitol Police as an Inspector General of an establishment carries out with respect to an establishment under section 404 of title 5, under the same terms and conditions which apply under such section. (2) Semiannual reportsThe Inspector General shall prepare and submit semiannual reports summarizing the activities of the Office in the same manner, and in accordance with the same deadlines, terms, and conditions, as an Inspector General of an establishment under section 405 (other than subsection (b)(13) thereof) of title 5. For purposes of applying section 405 of such title to the Inspector General, the Chief of the Capitol Police shall be considered the head of the establishment. The Chief shall, within 30 days of receipt of a report, report to the Capitol Police Board, the Committee on House Administration, the Senate Committee on Rules and Administration, and the Committees on Appropriations of the House of Representatives and of the Senate consistent with section 405(c) of such title. (3) Investigations of complaints of employees and members(A) AuthorityThe Inspector General may receive and investigate complaints or information from an employee or member of the Capitol Police concerning the possible existence of an activity constituting a violation of law, rules, or regulations, or mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to the public health and safety, including complaints or information the investigation of which is under the jurisdiction of the Internal Affairs Division of the Capitol Police as of August 2, 2005. (B) NondisclosureThe Inspector General shall not, after receipt of a complaint or information from an employee or member, disclose the identity of the employee or member without the consent of the employee or member, unless required by law or the Inspector General determines such disclosure is otherwise unavoidable during the course of the investigation. (C) Prohibiting retaliationAn employee or member of the Capitol Police who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or threaten to take any action against any employee or member as a reprisal for making a complaint or disclosing information to the Inspector General, unless the complaint was made or the information disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. (4) Independence in carrying out dutiesNeither the Capitol Police Board, the Chief of the Capitol Police, nor any other member or employee of the Capitol Police may prevent or prohibit the Inspector General from carrying out any of the duties or responsibilities assigned to the Inspector General under this section. (d) Powers(1) In generalThe Inspector General may exercise the same authorities with respect to the United States Capitol Police as an Inspector General of an establishment may exercise with respect to an establishment under section 406(a) of title 5, other than paragraphs (7) and (8) of such section. (2) Staff(A) In generalThe Inspector General may appoint and fix the pay of such personnel as the Inspector General considers appropriate. Such personnel may be appointed without regard to the provisions of title 5 regarding appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no personnel of the Office (other than the Inspector General) may be paid at an annual rate greater than $500 less than the annual rate of pay of the Inspector General under subsection (b)(4). (B) Experts and consultantsThe Inspector General may procure temporary and intermittent services under section 3109 of title 5 at rates not to exceed the daily equivalent of the annual rate of basic pay for level IV of the Executive Schedule under section 5315 of such title. (C) Independence in appointing staffNo individual may carry out any of the duties or responsibilities of the Office unless the individual is appointed by the Inspector General, or provides services procured by the Inspector General, pursuant to this paragraph. Nothing in this subparagraph may be construed to prohibit the Inspector General from entering into a contract or other arrangement for the provision of services under this section. (D) Applicability of Capitol Police personnel rulesNone of the regulations governing the appointment and pay of employees of the Capitol Police shall apply with respect to the appointment and compensation of the personnel of the Office, except to the extent agreed to by the Inspector General. Nothing in the previous sentence may be construed to affect subparagraphs (A) through (C). (3) Equipment and suppliesThe Chief of the Capitol Police shall provide the Office with appropriate and adequate office space, together with such equipment, supplies, and communications facilities and services as determined by the Inspector General to be necessary for the operation of the Office, and shall provide necessary maintenance services for such office space and the equipment and facilities located therein. (e) Transfer of functions(1) TransferTo the extent that any office or entity in the Capitol Police prior to the appointment of the first Inspector General under this section carried out any of the duties and responsibilities assigned to the Inspector General under this section, the functions of such office or entity shall be transferred to the Office upon the appointment of the first Inspector General under this section. (2) No reduction in pay or benefitsThe transfer of the functions of an office or entity to the Office under paragraph (1) may not result in a reduction in the pay or benefits of any employee of the office or entity, except to the extent required under subsection (d)(2)(A). (f) Effective dateThis section shall be effective on August 2, 2005.

