SUBCHAPTER I—ORGANIZATION AND ADMINISTRATION
Part A—General
§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.
(R.S. §1821; Apr. 28, 1902, ch. 594,
Editorial Notes
Codification
Section was classified to section 206 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Section was a composite of provisions of R.S. §1821, act Apr. 28, 1902, and act June 28, 1943, cited in the credits. Provisions from act Apr. 28, 1902, and act June 28, 1943, were repealed by
R.S. §1821 derived from acts Mar. 2, 1867, ch. 167, §2,
Amendments
2010—
2003—
1979—
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
"(1)
"(2)
Effective Date of 2003 Amendment
Amendment by
Effective Date of 1979 Amendment
Short Title of 2021 Amendment
Short Title of 2017 Amendment
Short Title of 2010 Amendment
Short Title of 2008 Amendment
Short Title of 2007 Amendment
Designation of Capitol Police Wellness Program
"(a)
"(b)
Capitol Police Board
Transfer of Library of Congress Police to Capitol Police
"SEC. 2. TRANSFER OF PERSONNEL.
"(a)
"(1)
"(2)
"(b)
"(1)
"(A)
"(i) Based on the assumption that such employee would perform a period of continuous Federal service after the transfer date, the employee would be entitled to an annuity for immediate retirement under
"(ii) During the transition period, the employee successfully completes training, as determined by the Chief of the Capitol Police.
"(iii) The employee meets the qualifications required to be a member of the Capitol Police, as determined by the Chief of the Capitol Police.
"(B)
"(C)
"(D)
"(2)
"(A) the date on which the individual is entitled to an annuity for immediate retirement under
"(B) the date on which the individual—
"(i) is 57 years of age or older; and
"(ii) is entitled to an annuity for immediate retirement under
"(3)
"(A)
"(B)
"(i) shall be treated and computed as employee service under section 8339 or section 8415 of such title; but
"(ii) shall not be treated as service as a member of the Capitol Police or service as a congressional employee for purposes of applying any formula under section 8339(b), 8339(q), 8415(c), or 8415(d) of such title under which a percentage of the individual's average pay is multiplied by the years (or other period) of such service.
"(c)
"(1)
"(2)
"(d)
"(1)
"(2)
"(3)
"(e)
"(1)
"(2)
"(f)
"(1) terminate the employment of a member of the Capitol Police or a civilian employee of the Capitol Police; or
"(2) transfer any individual serving as a member of the Capitol Police or a civilian employee of the Capitol Police to another position with the Capitol Police.
"(g)
"(1) in the case of a Library of Congress Police employee who becomes a member of the Capitol Police, the first day of the first pay period applicable to members of the United States Capitol Police which begins after the date on which the Chief of the Capitol Police issues the written certification for the employee under subsection (b)(1);
"(2) in the case of a Library of Congress Police employee who becomes a civilian employee of the Capitol Police, the first day of the first pay period applicable to employees of the United States Capitol Police which begins after September 30, 2009; or
"(3) in the case of a Library of Congress Police civilian employee, the first day of the first pay period applicable to employees of the United States Capitol Police which begins after September 30, 2008.
"(h)
"SEC. 3. TRANSITION PROVISIONS.
"(a)
"(1)
"(A) the assets, liabilities, contracts, property, and records associated with the employee shall be transferred to the Capitol Police; and
"(B) the unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the employee shall be transferred to and made available under the appropriations accounts for the Capitol Police for 'Salaries' and 'General Expenses', as applicable.
"(2)
"(b)
"(1)
"(A) The individual may not initiate any procedure which is available for the consideration of the alleged violation of the covered law which is provided for employees of the Library of Congress under the covered law.
"(B) To the extent that the individual has initiated any such procedure prior to the transfer date, the procedure shall terminate and have no legal effect.
