US (United States) Code. Title 2. Chapter 29: Capitol police

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Congress

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-CITE-

2 USC CHAPTER 29 - CAPITOL POLICE 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

.

-HEAD-

CHAPTER 29 - CAPITOL POLICE

-MISC1-

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

PART A - GENERAL

Sec.

1901. Establishment; officer appointments.

1902. Compensation of Chief.

1903. Chief Administrative Officer.

(a) In general.

(b) Responsibilities.

(c) Administrative provisions.

(d) Plan.

(e) Report.

(f) Submission to Committees.

(g) Termination of role.

1904. Certifying officers.

(a) Appointment of certifying officers of the Capitol

Police.

(b) Responsibility and accountability of certifying

officers.

(c) Enforcement of liability.

1905. Deposit and use of reimbursements for law enforcement

assistance.

PART B - COMPENSATION AND OTHER PERSONNEL MATTERS

1921. Payment of Capitol Police.

1922. Unified payroll administration.

1923. Unified schedules of rates of basic pay and leave system.

(a) Rates of basic pay.

(b) Leave system.

(c) Lump sum payments.

(d) Effect on appointment authority.

1924. Emergency duty overtime pay from funds disbursed by the Chief

Administrative Officer of the House of Representatives.

(a) Entitlement of officer or member.

(b) Determination of rate of compensation.

(c) Written election by officer for compensation or

compensatory time off for additional hours of

duty.

(d) Certification procedure for additional

compensation.

(e) Transfer of accrued compensatory time off or

receipt of lump-sum payment upon termination of

service.

(f) Definitions.

1925. Emergency duty overtime pay from funds disbursed by Secretary

of the Senate.

1926. Student loan repayment program.

(a) Establishment and maintenance of program.

(b) Applicability of other laws.

(c) Limitations on amount.

(d) Reimbursements.

(e) Crediting and use of funds repaid by, or

recovered from, an individual.

(f) Effective date.

1927. Bonuses, retention allowances, and additional compensation.

(a) Recruitment and relocation bonuses.

(b) Retention allowances.

(c) Lump sum incentive and merit bonus payments.

(d) Service step increases for meritorious service

for officers.

(e) Additional compensation for field training

officers.

(f) Regulations.

(g) Effective date.

1928. Suspension.

1929. Pay of members under suspension.

PART C - UNIFORM AND ARMS

1941. Uniform.

1942. Uniform to display United States flag or colors.

1943. Uniform; at whose expense.

1944. Wearing uniform on duty.

PART D - UNITED STATES CAPITOL POLICE MEMORIAL FUND

1951. Establishment of United States Capitol Police Memorial Fund.

1952. Payments from Fund for families of Detective Gibson and

Private First Class Chestnut.

1953. Tax treatment of Fund.

(a) Contributions to Fund.

(b) Treatment of payments from Fund.

(c) Exemption.

1954. Administration by Capitol Police Board.

SUBCHAPTER II - POWERS AND DUTIES

1961. Policing of Capitol Buildings and Grounds.

1962. Detail of police.

1963. Protection of grounds.

1964. Security systems for Capitol buildings and grounds.

(a) Design and installation.

(b) Transfer of responsibility to Capitol Police

Board.

(c) Transfer of positions to Capitol Police.

1965. Maintenance of security systems for Capitol buildings and

grounds.

1966. Protection of Members of Congress, officers of Congress, and

members of their families.

(a) Authority of the Capitol Police.

(b) Detail of police.

(c) Arrest of suspects.

(d) Fines and penalties.

(e) Construction of provisions.

(f) ''United States'' defined.

1967. Law enforcement authority.

(a) Scope.

(b) Area.

(c) Authority of Metropolitan Police unaffected.

(d) ''Crime of violence'' defined.

1968. Citation release.

(a) In general.

(b) Authority.

1969. Regulation of traffic by Capitol Police Board.

(a) Exclusive charge and control of all vehicular and

other traffic.

(b) Promulgation of regulations.

(c) Printing of regulations and effective dates.

(d) Cooperation with Mayor of District of Columbia.

1970. Assistance by Executive departments and agencies.

(a) Assistance.

(b) Reports.

(c) Effective date.

1971. Contributions of meals and refreshments during emergency

duty.

1972. Contributions of comfort and other incidental items and

services during emergency duty.

1973. Support and maintenance expenditures during emergency duty.

-CITE-

2 USC SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

.

-HEAD-

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

-CITE-

2 USC Part A - General 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

Part A - General

.

-HEAD-

Part A - General

-CITE-

2 USC Sec. 1901 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

Part A - General

-HEAD-

Sec. 1901. Establishment; officer appointments

-STATUTE-

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 captain and lieutenants shall be selected

jointly by the Sergeant at Arms of the Senate and the Sergeant at

Arms of the House of Representatives; and one-half of the privates

shall be selected by the Sergeant at Arms of the Senate and

one-half by the Sergeant at Arms of the House of Representatives.

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.

-SOURCE-

(R.S. Sec. 1821; Apr. 28, 1902, ch. 594, 32 Stat. 124; June 28,

1943, ch. 173, title I, 57 Stat. 230; Pub. L. 96-152, Sec. 1(a),

Dec. 20, 1979, 93 Stat. 1099.)

-COD-

CODIFICATION

Section was classified to section 206 of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

Section is a composite of provisions of R.S. Sec. 1821, act Apr.

28, 1902, and act June 28, 1943, cited in the credits.

R.S. Sec. 1821 derived from acts Mar. 2, 1867, ch. 167, Sec. 2,

14 Stat. 466; Mar. 3, 1873, ch. 226, 17 Stat. 488.

-MISC3-

AMENDMENTS

1979 - Pub. L. 96-152 inserted last sentence providing that the

Capitol Police be headed by a Chief who shall be appointed by the

Capitol Police Board and who shall serve at the pleasure of the

Board.

EFFECTIVE DATE OF 1979 AMENDMENT

Pub. L. 96-152, Sec. 7, Dec. 20, 1979, 93 Stat. 1100, provided

that: ''This Act (enacting section 1902 of this title and amending

this section) shall take effect on the first day of the second

month after the month in which this Act is enacted (Dec. 1979).''

COMPENSATION OF ASSISTANT CHIEF OF CAPITOL POLICE

Pub. L. 107-117, div. B, Sec. 907(b), Jan. 10, 2002, 115 Stat.

2319, provided that: ''The Assistant Chief of the Capitol Police

shall receive compensation at a rate determined by the Capitol

Police Board, but not to exceed $1,000 less than the annual salary

for the chief of the United States Capitol Police.''

SELECTION OF PRIVATES

Similar provisions as to the selection of privates were contained

in the following acts:

June 8, 1942, ch. 396, 56 Stat. 340.

July 1, 1941, ch. 268, 55 Stat. 456.

June 18, 1940, ch. 396, 54 Stat. 471.

June 16, 1939, ch. 208, 53 Stat. 831.

May 17, 1938, ch. 236, 52 Stat. 389.

May 18, 1937, ch. 223, 50 Stat. 178.

Apr. 17, 1936, ch. 233, 49 Stat. 1223.

July 8, 1935, ch. 374, 49 Stat. 468.

May 30, 1934, ch. 372, 48 Stat. 826.

Feb. 28, 1933, ch. 134, 47 Stat. 1359.

June 30, 1932, ch. 314, 47 Stat. 390.

Feb. 20, 1931, ch. 234, 46 Stat. 1182.

June 6, 1930, ch. 407, 46 Stat. 512.

Feb. 28, 1929, ch. 367, 45 Stat. 1394.

May 14, 1928, ch. 551, 45 Stat. 524.

Feb. 23, 1927, ch. 168, 44 Stat. 1154.

May 13, 1926, ch. 294, 44 Stat. 545.

Mar. 4, 1925, ch. 549, 43 Stat. 1294.

June 7, 1924, ch. 303, 43 Stat. 586.

Feb. 20, 1923, ch. 98, 42 Stat. 1272.

Mar. 20, 1922, ch. 103, 42 Stat. 429.

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 Pub. L. 102-392, title I, Sec. 102, Oct.

6, 1992, 106 Stat. 1710, and amended by Pub. L. 104-186, title II,

Sec. 221(9)(B), Aug. 20, 1996, 110 Stat. 1749, authorized Committee

on House Oversight (now Committee on House Administration) of the

House of Representatives to establish 114 civilian support

positions for the Capitol Police, provided for functions,

compensation, and classification of positions, provided procedures

for appointments to positions and that as each position was filled

there would be abolished one position of private on Capitol Police,

provided that positions would be filled by individuals in Capitol

Police positions so abolished, that all positions would be filled

by the end of the One Hundred Second Congress, and that at least 50

of such positions would be filled not later than the end of the

first session of such Congress, and authorized Committee on House

Oversight (now Committee on House Administration) to prescribe

regulations to carry out this provision.

DIRECTOR OF EMPLOYMENT PRACTICES UNDER CAPITOL POLICE BOARD

House Resolution No. 420, One Hundred First Congress, June 26,

1990, made permanent law Pub. L. 101-520, title I, Sec. 105, Nov.

5, 1990, 104 Stat. 2262, and amended by Pub. L. 104-186, title II,

Sec. 221(9)(C), Aug. 20, 1996, 110 Stat. 1749, established the

position of Director of Employment Practices with respect to

members of the Capitol Police, at the appropriate rate of pay under

level HS-11 of the House Employees Schedule, with payment from

amounts appropriated for the Capitol Police, such appointment to be

made by the Capitol Police Board, subject to prior approval of the

Committee on House Oversight (now Committee on House

Administration), without regard to political affiliation and solely

on basis of fitness to perform functions of the position.

GENERAL COUNSEL TO CHIEF OF CAPITOL POLICE

House Resolution No. 661, Ninety-fifth Congress, July 29, 1977,

made permanent law Pub. L. 95-391, title I, Sec. 111, Sept. 30,

1978, 92 Stat. 777, and amended by Pub. L. 104-186, title II, Sec.

221(9)(A), Aug. 20, 1996, 110 Stat. 1749, established the position

of General Counsel to the Chief of the Capitol Police, for duty

under the House of Representatives, at a per annum gross rate of

compensation which is equal to the rate in effect from time to time

for HS level 10, step 1, of the House Employees Schedule, such

appointment to be made by the Capitol Police Board, subject to the

prior approval of the Committee on House Oversight (now Committee

on House Administration), without regard to political affiliation

and solely on the basis of fitness to perform the duties of the

position.

-CITE-

2 USC Sec. 1902 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

Part A - General

-HEAD-

Sec. 1902. Compensation of Chief

-STATUTE-

The Chief of the Capitol Police shall receive compensation at a

rate determined by the Capitol Police Board, but not to exceed

$2,500 less than the lesser of the annual salary for the Sergeant

at Arms of the House of Representatives or the annual salary for

the Sergeant at Arms and Doorkeeper of the Senate.

-SOURCE-

(Pub. L. 96-152, Sec. 1(c), Dec. 20, 1979, 93 Stat. 1099; Pub. L.

106-554, Sec. 1(a)(2) (title I, Sec. 109(a)), Dec. 21, 2000, 114

Stat. 2763, 2763A-107; Pub. L. 107-117, div. B, Sec. 907(a), Jan.

10, 2002, 115 Stat. 2319.)