2 U.S.C. § 1910 Report of disbursements

(a) In generalNot later than 60 days after the last day of each semiannual period, the Chief of the Capitol Police shall submit to Congress, with respect to that period, a detailed, itemized report of the disbursements for the operations of the United States Capitol Police. (b) ContentsThe report required by subsection (a) shall include—(1) the name of each person or entity who receives a payment from the Capitol Police and the amount thereof; (2) a description of any service rendered to the Capitol Police, together with service dates; (3) a statement of all amounts appropriated to, or received or expended by, the Capitol Police and any unexpended balances of such amounts for any open fiscal year; and (4) such additional information as may be required by regulation of the Committee on House Administration of the House of Representatives or the Committee on Rules and Administration of the Senate. (c) PrintingEach report under this section shall be printed as a House document. (d) Effective dateThis section shall apply with respect to the semiannual periods of October 1 through March 31 and April 1 through September 30 of each year, beginning with the semiannual period in which this section is enacted.

2 U.S.C. § 1911 General Counsel to the Chief of Police and the United States Capitol Police

(1) In generalThere shall be within the United States Capitol Police the General Counsel to the Chief of Police and the United States Capitol Police (in this subsection referred to as the “General Counsel”), who shall report to and serve at the pleasure of the Chief of the United States Capitol Police. (2) AppointmentThe General Counsel shall be appointed by the Chief of the Capitol Police in accordance with section 1907(e)(1) of this title (as amended by section 2(a)(4)),11 See References in Text note below. after consultation with the Capitol Police Board, without regard to political affiliation and solely on the basis of fitness to perform the duties of the position. (3) Compensation(A) In generalSubject to subparagraph (B), the annual rate of pay for the General Counsel shall be fixed by the Chief of the Capitol Police. (B) LimitationThe annual rate of pay for the General Counsel may not exceed an annual rate equal to $1,000 less than the annual rate of pay in effect for the Chief of the Capitol Police. (4) Omitted (5) No effect on current General CounselNothing in this section or the amendments made by this section may be construed to affect the status of the individual serving as the General Counsel to the Chief of Police and the United States Capitol Police as of March 4, 2010.

2 U.S.C. § 1912 Volunteer chaplain services

(a) The Chief of the Capitol Police shall have authority to accept unpaid religious chaplain services, whereby volunteers from multiple faiths, authorized by their respective religious endorsing agency or organization, may advise, administer, and perform spiritual care and religious guidance for Capitol Police employees. (b) Chaplains shall not be required to perform any rite, ritual, or ceremony, and employees shall not be required to receive such rite, ritual, or ceremony, if doing so would compromise the conscience, moral principles, or religious beliefs of such chaplain or employees or the chaplain’s endorsing agency or organization. (c) Effective Date.—This section shall apply with respect to fiscal year 2023 and each succeeding fiscal year.

2 U.S.C. § 1921a Sole and exclusive authority of Board and Chief to determine rates of pay

(a) In generalThe Capitol Police Board and the Chief of the Capitol Police shall have the sole and exclusive authority to determine the rates and amounts for each of the following for members of the Capitol Police:(1) The rate of basic pay (including the rate of basic pay upon appointment), premium pay, specialty assignment and proficiency pay, and merit pay. (2) The rate of cost-of-living adjustments, comparability adjustments, and locality adjustments. (3) The amount for recruitment and relocation bonuses. (4) The amount for retention allowances. (5) The amount for educational assistance payments. (b) No review or appeal permittedThe determination of a rate or amount described in subsection (a) may not be subject to review or appeal in any manner. (c) Rule of constructionNothing in this section may be construed to affect—(1) any authority provided under law for a committee of the House of Representatives or Senate, or any other entity of the legislative branch, to review or approve any determination of a rate or amount described in subsection (a); (2) any rate or amount described in subsection (a) which is established under law; or (3) the terms of any collective bargaining agreement. (d) Effective dateThis section shall apply with respect to fiscal year 2005 and each succeeding fiscal year.

