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US House of Representatives
2, 28, §1862
During fiscal year 1997 and fiscal years thereafter, amounts appropriated to the Architect of the Capitol (including amounts relating to the Botanic Garden) may be transferred among accounts available to the Architect of the Capitol upon the approval of— (1) the Committee on Appropriations of the House of Representatives, in the case of amounts transferred from the appropriation for Capitol buildings and grounds under the heading "HOUSE "; OFFICE BUILDINGS (2) the Committee on Appropriations of the Senate, in the case of amounts transferred from the appropriation for Capitol buildings and grounds under the heading "SENATE OFFICE "; and BUILDINGS (3) the Committees on Appropriations of the Senate and the House of Representatives, in the case of amounts transferred from any other appropriation. (Pub. L. 104–197, title III, §306, Sept. 16, 1996, 110 Stat. 2413.) EDITORIAL NOTES CODIFICATION Section was classified to section 166h of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
§1862. Transfer of funds
2024-07-12T00:00:00
28404e36eb196253b299b5c0e187c19a5cba90780db005047b268ac6ba904ac7
US House of Representatives
2, 28, §1863
Any expenditures required to implement the provisions of section 1818 of this title shall be paid from the appropriation "Contingent Expenses, Architect of the Capitol" and any funds appropriated under this head shall hereafter be available for such purpose. (Pub. L. 93–180, §2, Dec. 13, 1973, 87 Stat. 705.) EDITORIAL NOTES CODIFICATION Section was classified to section 166e of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
§1863. Funds out of Contingent Expenses, Architect of the Capitol Appropriation
2024-07-12T00:00:00
bd6986a90b3a2d1b7258724b76f75e7104c1b1ce47d4441c882efa70662314c5
US House of Representatives
2, 28, §1864
On and after October 18, 1986, the Architect of the Capitol may incur expenses authorized by section 1818 of this title to be paid from the appropriation "Capitol Buildings, Architect of the Capitol". (Pub. L. 99–500, §101(j), Oct. 18, 1986, 100 Stat. 1783–287, and Pub. L. 99–591, §101(j), Oct. 30, 1986, 100 Stat. 3341–287, as amended Pub. L. 100–71, title I, July 11, 1987, 101 Stat. 425.) EDITORIAL NOTES CODIFICATION [Release Point 118-70] Section was classified to section 166f of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. Section is based on the words "to hereafter incur expenses authorized by the Act of December 13, 1973 (87 Stat. 704)" appearing under heading "Architect of the Capitol" and subheading "Capitol Buildings" contained in H.R. 5203 (see House Report 99–805 as filed in the House on Aug. 15, 1986), as incorporated by reference in section 101(j) of Pub. L. 99–500 and Pub. L. 99–591, as amended by Pub. L. 100–71, to be effective as if enacted into law.
§1864. Funds out of Capitol Buildings, Architect of the Capitol Appropriation
1973-12-13T00:00:00
fe999e276a415dc64449aa0848d6ef57b88108112890f0c346411cc6054aa573
US House of Representatives
2, 28, §1865
(a) Establishment There is hereby established in the Treasury of the United States an account for the Architect of the Capitol to be known as "Capitol Police Buildings and Grounds" (hereinafter in this section referred to as the "account"). (b) Use of funds Funds in the account shall be used by the Architect of the Capitol for all necessary expenses for— (1) resilience and security programs of the Architect of the Capitol; and (2) the maintenance, care, and operation of buildings, grounds, and security enhancements for facilities of the United States Capitol Police and for other facilities associated with such resilience and security programs at any location. (c) Approval of transfers of appropriations from Legislative Branch agencies (1) For carrying out the purposes of the account, the Architect of the Capitol may receive transfers of appropriations from any agency of the Legislative Branch upon the approval of— (A) the Committee on Appropriations of the House of Representatives, in the case of a transfer from an office of the House of Representatives; (B) the Committee on Appropriations of the Senate, in the case of a transfer from an office of the Senate; or (C) the Committees on Appropriations of the House of Representatives and the Senate, in the case of a transfer from any other office of the Government. (2) Amounts transferred under this subsection shall be merged with the account and made available under this section. (3) This subsection shall apply with respect to fiscal year 2019 and each succeeding fiscal year. (d) Effective date; transfer of funds This section shall apply with respect to fiscal year 2002 and each succeeding fiscal year. Any amounts provided to the Architect of the Capitol prior to August 2, 2002, for the maintenance, care, and operation of buildings of the United States Capitol Police during fiscal year 2002 shall be transferred to the account. (Pub. L. 107–206, title I, §906, Aug. 2, 2002, 116 Stat. 877; Pub. L. 115–244, div. B, title I, §132, Sept. 21, 2018, 132 Stat. 2936.) EDITORIAL NOTES CODIFICATION Section was classified to section 166l of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. AMENDMENTS 2018—Subsecs. (b) to (d). Pub. L. 115–244 added subsec. (c), redesignated former subsec. (c) as (d), and amended subsec. (b) generally. Prior to amendment, text of subsec. (b) read as follows: "Funds in the account shall be used by the Architect of the Capitol for all necessary expenses for the maintenance, care, and [Release Point 118-70] operation of buildings and grounds of the United States Capitol Police."
§1865. Capitol Police Buildings and Grounds Account
2002-08-02T00:00:00
d8a5a7fc865c4e7234517d6ec215927e3a37619a5129a97adf45b77fa1055457
US House of Representatives
2, 28, §1866
It shall not be a duty of the Architect of the Capitol to certify any pay roll or other voucher covering any expenditure from any appropriation for the Senate Office Building, or for any other building or activity, unless the obligation involved was incurred by him or under his direction. (June 8, 1942, ch. 396, 56 Stat. 343.) EDITORIAL NOTES CODIFICATION Section was classified to section 174e of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
§1866. Certification of vouchers
1942-06-08T00:00:00
c05a8ec46a5666eab893d8ffb9e75f460e44248face7db78228476d43228e308
US House of Representatives
2, 28, §1867
and providing certification services therefor On and after November 19, 1995, expenses, based on full cost recovery, for flying American flags and providing certification services therefor shall be advanced or reimbursed upon request of the Architect of the Capitol, and amounts so received shall be deposited into the Treasury. (Pub. L. 104–53, title I, Nov. 19, 1995, 109 Stat. 528.) EDITORIAL NOTES CODIFICATION Section was classified to section 166g of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. STATUTORY NOTES AND RELATED SUBSIDIARIES FLAG OFFICE REVOLVING FUND Pub. L. 115–31, div. I, title I, §1203, May 5, 2017, 131 Stat. 581, provided that: "(a) .—There is established in the Treasury of the United States a revolving fund to be ESTABLISHMENT known as the 'Flag Office Revolving Fund' (in this section referred to as the 'Fund') for services provided by the Flag Office of the Architect of the Capitol (in this section referred to as the 'Flag Office'). "(b) .—The Architect of the Capitol shall deposit any fees charged for services DEPOSIT OF FEES described in subsection (a) into the Fund. "(c) .—The Fund shall consist of the following amounts: CONTENTS OF FUND "(1) Amounts deposited by the Architect of the Capitol under subsection (b). "(2) Any other amounts received by the Architect of the Capitol which are attributable to services provided by the Flag Office. "(3) Such other amounts as may be appropriated under law. "(d) .—Amounts in the Fund shall be available for disbursement by the USE OF AMOUNTS IN FUND Architect of the Capitol, without fiscal year limitation, for expenses in connection with the services provided by the Flag Office, including— "(1) supplies, inventories, equipment, and other expenses; "(2) the reimbursement of any applicable appropriations account for amounts used from such appropriations account to pay the salaries of employees of the Flag Office; and "(3) amounts necessary to carry out the authorized levels in the Fallen Heroes Flag Act of 2016 [2 U.S.C. 1881 et seq.]." [Release Point 118-70]
§1867. Advancement and reimbursement of expenses for flying American flags
2017-05-05T00:00:00
6ecad5361a7245f9691e2d1f357b9bca6166cbbcfd74f76fc8987156d2ea2201
US House of Representatives
2, 28, §1868
(1) Commencing with the semiannual period beginning January 1, 1965 and for each semiannual period thereafter, the Architect of the Capitol shall compile and, not later than sixty days following the close of the semiannual period, submit to the Senate and the House of Representatives a report of all expenditures made from monies appropriated to the Architect of the Capitol, based on payrolls and other vouchers transmitted during such period to the Treasury Department for disbursement, such report to include (1) the name, title, and gross salary payment to each employee; (2) a list of government contributions to retirement, health, insurance, and other similar funds; and (3) name of payee, brief description of service rendered or items furnished under contract, purchase order or other agreement. Such report shall be printed as a Senate document. (2) The report by the Architect of the Capitol under paragraph (1) for the semiannual period beginning on January 1, 1976, shall include the period beginning on July 1, 1976, and ending on September 30, 1976, and such semiannual period shall be treated as closing on September 30, 1976. Thereafter, the report by the Architect of the Capitol under paragraph (1) shall be for the semiannual periods beginning on October 1 and ending on March 31 and beginning on April 1 and ending on September 30 of each year. (Pub. L. 88–454, §105(b), Aug. 20, 1964, 78 Stat. 551; Pub. L. 94–303, title I, §118(c), June 1, 1976, 90 Stat. 616.) EDITORIAL NOTES CODIFICATION Section was classified to section 162b of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. AMENDMENTS 1976—Pub. L. 94–303 designated existing provisions as par. (1) and added par. (2). STATUTORY NOTES AND RELATED SUBSIDIARIES TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in par. (1) of this section relating to the requirement that the Architect of the Capitol submit a semiannual report to the Senate and the House of Representatives, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 1 of House Document No. 103–7.