-COD-

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 Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-MISC3-

AMENDMENTS

2002 - Pub. L. 107-117 substituted ''but not to exceed $2,500

less than the lesser of the annual salary for the Sergeant at Arms

of the House of Representatives or the annual salary for the

Sergeant at Arms and Doorkeeper of the Senate'' for ''but not to

exceed the rate of basic pay payable for level ES-4 of the Senior

Executive Service, as established under subchapter VIII of chapter

53 of title 5 (taking into account any comparability payments made

under section 5304(h) of such title)''.

2000 - Pub. L. 106-554 substituted ''the rate of basic pay

payable for level ES-4 of the Senior Executive Service, as

established under subchapter VIII of chapter 53 of title 5 (taking

into account any comparability payments made under section 5304(h)

of such title)'' for ''the annual rate of basic pay payable for

level IV of the Executive Schedule under section 5315 of title 5''.

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-117, div. B, Sec. 907(c), Jan. 10, 2002, 115 Stat.

2319, provided that: ''This section (amending this section and

enacting provisions set out as a note under section 1901 of this

title) and the amendment made by this section shall apply with

respect to pay periods beginning on or after the date of the

enactment of this Act (Jan. 10, 2002).''

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-554, Sec. 1(a)(2) (title I, Sec. 109(b)), Dec. 21,

2000, 114 Stat. 2763, 2763A-107, provided that: ''The amendment

made by subsection (a) (amending this section) shall apply with

respect to pay periods beginning on or after the date of the

enactment of this Act (Dec. 21, 2000).''

EFFECTIVE DATE

Section effective Feb. 1, 1980, see section 7 of Pub. L. 96-152,

set out as an Effective Date of 1979 Amendment note under section

1901 of this title.

-CITE-

2 USC Sec. 1903 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

Part A - General

-HEAD-

Sec. 1903. Chief Administrative Officer

-STATUTE-

(a) In general

There shall be within the Capitol Police an Office of

Administration to be headed by a Chief Administrative Officer as

follows:

(1) Not later than 60 days after December 21, 2000, the Chief

Administrative Officer shall be appointed by the Chief of the

Capitol Police after consultation with the Capitol Police Board

and the Comptroller General, and shall report to and serve at the

pleasure of the Chief of the Capitol Police.

(2) The Comptroller General shall evaluate the performance of

the Chief Administrative Officer in carrying out the duties and

responsibilities of the Office of Administration as outlined in

this section. The Comptroller General shall meet with the Chief

of the Capitol Police and the Capitol Police Board at least

quarterly to provide an analysis of the performance of the Chief

Administrative Officer. The Comptroller General shall report the

results of the evaluation to the Chief of the Capitol Police, the

Capitol Police Board, the Committees on Appropriations of the

House of Representatives and Senate, the Committee on House

Administration of the House of Representatives, and the Committee

on Rules and Administration of the Senate.

(3) The Chief of the Capitol Police shall appoint as Chief

Administrative Officer an individual with the knowledge and

skills necessary to carry out the responsibilities for budgeting,

financial management, information technology, and human resource

management described in this section.

(4) The Chief Administrative Officer shall receive basic pay at

a rate determined by the Chief of the Capitol Police, but not to

exceed $1,000 less than the annual rate of pay for the Chief of

the Capitol Police.

(5) The Capitol Police shall reimburse from available

appropriations any costs incurred by the Comptroller General

under this section, which shall be deposited to the appropriation

of the General Accounting Office then available and remain

available until expended.

(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) shall prepare annual financial statements for the Capitol

Police and provide for an annual audit of the financial

statements by an independent public accountant in accordance

with generally accepted government auditing standards.

(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.

(c) Administrative provisions

(1) Personnel

The Chief Administrative Officer is authorized to select,

appoint, employ, and discharge such officers and employees as may

be necessary to carry out the functions, powers, and duties of

the Office of Administration, but shall not have the authority to

hire or discharge uniformed and operational police force

personnel.

(2) Resources of other agencies

The Chief Administrative Officer may utilize resources of

another agency on a reimbursable basis to be paid from available

appropriations of the Capitol Police.

(d) Plan

No later than 180 days after appointment, the Chief

Administrative Officer shall prepare and submit to Chief of the

Capitol Police, the Capitol Police Board, and the Comptroller

General, a plan -

(1) describing the policies, procedures, and actions the Chief

Administrative Officer will take in carrying out the

responsibilities assigned under this section;

(2) identifying and defining responsibilities and roles of all

offices, bureaus, and divisions of the Capitol Police for

budgeting, financial management, information technology, and

human resources management; and

(3) detailing mechanisms for ensuring that the offices,

bureaus, and divisions perform their responsibilities and roles

in a coordinated and integrated manner.

(e) Report

No later than September 30, 2001, the Chief Administrative

Officer shall prepare and submit to the Chief of the Capitol

Police, the Capitol Police Board, and the Comptroller General, a

report on the Chief Administrative Officer's progress in

implementing the plan described in subsection (d) of this section

and recommendations to improve the budgeting, financial,

information technology, and human resources management of the

Capitol Police, including organizational, accounting and

administrative control, and personnel changes.

(f) Submission to Committees

The Chief of the Capitol Police shall submit the plan required in

subsection (d) of this section and report required in subsection

(e) of this section to the Committees on Appropriations of the

House of Representatives and of the Senate, the Committee on House

Administration of the House of Representatives, and the Committee

on Rules and Administration of the Senate.

(g) Termination of role

As of October 1, 2002, the role of the Comptroller General, as

established by this section, will cease.

-SOURCE-

(Pub. L. 106-554, Sec. 1(a)(2) (title I, Sec. 108), Dec. 21, 2000,

114 Stat. 2763, 2763A-104; Pub. L. 106-346, Sec. 101(a) (title V,

Sec. 507(a)), Oct. 23, 2000, 114 Stat. 1356, 1356A-55; Pub. L.

107-68, title I, Sec. 122(a), Nov. 12, 2001, 115 Stat. 576.)

-COD-

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 Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-MISC3-

AMENDMENTS

2001 - Subsec. (a)(4). Pub. L. 107-68 substituted ''the Chief of

the Capitol Police, but not to exceed $1,000 less than the annual

rate of pay for the Chief of the Capitol Police'' for ''the Capitol

Police Board, but not to exceed the annual rate of basic pay

payable for ES-2 of the Senior Executive Service, as established

under subchapter VIII of chapter 53 of title 5 (taking into account

any comparability payments made under section 5304(h) of such

title)''.

2000 - Pub. L. 106-346 amended section generally, substituting

present provisions for similar provisions establishing within the

Capitol Police an Office of Administration to be headed by a Chief

Administrative Officer, providing that the Chief Administrative

Officer would be appointed and his pay rate would be set by the

Comptroller General, setting out the powers and duties of the Chief

Administrative Officer, and providing that as of Oct. 1, 2002, the

Chief Administrative Officer would cease to be an employee of the

General Accounting Office, would become an employee of the Capitol

Police, and the Capitol Police Board would assume all

responsibilities of the Comptroller General under this section.

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-68, title I, Sec. 122(b), Nov. 12, 2001, 115 Stat.

576, provided that: ''The amendment made by subsection (a)

(amending this section) shall apply with respect to pay periods

beginning on or after October 1, 2001.''

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-346, Sec. 101(a) (title V, Sec. 507(b)), Oct. 23,

2000, 114 Stat. 1356, 1356A-57, provided that: ''The amendments

made by subsection (a) (amending this section) shall take effect as

if included in the enactment of the Legislative Branch

Appropriations Act, 2001 (H.R. 5657, as enacted by section 1(a)(2)

of Pub. L. 106-554).''

-CITE-

2 USC Sec. 1904 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

Part A - General

-HEAD-

Sec. 1904. Certifying officers

-STATUTE-

(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

Capitol Police Board, 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 Capitol Police Board if there is not a Chief

Administrative Officer, to certify vouchers pursuant to

subsection (a) of this section 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.

-SOURCE-

(Pub. L. 106-554, Sec. 1(a)(2) (title I, Sec. 107), Dec. 21, 2000,

114 Stat. 2763, 2763A-103.)

-COD-

CODIFICATION

Section was classified to section 207d of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-CITE-

2 USC Sec. 1905 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

Part A - General

-HEAD-

Sec. 1905. Deposit and use of reimbursements for law enforcement

assistance

-STATUTE-

(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) shall be deposited in the United States Treasury for

credit to the appropriation for ''general expenses'' under the

heading ''Capitol Police Board'', or ''security enhancements''

under the heading ''Capitol Police Board''.

(2) Funds deposited under this subsection may be expended by the

Capitol Police Board for any authorized purpose, including overtime

pay expenditures relating to law enforcement assistance to any

Federal, State, or local government agency (including any agency of

the District of Columbia), 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.

-SOURCE-

(Pub. L. 107-20, title II, Sec. 2802, July 24, 2001, 115 Stat.

184.)

-COD-

CODIFICATION

Section was classified to section 207e of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-CITE-

2 USC Part B - Compensation and Other Personnel Matters 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

Part B - Compensation and Other Personnel Matters

.

-HEAD-

Part B - Compensation and Other Personnel Matters

-CITE-

2 USC Sec. 1921 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

Part B - Compensation and Other Personnel Matters

-HEAD-

Sec. 1921. Payment of Capitol Police

-STATUTE-

The said police shall be paid on the order of the Sergeant at

Arms of the Senate and the Sergeant at Arms of the House, or of

either of them.

-SOURCE-

(R.S. Sec. 1822.)

-COD-

CODIFICATION

Section was classified to section 207 of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

Provisions of R.S. Sec. 1822 relating to composition and pay

rates of the Capitol police were omitted as obsolete and

superseded.

R.S. Sec. 1822 derived from acts Mar. 30, 1867, ch. 20, Sec. 1,

15 Stat. 11; Mar. 3, 1871, ch. 113, Sec. 1, 16 Stat. 477.

-CITE-

2 USC Sec. 1922 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

Part B - Compensation and Other Personnel Matters

-HEAD-

Sec. 1922. Unified payroll administration

-STATUTE-

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.

-SOURCE-

(July 31, 1946, ch. 707, Sec. 9C, as added Pub. L. 102-397, title

I, Sec. 102, Oct. 6, 1992, 106 Stat. 1950; amended Pub. L. 104-186,

title II, Sec. 221(12), Aug. 20, 1996, 110 Stat. 1750.)

-COD-

CODIFICATION

Section was classified to section 207a of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-MISC3-

AMENDMENTS

1996 - Pub. L. 104-186 substituted ''House Oversight'' for

''House Administration''.

-CHANGE-

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.

-MISC4-

EFFECTIVE DATE

Section 104 of Pub. L. 102-397, as amended by Pub. L. 102-392,

title III, Sec. 321, Oct. 6, 1992, 106 Stat. 1726, provided that:

''The unified payroll administration under the amendment made by

section 102 (enacting this section) shall apply with respect to pay

periods beginning after September 30, 1993.''

(Section 321 of Pub. L. 102-392 provided that the amendment made

by that section to section 104 of Pub. L. 102-397, set out above,

is effective Oct. 6, 1992.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1819, 1970, 2021, 2161 of

this title; title 40 sections 5105, 5107, 5109, 8501.