2 U.S.C. § 1922 Unified payroll administration

Payroll administration for the Capitol Police and civilian support personnel of the Capitol Police shall be carried out on a unified basis by a single disbursing authority. The Capitol Police Board, with the approval of the Committee on House Oversight of the House of Representatives and the Committee on Rules and Administration of the Senate, acting jointly, shall, by contract or otherwise, provide for such unified payroll administration.

2 U.S.C. § 1923 Unified schedules of rates of basic pay and leave system

(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 authorityNothing in this section shall be construed to affect the appointing authority of any officer of the Senate or the House of Representatives.

2 U.S.C. § 1926 Educational assistance program for employees

(a) EstablishmentIn order to recruit or retain qualified personnel, the Chief of the Capitol Police may establish an educational assistance program for employees of the Capitol Police under which the Capitol Police may agree—(1) to repay (by direct payments on behalf of the participating employee) all or any portion of a student loan previously taken out by the employee; (2) to make direct payments to an educational institution on behalf of a participating employee or to reimburse a participating employee for all or any portion of any tuition or related educational expenses paid by the employee. (b) Special rules for student loan repayments(1) Application of regulations under executive branch programIn carrying out subsection (a)(1), the Chief of the Capitol Police may, by regulation, make applicable such provisions of section 5379 of title 5 as the Chief determines necessary to provide for such program. (2) Restrictions on prior reimbursementsThe Capitol Police may not reimburse any individual under subsection (a)(1) for any repayments made by the individual prior to entering into an agreement with the Capitol Police to participate in the program under this section. (3) Use of recovered amountsAny amount repaid by, or recovered from, an individual under subsection (a)(1) and its implementing regulations shall be credited to the appropriation account available for salaries or general expenses of the Capitol Police at the time of repayment or recovery. Such credited amount may be used for any authorized purpose of the account and shall remain available until expended. (c) Limit on amount of paymentsThe total amount paid by the Capitol Police with respect to any individual under the program under this section may not exceed $80,000. (d) No review of determinationsAny determination made under the program under this section shall not be reviewable or appealable in any manner. (e) Effective dateThis section shall apply with respect to fiscal year 2003 and each succeeding fiscal year.

