Collapse to view only § 1908. Legal representation authority
- § 1901. Establishment; officer appointments
- § 1901a. Capitol Police Board
- § 1901b. Joint oversight hearings
- § 1902. Compensation of Chief
- § 1903. Chief Administrative Officer
- § 1904. Certifying officers
- § 1905. Deposit and use of reimbursements for law enforcement assistance
- § 1905a. Reimbursement for salaries paid for service at Federal Law Enforcement Training Center
- § 1905b. Notification of obligation
- § 1906. Disposal of surplus property
- § 1907. Transfer of disbursing function
- § 1907a. Authority to transfer amounts between salaries and general expenses
- § 1907b. Funds available for workers compensation payments
- § 1908. Legal representation authority
- § 1909. Inspector General for the United States Capitol Police
- § 1910. Report of disbursements
- § 1911. General Counsel to the Chief of Police and the United States Capitol Police
- § 1912. Volunteer chaplain services
§ 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, 32 Stat. 124; June 28, 1943, ch. 173, title I, 57 Stat. 230; Pub. L. 96–152, § 1(a), Dec. 20, 1979, 93 Stat. 1099; Pub. L. 108–7, div. H, title I, § 1018(h)(1), Feb. 20, 2003, 117 Stat. 368; Pub. L. 111–145, § 6(e)(1)–(3), Mar. 4, 2010, 124 Stat. 54, 55.)
§ 1901a. Capitol Police Board
(a) Capitol Police Board; composition; redefining mission
(1) Purpose
(2) Composition
(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
(2) Appointment
(3) Duties
(d) Documentation
(1) Functions and processes
(2) Meetings
(e) Assistance of Comptroller General
(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.
(Pub. L. 108–7, div. H, title I, § 1014, Feb. 20, 2003, 117 Stat. 361.)
§ 1901b. Joint oversight hearings
(a) In General
(b) Timing
(Pub. L. 117–77, § 3, Dec. 22, 2021, 135 Stat. 1523.)
§ 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.
(Pub. L. 96–152, § 1(c), Dec. 20, 1979, 93 Stat. 1099; Pub. L. 106–554, § 1(a)(2) [title I, § 109(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–107; Pub. L. 107–117, div. B, § 907(a), Jan. 10, 2002, 115 Stat. 2319; Pub. L. 108–7, div. H, title I, § 1013(a), Feb. 20, 2003, 117 Stat. 361; Pub. L. 116–94, div. E, title II, § 212(a)(3)(E), Dec. 20, 2019, 133 Stat. 2775; Pub. L. 117–103, div. I, title II, § 212(b), Mar. 15, 2022, 136 Stat. 526.)
§ 1903. Chief Administrative Officer
(a) Chief Administrative Officer
(1) Establishment
(2) Appointment
(3) Compensation
(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 1
1 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.
(Pub. L. 106–554, § 1(a)(2) [title I, § 108], Dec. 21, 2000, 114 Stat. 2763, 2763A–104; Pub. L. 106–346, § 101(a) [title V, § 507(a)], Oct. 23, 2000, 114 Stat. 1356, 1356A–55; Pub. L. 107–68, title I, § 122(a), Nov. 12, 2001, 115 Stat. 576; Pub. L. 108–7, div. H, title I, § 1013(c), Feb. 20, 2003, 117 Stat. 361; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 109–55, title I, § 1004(g), Aug. 2, 2005, 119 Stat. 575; Pub. L. 111–145, §§ 2(a)(1), (2), 6(a), Mar. 4, 2010, 124 Stat. 49, 54.)
§ 1904. Certifying officers
(a) Appointment of certifying officers of the 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
(Pub. L. 106–554, § 1(a)(2) [title I, § 107], Dec. 21, 2000, 114 Stat. 2763, 2763A–103; Pub. L. 111–145, § 2(a)(3), Mar. 4, 2010, 124 Stat. 49.)
§ 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 span “United States Capitol Police”, or “security enhancements” under the span “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.