-CITE-

2 USC Sec. 1923 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

Part B - Compensation and Other Personnel Matters

-HEAD-

Sec. 1923. Unified schedules of rates of basic pay and leave system

-STATUTE-

(a) Rates of basic pay

(1) The Capitol Police Board shall establish and maintain unified

schedules of rates of basic pay for members and civilian employees

of the Capitol Police which shall apply to both members and

employees whose appointing authority is an officer of the Senate

and members and employees whose appointing authority is an officer

of the House of Representatives.

(2) The Capitol Police Board may, from time to time, adjust any

schedule established under paragraph (1) to the extent that the

Board determines appropriate to reflect changes in the cost of

living and to maintain pay comparability.

(3) A schedule established or revised under paragraph (1) or (2)

shall take effect only upon approval by the Committee on House

Oversight of the House of Representatives and the Committee on

Rules and Administration of the Senate.

(4) A schedule approved under paragraph (3) shall have the force

and effect of law.

(b) Leave system

(1) The Capitol Police Board shall prescribe, by regulation, a

unified leave system for members and civilian employees of the

Capitol Police which shall apply to both members and employees

whose appointing authority is an officer of the Senate and members

and employees whose appointing authority is an officer of the House

of Representatives. The leave system shall include provisions for -

(A) annual leave, based on years of service;

(B) sick leave;

(C) administrative leave;

(D) leave under the Family and Medical Leave Act of 1993 (29

U.S.C. 2601 et seq.);

(E) leave without pay and leave with reduced pay, including

provisions relating to contributions for benefits for any period

of such leave;

(F) approval of all leave by the Chief or the designee of the

Chief;

(G) the order in which categories of leave shall be used;

(H) use, accrual, and carryover rules and limitations,

including rules and limitations for any period of active duty in

the Armed Forces;

(I) advance of annual leave or sick leave after a member or

civilian employee has used all such accrued leave;

(J) buy back of annual leave or sick leave used during an

extended recovery period in the case of an injury in the

performance of duty;

(K) the use of accrued leave before termination of the

employment as a member or civilian employee of the Capitol

Police, with provision for lump sum payment for unused annual

leave; and

(L) a leave-sharing program.

(2) The leave system under this section may not provide for the

accrual of either annual or sick leave for any period of leave

without pay or leave with reduced pay.

(3) All provisions of the leave system established under this

subsection shall be subject to the approval of the Committee on

House Oversight of the House of Representatives and the Committee

on Rules and Administration of the Senate. All regulations approved

under this subsection shall have the force and effect of law.

(c) Lump sum payments

(1) Upon the approval of the Capitol Police Board, a member or

civilian employee of the Capitol Police who is separated from

service may be paid a lump sum payment for the accrued annual leave

of the member or civilian employee.

(2) The lump sum payment under paragraph (1) -

(A) shall equal the pay the member or civilian employee would

have received had such member or employee remained in the service

until the expiration of the period of annual leave;

(B) shall be paid from amounts appropriated to the Capitol

Police;

(C) shall be based on the rate of basic pay in effect with

respect to the member or civilian employee on the last day of

service of the member or civilian employee;

(D) shall not be calculated on the basis of extending the

period of leave described under subparagraph (A) by any holiday

occurring after the date of separation from service;

(E) shall be considered pay for taxation purposes only; and

(F) shall be paid only after the Chairman of the Capitol Police

Board certifies the applicable period of leave to the Secretary

of the Senate or the Chief Administrative Officer of the House of

Representatives, as appropriate.

(3) A member or civilian employee of the Capitol Police who

enters active duty in the Armed Forces may -

(A) receive a lump sum payment for accrued annual leave in

accordance with this subsection, in addition to any pay or

allowance payable from the Armed Forces; or

(B) elect to have the leave remain to the credit of such member

or civilian employee until such member or civilian employee

returns from active duty.

(4) The Capitol Police Board may prescribe regulations to carry

out this subsection. No lump sum payment may be paid under this

subsection until such regulations are approved by the Committee on

Rules and Administration of the Senate and the Committee on House

Oversight of the House of Representatives. All regulations approved

under this subsection shall have the force and effect of law.

(d) Effect on appointment authority

Nothing in this section shall be construed to affect the

appointing authority of any officer of the Senate or the House of

Representatives.

-SOURCE-

(Pub. L. 105-55, title I, Sec. 111, Oct. 7, 1997, 111 Stat. 1186.)

-REFTEXT-

REFERENCES IN TEXT

The Family and Medical Leave Act of 1993, referred to in subsec.

(b)(1)(D), is Pub. L. 103-3, Feb. 5, 1993, 107 Stat. 6, as amended,

which enacted sections 60m and 60n of this title, sections 6381 to

6387 of Title 5, Government Organization and Employees, and chapter

28 (Sec. 2601 et seq.) of Title 29, Labor, amended section 2105 of

Title 5, and enacted provisions set out as notes under section 2601

of Title 29. For complete classification of this Act to the Code,

see Short Title note set out under section 2601 of Title 29 and

Tables.

-COD-

CODIFICATION

Section was classified to section 207b of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-CHANGE-

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.

-CITE-

2 USC Sec. 1924 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

Part B - Compensation and Other Personnel Matters

-HEAD-

Sec. 1924. Emergency duty overtime pay from funds disbursed by the

Chief Administrative Officer of the House of Representatives

-STATUTE-

(a) Entitlement of officer or member

Each officer or member of the United States Capitol Police force

-

(1) whose pay is disbursed by the Chief Administrative Officer

of the House of Representatives; and

(2) who performs duty in addition to the number of hours of his

regularly scheduled tour of duty beginning on or after July 1,

1974;

is entitled (subject to such rules and regulations as the Capitol

Police Board may prescribe) to receive compensation as a result of

performing such duty pursuant to the order of proper authority, or

to receive compensatory time off for each such additional hour of

duty, except that an officer shall be entitled to receive such

compensation only upon a determination of the Capitol Police Board

with respect to the additional hours of duty of such officer.

(b) Determination of rate of compensation

Compensation of an officer or member for each additional hour of

duty shall be paid at a rate equal to -

(1) in the case of an officer, his hourly rate of compensation;

or

(2) in the case of a member, one and one-half times his hourly

rate of compensation.

The hourly rate of compensation of an officer or member shall be

determined by dividing the annual rate of compensation of the

officer or member by 2,080.

(c) Written election by officer for compensation or compensatory

time off for additional hours of duty

Any officer or member entitled to receive compensation for

additional hours of duty shall make a written election with respect

to his additional hours of duty which shall designate whether such

officer or member desires to receive -

(1) compensation for additional hours of duty; or

(2) compensatory time off for additional hours of duty subject

to approval of the Chief and the Capitol Police Board.

(d) Certification procedure for additional compensation

Compensation which officers and members are entitled to receive

under this section shall be made upon certification by the Chief of

the Capitol Police at the end of each calendar quarter to the

Capitol Police Board, and upon the transmission of approval from

the Capitol Police Board to the Committee on House Oversight of the

House of Representatives.

(e) Transfer of accrued compensatory time off or receipt of

lump-sum payment upon termination of service

No officer or member may, upon the termination of his service as

an officer or member of the United States Capitol Police force,

transfer accrued compensatory time off for application with respect

to his employment by any other department, agency, or establishment

of the Federal Government or the District of Columbia. No officer

or employee may, upon such termination, receive any lump-sum

payment with respect to such accrued compensatory time off.

(f) Definitions

For purposes of this section -

(1) the term ''officer'' includes all personnel of the rank of

lieutenant or higher, including inspector; and

(2) the term ''member'' includes all personnel below the rank

of lieutenant, including detectives.

-SOURCE-

(Pub. L. 92-184, ch. IV, Dec. 15, 1971, 85 Stat. 636; Pub. L.

93-245, ch. VI, Sec. 600, Jan. 3, 1974, 87 Stat. 1079; Pub. L.

93-554, title I, ch. III, Dec. 27, 1974, 88 Stat. 1777; Pub. L.

104-186, title II, Sec. 221(10), (11), Aug. 20, 1996, 110 Stat.

1750.)

-COD-

CODIFICATION

Section was classified to section 206b of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

Subsecs. (a) to (f) of this section are based on section 3 of H.

Res. No. 449, Ninety-second Congress, June 2, 1971, enacted into

permanent law by Pub. L. 92-184, as amended by H. Res. No. 398,

Ninety-third Congress, June 4, 1973, eff. Jan. 3, 1974, enacted

into permanent law by Pub. L. 93-245, and H. Res. No. 1309,

Ninety-third Congress, Oct. 10, 1974, eff. Dec. 27, 1974, enacted

into permanent law by Pub. L. 93-554.

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 Pub. L. 93-554, and was repealed by

Pub. L. 104-186, title II, Sec. 221(11)(B), Aug. 20, 1996, 110

Stat. 1750. See 1996 Amendment note below.

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

Pub. L. 92-184. Section 5 of H. Res. No. 449 was superseded by

section 3 of H. Res. No. 1309, formerly set out as subsec. (g) of

this section, and was subsequently repealed by Pub. L. 104-186,

title II, Sec. 221(11)(B), Aug. 20, 1996, 110 Stat. 1750.

-MISC3-

AMENDMENTS

1996 - Subsec. (a)(1). Pub. L. 104-186, Sec. 221(10), substituted

''Chief Administrative Officer'' for ''Clerk''.

Subsec. (d). Pub. L. 104-186, Sec. 221(11)(A), substituted

''House Oversight'' for ''House Administration''.

Subsec. (g). Pub. L. 104-186, Sec. 221(11)(B), struck out subsec.

(g) which read as follows: ''There shall be paid out of the

contingent fund of the House of Representatives, until otherwise

provided by law, such sums as may be necessary to make payments of

overtime pay under the provisions of this section.''

-CHANGE-

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.

-CITE-

2 USC Sec. 1925 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

Part B - Compensation and Other Personnel Matters

-HEAD-

Sec. 1925. Emergency duty overtime pay from funds disbursed by

Secretary of the Senate

-STATUTE-

Each officer or member of the Capitol Police force whose

compensation is disbursed by the Secretary of the Senate, who

performs duty in addition to the number of hours of his regularly

scheduled tour of duty for any day on or after July 1, 1974, is

entitled to be paid compensation (when ordered to perform such duty

by proper authority) or receive compensatory time off for each such

additional hour of duty, except that an officer shall be entitled

to such compensation only upon a determination made by the Capitol

Police Board with respect to any additional hours. Compensation of

an officer or member for each additional hour of duty shall be paid

at a rate equal to his hourly rate of compensation in the case of

an officer, and at a rate equal to one and one-half times his

hourly rate of compensation for a member of such force. The hourly

rate of compensation of such officer or member shall be determined

by dividing his annual rate of compensation by 2,080. Any officer

or member entitled to be paid compensation for such additional

hours shall make a written election, which is irrevocable, whether

he desires to be paid that compensation or to receive compensatory

time off instead for each such hour. Compensation due officers and

members under this paragraph shall be paid by the Secretary, upon

certification by the Chief of the Capitol Police at the end of each

calendar quarter and approval of the Capitol Police Board, from

funds available in the Senate appropriation, ''Salaries, Officers

and Employees'' for the fiscal year in which the additional hours

of duty are performed without regard to the limitations specified

therein. Any compensatory time off accrued and not used by an

officer or member at the time he is separated from service on the

Capitol Police force may not be transferred to any other

department, agency, or establishment of the United States

Government or the government of the District of Columbia, and no

lump-sum amount shall be paid for such accrued time. The Capitol

Police Board is authorized to prescribe regulations to carry out

this section.