"(C) Subject to paragraph (2), the individual may initiate and participate in any procedure which is available for the resolution of grievances of officers and employees of the Capitol Police under the Congressional Accountability Act of 1995 (
"(2)
"(A) the date of the alleged violation shall be the individual's transfer date;
"(B) notwithstanding the third sentence of section 402(a) of such Act (
"(C) the employing office of the individual at the time of the alleged violation shall be the Capitol Police Board.
"(3)
"(4)
"(c)
"(d)
"(1) the provisions of this Act; and
"(2) such modifications as may be made in accordance with the modification and dispute resolution provisions of the Memorandum of Understanding, consistent with the provisions of this Act.
"(e)
"(1) terminate the employment of a Library of Congress Police employee or Library of Congress Police civilian employee; or
"(2) transfer any individual serving in a Library of Congress Police employee position or Library of Congress Police civilian employee position to another position at the Library of Congress.
"SEC. 8. DEFINITIONS.
"In this Act [see Short Title of 2008 Amendment note set out above]—
"(1) the term 'Act of August 4, 1950' means the Act entitled 'An Act relating to the policing of the buildings and grounds of the Library of Congress,' (
"(2) the term 'Library of Congress Police employee' means an employee of the Library of Congress designated as police under the first section of the Act of August 4, 1950 (
"(3) the term 'Library of Congress Police civilian employee' means an employee of the Library of Congress Office of Security and Emergency Preparedness who provides direct administrative support to, and is supervised by, the Library of Congress Police, but shall not include an employee of the Library of Congress who performs emergency preparedness or collections control and preservation functions; and
"(4) the term 'transition period' means the period the first day of which is the date of the enactment of this Act [Jan. 7, 2008] and the final day of which is September 30, 2009."
Similar provisions were contained in
Long Term Strategic Plan
"(a)
"(1)
"(2)
"(3)
"(b)
"(1)
"(2)
"(3)
"(c)
Compensation of Assistant Chief of Capitol Police
Selection of Privates
Similar provisions as to the selection of privates were contained in the following acts:
June 8, 1942, ch. 396,
July 1, 1941, ch. 268,
June 18, 1940, ch. 396,
June 16, 1939, ch. 208,
May 17, 1938, ch. 236,
May 18, 1937, ch. 223,
Apr. 17, 1936, ch. 233,
July 8, 1935, ch. 374,
May 30, 1934, ch. 372,
Feb. 28, 1933, ch. 134,
June 30, 1932, ch. 314,
Feb. 20, 1931, ch. 234,
June 6, 1930, ch. 407,
Feb. 28, 1929, ch. 367,
May 14, 1928, ch. 551,
Feb. 23, 1927, ch. 168,
May 13, 1926, ch. 294,
Mar. 4, 1925, ch. 549,
June 7, 1924, ch. 303,
Feb. 20, 1923, ch. 98,
Mar. 20, 1922, ch. 103,
Capitol Police Civilian Support Positions With Respect to the House of Representatives
House Resolution No. 199, One Hundred Second Congress, Aug. 1, 1991, made permanent law
Director of Employment Practices Under Capitol Police Board
House Resolution No. 420, One Hundred First Congress, June 26, 1990, made permanent law
General Counsel to Chief of Capitol Police
House Resolution No. 661, Ninety-fifth Congress, July 29, 1977, made permanent law
§1901a. Capitol Police Board
(a) Capitol Police Board; composition; redefining mission
(1) Purpose
The 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) Composition
The 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 report
Not 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) Establishment
There 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) Appointment
The 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) Duties
The 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 processes
The 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) Meetings
The 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 General
Upon request, the Comptroller General shall provide assistance to the Capitol Police Board in carrying out its responsibilities under this subsection.1
(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.
(
Editorial Notes
Codification
Section was formerly set out as a note under
1 So in original. Probably should be "this section."
§1901b. Joint oversight hearings
(a) In General
The 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) Timing
The 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.
(
§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
(
Editorial Notes
Codification
Section was classified to section 206–1 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Amendments
2022—Subsec. (c).