§1868. Semiannual compilation and report of expenditures
2000-05-15T00:00:00
74216e1a50432e6ac7095ec91896f953f6b9ea93768a4dd85908318ea4ef88ad
US House of Representatives
2, 28, §1869
During fiscal year 2008 and each succeeding fiscal year, following notification of the Committees on Appropriations of the House of Representatives and the Senate, the Architect of the Capitol may make payments in advance for obligations of the Office of the Architect of the Capitol for subscription services if the Architect determines it to be more prompt, efficient, or economical to do so. (Pub. L. 110–161, div. H, title I, §1304, Dec. 26, 2007, 121 Stat. 2242.) EDITORIAL NOTES CODIFICATION Section is from the Legislative Branch Appropriations Act, 2008, which is div. H of the Consolidated Appropriations Act, 2008.
§1869. Advance payments
2024-07-12T00:00:00
2fde31c4d718791ed17440f81a21575513301b5e0ae4f60067295c3632e2e314
US House of Representatives
2, 28, §1870
(a) Establishment There is hereby established in the Treasury of the United States, as an account for the Architect of the Capitol, the House Historic Buildings Revitalization Trust Fund (hereafter in this section referred to as the "Fund"). (b) Use of amounts Amounts in the Fund shall be used by the Architect of the Capitol for the revitalization of the major historical buildings and assets of the House of Representatives which the Architect is responsible for maintaining and preserving, except that the Architect may not obligate any amounts in the Fund without the approval of the Committee on Appropriations of the House of Representatives. (c) Continuing availability of funds Any amounts transferred to and merged with, or otherwise deposited into, the Fund shall remain available until expended. (d) Omitted (e) Effective date This section and the amendment made by this section shall apply with respect to fiscal year 2010 and each succeeding fiscal year. (Pub. L. 111–68, div. A, title I, §1304, Oct. 1, 2009, 123 Stat. 2035.) [Release Point 118-70] EDITORIAL NOTES CODIFICATION Section is comprised of section 1304 of Pub. L. 111–68. Subsec. (d) of section 1304 of Pub. L. 111–68 amended section 5507 of this title. Section is from the Legislative Branch Appropriations Act, 2010, which is div. A of Pub. L. 111–68.
§1870. House Historic Buildings Revitalization Trust Fund
2024-07-12T00:00:00
a9b2cf08a9caf3887bae7616ce5a07e745623fd4939bf64c395e7362883e0423
US House of Representatives
2, 28, §1871
Compensation Fund (a) In general Notwithstanding section 1101, available balances of expired Architect of the Capitol appropriations shall be available to the Architect of the Capitol to make the deposit to the credit of the Employees' Compensation Fund required by section 8147(b) of title 5. (b) Effective date This section shall apply with respect to appropriations for fiscal year 2013 and each year thereafter. (Pub. L. 113–6, div. F, title VI, §1606, Mar. 26, 2013, 127 Stat. 426.) EDITORIAL NOTES REFERENCES IN TEXT Section 1101, referred to in subsec. (a), is section 1101 of title I of div. F of Pub. L. 113—6, Mar. 26, 2013, 127 Stat. 412, which is not classified to the Code.
§1871. Expired appropriations available for deposit into Employees'
2024-07-12T00:00:00
a4b03e81940a283dc1efcf93113dc8c8590733dff74c674a89220648448881d6
US House of Representatives
2, 28, §1872
(a) Available balances of expired Architect of the Capitol appropriations shall be available to the Architect of the Capitol for reimbursing the Federal Employees Compensation Account (as established by section 1109 of title 42) for any amounts paid with respect to unemployment compensation payments for former employees of the Architect of the Capitol, notwithstanding any other provision of law, without regard to the fiscal year for which the obligation to make such payments is incurred. (b) This section shall apply with respect to fiscal year 2017 and each succeeding fiscal year.
§1872. Use of expired funds for unemployment compensation payments
2024-07-12T00:00:00
eb65ee1bba2353127de701590845517f6e06034af7a515658dede093e33b54fb
US House of Representatives
2, 28, §1873
(a) Permitting acceptance of expenses Notwithstanding any other provision of law, the Architect of the Capitol may accept payment or authorize an employee of the Office of the Architect of the Capitol to accept payment on the Office's behalf from non-Federal sources for travel, subsistence, and related expenses with respect to attendance of the employee (or the spouse of such employee) at any meeting or similar function relating to the employee's official duties. Any cash payment so accepted shall be credited to the appropriation applicable to such expenses. In the case of a payment in kind so accepted, a pro rata reduction shall be made in any entitlement of the employee to payment from the Government for such expenses. (b) Prohibiting acceptance from other sources Except as provided in this section or section 7342 of title 5, the Office or an employee of the [Release Point 118-70] Office may not accept payment for expenses referred to in subsection (a). An employee who accepts any payment in violation of the preceding sentence— (1) may be required, in addition to any penalty provided by law, to repay, for deposit in the general fund of the Treasury, an amount equal to the amount of the payment so accepted; and (2) in the case of a repayment under paragraph (1), shall not be entitled to any payment from the Government for such expenses. (c) Effective date This section shall apply with respect to fiscal year 2019 and each succeeding fiscal year. (Pub. L. 115–244, div. B, title I, §135, Sept. 21, 2018, 132 Stat. 2937.) SUBCHAPTER V—CAPITOL-FLOWN FLAGS FOR FAMILIES OF FALLEN HEROES
§1873. Acceptance of travel expenses from non-Federal sources
2024-07-12T00:00:00
0f1b63250e034f45a6a650c508530ee4548160663f5ca8ae93f1d3087c183400
US House of Representatives
2, 28, §1881
In this subchapter— (1) the term "Capitol-flown flag" means a flag of the United States flown over the Capitol in honor of the deceased individual for whom the flag is requested; (2) the terms "chaplain", "firefighter", "law enforcement officer", "member of a rescue squad or ambulance crew", and "public agency" have the meanings given such terms in section 10284 of title 34; (3) the term "immediate family member", with respect to an individual, means— (A) the spouse, parent, brother, sister, or child of the individual or a person to whom the individual stands in loco parentis; or (B) any other person related to the individual by blood or marriage; (4) the term "public safety officer" means an individual serving a public agency in an official capacity, with or without compensation, as a law enforcement officer, as a firefighter, or as a chaplain; and (5) the term "Representative" includes a Delegate or Resident Commissioner to the Congress.
§1881. Definitions
2024-07-12T00:00:00
0c171492f89d74c4957464807f176b7f0cc1b3025c387d81b42d85b3a24fd629
US House of Representatives
2, 29, §1901
There shall be a Capitol police. There shall be a captain of the Capitol police and such other members with such rates of compensation, respectively, as may be appropriated for by Congress from year to year. The Capitol Police shall be headed by a Chief who shall be appointed by the Capitol Police Board and shall serve at the pleasure of the Board. (R.S. §1821; Apr. 28, 1902, ch. 594, 32 Stat. 124; June 28, 1943, ch. 173, title I, 57 Stat. 230; Pub. L. 96–152, §1(a), Dec. 20, 1979, 93 Stat. 1099; Pub. L. 108–7, div. H, title I, §1018(h)(1), Feb. 20, 2003, 117 Stat. 368; Pub. L. 111–145, §6(e)(1)–(3), Mar. 4, 2010, 124 Stat. 54, 55.) EDITORIAL NOTES CODIFICATION Section was classified to section 206 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. Section was a composite of provisions of R.S. §1821, act Apr. 28, 1902, and act June 28, 1943, cited in the credits. Provisions from act Apr. 28, 1902, and act June 28, 1943, were repealed by Pub. L. 111–145, §6(e)(1). R.S. §1821 derived from acts Mar. 2, 1867, ch. 167, §2, 14 Stat. 466; Mar. 3, 1873, ch. 226, 17 Stat. 488. AMENDMENTS 2010—Pub. L. 111–145, §6(e)(3), amended first sentence of R.S. §1821 by striking ", the members of which shall be appointed by the Sergeants-at-Arms of the two Houses and the Architect of the Capitol Extension" after "There shall be a Capitol police". Pub. L. 111–145, §6(e)(2), repealed Pub. L. 108–7, §1018(h)(1), and provided that the sentence repealed by such section is restored to appear at end of section. See 2003 Amendment note below. Pub. L. 111–145, §6(e)(1), struck out "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." after "from year to year." 2003—Pub. L. 108–7, §1018(h)(1), which struck out last sentence which read "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.", was repealed by Pub. L. 111–145, §6(e)(2). 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. STATUTORY NOTES AND RELATED SUBSIDIARIES [Release Point 118-70] EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111–145, §6(d), Mar. 4, 2010, 124 Stat. 54, provided that: "(1) .—Effective as if included in the enactment of the REPEAL OF DUPLICATE PROVISIONS Legislative Branch Appropriations Act, 2008 (Public Law 110–161), section 1004 of such Act [enacting sections 141b and 143c of this title, amending sections 167i, 167j, 182b, 185, and 1961 of this title and sections 5101, 5102, and 5104 of Title 40, Public Buildings, Property, and Works, repealing sections 167 to 167h of this title, enacting provisions set out as notes under this section and sections 167 and 182b of this title, and repealing provisions set out as notes under this section] is repealed, and any provision of law amended or repealed by such section is restored or revived to read as if such section had not been enacted into law. "(2) .