-SOURCE-

(Pub. L. 92-51, July 9, 1971, 85 Stat. 130; Pub. L. 93-145, Nov. 1,

1973, 87 Stat. 532; Pub. L. 93-371, Sec. 5, Aug. 13, 1974, 88 Stat.

430.)

-COD-

CODIFICATION

Section was classified to section 206c of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-MISC3-

AMENDMENTS

1974 - Pub. L. 93-371 generally amended provisions relating to

payment of emergency duty overtime pay and inserted provisions

relating to election by officers or members entitled to

compensation for additional duty of either payment of such

compensation or compensatory time off in place of any additional

pay, and provisions setting forth duties of the Capitol Police

Board with respect to approval of additional compensation payments

and promulgation of rules and regulations for implementing this

section, effective July 1, 1974.

1973 - Pub. L. 93-145 inserted ''inspectors,'' before

''captains''.

-CITE-

2 USC Sec. 1926 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

Part B - Compensation and Other Personnel Matters

-HEAD-

Sec. 1926. Student loan repayment program

-STATUTE-

(a) Establishment and maintenance of program

The Capitol Police Board may, in order to recruit or retain

qualified personnel, establish and maintain a program under which

the Capitol Police may agree to repay (by direct payments on behalf

of a civilian employee or member of the Capitol Police) all or a

portion of any student loan previously taken out by such employee

or member.

(b) Applicability of other laws

The Capitol Police Board may, by regulation, make applicable such

provisions of section 5379 of title 5 as the Board determines

necessary to provide for such program.

(c) Limitations on amount

The regulations shall provide that the amount paid by the Capitol

Police may not exceed -

(1) $6,000 for any civilian employee or member of the Capitol

Police in any calendar year; or

(2) a total of $40,000 in the case of any employee or member.

(d) Reimbursements

The Capitol Police may not reimburse a civilian employee or

member of the Capitol Police for any repayments made by such

employee or member prior to the Capitol Police entering into an

agreement under this section with such employee or member.

(e) Crediting and use of funds repaid by, or recovered from, an

individual

Any amount repaid by, or recovered from, an individual under this

section and its implementing regulations shall be credited to the

appropriation account available for salaries and 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.

(f) Effective date

This section shall apply to fiscal year 2002 and each fiscal year

thereafter.

-SOURCE-

(Pub. L. 107-117, div. B, Sec. 908, Jan. 10, 2002, 115 Stat.

2319.)

-COD-

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 Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-CITE-

2 USC Sec. 1927 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

Part B - Compensation and Other Personnel Matters

-HEAD-

Sec. 1927. Bonuses, retention allowances, and additional

compensation

-STATUTE-

(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 Board determines that the Capitol Police would be

likely, in the absence of such a bonus, to encounter difficulty

in filling the position.

(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.

(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 -

(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.

(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 the reduction or

elimination of a retention allowance may not be appealed. The

preceding sentence shall not be construed to extinguish or lessen

any right or remedy under any of the laws made applicable to the

Capitol Police pursuant to section 1302 of this title.

(4) Time and manner of 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) Additional compensation for field training officers

(1) In general

Each officer of the United States Capitol Police who is

assigned to duty as a field training officer shall receive, in

addition to the officer's scheduled rate of compensation, an

additional amount determined by the Board (but not to exceed

$2,000 per annum).

(2) Manner of payment

The additional compensation authorized by this subsection shall

be paid to the officer in the same manner as the officer is paid

basic compensation, except that when the officer ceases to be

assigned to duty as a field training officer, the loss of such

additional compensation shall not constitute an adverse action

for any purpose.

(f) 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) Approval

The regulations prescribed pursuant to this subsection shall be

subject to the approval of the Committee on Rules and

Administration of the Senate, the Committee on House

Administration of the House of Representatives, and the

Committees on Appropriations of the Senate and the House of

Representatives.

(g) Effective date

This section shall apply with respect to fiscal year 2002 and

each succeeding fiscal year.

-SOURCE-

(Pub. L. 107-117, div. B, Sec. 909, Jan. 10, 2002, 115 Stat.

2320.)

-COD-

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 Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-CITE-

2 USC Sec. 1928 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

Part B - Compensation and Other Personnel Matters

-HEAD-

Sec. 1928. Suspension

-STATUTE-

The captain of the Capitol police may suspend any member of the

force, subject to the approval of the two Sergeants at Arms and of

the Architect of the Capitol.

-SOURCE-

(R.S. Sec. 1823; Mar. 3, 1921, ch. 124, Sec. 1, 41 Stat. 1291.)

-COD-

CODIFICATION

Section was classified to section 208 of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

R.S. Sec. 1823 derived from acts Mar. 3, 1873, ch. 226, 17 Stat.

488; June 20, 1874, ch. 328, 18 Stat. 86; Mar. 3, 1875, ch. 129, 18

Stat. 345.

-CHANGE-

CHANGE OF NAME

Change of name of Architect of the Capitol, functions abolished,

transferred etc., by prior acts, see Prior Provisions and Change of

Name notes set out under section 1801 of this title.

-CITE-

2 USC Sec. 1929 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

Part B - Compensation and Other Personnel Matters

-HEAD-

Sec. 1929. Pay of members under suspension

-STATUTE-

On and after March 3, 1875, whenever a member of the Capitol

police or watch force is suspended from duty for cause, said

policeman or watchman shall receive no compensation for the time of

such suspension if he shall not be reinstated.

-SOURCE-

(Mar. 3, 1875, ch. 129, 18 Stat. 345.)

-COD-

CODIFICATION

Section was classified to section 209 of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

Section is based on a proviso in act Mar. 3, 1875, popularly

known as the ''Legislature, Executive, and Judicial Appropriation

Act, fiscal year 1876''.

-CITE-

2 USC Part C - Uniform and Arms 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

Part C - Uniform and Arms

.

-HEAD-

Part C - Uniform and Arms

-CITE-

2 USC Sec. 1941 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

Part C - Uniform and Arms

-HEAD-

Sec. 1941. Uniform

-STATUTE-

The Sergeant at Arms of the Senate and the Sergeant at Arms of

the House of Representatives 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 out

of the contingent fund of the Senate and House of Representatives

upon the certificate of the officers above named. Such arms so

furnished shall be carried by each officer and member of the

Capitol Police, while in the Capitol Buildings (as defined in

section 5101 of title 40), and while within or outside of the

boundaries of the United States Capitol Grounds (as defined in

section 5102 of title 40), in such manner and at such times as the

Sergeant at Arms of the Senate and the Sergeant at Arms of the

House of Representatives may, by regulations, prescribe.

-SOURCE-

(R.S. Sec. 1824; Pub. L. 92-607, ch. V, Sec. 507, Oct. 31, 1972,

86 Stat. 1508; Pub. L. 95-26, title I, Sec. 112, May 4, 1977, 91

Stat. 87.)

-COD-

CODIFICATION

Section was classified to section 210 of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

R.S. Sec. 1824 derived from act Mar. 30, 1867, ch. 20, Sec. 1, 15

Stat. 11.

-MISC3-

AMENDMENTS

1977 - Pub. L. 95-26 struck out ''at a cost not to exceed twenty

dollars per man,'' after ''furnish each member of the force with

the necessary belts and arms,''.

1972 - Pub. L. 92-607 directed that the arms be carried in the

Capitol Buildings and within and without the boundaries of the

United States Capitol Grounds according to regulations prescribed

by the Sergeant at Arms of the Senate and the Sergeant at Arms of

the House of Representatives.

-CITE-

2 USC Sec. 1942 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

Part C - Uniform and Arms

-HEAD-

Sec. 1942. Uniform to display United States flag or colors

-STATUTE-

(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.

-SOURCE-

(Pub. L. 91-297, title II, Sec. 201(a), (b), June 30, 1970, 84

Stat. 357; Pub. L. 93-198, title IV, Sec. 421, Dec. 24, 1973, 87

Stat. 789; Pub. L. 95-179, Nov. 15, 1977, 91 Stat. 1371.)

-COD-

CODIFICATION

Section was classified to section 210a of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-MISC3-

AMENDMENTS

1977 - Pub. L. 95-179 substituted ''United States Secret Service

Uniformed Division'' for ''Executive Protective Service'' wherever

appearing.

-TRANS-

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

Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818,

and replaced by office of Mayor of District of Columbia by section

421 of Pub. L. 93-198. Accordingly, ''Mayor'' substituted in text

for ''commissioner''.

-CITE-

2 USC Sec. 1943 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

Part C - Uniform and Arms

-HEAD-

Sec. 1943. Uniform; at whose expense

-STATUTE-

The members of the Capitol police shall furnish, at their own

expense, each his own uniform, which shall be in exact conformity

to that required by regulation of the Sergeants at Arms.

-SOURCE-

(R.S. Sec. 1825.)

-COD-

CODIFICATION

Section was classified to section 211 of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

R.S. Sec. 1825 derived from act July 20, 1868, ch. 176, Sec. 1,

15 Stat. 94.

-CITE-

2 USC Sec. 1944 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

Part C - Uniform and Arms

-HEAD-

Sec. 1944. Wearing uniform on duty

-STATUTE-

The officers, privates, and watchmen of the Capitol police shall,

when on duty, wear the regulation uniform.

-SOURCE-

(Mar. 18, 1904, ch. 716, Sec. 1, 33 Stat. 89.)

-COD-

CODIFICATION

Section was classified to section 212 of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

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, Sec. 1, 32 Stat. 857.

Mar. 3, 1901, ch. 830, Sec. 1, 31 Stat. 963.

-CITE-

2 USC Part D - United States Capitol Police Memorial

Fund 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

Part D - United States Capitol Police Memorial Fund

.

-HEAD-

Part D - United States Capitol Police Memorial Fund

-CITE-

2 USC Sec. 1951 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

Part D - United States Capitol Police Memorial Fund

-HEAD-

Sec. 1951. Establishment of United States Capitol Police Memorial

Fund

-STATUTE-

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

shall be deposited into the Fund.

-SOURCE-

(Pub. L. 105-223, Sec. 1, Aug. 7, 1998, 112 Stat. 1250.)

-COD-

CODIFICATION

Section was classified to section 207c of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-CITE-

2 USC Sec. 1952 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

Part D - United States Capitol Police Memorial Fund

-HEAD-

Sec. 1952. Payments from Fund for families of Detective Gibson and

Private First Class Chestnut

-STATUTE-

Subject to the regulations issued under section 1954 of this

title, amounts in the Fund shall be paid to the families of

Detective John Michael Gibson and Private First Class Jacob Joseph

Chestnut of the United States Capitol Police as follows:

(1) Fifty percent of such amounts shall be paid to the widow

and children of Detective Gibson.

(2) Fifty percent of such amounts shall be paid to the widow

and children of Private First Class Chestnut.

-SOURCE-

(Pub. L. 105-223, Sec. 2, Aug. 7, 1998, 112 Stat. 1250.)

-COD-

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 Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1954 of this title.