2019—
2003—
2002—
2000—
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Amendment by
Effective Date of 2019 Amendment
Amendment by
Effective Date of 2003 Amendment
Effective Date of 2002 Amendment
Effective Date of 2000 Amendment
Effective Date
Section effective Feb. 1, 1980, see section 7 of
§1903. Chief Administrative Officer
(a) Chief Administrative Officer
(1) Establishment
There 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) Appointment
The 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) Compensation
The 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) Responsibilities
The Chief Administrative Officer shall have the following areas of responsibility:
(1) Budgeting
The 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 management
The 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 1 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 technology
The 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 resources
The 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.
(
Editorial Notes
Codification
Section was classified to section 206a–9 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Amendments
2010—Subsec. (a).
Subsec. (c).
Subsecs. (d) to (g).
2005—Subsec. (b)(2)(D).
2004—Subsec. (a)(5).
2003—Subsec. (a)(4).
2001—Subsec. (a)(4).
2000—
Statutory Notes and Related Subsidiaries
Effective Date of 2005 Amendment
Amendment by
Effective Date of 2003 Amendment
Amendment by
Effective Date of 2001 Amendment
Effective Date of 2000 Amendment
Construction of 2010 Amendment
1 So in original. Probably should not be capitalized.
§1904. Certifying officers
(a) Appointment of certifying officers of the Capitol Police
The 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 general
Each 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 General
The 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 liability
The 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.
(
Editorial Notes
Codification
Section was classified to section 207d of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Amendments
2010—Subsecs. (a), (b)(1).
§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.
(
Editorial Notes
Codification
Section was classified to section 207e of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Section is from the Supplemental Appropriations Act, 2001.
Amendments
2015—Subsec. (a)(1).
Subsec. (a)(2).
2010—Subsec. (a)(1).
Subsec. (a)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Effective Date of 2010 Amendment
§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.
(
Editorial Notes
Codification
Section was formerly classified to
Section is from the Supplemental Appropriations Act, 1977.
Amendments
2003—
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment
Amendment by
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Federal Law Enforcement Training Center of the Department of the Treasury to the Secretary of Homeland Security, and for treatment of related references, see
§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
(b) This section shall apply with respect to fiscal year 2022 and each fiscal year thereafter.
(
§1906. Disposal of surplus property
(a) In general
Within 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 received
Any 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 date
This section shall apply to fiscal year 2003 and each fiscal year thereafter.
(
Editorial Notes
Codification
Section is from the Legislative Branch Appropriations Act, 2003, which is div. H of
Amendments
2017—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2017 Amendment
§1907. Transfer of disbursing function
(a) In general
(1) Disbursing officer
The 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) Transfer
Any 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 transition
Until 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 general
There 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 transition
Until 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 expenses
There 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 general
The 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 authority
Any 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 balances
Except 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 general
The 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 terminations
The 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 approval
The 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) Benefits
Employees 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 general
The 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 provisions
All provisions of law inconsistent with this section are hereby superseded to the extent of the inconsistency.
(h) Omitted
(i) Effective date
This 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.
(
Editorial Notes
References in Text
For the amendments made by this section, referred to in subsec. (i), see Codification note below.
Codification
Section is comprised of section 1018 of div. H of
Section is from the Legislative Branch Appropriations Act, 2003, which is div. H of
Amendments
2014—
2010—Subsec. (e)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 2014 Amendment
§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.
(
§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
(
Statutory Notes and Related Subsidiaries
Effective Date
Section applicable with respect to appropriations for fiscal year 2014 and each fiscal year thereafter, see section 1002(c) of
§1908. Legal representation authority
(a) In general
(1) Authorization of representation
Any 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) Counsel
Paragraph (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 appearance
Entrance of appearance authorized under subsection (a) shall be subject to the direction of the Capitol Police Board.
(2) United States Supreme Court
The 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 date
This section shall apply to fiscal year 2004, and each fiscal year thereafter.
(
Editorial Notes
Codification
Section is from the Legislative Branch Appropriations Act, 2004.
Amendments
2010—Subsec. (a)(2)(A).