—Nothing in paragraph (1) may be construed to prevent the enactment NO EFFECT ON OTHER ACT or implementation of any provision of the U.S. Capitol Police and Library of Congress Police Merger Implementation Act of 2007 (Public Law 110–178) [see Tables for classification], including any provision of such Act that amends or repeals a provision of law which is restored or revived pursuant to paragraph (1)." Pub. L. 111–145, §6(e)(4), Mar. 4, 2010, 124 Stat. 55, provided that: "The amendments made by this subsection [amending this section] shall take effect as if included in the enactment of the Legislative Branch Appropriations Act, 2003 [Pub. L. 108–7, div. H]." EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108–7 effective Feb. 20, 2003, and applicable to fiscal year 2003 and each fiscal year thereafter, see section 1907(i) of this title. EFFECTIVE DATE OF 1979 AMENDMENT Pub. L. 96–152, §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]." SHORT TITLE OF 2021 AMENDMENT Pub. L. 117–77, §1, Dec. 22, 2021, 135 Stat. 1522, provided that: "This Act [enacting section 1901b of this title, amending sections 1970 and 1974 of this title, and enacting provisions set out as a note under section 1970 of this title] may be cited as the 'Capitol Police Emergency Assistance Act of 2021'." SHORT TITLE OF 2017 AMENDMENT Pub. L. 115–45, §1, Aug. 4, 2017, 131 Stat. 956, provided that: "This Act [amending sections 1951, 1952, and 1954 of this title] may be cited as the 'Wounded Officers Recovery Act of 2017'." SHORT TITLE OF 2010 AMENDMENT Pub. L. 111–145, §1, Mar. 4, 2010, 124 Stat. 49, provided that: "This Act [see Tables for classification] may be cited as the 'United States Capitol Police Administrative Technical Corrections Act of 2009'." SHORT TITLE OF 2008 AMENDMENT Pub. L. 110–178, §1, Jan. 7, 2008, 121 Stat. 2546, provided that: "This Act [enacting sections 141b and 143c of this title, amending sections 167i, 167j, 182b, 185, and 1961 of this title and sections 5101, 5102, and 5104 of Title 40, Public Buildings, Property, and Works, repealing sections 167 to 167h of this title, enacting provisions set out as notes under this section and sections 167 and 182b of this title, and repealing provisions set out as notes under this section] may be cited as the 'U.S. Capitol Police and Library of Congress Police Merger Implementation Act of 2007'." SHORT TITLE OF 2007 AMENDMENT Pub. L. 110–161, div. H, title I, §1004(a), Dec. 26, 2007, 121 Stat. 2227, which provided that section 1004 of Pub. L. 110–161 could be cited as the "U.S. Capitol Police and Library of Congress Police Merger Implementation Act of 2007", was repealed by Pub. L. 111–145, §6(d)(1), Mar. 4, 2010, 124 Stat. 54. For identical short title, see above. DESIGNATION OF CAPITOL POLICE WELLNESS PROGRAM Pub. L. 117–31, title III, §301, July 30, 2021, 135 Stat. 313, provided that: "(a) .—The wellness program of the United States Capitol Police shall be known APPLICATION OF LAW and designated as the 'Howard C. Liebengood Center for Wellness'. "(b) .—This section shall apply with respect to fiscal year 2021 and each succeeding EFFECTIVE DATE fiscal year." [Release Point 118-70] CAPITOL POLICE BOARD Pub. L. 108–7, div. H, title I, §1014, Feb. 20, 2003, 117 Stat. 361, which related to composition, mission, and other aspects of the Capitol Police Board, was transferred to section 1901a of this title. TRANSFER OF LIBRARY OF CONGRESS POLICE TO CAPITOL POLICE Pub. L. 110–178, §§2, 3, 8, Jan. 7, 2008, 121 Stat. 2546, 2549, 2554, provided that: "SEC. 2. TRANSFER OF PERSONNEL. "(a) TRANSFERS.— "(1) .—Effective on the employee's transfer date, LIBRARY OF CONGRESS POLICE EMPLOYEES each Library of Congress Police employee shall be transferred to the United States Capitol Police and shall become either a member or civilian employee of the Capitol Police, as determined by the Chief of the Capitol Police under subsection (b). "(2) .—Effective on the employee's LIBRARY OF CONGRESS POLICE CIVILIAN EMPLOYEES transfer date, each Library of Congress Police civilian employee shall be transferred to the United States Capitol Police and shall become a civilian employee of the Capitol Police. "(b) TREATMENT OF LIBRARY OF CONGRESS POLICE EMPLOYEES.— "(1) DETERMINATION OF STATUS WITHIN CAPITOL POLICE.— "(A) .—A Library of ELIGIBILITY TO SERVE AS MEMBERS OF THE CAPITOL POLICE Congress Police employee shall become a member of the Capitol Police on the employee's transfer date if the Chief of the Capitol Police determines and issues a written certification that the employee meets each of the following requirements: "(i) Based on the assumption that such employee would perform a period of continuous Federal service after the transfer date, the employee would be entitled to an annuity for immediate retirement under section 8336(b) or 8412(b) of title 5, United States Code (as determined by taking into account paragraph (3)(A)), on the date such employee becomes 60 years of age. "(ii) During the transition period, the employee successfully completes training, as determined by the Chief of the Capitol Police. "(iii) The employee meets the qualifications required to be a member of the Capitol Police, as determined by the Chief of the Capitol Police. "(B) .—If the Chief of the Capitol SERVICE AS CIVILIAN EMPLOYEE OF CAPITOL POLICE Police determines that a Library of Congress Police employee does not meet the eligibility requirements, the employee shall become a civilian employee of the Capitol Police on the employee's transfer date. "(C) .—Any determination of the Chief of the Capitol FINALITY OF DETERMINATIONS Police under this paragraph shall not be appealable or reviewable in any manner. "(D) .—The Chief of the Capitol Police shall complete DEADLINE FOR DETERMINATIONS the determinations required under this paragraph for all Library of Congress Police employees not later than September 30, 2009. "(2) .—Section 8335(c) or 8425(c) of title 5, EXEMPTION FROM MANDATORY SEPARATION United States Code, shall not apply to any Library of Congress Police employee who becomes a member of the Capitol Police under this subsection, until the earlier of— "(A) the date on which the individual is entitled to an annuity for immediate retirement under section 8336(b) or 8412(b) of title 5, United States Code; or "(B) the date on which the individual— "(i) is 57 years of age or older; and "(ii) is entitled to an annuity for immediate retirement under section 8336(m) or 8412(d) of title 5, United States Code, (as determined by taking into account paragraph (3)(A)). "(3) TREATMENT OF PRIOR CREDITABLE SERVICE FOR RETIREMENT PURPOSES.— "(A) PRIOR SERVICE FOR PURPOSES OF ELIGIBILITY FOR IMMEDIATE RETIREMENT .—Any Library of Congress Police employee who becomes a AS MEMBER OF CAPITOL POLICE member of the Capitol Police under this subsection shall be entitled to have any creditable service under section 8332 or 8411 of title 5, United States Code, that was accrued prior to becoming a member of the Capitol Police included in calculating the employee's service as a member of the Capitol Police for purposes of section 8336(m) or 8412(d) of title 5, United States Code. "(B) .—Any creditable PRIOR SERVICE FOR PURPOSES OF COMPUTATION OF ANNUITY service under section 8332 or 8411 of title 5, United States Code, of an individual who becomes a member of the Capitol Police under this subsection that was accrued prior to becoming a member of the Capitol Police— "(i) shall be treated and computed as employee service under section 8339 or section 8415 of [Release Point 118-70] such title; but "(ii) shall not be treated as service as a member of the Capitol Police or service as a congressional employee for purposes of applying any formula under section 8339(b), 8339(q), 8415(c), or 8415(d) of such title under which a percentage of the individual's average pay is multiplied by the years (or other period) of such service. "(c) DUTIES OF EMPLOYEES TRANSFERRED TO CIVILIAN POSITIONS.— "(1) .—The duties of any individual who becomes a civilian employee of the Capitol Police DUTIES under this section, including a Library of Congress Police civilian employee under subsection (a)(2) and a Library of Congress Police employee who becomes a civilian employee of the Capitol Police under subsection (b)(1)(B), shall be determined solely by the Chief of the Capitol Police, except that a Library of Congress Police civilian employee under subsection (a)(2) shall continue to support Library of Congress police operations until all Library of Congress Police employees are transferred to the United States Capitol Police under this section. "(2) .—Any determination of the Chief of the Capitol Police FINALITY OF DETERMINATIONS under this subsection shall not be appealable or reviewable in any manner. "(d) PROTECTING STATUS OF TRANSFERRED EMPLOYEES.— "(1) .—The transfer of any individual under this NONREDUCTION IN PAY, RANK, OR GRADE section shall not cause that individual to be separated or reduced in basic pay, rank or grade. "(2) .—Any annual leave, sick leave, or other leave, or LEAVE AND COMPENSATORY TIME compensatory time, to the credit of an individual transferred under this section shall be transferred to the credit of that individual as a member or an employee of the Capitol Police (as the case may be). The treatment of leave or compensatory time transferred under this section shall be governed by regulations of the Capitol Police Board. "(3) .—The Chief of the Capitol PROHIBITING IMPOSITION OF PROBATIONARY PERIOD Police may not impose a period of probation with respect to the transfer of any individual who is transferred under this section. "(e) RULES OF CONSTRUCTION RELATING TO EMPLOYEE REPRESENTATION.— "(1) .—Nothing in this Act [see Short Title of 2008 Amendment EMPLOYEE REPRESENTATION note set out above] shall be construed to authorize any labor organization that represented an individual who was a Library of Congress police employee or a Library of Congress police civilian employee before the individual's transfer date to represent that individual as a member of the Capitol Police or an employee of the Capitol Police after the individual's transfer date. "(2) .—Nothing in this Act shall be construed to authorize any AGREEMENTS NOT APPLICABLE collective bargaining agreement (or any related court order, stipulated agreement, or agreement to the terms or conditions of employment) applicable to Library of Congress police employees or to Library of Congress police civilian employees to apply to members of the Capitol Police or to civilian employees of the Capitol Police. "(f) RULE OF CONSTRUCTION RELATING TO PERSONNEL AUTHORITY OF THE CHIEF OF THE .—Nothing in this Act shall be construed to affect the authority of the Chief of the Capitol CAPITOL POLICE Police to— "(1) terminate the employment of a member of the Capitol Police or a civilian employee of the Capitol Police; or "(2) transfer any individual serving as a member of the Capitol Police or a civilian employee of the Capitol Police to another position with the Capitol Police. "(g) .—In this Act, the term 'transfer date' means, with respect to an TRANSFER DATE DEFINED employee— "(1) in the case of a Library of Congress Police employee who becomes a member of the Capitol Police, the first day of the first pay period applicable to members of the United States Capitol Police which begins after the date on which the Chief of the Capitol Police issues the written certification for the employee under subsection (b)(1); "(2) in the case of a Library of Congress Police employee who becomes a civilian employee of the Capitol Police, the first day of the first pay period applicable to employees of the United States Capitol Police which begins after September 30, 2009; or "(3) in the case of a Library of Congress Police civilian employee, the first day of the first pay period applicable to employees of the United States Capitol Police which begins after September 30, 2008. "(h) CANCELLATION IN PORTION OF UNOBLIGATED BALANCE OF FEDLINK REVOLVING .