-CITE-

2 USC Sec. 1953 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

Part D - United States Capitol Police Memorial Fund

-HEAD-

Sec. 1953. Tax treatment of Fund

-STATUTE-

(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 section 170(c)(1) of title 26.

(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 section 501(c)(1)(A) of

title 26, the Fund shall be treated as described in section

501(c)(1) of title 26 and exempt from tax under section 501(a) of

title 26.

-SOURCE-

(Pub. L. 105-223, Sec. 3, Aug. 7, 1998, 112 Stat. 1250.)

-COD-

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 Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-CITE-

2 USC Sec. 1954 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

SUBCHAPTER I - ORGANIZATION AND ADMINISTRATION

Part D - United States Capitol Police Memorial Fund

-HEAD-

Sec. 1954. Administration by Capitol Police Board

-STATUTE-

The Capitol Police Board shall administer and manage the Fund

(including establishing the timing and manner of making payments

under section 1952 of this title) in accordance with regulations

issued by the Board, subject to the approval of the Committee on

Rules and Administration of the Senate and the Committee on House

Oversight of the House of Representatives. Under such regulations,

the Board shall pay any balance remaining in the Fund upon the

expiration of the 6-month period which begins on August 7, 1998, to

the families of Detective John Michael Gibson and Private First

Class Jacob Joseph Chestnut in accordance with section 1952 of this

title, and shall disburse any amounts in the Fund after the

expiration of such period in such manner as the Board may

establish. Under such regulations, and using amounts in the Fund,

a financial adviser or trustee, as appropriate, for the families of

Detective John Michael Gibson and Private First Class Jacob Joseph

Chestnut of the United States Capitol Police shall be appointed to

advise the families respecting disbursements to them of amounts in

the Fund.

-SOURCE-

(Pub. L. 105-223, Sec. 4, Aug. 7, 1998, 112 Stat. 1250.)

-COD-

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 Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-CHANGE-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1952 of this title.

-CITE-

2 USC SUBCHAPTER II - POWERS AND DUTIES 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

SUBCHAPTER II - POWERS AND DUTIES

.

-HEAD-

SUBCHAPTER II - POWERS AND DUTIES

-CITE-

2 USC Sec. 1961 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

SUBCHAPTER II - POWERS AND DUTIES

-HEAD-

Sec. 1961. Policing of Capitol Buildings and Grounds

-STATUTE-

(a) The Capitol Police shall police the United States Capitol

Buildings and Grounds under the direction of the Capitol Police

Board, consisting of the Sergeant at Arms of the United States

Senate, the Sergeant at Arms of the House of Representatives, and

the Architect of the Capitol, and shall have the power to enforce

the provisions of this section, sections 1966 and 1969 of this

title, and sections 5101 to 5107 and 5109 of title 40 (FOOTNOTE 1)

and regulations promulgated under section 1969 (FOOTNOTE 1) of this

title, and to make arrests within the United States Capitol

Buildings and Grounds for any violations of any law of the United

States, of the District of Columbia, or of any State, or any

regulation promulgated pursuant thereto: Provided, That for the

fiscal year for which appropriations are made by this Act the

Capitol Police shall have the additional authority to make arrests

within the District of Columbia for crimes of violence, as defined

in section 16 of title 18, committed within the Capitol Buildings

and Grounds and shall have the additional authority to make

arrests, without a warrant, for crimes of violence, as defined in

section 16 of title 18, committed in the presence of any member of

the Capitol Police performing official duties: Provided further,

That the Metropolitan Police force of the District of Columbia are

authorized to make arrests within the United States Capitol

Buildings and Grounds for any violation of any such laws or

regulations, but such authority shall not be construed as

authorizing the Metropolitan Police force, except with the consent

or upon the request of the Capitol Police Board, to enter such

buildings to make arrests in response to complaints or to serve

warrants or to patrol the United States Capitol Buildings and

Grounds. For the purpose of this section, the word ''grounds''

shall include the House Office Buildings parking areas and that

part or parts of property which have been or hereafter are acquired

in the District of Columbia by the Architect of the Capitol, or by

an officer of the Senate or the House, by lease, purchase,

intergovernment transfer, or otherwise, for the use of the Senate,

the House, or the Architect of the Capitol.

(FOOTNOTE 1) See References in Text note below.

(b) For purposes of this section, ''the United States Capitol

Buildings and Grounds'' shall include any building or facility

acquired by the Sergeant at Arms of the Senate for the use of the

Senate for which the Sergeant at Arms of the Senate has entered

into an agreement with the United States Capitol Police for the

policing of the building or facility.

(c) For purposes of this section, ''the United States Capitol

Buildings and Grounds'' shall include any building or facility

acquired by the Chief Administrative Officer of the House of

Representatives for the use of the House of Representatives for

which the Chief Administrative Officer has entered into an

agreement with the United States Capitol Police for the policing of

the building or facility.

-SOURCE-

(July 31, 1946, ch. 707, Sec. 9, 60 Stat. 719; Pub. L. 93-198,

title VII, Sec. 739(g)(4), (5), Dec. 24, 1973, 87 Stat. 829; Pub.

L. 101-520, title I, Sec. 106, formerly Sec. 106(a), Nov. 5, 1990,

104 Stat. 2264, renumbered Sec. 106 and amended Pub. L. 102-392,

title III, Sec. 310, Oct. 6, 1992, 106 Stat. 1723; Pub. L. 102-397,

title I, Sec. 103, Oct. 6, 1992, 106 Stat. 1950; Pub. L. 107-117,

div. B, Sec. 901(c)(2), 903(c)(2), Jan. 10, 2002, 115 Stat. 2316,

2317; Pub. L. 107-206, title I, Sec. 902(b), 903(b), Aug. 2, 2002,

116 Stat. 876.)

-REFTEXT-

REFERENCES IN TEXT

This section, sections 1966 and 1969 of this title, and sections

5101 to 5107 and 5109 of title 40, referred to in subsec. (a), was

in the original ''sections 193a to 193m, 212a, 212a-2, and 212b of

this title'' meaning sections 193a to 193m, 212a, 212a-2, and 212b

of former Title 40, Public Buildings, Property, and Works. Sections

212a, 212a-2, and 212b of former Title 40 were transferred,

respectively, to this section and sections 1966 and 1969 of this

title. Sections 193a to 193m of former Title 40 were repealed and

restated in sections 5101 to 5107 and 5109 of Title 40, Public

Buildings, Property, and Works, by Pub. L. 107-217, Sec. 1, 6(b),

Aug. 21, 2002, 116 Stat. 1174-1178, 1304, the first section of

which enacted Title 40. Section 5(c) of Pub. L. 107-217, set out as

a note preceding section 101 of Title 40, provides that a reference

to a law replaced by section 1 of Pub. L. 107-217 is deemed to

refer to the corresponding provision enacted by Pub. L. 107-217.

For disposition of sections of former Title 40, see table at the

beginning of Title 40.

This Act, referred to in subsec. (a), probably means Pub. L.

101-520, Nov. 5, 1990, 104 Stat. 2254, known as the Legislative

Branch Appropriations Act, 1991, which amended this section

generally. For complete classification of this Act to the Code,

see Tables.

-COD-

CODIFICATION

Section was classified to section 212a of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-MISC3-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-117, Sec. 901(c)(2)(A),

903(b)(2)(A), amended section identically, inserting ''(a)'' before

''The Capitol Police shall police''.

Subsec. (b). Pub. L. 107-206 redesignated subsec. (b) relating to

buildings or facilities acquired by the Chief Administrative

Officer of the House of Representatives as (c).

Pub. L. 107-117, Sec. 903(c)(2)(B), added subsec. (b) relating to

buildings or facilities acquired by the Chief Administrative

Officer of the House of Representatives.

Pub. L. 107-117, Sec. 901(c)(2)(B), added subsec. (b) relating to

buildings or facilities acquired by the Sergeant at Arms of the

Senate.

Subsec. (c). Pub. L. 107-206 redesignated subsec. (b) relating to

buildings or facilities acquired by the Chief Administrative

Officer of the House of Representatives as (c).

1992 - Pub. L. 102-392 and Pub. L. 102-397 amended directory

language of Pub. L. 101-520 identically. See 1990 Amendment note

below.

1990 - Pub. L. 101-520, as amended by Pub. L. 102-392 and Pub. L.

102-397, amended section generally. Prior to amendment, section

read as follows: ''The Capitol Police shall police the United

States Capitol Buildings and Grounds under the direction of the

Capitol Police Board, consisting of the Sergeant at Arms of the

United States Senate, the Sergeant at Arms of the House of

Representatives, and the Architect of the Capitol, and shall have

the power to enforce the provisions of sections 193a to 193m, 212a,

212a-2, and 212b of this title and regulations promulgated under

section 212b of this title, and to make arrests within the United

States Capitol Buildings and Grounds for any violations of any law

of the United States, of the District of Columbia, or of any State,

or any regulation promulgated pursuant thereto: Provided, That the

Metropolitan Police force of the District of Columbia are

authorized to make arrests within the United States Capitol

Buildings and Grounds for any violations of any such laws or

regulations, but such authority shall not be construed as

authorizing the Metropolitan Police force, except with the consent

or upon the request of the Capitol Police Board, to enter such

buildings to make arrests in response to complaints or to serve

warrants or to patrol the United States Capitol Buildings and

Grounds. For the purpose of this section, the word 'grounds' shall

include the House Office Building parking area.''

1973 - Pub. L. 93-198 inserted reference to violations of any law

of the District of Columbia and struck out '', with the exception

of the streets and roadways shown on the map referred to in section

193a of this title as being under the jurisdiction and control of

the Commissioners of the District of Columbia'' after ''or to

patrol the United States Capitol Buildings and Grounds''.

EFFECTIVE DATE OF 2002 AMENDMENTS

Amendment by section 903(b) of Pub. L. 107-206 effective as if

included in the enactment of the Emergency Supplemental Act, 2002,

Pub. L. 107-117, div. B, see section 903(c) of Pub. L. 107-206,

set out as a note under section 2002 of this title.

Amendment by section 902(b) of Pub. L. 107-206 effective as if

included in the enactment of the Emergency Supplemental Act, 2002,

Pub. L. 107-117, div. B, see section 902(c) of Pub. L. 107-206,

set out as a note under section 2022 of this title.

Amendment by section 901(c)(2) of Pub. L. 107-117 applicable with

respect to fiscal year 2002 and each succeeding fiscal year, see

section 2022(e) of this title.

Amendment by section 903(c)(2) of Pub. L. 107-117 applicable with

respect to fiscal year 2002 and each succeeding fiscal year, see

section 2002(e) of this title.

EFFECTIVE DATE OF 1992 AMENDMENTS

Section 103 of Pub. L. 102-397 provided that the amendment made

by that section is effective Nov. 5, 1990.

Section 310 of Pub. L. 102-392 provided that the amendment made

by that section is effective Nov. 5, 1990.

EFFECTIVE DATE OF 1973 AMENDMENT

Section 771 of Pub. L. 93-198 provided that the amendment made by

Pub. L. 93-198 is effective on Jan. 2, 1975, if a majority of the

registered qualified electors in the District of Columbia voting on

the charter issue in the charter referendum accepted the charter

set out in title IV of Pub. L. 93-198, Dec. 24, 1973, 87 Stat. 785.

The charter was approved by the voters on May 7, 1974.