Subsec. (a)(2)(B).
Statutory Notes and Related Subsidiaries
Construction of 2010 Amendment
§1909. Inspector General for the United States Capitol Police
(a) Establishment of Office
There 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) Appointment
The 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 service
The 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) Removal
The 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) Salary
The 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) Deadline
The 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 establishment
The 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
(2) Semiannual reports
The 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) Authority
The 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) Nondisclosure
The 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 retaliation
An 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 duties
Neither 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 general
The 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
(2) Staff
(A) In general
The 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
(B) Experts and consultants
The Inspector General may procure temporary and intermittent services under
(C) Independence in appointing staff
No 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 rules
None 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 supplies
The 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) Transfer
To 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 benefits
The 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 date
This section shall be effective on August 2, 2005.
(
Editorial Notes
References in Text
The provisions of title 5 regarding appointments in the competitive service, referred to in subsec. (d)(2)(A), are classified generally to
Codification
Section is comprised of section 1004 of
Section is from the Legislative Branch Appropriations Act, 2006.
Amendments
2022—Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (d)(1).
Statutory Notes and Related Subsidiaries
Change of Name
"Government Publishing Office" substituted for "Government Printing Office" in subsec. (b)(1) on authority of section 1301(b) of
§1910. Report of disbursements
(a) In general
Not 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) Contents
The 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) Printing
Each report under this section shall be printed as a House document.
(d) Effective date
This 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.
(
Editorial Notes
Codification
Section is from the Legislative Branch Appropriations Act, 2006.
§1911. General Counsel to the Chief of Police and the United States Capitol Police
(1) In general
There 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) Appointment
The General Counsel shall be appointed by the Chief of the Capitol Police in accordance with
(3) Compensation
(A) In general
Subject to subparagraph (B), the annual rate of pay for the General Counsel shall be fixed by the Chief of the Capitol Police.
(B) Limitation
The 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 Counsel
Nothing 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.
(
Editorial Notes
References in Text
Section 2(a)(4), referred to in par. (2), means section 2(a)(4) of
For the amendments made by this section, referred to in par. (5), see Codification note below.
Codification
Section is comprised of subsec. (a) of section 3 of
1 See References in Text note below.
§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)
(
Part B—Compensation and Other Personnel Matters
§1921. Repealed. Pub. L. 108–7, div. H, title I, §1018(h)(2), Feb. 20, 2003, 117 Stat. 369
Section, R.S. §1822, provided that Capitol Police would be paid on the order of the Sergeant at Arms of the Senate or the House.
Editorial Notes
Codification
Section was classified to section 207 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Feb. 20, 2003, and applicable to fiscal year 2003 and each fiscal year thereafter, see
§1921a. Sole and exclusive authority of Board and Chief to determine rates of pay
(a) In general
The 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 permitted
The determination of a rate or amount described in subsection (a) may not be subject to review or appeal in any manner.
(c) Rule of construction
Nothing 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 date
This section shall apply with respect to fiscal year 2005 and each succeeding fiscal year.
(
Editorial Notes
Codification
Section is from the Legislative Branch Appropriations Act, 2005, which is div. G of the Consolidated Appropriations Act, 2005.
§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.
(July 31, 1946, ch. 707, §9C, as added
Editorial Notes
Codification
Section was classified to section 207a of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Amendments
1996—
Statutory Notes and Related Subsidiaries
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.
Effective Date
[
§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 (
(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.
(
Editorial Notes
References in Text
The Family and Medical Leave Act of 1993, referred to in subsec. (b)(1)(D), is
Codification
Section was classified to section 207b of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Statutory Notes and Related Subsidiaries
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.