—Amounts available for obligation by the Librarian of Congress as of the date of the enactment of this FUND Act [Jan. 7, 2008] from the unobligated balance in the revolving fund established under section 103 of the [Release Point 118-70] Library of Congress Fiscal Operations Improvement Act of 2000 (2 U.S.C. 182c) for the Federal Library and Information Network program of the Library of Congress and the Federal Research program of the Library of Congress are reduced by a total of $560,000, and the amount so reduced is hereby cancelled. "SEC. 3. TRANSITION PROVISIONS. "(a) TRANSFER AND ALLOCATIONS OF PROPERTY AND APPROPRIATIONS.— "(1) .—Effective on the transfer date of any Library of Congress Police employee and IN GENERAL Library of Congress Police civilian employee who is transferred under this Act [see Short Title of 2008 Amendment note set out above]— "(A) the assets, liabilities, contracts, property, and records associated with the employee shall be transferred to the Capitol Police; and "(B) the unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the employee shall be transferred to and made available under the appropriations accounts for the Capitol Police for 'Salaries' and 'General Expenses', as applicable. "(2) .—During the transition period, the Chief of the Capitol Police and the Librarian JOINT REVIEW of Congress shall conduct a joint review of the assets, liabilities, contracts, property records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the transfer under this Act. "(b) TREATMENT OF ALLEGED VIOLATIONS OF CERTAIN EMPLOYMENT LAWS WITH RESPECT TO TRANSFERRED INDIVIDUALS.— "(1) .—Notwithstanding any other provision of law and except as provided in paragraph IN GENERAL (3), in the case of an alleged violation of any covered law (as defined in paragraph (4)) which is alleged to have occurred prior to the transfer date with respect to an individual who is transferred under this Act, and for which the individual has not exhausted all of the remedies available for the consideration of the alleged violation which are provided for employees of the Library of Congress under the covered law prior to the transfer date, the following shall apply: "(A) The individual may not initiate any procedure which is available for the consideration of the alleged violation of the covered law which is provided for employees of the Library of Congress under the covered law. "(B) To the extent that the individual has initiated any such procedure prior to the transfer date, the procedure shall terminate and have no legal effect. "(C) Subject to paragraph (2), the individual may initiate and participate in any procedure which is available for the resolution of grievances of officers and employees of the Capitol Police under the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) to provide for consideration of the alleged violation. The previous sentence does not apply in the case of an alleged violation for which the individual exhausted all of the available remedies which are provided for employees of the Library of Congress under the covered law prior to the transfer date. "(2) SPECIAL RULES FOR APPLYING CONGRESSIONAL ACCOUNTABILITY ACT OF 1995 .—In applying paragraph (1)(C) with respect to an individual to whom this subsection applies, for purposes of the consideration of the alleged violation under the Congressional Accountability Act of 1995— "(A) the date of the alleged violation shall be the individual's transfer date; "(B) notwithstanding the third sentence of section 402(a) of such Act (2 U.S.C. 1402(a)), the individual's request for counseling under such section shall be made not later than 60 days after the date of the alleged violation; and "(C) the employing office of the individual at the time of the alleged violation shall be the Capitol Police Board. "(3) EXCEPTION FOR ALLEGED VIOLATIONS SUBJECT TO HEARING PRIOR TO .—Paragraph (1) does not apply with respect to an alleged violation for which a hearing has TRANSFER commenced in accordance with the covered law on or before the transfer date. "(4) .—In this subsection, a 'covered law' is any law for which the COVERED LAW DEFINED remedy for an alleged violation is provided for officers and employees of the Capitol Police under the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.). "(c) .—During the transition period, AVAILABILITY OF DETAILEES DURING TRANSITION PERIOD the Chief of the Capitol Police may detail additional members of the Capitol Police to the Library of Congress, without reimbursement. "(d) .—The Memorandum of EFFECT ON EXISTING MEMORANDUM OF UNDERSTANDING Understanding between the Library of Congress and the Capitol Police entered into on December 12, 2004, shall remain in effect during the transition period, subject to— [Release Point 118-70] "(1) the provisions of this Act; and "(2) such modifications as may be made in accordance with the modification and dispute resolution provisions of the Memorandum of Understanding, consistent with the provisions of this Act. "(e) RULE OF CONSTRUCTION RELATING TO PERSONNEL AUTHORITY OF THE LIBRARIAN .—Nothing in this Act shall be construed to affect the authority of the Librarian of Congress OF CONGRESS to— "(1) terminate the employment of a Library of Congress Police employee or Library of Congress Police civilian employee; or "(2) transfer any individual serving in a Library of Congress Police employee position or Library of Congress Police civilian employee position to another position at the Library of Congress. "SEC. 8. DEFINITIONS. "In this Act [see Short Title of 2008 Amendment note set out above]— "(1) the term 'Act of August 4, 1950' means the Act entitled 'An Act relating to the policing of the buildings and grounds of the Library of Congress,' (2 U.S.C. 167 et seq.); "(2) the term 'Library of Congress Police employee' means an employee of the Library of Congress designated as police under the first section of the Act of August 4, 1950 (2 U.S.C. 167); "(3) the term 'Library of Congress Police civilian employee' means an employee of the Library of Congress Office of Security and Emergency Preparedness who provides direct administrative support to, and is supervised by, the Library of Congress Police, but shall not include an employee of the Library of Congress who performs emergency preparedness or collections control and preservation functions; and "(4) the term 'transition period' means the period the first day of which is the date of the enactment of this Act [Jan. 7, 2008] and the final day of which is September 30, 2009." Similar provisions were contained in Pub. L. 110–161, div. H, title I, §1004(b), (c), (h), Dec. 26, 2007, 121 Stat. 2227, 2231, 2236, prior to repeal by Pub. L. 111–145, §6(d)(1), Mar. 4, 2010, 124 Stat. 54. Pub. L. 108–83, title I, §1006, Sept. 30, 2003, 117 Stat. 1023, as amended by Pub. L. 108–447, div. G, title I, §1002, Dec. 8, 2004, 118 Stat. 3179; Pub. L. 109–55, title I, §1006(a), Aug. 2, 2005, 119 Stat. 576, related to the effective and efficient transfer of Library of Congress Police to Capitol Police under section 1015 of Pub. L. 108–7, prior to repeal by Pub. L. 110–161, div. H, title I, §1004(g), Dec. 26, 2007, 121 Stat. 2236, and Pub. L. 110–178, §7, Jan. 7, 2008, 121 Stat. 2554, effective Oct. 1, 2009. Pub. L. 110–161, §1004, was repealed by Pub. L. 111–145, §6(d)(1), Mar. 4, 2010, 124 Stat. 54. Pub. L. 108–7, div. H, title I, §1015, Feb. 20, 2003, 117 Stat. 362, related to the transfer of Library of Congress Police to the United States Capitol Police, prior to repeal by Pub. L. 110–161, div. H, title I,
§1901. Establishment; officer appointments
2009-09-30T00:00:00
c99f1d4fa42be00b2cdcb08ec0b067bdd7fd2f3b20b0e2f32f4d7e8d7edd34fd
US House of Representatives
2, 29, §1902
The annual rate of pay for the Chief of the Capitol Police shall be the amount equal to the annual rate of basic pay for level II of the Executive Schedule under section 5313 of title 5. (Pub. L. 96–152, §1(c), Dec. 20, 1979, 93 Stat. 1099; Pub. L. 106–554, §1(a)(2) [title I, §109(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–107; Pub. L. 107–117, div. B, §907(a), Jan. 10, 2002, 115 Stat. 2319; Pub. L. 108–7, div. H, title I, §1013(a), Feb. 20, 2003, 117 Stat. 361; Pub. L. 116–94, div. E, title II, §212(a)(3)(E), Dec. 20, 2019, 133 Stat. 2775; Pub. L. 117–103, div. I, title II, §212(b), Mar. 15, 2022, 136 Stat. 526.) EDITORIAL NOTES CODIFICATION Section was classified to section 206–1 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. AMENDMENTS 2022—Subsec. (c). Pub. L. 117–103 substituted "the annual rate of basic pay for level II of the Executive Schedule under section 5313 of title 5." for "$1,000 less than the maximum rate of pay in effect under section 4575(f) of this title." 2019—Pub. L. 116–94 substituted "the maximum rate of pay in effect under section 4575(f) of this title." for "the lower of the annual rate of pay in effect for the Sergeant-at-Arms of the House of Representatives or the annual rate of pay in effect for the Sergeant-at-Arms and Doorkeeper of the Senate." 2003—Pub. L. 108–7 amended section generally. Prior to amendment, section read as follows: "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." 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". STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–103 effective on the first day of the first applicable pay period beginning on or after Mar. 15, 2022, see section 212(c) of Pub. L. 117–103, set out as a note under section 1802 of this title. EFFECTIVE DATE OF 2019 AMENDMENT Amendment by Pub. L. 116–94 effective on the later of the first day of the first applicable pay period beginning on or after Jan. 1, 2020, or the first day of the first applicable pay period beginning on or after Dec. 20, 2019, see section 212(c) of Pub. L. 116–94, set out as a note under section 282b of this title. EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108–7, div. H, title I, §1013(d), Feb. 20, 2003, 117 Stat. 361, provided that: "The amendments made by this section [amending this section, section 1903 of this title, and provisions set out as a note under section 1901 of this title] shall apply with respect to the first pay period beginning on or after the date of the enactment of this Act [Feb. 20, 2003]." EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–117, div. B, §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 [Release Point 118-70] 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, §1(a)(2) [title I, §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.