CONSTRUCTION

Act July 31, 1946, ch. 707, Sec. 16(b), 60 Stat. 721, provided

that: ''Nothing in this Act (2 U.S.C. 1922, 1961, 1966, 1967, 1969;

40 U.S.C. 5101 to 5107, 5109, see References in Text note under

section 1819 of this title) shall be construed to repeal, amend,

alter, or supersede (1) section 1820 of the Revised Statutes

(U.S.C., title 40, sec. 193) (now 2 U.S.C. 2183); (2) an Act

entitled 'An Act to protect the public property, turf, and grass of

the Capitol Grounds from injury', approved April 29, 1876 (19 Stat.

41; U.S.C., title 40, sec. 214) (now 2 U.S.C. 1963); (3) except as

provided in section 9 of this Act (2 U.S.C. 1961), section 15 of an

Act entitled 'An Act for the preservation of the public peace and

the protection of property within the District of Columbia',

approved July 29, 1892 (27 Stat. 325; U.S.C., title 40, sec. 101)

(see 40 U.S.C. 8103); (4) the second proviso in the item 'Capitol

garages' under the caption 'Capitol Buildings and Grounds'

contained in an Act entitled 'An Act making appropriations for the

legislative branch of the Government for the fiscal year ending

June 30, 1933, and for other purposes', approved June 30, 1932 (47

Stat. 382, 391; U.S.C., title 40, sec. 185a) (now 2 U.S.C. 2025);

or (5) an Act entitled 'An Act to authorize the use of part of the

United States Capitol Grounds east of the Union Station for the

parking of motor vehicles', approved July 8, 1943 (57 Stat. 390).''

JURISDICTION OF UNITED STATES CAPITOL POLICE OVER TEMPORARY PARKING

AREAS DURING CONSTRUCTION OF JUDICIARY ANNEX BUILDING

Pub. L. 101-302, title III, Sec. 313, May 25, 1990, 104 Stat.

245, provided that:

''(a) The supervision and jurisdiction of the United States

Capitol Police shall extend over any area with respect to which the

Architect of the Capitol has contracted, or otherwise entered into

an agreement, for parking space in the Union Station parking garage

to accommodate personnel of the United States Senate whose parking

privileges have been affected by the construction of the Judiciary

Annex Building, and over any area and streets necessary to carry

out such supervision and to travel between such parking area and

the United States Capitol Grounds.

''(b) In carrying out such supervision, the United States Capitol

Police shall have, within any such area or street, jurisdiction,

concurrent with that of the Metropolitan Police of the District of

Columbia, to provide security for such personnel and property of

such personnel and of the United States Senate within such area or

street, and to make arrests for the violation of the laws and

regulations of the United States and the District of Columbia.

''(c) The provisions of subsections (a) and (b) shall be

effective only during the period that there is in effect a contract

or other agreement as referred to in subsection (a).''

EXTENSION OF UNITED STATES CAPITOL POLICE SUPERVISION

Pub. L. 95-175, Nov. 14, 1977, 91 Stat. 1362, provided: ''That

the supervision of the United States Capitol Police shall extend

over that part or parts of the premises located at 600 Pennsylvania

Avenue, Southeast, Washington, District of Columbia, leased by the

Office of Technology Assessment. In carrying out such supervision,

the United States Capitol Police shall have within such part or

parts jurisdiction, concurrent with that of the Metropolitan Police

of the District of Columbia, to provide security for the personnel

and property of the Office of Technology Assessment within such

leased premises, and to make arrest therein for the violation of

the laws and regulations of the United States and the District of

Columbia.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1819, 1970, 2021, 2161 of

this title; title 40 sections 5105, 5107, 5109, 8501.

-CITE-

2 USC Sec. 1962 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

SUBCHAPTER II - POWERS AND DUTIES

-HEAD-

Sec. 1962. Detail of police

-STATUTE-

The Capitol Police Board is authorized to detail police from the

House Office, Senate Office, and Capitol Buildings for police duty

on the Capitol Grounds and on the Library of Congress Grounds.

-SOURCE-

(Pub. L. 96-432, Sec. 5, Oct. 10, 1980, 94 Stat. 1853.)

-COD-

CODIFICATION

Section was classified to section 212a-1 of former Title 40,

prior to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

Provisions of this section were enacted as permanent law in Pub.

L. 96-432. Similar fiscal year provisions were contained in the

following appropriation acts and have not been repeated since 1983:

Pub. L. 98-51, title I, Sec. 112, July 14, 1983, 97 Stat. 271.

Pub. L. 97-276, Sec. 101(e) (S. 2939, title I), Oct. 2, 1982, 96

Stat. 1189.

Pub. L. 97-51, Sec. 101(c) (H.R. 4120, title I), Oct. 1, 1981, 95

Stat. 959.

Pub. L. 96-536, Sec. 101(c) (H.R. 7593, title I), Dec. 16, 1980,

94 Stat. 3167.

Pub. L. 95-391, title I, Sept. 30, 1978, 92 Stat. 780.

Pub. L. 95-94, title I, Aug. 5, 1977, 91 Stat. 671.

Pub. L. 94-440, title III, Oct. 1, 1976, 90 Stat. 1451.

Pub. L. 94-59, title III, July 25, 1975, 89 Stat. 285.

Pub. L. 93-371, Aug. 13, 1974, 88 Stat. 436.

Pub. L. 93-145, Nov. 1, 1973, 87 Stat. 539.

Pub. L. 92-342, July 10, 1972, 86 Stat. 441.

Pub. L. 92-51, July 9, 1971, 85 Stat. 136.

Pub. L. 91-382, Aug. 18, 1970, 84 Stat. 817.

Pub. L. 91-145, Dec. 12, 1969, 83 Stat. 350.

Pub. L. 90-417, July 23, 1968, 82 Stat. 406.

Pub. L. 90-57, July 28, 1967, 81 Stat. 135.

Pub. L. 89-545, Aug. 27, 1966, 80 Stat. 363.

Pub. L. 89-90, July 27, 1965, 79 Stat. 275.

Pub. L. 88-454, Aug. 20, 1964, 78 Stat. 544.

Pub. L. 88-248, Dec. 30, 1963, 77 Stat. 811.

Pub. L. 87-730, Sec. 104, Oct. 2, 1962, 76 Stat. 694.

Pub. L. 87-130, Sec. 104, Aug. 10, 1961, 75 Stat. 334.

Pub. L. 86-628, Sec. 104, July 12, 1960, 74 Stat. 460.

Pub. L. 86-176, Sec. 104, Aug. 21, 1959, 73 Stat. 412.

Pub. L. 85-570, Sec. 104, July 31, 1958, 72 Stat. 453.

Pub. L. 85-75, Sec. 104, July 1, 1957, 71 Stat. 256.

June 27, 1956, ch. 453, Sec. 104, 70 Stat. 370.

Aug. 5, 1955, ch. 568, Sec. 104, 69 Stat. 520.

July 2, 1954, ch. 455, title I, Sec. 104, 68 Stat. 409.

Aug. 1, 1953, ch. 304, title I, Sec. 106, 67 Stat. 332.

July 9, 1952, ch. 598, Sec. 106, 66 Stat. 478.

Oct. 11, 1951, ch. 485, Sec. 106, 65 Stat. 403.

Sept. 6, 1950, ch. 896, Sec. 106, 64 Stat. 608.

June 22, 1949, ch. 235, Sec. 106, 63 Stat. 230.

June 14, 1948, ch. 467, Sec. 106, 62 Stat. 437.

July 17, 1947, ch. 262, Sec. 106, 61 Stat. 377.

July 1, 1946, ch. 530, Sec. 106, 60 Stat. 408.

June 13, 1945, ch. 189, Sec. 106, 59 Stat. 259.

June 26, 1944, ch. 277, title I, Sec. 105, 58 Stat. 354.

June 28, 1943, ch. 173, title I, 57 Stat. 230.

June 8, 1942, ch. 396, 56 Stat. 340.

July 1, 1941, ch. 268, 55 Stat. 456.

June 18, 1940, ch. 396, 54 Stat. 471.

June 16, 1939, ch. 208, 53 Stat. 831.

May 17, 1938, ch. 236, 52 Stat. 390.

-CITE-

2 USC Sec. 1963 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

SUBCHAPTER II - POWERS AND DUTIES

-HEAD-

Sec. 1963. Protection of grounds

-STATUTE-

It shall be the duty of the Capitol police on and after April 29,

1876, to prevent any portion of the Capitol Grounds and terraces

from being used as playgrounds or otherwise, so far as may be

necessary to protect the public property, turf and grass from

destruction or injury.

-SOURCE-

(Apr. 29, 1876, ch. 86, 19 Stat. 41.)

-COD-

CODIFICATION

Section was classified to section 214 of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-CITE-

2 USC Sec. 1964 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

SUBCHAPTER II - POWERS AND DUTIES

-HEAD-

Sec. 1964. Security systems for Capitol buildings and grounds

-STATUTE-

(a) Design and installation

(1) Effective October 1, 1995, the unexpended balances of

appropriations specified in paragraph (2) are transferred to the

appropriation for general expenses of the Capitol Police, to be

used for design and installation of security systems for the

Capitol buildings and grounds.

(2) The unexpended balances referred to in paragraph (1) are -

(A) the unexpended balance of appropriations for security

installations, as referred to in the paragraph under the heading

''capitol buildings'', under the general headings ''JOINT

ITEMS'', ''ARCHITECT OF THE CAPITOL'', and ''Capitol Buildings

and Grounds'' in title I of the Legislative Branch Appropriations

Act, 1995 (108 Stat. 1434), including any unexpended balance from

a prior fiscal year and any unexpended balance under such

headings in this Act; and

(B) the unexpended balance of the appropriation for an improved

security plan, as transferred to the Architect of the Capitol by

section 102 of the Legislative Branch Appropriations Act, 1989

(102 Stat. 2165).

(b) Transfer of responsibility to Capitol Police Board

Effective October 1, 1995, the responsibility for design and

installation of security systems for the Capitol buildings and

grounds is transferred from the Architect of the Capitol to the

Capitol Police Board. Such design and installation shall be carried

out under the direction of the Committee on House Oversight of the

House of Representatives and the Committee on Rules and

Administration of the Senate, and without regard to section 5 of

title 41. On and after October 1, 1995, any alteration to a

structural, mechanical, or architectural feature of the Capitol

buildings and grounds that is required for a security system under

the preceding sentence may be carried out only with the approval of

the Architect of the Capitol.

(c) Transfer of positions to Capitol Police

(1) Effective October 1, 1995, all positions specified in

paragraph (2) and each individual holding any such position (on a

permanent basis) immediately before that date, as identified by the

Architect of the Capitol, shall be transferred to the Capitol

Police.

(2) The positions referred to in paragraph (1) are those

positions which, immediately before October 1, 1995, are -

(A) under the Architect of the Capitol;

(B) within the Electronics Engineering Division of the Office

of the Architect of the Capitol; and

(C) related to the design or installation of security systems

for the Capitol buildings and grounds.

(3) All annual leave and sick leave standing to the credit of an

individual immediately before such individual is transferred under

paragraph (1) shall be credited to such individual, without

adjustment, in the new position of the individual.

-SOURCE-

(Pub. L. 104-53, title III, Sec. 308, Nov. 19, 1995, 109 Stat.