§1924. Repealed. Pub. L. 111–145, §5(a)(2)(A), Mar. 4, 2010, 124 Stat. 53
Section,
Editorial Notes
Codification
Section was classified to section 206b of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Subsecs. (a) to (f) of this section were based on section 3 of H. Res. No. 449, Ninety-second Congress, June 2, 1971, enacted into permanent law by
Subsec. (g) of this section was based on section 3 of H. Res. No. 1309, Ninety-third Congress, Oct. 10, 1974, eff. Dec. 27, 1974, enacted into permanent law by
As originally codified, this section consisted of two undesignated pars. based on sections 3 and 5 of H. Res. No. 449, Ninety-second Congress, June 2, 1971, enacted into permanent law by
§1925. Repealed. Pub. L. 111–145, §5(a)(2)(B), Mar. 4, 2010, 124 Stat. 53
Section,
Editorial Notes
Codification
Section was classified to section 206c of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
§1926. Educational assistance program for employees
(a) Establishment
In 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 program
In carrying out subsection (a)(1), the Chief of the Capitol Police may, by regulation, make applicable such provisions of
(2) Restrictions on prior reimbursements
The 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 amounts
Any 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 payments
The 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 determinations
Any determination made under the program under this section shall not be reviewable or appealable in any manner.
(e) Effective date
This section shall apply with respect to fiscal year 2003 and each succeeding fiscal year.
(
Editorial Notes
Codification
Section was classified to section 207b–1 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Amendments
2020—Subsec. (c).
2019—Subsec. (c).
2003—
Statutory Notes and Related Subsidiaries
Deadline for Regulations
§1927. Bonuses, retention allowances, and additional compensation
(a) Recruitment and relocation bonuses
(1) Authorization of payment
The 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 payment
The 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 required
Payment 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 pay
A 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 duty
Under 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 reviewable
Any determination of the Chief under this subsection shall not be appealable or reviewable in any manner.
(b) Retention allowances
(1) Authorization of payment
The 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 payment
A 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 pay
A 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
(4) Time and manner of payment
A 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 general
The 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 pay
A 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 officers
Upon 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 general
The 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 date
This section shall apply with respect to fiscal year 2002 and each succeeding fiscal year.
(
Editorial Notes
Codification
Section was classified to section 207b–2 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Amendments
2003—Subsec. (a)(1).
Subsec. (a)(6).
Subsec. (b)(1).
"(A) the unusually high or unique qualifications of the officer or employee or a special need of the Capitol Police for the officer's or employee's services makes it essential to retain the officer or employee; and
"(B) the Chief determines that the officer or employee would be likely to leave in the absence of a retention allowance."
Subsec. (b)(3).
Subsec. (e).
Subsec. (f).
Subsec. (f)(2).
Subsec. (g).
Statutory Notes and Related Subsidiaries
Capitol Police Longevity Compensation
[
[
§1928. Repealed. Pub. L. 111–145, §2(a)(4)(B)(i), Mar. 4, 2010, 124 Stat. 50
Section, R.S. §1823; Mar. 3, 1921, ch. 124, §1,
Editorial Notes
Codification
Section was classified to section 208 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
R.S. §1823 derived from acts Mar. 3, 1873, ch. 226,
§1929. Repealed. Pub. L. 111–145, §2(a)(4)(B)(ii), Mar. 4, 2010, 124 Stat. 50
Section, Mar. 3, 1875, ch. 129,
Editorial Notes
Codification
Section was classified to section 209 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Section was based on a proviso in act Mar. 3, 1875, popularly known as the "Legislature, Executive, and Judicial Appropriation Act, fiscal year 1876".
§1930. Applicable pay rate upon appointment
(a) In general
Notwithstanding 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 date
This section shall apply to fiscal year 2003 and each fiscal year thereafter.
(
Editorial Notes
Codification
Section is from the Legislative Branch Appropriations Act, 2003, which is div. H of
§1931. Additional compensation for employees with specialty assignments and proficiencies
(a) Establishment of positions
The 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 compensation
In 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 payment
The 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 reviewable
Any determination under section 1 (a) shall not be appealable or reviewable in any manner.