§1902. Compensation of Chief
2024-07-12T00:00:00
18fd0390544a4598b72960311917ef1794843205becd6c9190d6b2e39e1a32cb
US House of Representatives
2, 29, §1903
(a) Chief Administrative Officer (1) Establishment There shall be within the United States Capitol Police an Office of Administration, to be headed by the Chief Administrative Officer, who shall report to and serve at the pleasure of the Chief of the Capitol Police. (2) Appointment The Chief Administrative Officer shall be appointed by the Chief of the United States Capitol Police, after consultation with the Capitol Police Board, without regard to political affiliation and solely on the basis of fitness to perform the duties of the position. (3) Compensation The annual rate of pay for the Chief Administrative Officer shall be the amount equal to $1,000 less than the annual rate of pay in effect for the Chief of the Capitol Police. (b) Responsibilities The Chief Administrative Officer shall have the following areas of responsibility: (1) Budgeting The Chief Administrative Officer shall— (A) prepare and submit to the Capitol Police Board an annual budget for the Capitol Police; and (B) execute the budget and monitor through periodic examinations the execution of the Capitol Police budget in relation to actual obligations and expenditures. (2) Financial management The Chief Administrative Officer shall— (A) oversee all financial management activities relating to the programs and operations of the Capitol Police; (B) develop and maintain an integrated accounting and financial system for the Capitol Police, including financial reporting and internal controls, which— (i) complies with applicable accounting principles, standards, and requirements, and internal control standards; (ii) complies with any other requirements applicable to such systems; and (iii) provides for— (I) complete, reliable, consistent, and timely information which is prepared on a uniform basis and which is responsive to financial information needs of the Capitol Police; (II) the development and reporting of cost information; (III) the integration of accounting and budgeting information; and (IV) the systematic measurement of performance; [Release Point 118-70] (C) direct, manage, and provide policy guidance and oversight of Capitol Police financial management personnel, activities, and operations, including— (i) the recruitment, selection, and training of personnel to carry out Capitol Police financial management functions; and (ii) the implementation of Capitol Police asset management systems, including systems for cash management, debt collection, and property and inventory management and control; and (D) Prepare annual financial statements for the Capitol Police, and such financial statements 1 shall be audited by the Inspector General of the Capitol Police or by an independent public accountant, as determined by the Inspector General. (3) Information technology The Chief Administrative Officer shall— (A) direct, coordinate, and oversee the acquisition, use, and management of information technology by the Capitol Police; (B) promote and oversee the use of information technology to improve the efficiency and effectiveness of programs of the Capitol Police; and (C) establish and enforce information technology principles, guidelines, and objectives, including developing and maintaining an information technology architecture for the Capitol Police. (4) Human resources The Chief Administrative Officer shall— (A) direct, coordinate, and oversee human resources management activities of the Capitol Police; (B) develop and monitor payroll and time and attendance systems and employee services; and (C) develop and monitor processes for recruiting, selecting, appraising, and promoting employees. (Pub. L. 106–554, §1(a)(2) [title I, §108], Dec. 21, 2000, 114 Stat. 2763, 2763A–104; Pub. L. 106–346, §101(a) [title V, §507(a)], Oct. 23, 2000, 114 Stat. 1356, 1356A–55; Pub. L. 107–68, title I, §122(a), Nov. 12, 2001, 115 Stat. 576; Pub. L. 108–7, div. H, title I, §1013(c), Feb. 20, 2003, 117 Stat. 361; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814; Pub. L. 109–55, title I, §1004(g), Aug. 2, 2005, 119 Stat. 575; Pub. L. 111–145, §§2(a)(1), (2), 6(a), Mar. 4, 2010, 124 Stat. 49, 54.) EDITORIAL NOTES CODIFICATION Section was classified to section 206a–9 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. AMENDMENTS 2010—Subsec. (a). Pub. L. 111–145, §2(a)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) related to the establishment of the Office of Administration and the appointment and compensation of the Chief Administrative Officer. Subsec. (c). Pub. L. 111–145, §2(a)(2), struck out subsec. (c) which related to the Chief Administrative Officer's employment of personnel and access to resources of other agencies. Subsecs. (d) to (g). Pub. L. 111–145, §6(a), struck out subsecs. (d) to (g) which related to a plan for office policies, procedures, and actions, a report on progress made in such planning, submission of the plan and report to the appropriate congressional committees, and termination of the role of the Comptroller General. 2005—Subsec. (b)(2)(D). Pub. L. 109–55 amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: "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." 2004—Subsec. (a)(5). Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office". [Release Point 118-70] 2003—Subsec. (a)(4). Pub. L. 108–7 amended par. (4) generally. Prior to amendment, par. (4) read as follows: "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." 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. STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE OF 2005 AMENDMENT Amendment by Pub. L. 109–55 effective Aug. 2, 2005, see section 1909(f) of this title. EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108–7 applicable with respect to the first pay period beginning on or after Feb. 20, 2003, see section 1013(d) of Pub. L. 108–7, set out as a note under section 1902 of this title. EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107–68, title I, §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, §101(a) [title V, §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]." CONSTRUCTION OF 2010 AMENDMENT Pub. L. 111–145, §2(a)(6), Mar. 4, 2010, 124 Stat. 50, provided that: "Nothing in the amendments made by this subsection [amending this section and sections 1301, 1904, and 1907 of this title and repealing sections 1928 and 1929 of this title] may be construed to affect the status of any individual serving as an officer or employee of the United States Capitol Police as of the date of the enactment of this Act [Mar. 4, 2010]." So in original. Probably should not be capitalized. 1
§1903. Chief Administrative Officer
2004-07-07T00:00:00
bbfcb161a245536efc3761305a215e36a36896ca31335ff9bd6a4a709c008de2
US House of Representatives
2, 29, §1904
(a) Appointment of certifying officers of the Capitol Police The Chief Administrative Officer of the United States Capitol Police, or when there is not a Chief Administrative Officer, the Chief of the Capitol Police, shall appoint certifying officers to certify all vouchers for payment from funds made available to the United States Capitol Police. (b) Responsibility and accountability of certifying officers (1) In general Each officer or employee of the Capitol Police who has been duly authorized in writing by the Chief Administrative Officer, or the Chief of the Capitol Police if there is not a Chief [Release Point 118-70] Administrative Officer, to certify vouchers pursuant to subsection (a) shall— (A) be held responsible for the existence and correctness of the facts recited in the certificate or otherwise stated on the voucher or its supporting papers and for the legality of the proposed payment under the appropriation or fund involved; (B) be held responsible and accountable for the correctness of the computations of certified vouchers; and (C) be held accountable for and required to make good to the United States the amount of any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate made by such officer or employee, as well as for any payment prohibited by law or which did not represent a legal obligation under the appropriation or fund involved. (2) Relief by Comptroller General The Comptroller General may, at the Comptroller General's discretion, relieve such certifying officer or employee of liability for any payment otherwise proper if the Comptroller General finds— (A) that the certification was based on official records and that the certifying officer or employee did not know, and by reasonable diligence and inquiry could not have ascertained, the actual facts; or (B) that the obligation was incurred in good faith, that the payment was not contrary to any statutory provision specifically prohibiting payments of the character involved, and the United States has received value for such payment. (c) Enforcement of liability The liability of the certifying officers of the United States Capitol Police shall be enforced in the same manner and to the same extent as currently provided with respect to the enforcement of the liability of disbursing and other accountable officers, and such officers shall have the right to apply for and obtain a decision by the Comptroller General on any question of law involved in a payment on any vouchers presented to them for certification. (Pub. L. 106–554, §1(a)(2) [title I, §107], Dec. 21, 2000, 114 Stat. 2763, 2763A–103; Pub. L. 111–145, §2(a)(3), Mar. 4, 2010, 124 Stat. 49.) EDITORIAL NOTES CODIFICATION Section was classified to section 207d of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. AMENDMENTS 2010—Subsecs. (a), (b)(1). Pub. L. 111–145 substituted "the Chief of the Capitol Police" for "the Capitol Police Board".