(Pub. L. 107–20, title II, § 2802, July 24, 2001, 115 Stat. 184; Pub. L. 111–145, § 2(b)(1), Mar. 4, 2010, 124 Stat. 51; Pub. L. 114–113, div. I, title I, § 1001(a), (b), Dec. 18, 2015, 129 Stat. 2663.)
§ 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.
(Pub. L. 95–26, title I, § 111, May 4, 1977, 91 Stat. 87; Pub. L. 108–7, div. H, title I, § 1018(h)(3), Feb. 20, 2003, 117 Stat. 369.)
§ 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.
(Pub. L. 117–103, div. I, title I, § 120, Mar. 15, 2022, 136 Stat. 513.)
§ 1906. Disposal of surplus property
(a) In general
(b) Amounts received
(c) Effective date
(Pub. L. 108–7, div. H, title I, § 1003, Feb. 20, 2003, 117 Stat. 357; Pub. L. 115–31, div. I, title I, § 1001(a), May 5, 2017, 131 Stat. 578.)
§ 1907. Transfer of disbursing function
(a) In general
(1) Disbursing officer
(2) Transfer
(3) Continuity of function during transition
(b) Treasury accounts
(1) Salaries
(A) In general
(B) Transfer authority during transition
(2) General expenses
(c) Transfer of funds, assets, accounts, records, and authority
(1) In general
(2) Existing transfer authority
(d) Unexpended balances
(e) Hiring authority; eligibility for same benefits as House employees
(1) Authority
(A) In general
(B) Special rule for terminations
(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
(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
(2) Superseding provisions
(h) Omitted
(i) Effective date
(Pub. L. 108–7, div. H, title I, § 1018, Feb. 20, 2003, 117 Stat. 366; Pub. L. 111–145, § 2(a)(4)(A), Mar. 4, 2010, 124 Stat. 49; Pub. L. 113–76, div. I, title I, § 1002(b), Jan. 17, 2014, 128 Stat. 424.)
§ 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.
(Pub. L. 113–76, div. I, title I, § 1001, Jan. 17, 2014, 128 Stat. 424.)
§ 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.
(Pub. L. 113–76, div. I, title I, § 1002(a), Jan. 17, 2014, 128 Stat. 424.)
§ 1908. Legal representation authority
(a) In general
(1) Authorization of representation
(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
(2) United States Supreme Court
(c) Effective date
(Pub. L. 108–83, title I, § 1002, Sept. 30, 2003, 117 Stat. 1020; Pub. L. 111–145, §§ 3(b)(1), 4(a)(1), Mar. 4, 2010, 124 Stat. 52.)
§ 1909. Inspector General for the United States Capitol Police
(a) Establishment of Office
(b) Inspector General
(1) Appointment
(2) Term of service
(3) Removal
(4) Salary
(5) Deadline
(c) Duties
(1) Applicability of duties of Inspector General of executive branch establishment
(2) Semiannual reports
(3) Investigations of complaints of employees and members
(A) Authority
(B) Nondisclosure
(C) Prohibiting retaliation
(4) Independence in carrying out duties
(d) Powers
(1) In general
(2) Staff
(A) In general
(B) Experts and consultants
(C) Independence in appointing staff
(D) Applicability of Capitol Police personnel rules
(3) Equipment and supplies
(e) Transfer of functions
(1) Transfer
(2) No reduction in pay or benefits
(f) Effective date
(Pub. L. 109–55, title I, § 1004, Aug. 2, 2005, 119 Stat. 572; Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537; Pub. L. 117–286, § 4(b)(4), Dec. 27, 2022, 136 Stat. 4342.)
§ 1910. Report of disbursements
(a) In general
(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
(d) Effective date
(Pub. L. 109–55, title I, § 1005, Aug. 2, 2005, 119 Stat. 575.)
§ 1911. General Counsel to the Chief of Police and the United States Capitol Police
(1) In general
(2) Appointment
(3) Compensation
(A) In general
(B) Limitation
(4) Omitted
(5) No effect on current General Counsel
(Pub. L. 111–145, § 3(a), Mar. 4, 2010, 124 Stat. 51.)
§ 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.
(Pub. L. 117–328, div. I, title I, § 120, Dec. 29, 2022, 136 Stat. 4926.)