(
Editorial Notes
References in Text
Level II of the Executive Schedule, referred to in subsec. (b)(2), is set out in
Codification
Section is from the Legislative Branch Appropriations Act, 2003, which is div. H of
1 So in original. Probably should be "subsection".
§1932. Application of premium pay limits on annualized basis
(a) In general
Any 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 date
Subsection (a) shall apply with respect to hours of duty occurring on or after September 11, 2001.
(
Editorial Notes
Codification
Section is from the Legislative Branch Appropriations Act, 2003, which is div. H of
§1933. Clarification of authorities regarding certain personnel benefits
(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
(2) Omitted
(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 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 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
(B) whose annual rate of pay is not established specifically under any law.
(3) Conforming amendment
(A) Omitted
(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 March 4, 2010.
(
Editorial Notes
References in Text
The Legislative Branch Appropriations Act, 2003, referred to in subsec. (b)(3)(B), is div. H of
Codification
Section is comprised of section 5 of
§1934. Waiver by Chief of Capitol Police of claims arising out of erroneous payments to officers and employees
(a) Waiver of claim
Subject 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; report
The 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 circumstances
The 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 waiver
In 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 waiver
An erroneous payment, the collection of which is waived under subsection (a), is deemed a valid payment for all purposes.
(f) Construction with other laws
This 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 regulations
Subject 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 date
This 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
(
Editorial Notes
Codification
Section is from the Legislative Branch Appropriations Act, 2012, which is div. G of the Consolidated Appropriations Act, 2012.
Part C—Uniform and Arms
§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
(R.S. §1824;
Editorial Notes
Codification
Section was classified to section 210 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
R.S. §1824 derived from act Mar. 30, 1867, ch. 20, §1,
Amendments
2004—
1977—
1972—
§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.
(
Editorial Notes
Codification
Section was classified to section 210a of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Amendments
1977—
Statutory Notes and Related Subsidiaries
Transfer of Functions
Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by
§1943. Repealed. Pub. L. 111–145, §6(b), Mar. 4, 2010, 124 Stat. 54
Section, R.S. §1825, required members of the Capitol police to pay for their own uniforms.
Editorial Notes
Codification
Section was classified to section 211 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
R.S. §1825 derived from act July 20, 1868, ch. 176, §1,
§1944. Wearing uniform on duty
The officers, privates, and watchmen of the Capitol police shall, when on duty, wear the regulation uniform.
(Mar. 18, 1904, ch. 716, §1,
Editorial Notes
Codification
Section was classified to section 212 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
The text of this section was taken from act Mar. 18, 1904, popularly known as the "Legislative, Executive and Judicial Appropriation Act for the fiscal year ending June 30, 1905". Similar provisions were contained in the following prior appropriation acts:
Feb. 25, 1903, ch. 755, §1,
Mar. 3, 1901, ch. 830, §1,
Part D—United States Capitol Police Memorial Fund
§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.
(
Editorial Notes
Codification
Section was classified to section 207c of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Amendments
2017—
§1952. Payments from Fund for families of Detective Gibson and Private First Class Chestnut and certain other United States Capitol Police employees
(a) In general
Except to the extent used or reserved for use under subsection (b) and subject to the regulations issued under
(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 injuries
In addition to the amounts paid under subsection (a), and in accordance with the regulations issued under
(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.
(
Editorial Notes
Codification
Section was classified to section 207c–1 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Amendments
2017—
§1953. Tax treatment of Fund
(a) Contributions to Fund
For 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
(b) Treatment of payments from Fund
Any payment from the Fund shall not be subject to any Federal, State, or local income or gift tax.
(c) Exemption
For purposes of title 26, notwithstanding
(
Editorial Notes
Codification
Section was classified to section 207c–2 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
§1954. Administration by Capitol Police Board
(a) In general
The Capitol Police Board shall administer and manage the Fund (including establishing the timing and manner of making payments under
(b) Regulations governing payments for employees killed in the line of duty or sustaining serious line-of-duty injuries
In 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
(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
(
Editorial Notes
Codification
Section was classified to section 207c–3 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Amendments
2017—
Statutory Notes and Related Subsidiaries
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.