2 U.S.C. § 1927 Bonuses, retention allowances, and additional compensation

(a) Recruitment and relocation bonuses(1) Authorization of paymentThe Capitol Police Board (hereafter in this section referred to as the “Board”) may authorize the Chief of the United States Capitol Police (hereafter in this section referred to as the “Chief”) to pay a bonus to an individual who is newly appointed to a position as an officer or employee of the Capitol Police, and to pay an additional bonus to an individual who must relocate to accept a position as an officer or employee of the Capitol Police, if the Chief, in the Chief’s sole discretion, determines that such a bonus will assist the Capitol Police in recruitment efforts. (2) Amount of paymentThe amount of a bonus under this subsection shall be determined by regulations of the Board, but the amount of any bonus paid to an individual under this subsection may not exceed 25 percent of the annual rate of basic pay of the position to which the individual is being appointed. (3) Minimum period of service requiredPayment of a bonus under this subsection shall be contingent upon the individual entering into an agreement with the Capitol Police to complete a period of employment with the Capitol Police, with the required period determined pursuant to regulations of the Board. If the individual voluntarily fails to complete such period of service or is separated from the service before completion of such period of service for cause on charges of misconduct or delinquency, the individual shall repay the bonus on a pro rata basis. (4) Bonus not considered part of basic payA bonus under this subsection shall be paid as a lump sum, and may not be considered to be part of the basic pay of the officer or employee. (5) Payment permitted prior to commencement of dutyUnder regulations of the Board, a bonus under this subsection may be paid to a newly-hired officer or employee before the officer or employee enters on duty. (6) Determination not appealable or reviewableAny determination of the Chief under this subsection shall not be appealable or reviewable in any manner. (b) Retention allowances(1) Authorization of paymentThe Board may authorize the Chief to pay an allowance to an officer or employee of the United States Capitol Police if the Chief, in the Chief’s sole discretion, determines that such a bonus will assist the Capitol Police in retention efforts. (2) Amount of paymentA retention allowance, which shall be stated as a percentage of the rate of basic pay of the officer or employee, may not exceed 25 percent of such rate of basic pay. (3) Payment not considered part of basic payA retention allowance may not be considered to be part of the basic pay of an officer or employee, and any determination of the Chief under this subsection, or the reduction or elimination of a retention allowance, shall not be appealable or reviewable in any manner. The preceding sentence shall not be construed to extinguish or lessen any right or remedy under any of the laws made applicable to the Capitol Police pursuant to section 1302 of this title. (4) Time and manner of paymentA retention allowance under this subsection shall be paid at the same time and in the same manner as the officer’s or employee’s basic pay is paid. (c) Lump sum incentive and merit bonus payments(1) In generalThe Board may pay an incentive or merit bonus to an officer or employee of the United States Capitol Police who meets such criteria for receiving the bonus as the Board may establish. (2) Bonus not considered part of basic payA bonus under this subsection shall be paid as a lump sum, and may not be considered to be part of the basic pay of the officer or employee. (d) Service step increases for meritorious service for officersUpon the approval of the Chief—(1) an officer of the United States Capitol Police in a service step who has demonstrated meritorious service (in accordance with criteria established by the Chief or the Chief’s designee) may be advanced in compensation to the next higher service step, effective with the first pay period which begins after the date of the Chief’s approval; and (2) an officer of the United States Capitol Police in a service step who has demonstrated extraordinary performance (in accordance with criteria established by the Chief or the Chief’s designee) may be advanced in compensation to the second next higher service step, effective with the first pay period which begins after the date of the Chief’s approval. (e) Regulations(1) In generalThe payment of bonuses, allowances, step increases, compensation, and other payments pursuant to this section shall be carried out in accordance with regulations prescribed by the Board. (2) Repealed. Pub. L. 108–7, div. H, title I, § 1004(2), Feb. 20, 2003, 117 Stat. 358 (f) Effective dateThis section shall apply with respect to fiscal year 2002 and each succeeding fiscal year.

2 U.S.C. § 1930 Applicable pay rate upon appointment

(a) In generalNotwithstanding any other provision of law, the rate of basic pay payable to an individual upon appointment to a position with the Capitol Police shall be at a rate within the minimum and maximum pay rates applicable to the position. (b) Effective dateThis section shall apply to fiscal year 2003 and each fiscal year thereafter.

2 U.S.C. § 1931 Additional compensation for employees with specialty assignments and proficiencies

(a) Establishment of positionsThe Chief of the Capitol Police may establish and determine, from time to time, positions in salary classes of employees of the Capitol Police to be designated as employees with specialty assignments or proficiencies, based on the experience, education, training, or other appropriate factors required to carry out the duties of such employees. (b) Additional compensationIn addition to the regularly scheduled rate of basic pay, each employee holding a position designated under this section shall receive an amount determined by the Chief, except that—(1) such amount may not exceed 25 percent of the employee’s annual rate of basic pay; and (2) such amount may not be paid in a calendar year to the extent that, when added to the total basic pay paid or payable to such employee for service performed in the year, such amount would cause the total to exceed the annual rate of basic pay payable for level II of the Executive Schedule, as of the end of such year. (c) Manner of paymentThe additional compensation authorized by this subsection shall be paid to an employee in a manner determined by the Chief or his designee except when the employee ceases to be assigned to the specialty assignment or ceases to maintain the required proficiency. The loss of such additional compensation shall not constitute an adverse action for any purpose. (d) Determination not appealable or reviewableAny determination under section 11 So in original. Probably should be “subsection”. (a) shall not be appealable or reviewable in any manner.

2 U.S.C. § 1932 Application of premium pay limits on annualized basis

(a) In generalAny limits on the amount of premium pay which may be earned by officers and members of the Capitol Police during emergencies (as determined by the Capitol Police Board) shall be applied by the Chief of the Capitol Police on an annual basis and not on a pay period basis. Any determination under this subsection shall not be reviewable or appealable in any manner. (b) Effective dateSubsection (a) shall apply with respect to hours of duty occurring on or after September 11, 2001.