537.)

-REFTEXT-

REFERENCES IN TEXT

The paragraph under the heading ''capitol buildings'', under the

general headings ''JOINT ITEMS'', ''ARCHITECT OF THE CAPITOL'', and

''Capitol Buildings and Grounds'' in title I of the Legislative

Branch Appropriations Act, 1995, referred to in subsec. (a)(2)(A),

is contained in Pub. L. 103-283, title I, July 22, 1994, 108 Stat.

1423, 1434, and is not classified to the Code.

This Act, referred to in subsec. (a)(2)(A), is Pub. L. 104-53,

Nov. 19, 1995, 109 Stat. 514, known as the Legislative Branch

Appropriations Act, 1996. Provisions under such headings in this

Act appear at 109 Stat. 527, and are not classified to the Code.

Section 102 of the Legislative Branch Appropriations Act, 1989,

referred to in subsec. (a)(2)(B), is section 102 of Pub. L.

100-458, title I, Oct. 1, 1988, 102 Stat. 2165, which is not

classified to the Code.

-COD-

CODIFICATION

Section was classified to section 212a-4 of former Title 40,

prior to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-CHANGE-

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.

-CITE-

2 USC Sec. 1965 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

SUBCHAPTER II - POWERS AND DUTIES

-HEAD-

Sec. 1965. Maintenance of security systems for Capitol buildings

and grounds

-STATUTE-

(a) Effective October 1, 1996, the responsibility for maintenance

of security systems for the Capitol buildings and grounds is

transferred from the Architect of the Capitol to the Capitol Police

Board. Such maintenance shall be carried out under the direction of

the Committee on House Oversight of the House of Representatives

and the Committee on Rules and Administration of the Senate. On and

after October 1, 1996, any alteration to a structural, mechanical,

or architectural feature of the Capitol buildings and grounds that

is required for security system maintenance under the preceding

sentence may be carried out only with the approval of the Architect

of the Capitol.

(b)(1) Effective October 1, 1996, all positions specified in

paragraph (2) and each individual holding any such position (on a

permanent basis) immediately before that date, as identified by the

Architect of the Capitol, shall be transferred to the Capitol

Police.

(2) The positions referred to in paragraph (1) are those

positions which, immediately before October 1, 1996, are -

(A) under the Architect of the Capitol;

(B) within the Electronics Engineering Division of the Office

of the Architect of the Capitol; and

(C) related to the maintenance of security systems for the

Capitol buildings and grounds.

(3) All annual leave and sick leave standing to the credit of an

individual immediately before such individual is transferred under

paragraph (1) shall be credited to such individual, without

adjustment, in the new position of the individual.

-SOURCE-

(Pub. L. 104-197, title III, Sec. 308, Sept. 16, 1996, 110 Stat.

2413.)

-COD-

CODIFICATION

Section was classified to section 212a-4a of former Title 40,

prior to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-CHANGE-

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.

-CITE-

2 USC Sec. 1966 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

SUBCHAPTER II - POWERS AND DUTIES

-HEAD-

Sec. 1966. Protection of Members of Congress, officers of Congress,

and members of their families

-STATUTE-

(a) Authority of the Capitol Police

Subject to the direction of the Capitol Police Board, the United

States Capitol Police is authorized to protect, in any area of the

United States, the person of any Member of Congress, officer of the

Congress, as defined in section 60-1(b) of this title, and any

member of the immediate family of any such Member or officer, if

the Capitol Police Board determines such protection to be

necessary.

(b) Detail of police

In carrying out its authority under this section, the Capitol

Police Board, or its designee, is authorized, in accordance with

regulations issued by the Board pursuant to this section, to

detail, on a case-by-case basis, members of the United States

Capitol Police to provide such protection as the Board may

determine necessary under this section.

(c) Arrest of suspects

In the performance of their protective duties under this section,

members of the United States Capitol Police are authorized (1) to

make arrests without warrant for any offense against the United

States committed in their presence, or for any felony cognizable

under the laws of the United States if they have reasonable grounds

to believe that the person to be arrested has committed or is

committing such felony; and (2) to utilize equipment and property

of the Capitol Police.

(d) Fines and penalties

Whoever knowingly and willfully obstructs, resists, or interferes

with a member of the Capitol Police engaged in the performance of

the protective functions authorized by this section, shall be fined

not more than $300 or imprisoned not more than one year, or both.

(e) Construction of provisions

Nothing contained in this section shall be construed to imply

that the authority, duty, and function conferred on the Capitol

Police Board and the United States Capitol Police are in lieu of or

intended to supersede any authority, duty, or function imposed on

any Federal department, agency, bureau, or other entity, or the

Metropolitan Police of the District of Columbia, involving the

protection of any such Member, officer, or family member.

(f) ''United States'' defined

As used in this section, the term ''United States'' means each of

the several States of the United States, the District of Columbia,

and territories and possessions of the United States.

-SOURCE-

(July 31, 1946, ch. 707, Sec. 9A, as added Pub. L. 97-143, Sec.

1(a), Dec. 29, 1981, 95 Stat. 1723.)

-COD-

CODIFICATION

Section was classified to section 212a-2 of former Title 40,

prior to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1819, 1961, 1970, 2021,

2161 of this title; title 40 sections 5105, 5107, 5109, 8501.

-CITE-

2 USC Sec. 1967 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

SUBCHAPTER II - POWERS AND DUTIES

-HEAD-

Sec. 1967. Law enforcement authority

-STATUTE-

(a) Scope

Subject to such regulations as may be prescribed by the Capitol

Police Board and approved by the Committee on House Oversight of

the House of Representatives and the Committee on Rules and

Administration of the Senate, a member of the Capitol Police shall

have authority to make arrests and otherwise enforce the laws of

the United States, including the laws of the District of Columbia -

(1) within the District of Columbia, with respect to any crime

of violence committed within the United States Capitol Grounds;

(2) within the District of Columbia, with respect to any crime

of violence committed in the presence of the member, if the

member is in the performance of official duties when the crime is

committed;

(3) within the District of Columbia, to prevent imminent loss

of life or injury to person or property, if the officer is in the

performance of official duties when the authority is exercised;

and

(4) within the area described in subsection (b) of this

section.

(b) Area

The area referred to in subsection (a)(4) of this section is that

area bounded by the north curb of H Street from 3rd Street, N.W. to

7th Street, N.E., the east curb of 7th Street from H Street, N.E.,

to M Street, S.E., the south curb of M Street from 7th Street, S.E.

to 1st Street, S.E., the east curb of 1st Street from M Street,

S.E. to Potomac Avenue S.E., the southeast curb of Potomac Avenue

from 1st Street, S.E. to South Capitol Street, S.W., the west curb

of South Capitol Street from Potomac Avenue, S.W. to P Street,

S.W., the north curb of P Street from South Capitol Street, S.W. to

3rd Street, S.W., and the west curb of 3rd Street from P Street,

S.W. to H Street, N.W.

(c) Authority of Metropolitan Police unaffected

This section does not affect the authority of the Metropolitan

Police force of the District of Columbia with respect to the area

described in subsection (b) of this section.

(d) ''Crime of violence'' defined

As used in this section, the term ''crime of violence'' has the

meaning given that term in section 16 of title 18.

-SOURCE-

(July 31, 1946, ch. 707, Sec. 9B, as added Pub. L. 102-397, title

I, Sec. 101, Oct. 6, 1992, 106 Stat. 1949; amended Pub. L. 104-186,

title II, Sec. 221(13), Aug. 20, 1996, 110 Stat. 1750.)

-COD-

CODIFICATION

Section was classified to section 212a-3 of former Title 40,

prior to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-MISC3-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-186 substituted ''House

Oversight'' for ''House Administration''.

-CHANGE-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1819, 1970, 2021, 2161 of

this title; title 40 sections 5105, 5107, 5109, 8501.

-CITE-

2 USC Sec. 1968 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

SUBCHAPTER II - POWERS AND DUTIES

-HEAD-

Sec. 1968. Citation release

-STATUTE-

(a) In general

The Chief of the Capitol Police, with the approval of the Capitol

Police Board, may designate a member of the Capitol Police to have

responsibility for citation release.

(b) Authority

(1) In the same manner as provided for with respect to an

official of the Metropolitan Police Department of the District of

Columbia under section 23-1110(a) of the District of Columbia Code,

the Superior Court of the District of Columbia shall have the

authority to appoint the member of the Capitol Police designated

under subsection (a) of this section to take bail or collateral

from persons charged with offenses triable in the Superior Court of

the District of Columbia. Pursuant to that authority -

(A) the citation power described in subsection (b) of section

23-1110 of the District of Columbia Code shall be exercised by

such member of the Capitol Police in the same manner as by an

official of the Metropolitan Police Department; and

(B) paragraph (4) of subsection (b) of section 23-1110 of the

District of Columbia Code, relating to failure to appear, shall

apply with respect to citations under subparagraph (A) of this

paragraph.

(2) The United States District Court for the District of Columbia

shall have the power to authorize the member of the Capitol Police

referred to in subsection (a) of this section to take bond from

persons arrested upon writs and process from that court in criminal

cases in the same manner as provided for with respect to an

official of the Metropolitan Police Department of the District of

Columbia under the third sentence of section 23-1110(a) of the

District of Columbia Code.

-SOURCE-

(Pub. L. 104-186, title I, Sec. 108, Aug. 20, 1996, 110 Stat.

1723.)

-COD-

CODIFICATION

Section was classified to section 212a-5 of former Title 40,

prior to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-CITE-

2 USC Sec. 1969 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

SUBCHAPTER II - POWERS AND DUTIES

-HEAD-

Sec. 1969. Regulation of traffic by Capitol Police Board

-STATUTE-

(a) Exclusive charge and control of all vehicular and other traffic

The Capitol Police Board, consisting of the Sergeant at Arms of

the United States Senate, the Sergeant at Arms of the House of

Representatives, and the Architect of the Capitol, shall have

exclusive charge and control of the regulation and movement of all

vehicular and other traffic, including the parking and impounding

of vehicles and limiting the speed thereof, within the United

States Capitol Grounds; and said Board is authorized and empowered

to make and enforce all necessary regulations therefor and to

prescribe penalties for violation of such regulations, such

penalties not to exceed a fine of $300 or imprisonment for not more

than ninety days. Notwithstanding the foregoing provisions of this

section those provisions of the District of Columbia Traffic Act of

1925, as amended, for the violation of which specific penalties are

provided in said Act, as amended, shall be applicable to the United

States Capitol Grounds. Prosecutions for violation of such

regulations shall be in the Superior Court of the District of

Columbia, upon information by the Corporation Counsel of the

District of Columbia or any of his assistants.

(b) Promulgation of regulations

Regulations authorized to be promulgated under this section shall

be promulgated by the Capitol Police Board and such regulations may

be amended from time to time by the Capitol Police Board whenever

it shall deem it necessary: Provided, That until such regulations

are promulgated and become effective, the traffic regulations of

the District of Columbia shall be applicable to the United States

Capitol Grounds.