§1904. Certifying officers
2024-07-12T00:00:00
4512fc54303add64959f6931f27c86d22a5f4ec87aabb7aaed69a6a80ea6a867
US House of Representatives
2, 29, §1905
(a)(1) Any funds received by the Capitol Police as reimbursement for law enforcement assistance from any Federal, State, or local government agency (including any agency of the District of Columbia), and from any other source in the case of assistance provided in connection with an activity that was not sponsored by Congress shall be deposited in the United States Treasury for credit to the appropriation for "general expenses" under the heading "United States Capitol Police", or "security enhancements" under the heading "United States Capitol Police". (2) Funds deposited under this subsection may be expended by the Chief of the United States Capitol Police for any authorized purpose, including overtime pay expenditures relating to any law enforcement assistance for which reimbursement described in paragraph (1) is made, and shall remain available until expended. (b) This section shall take effect on July 24, 2001, and shall apply to fiscal year 2001 and each [Release Point 118-70] fiscal year thereafter. (Pub. L. 107–20, title II, §2802, July 24, 2001, 115 Stat. 184; Pub. L. 111–145, §2(b)(1), Mar. 4, 2010, 124 Stat. 51; Pub. L. 114–113, div. I, title I, §1001(a), (b), Dec. 18, 2015, 129 Stat. 2663.) EDITORIAL NOTES CODIFICATION Section was classified to section 207e of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. Section is from the Supplemental Appropriations Act, 2001. AMENDMENTS 2015—Subsec. (a)(1). Pub. L. 114–113, §1001(a), substituted "District of Columbia), and from any other source in the case of assistance provided in connection with an activity that was not sponsored by Congress" for "District of Columbia)". Subsec. (a)(2). Pub. L. 114–113, §1001(b), substituted "any law enforcement assistance for which reimbursement described in paragraph (1) is made" for "law enforcement assistance to any Federal, State, or local government agency (including any agency of the District of Columbia)". 2010—Subsec. (a)(1). Pub. L. 111–145, §2(b)(1)(A), substituted "United States Capitol Police" for "Capitol Police Board" in two places. Subsec. (a)(2). Pub. L. 111–145, §2(b)(1)(B), substituted "Chief of the United States Capitol Police" for "Capitol Police Board". STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE OF 2015 AMENDMENT Pub. L. 114–113, div. I, title I, §1001(c), Dec. 18, 2015, 129 Stat. 2663, provided that: "The amendments made by this section [amending this section] shall only apply with respect to any reimbursement received before, on, or after the date of the enactment of the Act [Dec. 18, 2015]." EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111–145, §2(b)(2), Mar. 4, 2010, 124 Stat. 51, provided that: "The amendments made by paragraph (1) [amending this section] shall take effect as if included in the enactment of the Supplemental Appropriations Act, 2001 [Pub. L. 107–20]."
§1905. Deposit and use of reimbursements for law enforcement assistance
2001-07-24T00:00:00
6c1aa361966ccfab8761fadd1fd02dee7885726da767ffc593ac3a34d430b781
US House of Representatives
2, 29, §1906
(a) In general Within the limits of available appropriations, the Capitol Police may dispose of surplus or obsolete property of the Capitol Police, and property which is in the possession of the Capitol Police because it has been disposed, forfeited, voluntarily abandoned, or unclaimed, by interagency transfer, donation, sale, trade-in, or other appropriate method. (b) Amounts received Any amounts received by the Capitol Police from the disposition of property under subsection (a) shall be credited to the account established for the general expenses of the Capitol Police, and shall be available to carry out the purposes of such account during the fiscal year in which the amounts are received and the following fiscal year. (c) Effective date This section shall apply to fiscal year 2003 and each fiscal year thereafter. (Pub. L. 108–7, div. H, title I, §1003, Feb. 20, 2003, 117 Stat. 357; Pub. L. 115–31, div. I, title I,
§1906. Disposal of surplus property
2024-07-12T00:00:00
e9b2184cdfc96be765faca46aa62bec6d6045a45f12602a86d5b76386658d57b
US House of Representatives
2, 29, §1907
(a) In general (1) Disbursing officer The Chief of the Capitol Police shall be the disbursing officer for the Capitol Police. Any reference in any law or resolution before February 20, 2003, to funds paid or disbursed by the Chief Administrative Officer of the House of Representatives and the Secretary of the Senate relating to the pay and allowances of Capitol Police employees shall be deemed to refer to the Chief of the Capitol Police. (2) Transfer Any statutory function, duty, or authority of the Chief Administrative Officer of the House of Representatives or the Secretary of the Senate as disbursing officers for the Capitol Police shall transfer to the Chief of the Capitol Police as the single disbursing officer for the Capitol Police. (3) Continuity of function during transition Until such time as the Chief notifies the Chief Administrative Officer of the House of Representatives and the Secretary of the Senate that systems are in place for discharging the disbursing functions under this subsection, the House of Representatives and the Senate shall continue to serve as the disbursing authority on behalf of the Capitol Police. (b) Treasury accounts (1) Salaries (A) In general There is established in the Treasury of the United States a separate account for the Capitol Police, into which shall be deposited appropriations received by the Chief of the Capitol Police and available for the salaries of the Capitol Police. (B) Transfer authority during transition Until such time as the Chief notifies the Chief Administrative Officer of the House of Representatives and the Secretary of the Senate that systems are in place for discharging the disbursing functions under subsection (a), the Chief shall have the authority to transfer amounts in the account to the House of Representatives and the Senate to the extent necessary to enable the Chief Administrative Officer of the House of Representatives and the Secretary of the Senate to continue to serve as the disbursing authority on behalf of the Capitol Police pursuant to subsection (a)(3). (2) General expenses There is established in the Treasury of the United States a separate account for the Capitol Police, into which shall be deposited appropriations received by the Chief of the Capitol Police and available for the general expenses of the Capitol Police. (c) Transfer of funds, assets, accounts, records, and authority (1) In general The Chief Administrative Officer of the House of Representatives and the Secretary of the Senate are authorized and directed to transfer to the Chief of the Capitol Police all funds, assets, accounts, and copies of original records of the Capitol Police that are in the possession or under [Release Point 118-70] the control of the Chief Administrative Officer of the House of Representatives or the Secretary of the Senate in order that all such items may be available for the unified operation of the Capitol Police. Any funds so transferred shall be deposited in the Treasury accounts established under subsection (b) and be available to the Chief of the Capitol Police for the same purposes as, and in like manner and subject to the same conditions as, the funds prior to the transfer. (2) Existing transfer authority Any transfer authority existing before February 20, 2003, granted to the Chief Administrative Officer of the House of Representatives or the Secretary of the Senate for salaries, expenses, and operations of the Capitol Police shall be transferred to the Chief of the Capitol Police. (d) Unexpended balances Except as may otherwise be provided in law, the unexpended balances of appropriations for the fiscal year 2003 and succeeding fiscal years that are subject to disbursement by the Chief of the Capitol Police shall be withdrawn as of September 30 of the fifth fiscal year following the period or year for which provided. Unpaid obligations chargeable to any of the balances so withdrawn or appropriations for prior years shall be liquidated from any appropriations for the same general purpose, which, at the time of payment, are available for disbursement. (e) Hiring authority; eligibility for same benefits as House employees (1) Authority (A) In general The Chief of the Capitol Police, in carrying out the duties of office, is authorized to appoint, hire, suspend with or without pay, discipline, discharge, and set the terms, conditions, and privileges of employment of employees of the Capitol Police, subject to and in accordance with applicable laws and regulations. (B) Special rule for terminations The Chief may terminate an officer, member, or employee only after the Chief has provided notice of the termination to the Capitol Police Board (in such manner as the Board may from time to time require) and the Board has approved the termination, except that if the Board has not disapproved the termination prior to the expiration of the 30-day period which begins on the date the Board receives the notice, the Board shall be deemed to have approved the termination. (C) Notice or approval The Chief of the Capitol Police shall provide notice or receive approval, as required by the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives, as each Committee determines appropriate for— (i) the exercise of any authority under subparagraph (A); or (ii) the establishment of any new position for officers, members, or employees of the Capitol Police, for reclassification of existing positions, for reorganization plans, or for hiring, termination, or promotion for officers, members, or employees of the Capitol Police. (2) Benefits Employees of the Capitol Police who are appointed by the Chief under the authority of this subsection shall be subject to the same type of benefits (including the payment of death gratuities, the withholding of debt, and health, retirement, Social Security, and other applicable employee benefits) as are provided to employees of the House of Representatives, and any such individuals serving as employees of the Capitol Police as of February 20, 2003, shall be subject to the same rules governing rights, protections, pay, and benefits in effect immediately before such date until such rules are changed under applicable laws or regulations. (f) Repealed. Pub. L. 113–76, div. I, title I, §1002(b), Jan. 17, 2014, 128 Stat. 424 (g) Effect on existing law [Release Point 118-70] (1) In general The provisions of this section shall not be construed to reduce the pay or benefits of any employee of the Capitol Police whose pay was disbursed by the Chief Administrative Officer of the House of Representatives or the Secretary of the Senate before February 20, 2003. (2) Superseding provisions All provisions of law inconsistent with this section are hereby superseded to the extent of the inconsistency. (h) Omitted (i) Effective date This section and the amendments made by this section shall take effect on February 20, 2003, and shall apply to fiscal year 2003 and each fiscal year thereafter. (Pub. L. 108–7, div. H, title I, §1018, Feb. 20, 2003, 117 Stat. 366; Pub. L. 111–145, §2(a)(4)(A), Mar. 4, 2010, 124 Stat. 49; Pub. L. 113–76, div. I, title I, §1002(b), Jan. 17, 2014, 128 Stat. 424.) EDITORIAL NOTES REFERENCES IN TEXT For the amendments made by this section, referred to in subsec. (i), see Codification note below. CODIFICATION Section is comprised of section 1018 of div. H of Pub. L. 108–7. Subsec. (h) of section 1018 of Pub. L. 108–7 amended sections 1901 and 1905a of this title and repealed section 1921 of this title. Section is from the Legislative Branch Appropriations Act, 2003, which is div. H of Pub. L. 108–7. AMENDMENTS 2014—Pub. L. 113–76 struck out subsec. (f) which established a worker's compensation account for the Capitol Police. 2010—Subsec. (e)(1). Pub. L. 111–145 added par. (1) and struck out former par. (1) which authorized the Chief of the Capitol Police to appoint, hire, discharge, and set the terms, conditions, and privileges of employment of employees of the Capitol Police, subject to review and approval. STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE OF 2014 AMENDMENT Pub. L. 113–76, div. I, title I, §1002(c), Jan. 17, 2014, 128 Stat. 424, provided that: "This section [enacting section 1907b of this title and amending this section] shall apply with respect to appropriations for fiscal year 2014 and each fiscal year thereafter."