2 U.S.C. § 1933 Clarification of authorities regarding certain personnel benefits

(a) No lump-sum payment permitted for unused compensatory time(1) In generalNo 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 1313(c)(4) of this title. (2) Omitted (b) Overtime compensation for officers and employees exempt from Fair Labor Standards Act of 1938(1) Criteria under which compensation permittedThe Chief of the Capitol Police may provide for the compensation of overtime work of exempt individuals which is performed on or after March 4, 2010, 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 definedIn 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 1313 of this title as exempt from the application of the rights and protections established by subsections (a)(1) and (d) of section 206, section 207, and section 212(c) of title 29; or (B) whose annual rate of pay is not established specifically under any law. (3) Conforming amendment(A) Omitted (B) Effective dateThe 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 March 4, 2010.

2 U.S.C. § 1934 Waiver by Chief of Capitol Police of claims arising out of erroneous payments to officers and employees

(a) Waiver of claimSubject to the joint approval of the Chief Administrative Officer of the House of Representatives and the Secretary of the Senate, the Chief of the United States Capitol Police may waive in whole or in part a claim of the United States against a person arising out of an erroneous payment of any pay or allowances, other than travel and transportation expenses and allowances, to an officer, member, or employee of the United States Capitol Police, if the collection of the claim would be against equity and good conscience and not in the best interests of the United States. (b) Investigation of application; reportThe Chief shall investigate each application for the waiver of a claim under subsection (a) and shall submit a written report of the investigation, including a description of the facts and circumstances of the claim, to the Chief Administrative Officer of the House of Representatives and the Secretary of the Senate, except that if the aggregate amount of the claim involved exceeds $1,500, the Comptroller General may also investigate the application and submit a written report of the investigation, including a description of the facts and circumstances of the claim, to the Chief Administrative Officer of the House of Representatives and the Secretary of the Senate. (c) Prohibition of waiver under certain circumstancesThe Chief may not exercise the authority to waive a claim under subsection (a) if—(1) in the Chief’s opinion, there exists in connection with the claim an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the officer, member, or employee involved or of any other person having an interest in obtaining a waiver of the claim; or (2) the Chief receives the application for the waiver after the expiration of the 3-year period that begins on the date on which the erroneous payment of pay or allowances was discovered. (d) Credit for waiverIn the audit and settlement of accounts of any accountable officer or official, full credit shall be given for any amounts with respect to which collection by the United States is waived under subsection (a). (e) Effect of waiverAn erroneous payment, the collection of which is waived under subsection (a), is deemed a valid payment for all purposes. (f) Construction with other lawsThis section does not affect any authority under any other law to litigate, settle, compromise, or waive any claim of the United States. (g) Rules and regulationsSubject to the approval of the Chief Administrative Officer of the House of Representatives and the Secretary of the Senate, the Chief shall promulgate rules and regulations to carry out this section. (h) Effective dateThis section shall apply with respect to payments of pay and allowances made at any time after the Chief became the disbursing officer for the United States Capitol Police pursuant to section 1907(a) of this title.

2 U.S.C. § 1941 Uniform

The Capitol Police Board shall select and regulate the pattern for a uniform for the Capitol police and watchmen, and furnish each member of the force with the necessary belts and arms, payable from appropriations to the Capitol Police upon certification of payment by the Chief of the Capitol Police. Such arms so furnished or other arms as authorized by the Capitol Police Board shall be carried by each officer and member of the Capitol Police, while in the Capitol Buildings (as defined in section 5101 of title 40), and while within or outside of the boundaries of the United States Capitol Grounds (as defined in section 5102 of title 40), in such manner and at such times as the Capitol Police Board may, by regulations, prescribe.

2 U.S.C. § 1942 Uniform to display United States flag or colors

(a) The uniform of officers and members of the United States Park Police force, the United States Secret Service Uniformed Division, the Capitol Police, and the Metropolitan Police force of the District of Columbia shall bear a distinctive patch, pin, or other emblem depicting the flag of the United States or the colors thereof. (b) The Secretary of the Interior in the case of the United States Park Police force, the Secretary of the Treasury in the case of the United States Secret Service Uniformed Division, the Capitol Police Board in the case of the Capitol Police, and the Mayor of the District of Columbia in the case of the Metropolitan Police force shall prescribe such regulations as may be necessary to carry out the purposes of this section.