(c) Printing of regulations and effective dates

All regulations promulgated under the authority of this section

shall, when adopted by the Capitol Police Board, be printed in one

or more of the daily newspapers published in the District of

Columbia, and shall not become effective until the expiration of

ten days after the date of such publication, except that whenever

the Capitol Police Board deems it advisable to make effective

immediately any regulation relating to parking, diverting of

vehicular traffic, or the closing of streets to such traffic, the

regulation shall be effective immediately upon placing at the point

where it is to be in force conspicuous signs containing a notice of

the regulation. Any expenses incurred under this subsection shall

be payable from the appropriation ''Uniforms and Equipment, Capitol

Police''.

(d) Cooperation with Mayor of District of Columbia

It shall be the duty of the Mayor of the District of Columbia, or

any officer or employee of the government of the District of

Columbia designated by said Mayor upon request of the Capitol

Police Board, to cooperate with the Board in the preparation of the

regulations authorized to be promulgated under this section, and

any future amendments thereof.

-SOURCE-

(July 31, 1946, ch. 707, Sec. 14, 60 Stat. 720; July 11, 1947, ch.

221, 61 Stat. 308; Pub. L. 87-873, Sec. 1, Oct. 23, 1962, 76 Stat.

1171; Pub. L. 88-60, Sec. 1, July 8, 1963, 77 Stat. 77; 1967 Reorg.

Plan No. 3, Sec. 401, eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat.

951; Pub. L. 91-358, title I, Sec. 155(a), July 29, 1970, 84 Stat.

570; Pub. L. 93-198, title IV, Sec. 421, title VII, Sec. 739(g)(6),

Dec. 24, 1973, 87 Stat. 789, 829.)

-REFTEXT-

REFERENCES IN TEXT

The District of Columbia Traffic Act of 1925, as amended,

referred to in subsec. (a), is act Mar. 3, 1925, ch. 443, 43 Stat.

1119, as amended, which is not classified to the Code.

-COD-

CODIFICATION

Section was classified to section 212b of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-MISC3-

AMENDMENTS

1973 - Subsec. (a). Pub. L. 93-198, Sec. 739(g)(6), struck out

'', except on those streets and roadways shown on the map referred

to in section 193a of this title as being under the jurisdiction

and control of the Commissioner of the District of Columbia''.

1947 - Subsec. (b). Act July 11, 1947, Sec. 1, struck out

reference to six months after July 31, 1946, as the time for

promulgation of regulations and authorized amendment of

regulations.

Subsec. (c). Act July 11, 1947, Sec. 2, authorized certain

traffic regulations to be effective immediately upon placing

conspicuous signs containing notice of regulations at the places

affected thereby and inserted provision for payment of expenses.

-CHANGE-

CHANGE OF NAME

''District of Columbia Court of General Sessions'' changed to

''Superior Court of the District of Columbia'' pursuant to Pub. L.

91-358, which provided that such change is effective first day of

seventh calendar month which begins after July 29, 1970.

Pub. L. 87-873, Sec. 1, Oct. 23, 1962, 76 Stat. 1171 and Pub. L.

88-60, Sec. 1, July 8, 1963, 77 Stat. 77, both redesignated the

''Municipal Court for the District of Columbia'' as the ''District

of Columbia Court of General Sessions''.

-MISC4-

EFFECTIVE DATE OF 1973 AMENDMENT

Section 771 of Pub. L. 93-198 provided that the amendment made by

Pub. L. 93-198 is effective on Jan. 2, 1975, if a majority of the

registered qualified electors in the District of Columbia voting on

the charter issue in the charter referendum accepted the charter

set out in title IV of Pub. L. 93-198, Dec. 24, 1973, 87 Stat. 785.

The charter was approved by the voters on May 7, 1974.

-TRANS-

TRANSFER OF FUNCTIONS

Except as otherwise provided in Reorg. Plan No. 3, of 1967,

functions of Board of Commissioners of District of Columbia

transferred to Commissioner of District of Columbia by section 401

of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of

Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as

of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec.

24, 1973, 87 Stat. 818, and replaced by office of Mayor of District

of Columbia by section 421 of Pub. L. 93-198. Accordingly,

''Mayor'' substituted in subsec. (d) for ''commissioner''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1819, 1961, 1970, 2021,

2161 of this title; title 40 sections 5105, 5109, 8501.

-CITE-

2 USC Sec. 1970 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

SUBCHAPTER II - POWERS AND DUTIES

-HEAD-

Sec. 1970. Assistance by Executive departments and agencies

-STATUTE-

(a) Assistance

(1) In general

Executive departments and Executive agencies may assist the

United States Capitol Police in the performance of its duties by

providing services (including personnel), equipment, and

facilities on a temporary and reimbursable basis when requested

by the Capitol Police Board and on a permanent and reimbursable

basis upon advance written request of the Capitol Police Board;

except that the Department of Defense and the Coast Guard may

provide such assistance on a temporary basis without

reimbursement when assisting the United States Capitol Police in

its duties directly related to protection under sections 1922,

1961, 1966, 1967, and 1969 of this title and sections 5101 to

5107 and 5109 of title 40. (FOOTNOTE 1) Before making a request

under this paragraph, the Capitol Police Board shall consult with

appropriate Members of the Senate and House of Representatives in

leadership positions, except in an emergency.

(FOOTNOTE 1) See References in Text note below.

(2) Procurement

No services (including personnel), equipment, or facilities may

be ordered, purchased, leased, or otherwise procured for the

purposes of carrying out the duties of the United States Capitol

Police by persons other than officers or employees of the Federal

Government duly authorized by the Chairman of the Capitol Police

Board to make such orders, purchases, leases, or procurements.

(3) Expenditures or obligation of funds

No funds may be expended or obligated for the purpose of

carrying out this section other than funds specifically

appropriated to the Capitol Police Board or the United States

Capitol Police for those purposes with the exception of -

(A) expenditures made by the Department of Defense or the

Coast Guard from funds appropriated to the Department of

Defense or the Coast Guard in providing assistance on a

temporary basis to the United States Capitol Police in the

performance of its duties directly related to protection under

sections 1922, 1961, 1966, 1967, and 1969 of this title and

sections 5101 to 5107 and 5109 of title 40; (FOOTNOTE 1) and

(B) expenditures made by Executive departments and agencies,

in providing assistance at the request of the United States

Capitol Police in the performance of its duties, and which will

be reimbursed by the United States Capitol Police under this

section.

(4) Provision of assistance

Assistance under this section shall be provided -

(A) consistent with the authority of the Capitol Police under

sections 1961 and 1966 of this title;

(B) upon the advance written request of -

(i) the Capitol Police Board; or

(ii) in an emergency -

(I) the Sergeant at Arms and Doorkeeper of the Senate in

any matter relating to the Senate; or

(II) the Sergeant at Arms of the House of Representatives

in any matter relating to the House of Representatives; and

(C)(i) on a temporary and reimbursable basis;

(ii) on a permanent reimbursable basis upon advance written

request of the Capitol Police Board; or

(iii) on a temporary basis without reimbursement by the

Department of Defense and the Coast Guard as described under

paragraph (1).

(b) Reports

(1) Submission

With respect to any fiscal year in which an executive

department or executive agency provides assistance under this

section, the head of that department or agency shall submit a

report not later than 90 days after the end of the fiscal year to

the Chairman of the Capitol Police Board.

(2) Content

The report submitted under paragraph (1) shall contain a

detailed account of all expenditures made by the Executive

department or executive agency in providing assistance under this

section during the applicable fiscal year.

(3) Summary

After receipt of all reports under paragraph (2) with respect

to any fiscal year, the Chairman of the Capitol Police Board

shall submit a summary of such reports to the Committees on

Appropriations of the Senate and the House of Representatives.

(c) Effective date

This section shall take effect on January 10, 2002, and apply to

each fiscal year occurring after such date.

-SOURCE-

(Pub. L. 107-117, div. B, Sec. 911, Jan. 10, 2002, 115 Stat.

2322.)

-REFTEXT-

REFERENCES IN TEXT

Sections 1922, 1961, 1966, 1967, and 1969 of this title and

sections 5101 to 5107 and 5109 of title 40, referred to in subsec.

(a)(1), (3)(A), was in the original a reference to the Act of July

31, 1946 (40 U.S.C. 212a-2), which is act July 31, 1946, ch. 707,

60 Stat. 718, as amended. Sections 9, 9A, 9B, 9C, and 14 of the

Act are classified, respectively, to sections 1961, 1966, 1967,

1922, and 1969 of this title, and section 16(b) of the Act is set

out as a note under section 1961 of this title. Sections 1 to 8,

10 to 13, and 16(a) of the Act, which were classified to sections

193a to 193m of former Title 40, Public Buildings, Property, and

Works, were repealed and reenacted as sections 5101 to 5107 and

5109 of Title 40, Public Buildings, Property, and Works, by Pub. L.

107-217, Sec. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1312, the

first section of which enacted Title 40. Section 5(c) of Pub. L.

107-217, set out as a note preceding section 101 of Title 40,

provides that a reference to a law replaced by section 1 of Pub. L.

107-217 is deemed to refer to the corresponding provision enacted

by Pub. L. 107-217. For complete classification of the act of July

31, 1946, to the Code, see Tables. For disposition of sections of

former Title 40, see table at the beginning of Title 40.

-COD-

CODIFICATION

Section was classified to section 212c of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-CITE-

2 USC Sec. 1971 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

SUBCHAPTER II - POWERS AND DUTIES

-HEAD-

Sec. 1971. Contributions of meals and refreshments during emergency

duty

-STATUTE-

At any time on or after November 12, 2001, the United States

Capitol Police may accept contributions of meals and refreshments

in support of activities of the United States Capitol Police during

a period of emergency (as determined by the Capitol Police Board).

-SOURCE-

(Pub. L. 107-68, title I, Sec. 121, Nov. 12, 2001, 115 Stat. 576.)

-COD-

CODIFICATION

Section was classified to section 206d of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1972 of this title.

-CITE-

2 USC Sec. 1972 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

SUBCHAPTER II - POWERS AND DUTIES

-HEAD-

Sec. 1972. Contributions of comfort and other incidental items and

services during emergency duty

-STATUTE-

In addition to the authority provided under section 1971 of this

title, at any time on or after January 10, 2002, the Capitol Police

Board may accept contributions of comfort and other incidental

items and services to support officers and employees of the United

States Capitol Police while such officers and employees are on duty

in response to emergencies involving the safety of human life or

the protection of property.

-SOURCE-

(Pub. L. 107-117, div. B, Sec. 910, Jan. 10, 2002, 115 Stat.

2322.)

-COD-

CODIFICATION

Section was classified to section 206d-1 of former Title 40,

prior to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-CITE-

2 USC Sec. 1973 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 29 - CAPITOL POLICE

SUBCHAPTER II - POWERS AND DUTIES

-HEAD-

Sec. 1973. Support and maintenance expenditures during emergency

duty

-STATUTE-

At any time on or after November 12, 2001, the Capitol Police

Board may incur obligations and make expenditures out of available

appropriations for meals, refreshments and other support and

maintenance for the Capitol Police when, in the judgment of the

Capitol Police Board, such obligations and expenditures are

necessary to respond to emergencies involving the safety of human

life or the protection of property.

-SOURCE-

(Pub. L. 107-68, title I, Sec. 124, Nov. 12, 2001, 115 Stat. 576.)

-COD-

CODIFICATION

Section was classified to section 206e of former Title 40, prior

to the enactment of Title 40, Public Buildings, Property, and

Works, by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-CITE-