§1907. Transfer of disbursing function
2003-02-20T00:00:00
a5932cf97e9874e6fc519babf5276cfa81061ae6e9c957c0646496569868dade
US House of Representatives
2, 29, §1908
(a) In general (1) Authorization of representation Any counsel described under paragraph (2) may for the purposes of providing legal assistance and representation to the United States Capitol Police Board or the United States Capitol Police enter an appearance in any proceeding before any court of the United States or of any State or political subdivision thereof, without compliance with any requirement for admission to practice before such court. (2) Counsel Paragraph (1) refers to— (A) the General Counsel to the Chief of Police and the United States Capitol Police; (B) the Employment Counsel to the Chief of Police and the United States Capitol Police; (C) any attorney employed in the Office of the General Counsel for the United States Capitol Police or the Office of Employment Counsel for the United States Capitol Police; (D) the counsel for, or any attorney employed by, any successor office of either office described under subparagraph (C); and (E) any attorney retained by contract with either office described under subparagraph (C). (b) Limitations (1) Direction for appearance Entrance of appearance authorized under subsection (a) shall be subject to the direction of the Capitol Police Board. (2) United States Supreme Court The authority under subsection (a) shall not apply with respect to the admission of any person to practice before the United States Supreme Court. (c) Effective date This section shall apply to fiscal year 2004, and each fiscal year thereafter. (Pub. L. 108–83, title I, §1002, Sept. 30, 2003, 117 Stat. 1020; Pub. L. 111–145, §§3(b)(1), 4(a)(1), Mar. 4, 2010, 124 Stat. 52.) EDITORIAL NOTES CODIFICATION Section is from the Legislative Branch Appropriations Act, 2004. AMENDMENTS 2010—Subsec. (a)(2)(A). Pub. L. 111–145, §3(b)(1), substituted "the General Counsel to the Chief of Police and the United States Capitol Police" for "the General Counsel for the United States Capitol Police Board and the Chief of the Capitol Police". Subsec. (a)(2)(B). Pub. L. 111–145, §4(a)(1), substituted "the Employment Counsel to the Chief of Police and the United States Capitol Police" for "the Employment Counsel for the United States Capitol Police Board [Release Point 118-70] and the United States Capitol Police". STATUTORY NOTES AND RELATED SUBSIDIARIES CONSTRUCTION OF 2010 AMENDMENT Pub. L. 111–145, §3(b)(2), Mar. 4, 2010, 124 Stat. 52, provided that: "Nothing in the amendment made by paragraph (1) [amending this section] may be construed to affect the authority of any individual to enter an appearance in any proceeding before any court of the United States or of any State or political subdivision thereof which is initiated prior to the date of the enactment of this Act [Mar. 4, 2010]." Pub. L. 111–145, §4(a)(2), Mar. 4, 2010, 124 Stat. 52, provided that: "Nothing in the amendment made by paragraph (1) [amending this section] may be construed to affect the authority of any individual to enter an appearance in any proceeding before any court of the United States or of any State or political subdivision thereof which is initiated prior to the date of the enactment of this Act [Mar. 4, 2010]." Pub. L. 111–145, §4(b), Mar. 4, 2010, 124 Stat. 52, provided that: "Nothing in this section [amending this section and enacting provisions set out as a note above] or the amendments made by this section may be construed to affect the status of the individual serving as the Employment Counsel to the Chief of Police and the United States Capitol Police as of the date of the enactment of this Act [Mar. 4, 2010]."
§1908. Legal representation authority
2024-07-12T00:00:00
5d191ad956ef4db0a240cc61138ea398fb845adda4025314afcceae4d5610d57
US House of Representatives
2, 29, §1909
(a) Establishment of Office There is established in the United States Capitol Police the Office of the Inspector General (hereafter in this section referred to as the "Office"), headed by the Inspector General of the United States Capitol Police (hereafter in this section referred to as the "Inspector General"). (b) Inspector General (1) Appointment The Inspector General shall be appointed by, and under the general supervision of, the Capitol Police Board. The appointment shall be made in consultation with the Inspectors General of the Library of Congress, Government Publishing Office, and the Government Accountability Office. The Capitol Police Board shall appoint the Inspector General without regard to political affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. (2) Term of service The Inspector General shall serve for a term of 5 years, and an individual serving as Inspector General may be reappointed for not more than 2 additional terms. (3) Removal The Inspector General may be removed from office prior to the expiration of his term only by the unanimous vote of all of the voting members of the Capitol Police Board, and the Board shall communicate the reasons for any such removal to the Committee on House Administration, the Senate Committee on Rules and Administration and the Committees on Appropriations of the House of Representatives and of the Senate. (4) Salary The Inspector General shall be paid at an annual rate equal to $1,000 less than the annual rate of pay in effect for the Chief of the Capitol Police. (5) Deadline The Capitol Police Board shall appoint the first Inspector General under this section not later than 180 days after August 2, 2005. (c) Duties (1) Applicability of duties of Inspector General of executive branch establishment [Release Point 118-70] The Inspector General shall carry out the same duties and responsibilities with respect to the United States Capitol Police as an Inspector General of an establishment carries out with respect to an establishment under section 404 of title 5, under the same terms and conditions which apply under such section. (2) Semiannual reports The Inspector General shall prepare and submit semiannual reports summarizing the activities of the Office in the same manner, and in accordance with the same deadlines, terms, and conditions, as an Inspector General of an establishment under section 405 (other than subsection (b)(13) thereof) of title 5. For purposes of applying section 405 of such title to the Inspector General, the Chief of the Capitol Police shall be considered the head of the establishment. The Chief shall, within 30 days of receipt of a report, report to the Capitol Police Board, the Committee on House Administration, the Senate Committee on Rules and Administration, and the Committees on Appropriations of the House of Representatives and of the Senate consistent with section 405(c) of such title. (3) Investigations of complaints of employees and members (A) Authority The Inspector General may receive and investigate complaints or information from an employee or member of the Capitol Police concerning the possible existence of an activity constituting a violation of law, rules, or regulations, or mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to the public health and safety, including complaints or information the investigation of which is under the jurisdiction of the Internal Affairs Division of the Capitol Police as of August 2, 2005. (B) Nondisclosure The Inspector General shall not, after receipt of a complaint or information from an employee or member, disclose the identity of the employee or member without the consent of the employee or member, unless required by law or the Inspector General determines such disclosure is otherwise unavoidable during the course of the investigation. (C) Prohibiting retaliation An employee or member of the Capitol Police who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or threaten to take any action against any employee or member as a reprisal for making a complaint or disclosing information to the Inspector General, unless the complaint was made or the information disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. (4) Independence in carrying out duties Neither the Capitol Police Board, the Chief of the Capitol Police, nor any other member or employee of the Capitol Police may prevent or prohibit the Inspector General from carrying out any of the duties or responsibilities assigned to the Inspector General under this section. (d) Powers (1) In general The Inspector General may exercise the same authorities with respect to the United States Capitol Police as an Inspector General of an establishment may exercise with respect to an establishment under section 406(a) of title 5, other than paragraphs (7) and (8) of such section. (2) Staff (A) In general The Inspector General may appoint and fix the pay of such personnel as the Inspector General considers appropriate. Such personnel may be appointed without regard to the provisions of title 5 regarding appointments in the competitive service, and may be paid without [Release Point 118-70] regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no personnel of the Office (other than the Inspector General) may be paid at an annual rate greater than $500 less than the annual rate of pay of the Inspector General under subsection (b)(4). (B) Experts and consultants The Inspector General may procure temporary and intermittent services under section 3109 of title 5 at rates not to exceed the daily equivalent of the annual rate of basic pay for level IV of the Executive Schedule under section 5315 of such title. (C) Independence in appointing staff No individual may carry out any of the duties or responsibilities of the Office unless the individual is appointed by the Inspector General, or provides services procured by the Inspector General, pursuant to this paragraph. Nothing in this subparagraph may be construed to prohibit the Inspector General from entering into a contract or other arrangement for the provision of services under this section. (D) Applicability of Capitol Police personnel rules None of the regulations governing the appointment and pay of employees of the Capitol Police shall apply with respect to the appointment and compensation of the personnel of the Office, except to the extent agreed to by the Inspector General. Nothing in the previous sentence may be construed to affect subparagraphs (A) through (C). (3) Equipment and supplies The Chief of the Capitol Police shall provide the Office with appropriate and adequate office space, together with such equipment, supplies, and communications facilities and services as determined by the Inspector General to be necessary for the operation of the Office, and shall provide necessary maintenance services for such office space and the equipment and facilities located therein. (e) Transfer of functions (1) Transfer To the extent that any office or entity in the Capitol Police prior to the appointment of the first Inspector General under this section carried out any of the duties and responsibilities assigned to the Inspector General under this section, the functions of such office or entity shall be transferred to the Office upon the appointment of the first Inspector General under this section. (2) No reduction in pay or benefits The transfer of the functions of an office or entity to the Office under paragraph (1) may not result in a reduction in the pay or benefits of any employee of the office or entity, except to the extent required under subsection (d)(2)(A). (f) Effective date This section shall be effective on August 2, 2005. (Pub. L. 109–55, title I, §1004, Aug. 2, 2005, 119 Stat. 572; Pub. L. 113–235, div. H, title I,
§1909. Inspector General for the United States Capitol Police
2005-08-02T00:00:00
898390ad0483f20e032034ab8141dd5b91b179906846cde2d1cf07d341873bdb
US House of Representatives
2, 29, §1910
(a) In general Not later than 60 days after the last day of each semiannual period, the Chief of the Capitol Police shall submit to Congress, with respect to that period, a detailed, itemized report of the disbursements for the operations of the United States Capitol Police. (b) Contents The report required by subsection (a) shall include— (1) the name of each person or entity who receives a payment from the Capitol Police and the amount thereof; (2) a description of any service rendered to the Capitol Police, together with service dates; (3) a statement of all amounts appropriated to, or received or expended by, the Capitol Police and any unexpended balances of such amounts for any open fiscal year; and (4) such additional information as may be required by regulation of the Committee on House Administration of the House of Representatives or the Committee on Rules and Administration of the Senate. (c) Printing Each report under this section shall be printed as a House document. (d) Effective date This section shall apply with respect to the semiannual periods of October 1 through March 31 and April 1 through September 30 of each year, beginning with the semiannual period in which this section is enacted. (Pub. L. 109–55, title I, §1005, Aug. 2, 2005, 119 Stat. 575.) EDITORIAL NOTES CODIFICATION Section is from the Legislative Branch Appropriations Act, 2006.