2 U.S.C. § 1944 Wearing uniform on duty

The officers, privates, and watchmen of the Capitol police shall, when on duty, wear the regulation uniform.

2 U.S.C. § 1951 Establishment of United States Capitol Police Memorial Fund

There is hereby established in the Treasury of the United States the United States Capitol Police Memorial Fund (hereafter in this part referred to as the “Fund”). All amounts received by the Capitol Police Board which are designated for deposit into the Fund, including amounts received in response to the shooting incident at the practice for the Congressional Baseball Game for Charity on June 14, 2017, shall be deposited into the Fund.

2 U.S.C. § 1952 Payments from Fund for families of Detective Gibson and Private First Class Chestnut and certain other United States Capitol Police employees

(a) In generalExcept to the extent used or reserved for use under subsection (b) and subject to the regulations issued under section 1954 of this title, amounts in the Fund shall be paid to the families of Detective John Michael Gibson and Private First Class Jacob Joseph Chestnut of the United States Capitol Police as follows:(1) Fifty percent of such amounts shall be paid to the widow and children of Detective Gibson. (2) Fifty percent of such amounts shall be paid to the widow and children of Private First Class Chestnut. (b) Payments for employees killed in the line of duty or sustaining serious line-of-duty injuriesIn addition to the amounts paid under subsection (a), and in accordance with the regulations issued under section 1954(b) of this title, amounts in the Fund may be paid to—(1) families of employees of the United States Capitol Police who were killed in the line of duty; or (2) employees of the United States Capitol Police who have sustained serious line-of-duty injuries.

2 U.S.C. § 1953 Tax treatment of Fund

(a) Contributions to FundFor purposes of title 26, any contribution or gift to or for the use of the Fund shall be treated as a contribution or gift for exclusively public purposes to or for the use of an organization described in section 170(c)(1) of title 26. (b) Treatment of payments from FundAny payment from the Fund shall not be subject to any Federal, State, or local income or gift tax. (c) ExemptionFor purposes of title 26, notwithstanding section 501(c)(1)(A) of title 26, the Fund shall be treated as described in section 501(c)(1) of title 26 and exempt from tax under section 501(a) of title 26.

2 U.S.C. § 1954 Administration by Capitol Police Board

(a) In generalThe Capitol Police Board shall administer and manage the Fund (including establishing the timing and manner of making payments under section 1952 of this title) in accordance with regulations issued by the Board, subject to the approval of the Committee on Rules and Administration of the Senate and the Committee on House Oversight of the House of Representatives. Under such regulations, the Board shall pay any balance remaining in the Fund upon the expiration of the 6-month period which begins on August 7, 1998, to the families of Detective John Michael Gibson and Private First Class Jacob Joseph Chestnut in accordance with section 1952 of this title, and shall disburse any amounts in the Fund after the expiration of such period in such manner as the Board may establish. Under such regulations, and using amounts in the Fund, a financial adviser or trustee, as appropriate, for the families of Detective John Michael Gibson and Private First Class Jacob Joseph Chestnut of the United States Capitol Police shall be appointed to advise the families respecting disbursements to them of amounts in the Fund. (b) Regulations governing payments for employees killed in the line of duty or sustaining serious line-of-duty injuriesIn carrying out subsection (a), the Capitol Police Board shall issue specific regulations governing the use of the Fund for making payments to families of employees of the United States Capitol Police who were killed in the line of duty and employees of the United States Capitol Police who have sustained serious line-of-duty injuries (as authorized under section 1952(b) of this title), including regulations—(1) establishing the conditions under which the family of an employee or an employee is eligible to receive such a payment; (2) providing for the amount, timing, and manner of such payments; and (3) ensuring that any such payment is in addition to, and does not otherwise affect, any other form of compensation payable to the family of an employee or the employee, including benefits for workers’ compensation under chapter 81 of title 5.

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