§1910. Report of disbursements
2024-07-12T00:00:00
e178df7078991ed1ff072b58e192572ccbd651299b624127b2de638788fab731
US House of Representatives
2, 29, §1911
[Release Point 118-70] Police (1) In general There shall be within the United States Capitol Police the General Counsel to the Chief of Police and the United States Capitol Police (in this subsection referred to as the "General Counsel"), who shall report to and serve at the pleasure of the Chief of the United States Capitol Police. (2) Appointment The General Counsel shall be appointed by the Chief of the Capitol Police in accordance with section 1907(e)(1) of this title (as amended by section 2(a)(4)), after consultation with the Capitol 1 Police Board, without regard to political affiliation and solely on the basis of fitness to perform the duties of the position. (3) Compensation (A) In general Subject to subparagraph (B), the annual rate of pay for the General Counsel shall be fixed by the Chief of the Capitol Police. (B) Limitation The annual rate of pay for the General Counsel may not exceed an annual rate equal to $1,000 less than the annual rate of pay in effect for the Chief of the Capitol Police. (4) Omitted (5) No effect on current General Counsel Nothing in this section or the amendments made by this section may be construed to affect the status of the individual serving as the General Counsel to the Chief of Police and the United States Capitol Police as of March 4, 2010. (Pub. L. 111–145, §3(a), Mar. 4, 2010, 124 Stat. 51.) EDITORIAL NOTES REFERENCES IN TEXT Section 2(a)(4), referred to in par. (2), means section 2(a)(4) of Pub. L. 111–145. For the amendments made by this section, referred to in par. (5), see Codification note below. CODIFICATION Section is comprised of subsec. (a) of section 3 of Pub. L. 111–145. Subsec. (a)(4) of section 3 of Pub. L. 111–145 repealed section 84–2 of this title, now section 5521 of this title, and provisions set out as a note under section 1901 of this title. See References in Text note below. 1
§1911. General Counsel to the Chief of Police and the United States Capitol
2010-03-04T00:00:00
79c9d9446a052f528cdcb895acf9695224f361db6dcd16eebf29627f3752fd2f
US House of Representatives
2, 29, §1912
(a) The Chief of the Capitol Police shall have authority to accept unpaid religious chaplain services, whereby volunteers from multiple faiths, authorized by their respective religious endorsing agency or organization, may advise, administer, and perform spiritual care and religious guidance for Capitol Police employees. (b) Chaplains shall not be required to perform any rite, ritual, or ceremony, and employees shall not be required to receive such rite, ritual, or ceremony, if doing so would compromise the conscience, moral principles, or religious beliefs of such chaplain or employees or the chaplain's endorsing agency or organization. (c) .—This section shall apply with respect to fiscal year 2023 and each EFFECTIVE DATE [Release Point 118-70] succeeding fiscal year. (Pub. L. 117–328, div. I, title I, §120, Dec. 29, 2022, 136 Stat. 4926.) PART B—COMPENSATION AND OTHER PERSONNEL MATTERS
§1912. Volunteer chaplain services
2024-07-12T00:00:00
51b4b706837b3086578c5a8bfb43049ee5fd96c9df1e60edaa6c262d5e23f0e9
US House of Representatives
2, 29, §1922
Payroll administration for the Capitol Police and civilian support personnel of the Capitol Police shall be carried out on a unified basis by a single disbursing authority. The Capitol Police Board, with the approval of the Committee on House Oversight of the House of Representatives and the Committee on Rules and Administration of the Senate, acting jointly, shall, by contract or otherwise, provide for such unified payroll administration. (July 31, 1946, ch. 707, §9C, as added Pub. L. 102–397, title I, §102, Oct. 6, 1992, 106 Stat. 1950; amended Pub. L. 104–186, title II, §221(12), Aug. 20, 1996, 110 Stat. 1750.) EDITORIAL NOTES CODIFICATION Section was classified to section 207a of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. AMENDMENTS 1996—Pub. L. 104–186 substituted "House Oversight" for "House Administration". STATUTORY NOTES AND RELATED SUBSIDIARIES CHANGE OF NAME Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. EFFECTIVE DATE Pub. L. 102–397, title I, §104, Oct. 6, 1992, 106 Stat. 1950, as amended by Pub. L. 102–392, title III, §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." [Pub. L. 102–392, title III, §321, Oct. 6, 1992, 106 Stat. 1726, provided that the amendment made by that section to section 104 of Pub. L. 102–397, set out above, is effective Oct. 6, 1992.]
§1922. Unified payroll administration
1946-07-31T00:00:00
633a1cf7ddd8be6a6c5e77197ce6be205c5a8eb85c53d2075562ee2c0675a12b
US House of Representatives
2, 29, §1923
(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. [Release Point 118-70] (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. [Release Point 118-70] (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. (Pub. L. 105–55, title I, §111, Oct. 7, 1997, 111 Stat. 1186.) EDITORIAL NOTES 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, which enacted sections 60m and 60n of this title, sections 6381 to 6387 of Title 5, Government Organization and Employees, and chapter 28 (§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. 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, §1, Aug. 21, 2002, 116 Stat. 1062. STATUTORY NOTES AND RELATED SUBSIDIARIES CHANGE OF NAME Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
§1923. Unified schedules of rates of basic pay and leave system
2024-07-12T00:00:00
808595f531f2f5d718a5815a6e7c29df28050289e26b814659a39cff46398a9f
US House of Representatives
2, 29, §1926
(a) Establishment In order to recruit or retain qualified personnel, the Chief of the Capitol Police may establish an educational assistance program for employees of the Capitol Police under which the Capitol Police may agree— (1) to repay (by direct payments on behalf of the participating employee) all or any portion of a student loan previously taken out by the employee; (2) to make direct payments to an educational institution on behalf of a participating employee or to reimburse a participating employee for all or any portion of any tuition or related educational expenses paid by the employee. (b) Special rules for student loan repayments (1) Application of regulations under executive branch program In carrying out subsection (a)(1), the Chief of the Capitol Police may, by regulation, make applicable such provisions of section 5379 of title 5 as the Chief determines necessary to provide for such program. (2) Restrictions on prior reimbursements The Capitol Police may not reimburse any individual under subsection (a)(1) for any repayments made by the individual prior to entering into an agreement with the Capitol Police to participate in the program under this section. (3) Use of recovered amounts Any amount repaid by, or recovered from, an individual under subsection (a)(1) and its implementing regulations shall be credited to the appropriation account available for salaries or general expenses of the Capitol Police at the time of repayment or recovery. Such credited amount may be used for any authorized purpose of the account and shall remain available until expended. (c) Limit on amount of payments [Release Point 118-70] The total amount paid by the Capitol Police with respect to any individual under the program under this section may not exceed $80,000. (d) No review of determinations Any determination made under the program under this section shall not be reviewable or appealable in any manner. (e) Effective date This section shall apply with respect to fiscal year 2003 and each succeeding fiscal year. (Pub. L. 107–117, div. B, §908, Jan. 10, 2002, 115 Stat. 2319; Pub. L. 108–7, div. H, title I, §1007, Feb. 20, 2003, 117 Stat. 358; Pub. L. 116–94, div. E, title I, §120, Dec. 20, 2019, 133 Stat. 2763; Pub. L. 116–260, div. I, title I, §120, Dec. 27, 2020, 134 Stat. 1643.) EDITORIAL NOTES CODIFICATION Section was classified to section 207b–1 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. AMENDMENTS 2020—Subsec. (c). Pub. L. 116–260 substituted "$80,000" for "$60,000". 2019—Subsec. (c). Pub. L. 116–94 substituted "$60,000" for "$40,000". 2003—Pub. L. 108–7 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (f) relating to student loan repayment program. STATUTORY NOTES AND RELATED SUBSIDIARIES DEADLINE FOR REGULATIONS Pub. L. 108–7, div. H, title I, §1020, Feb. 20, 2003, 117 Stat. 370, provided that: "Not later than 60 days after the date of the enactment of this Act [Feb. 20, 2003], the Chief of the Capitol Police shall promulgate any regulations required by sections 1004, 1006, 1007, and 1011 of this Act [enacting section 1931 of this title and amending this section and section 1927 of this title]."
§1926. Educational assistance program for employees
2024-07-12T00:00:00
7860e2caefbfd4dfd3319c8ed414202baacb5235aa80a2cd56051ab442bbb14e
US House of Representatives
2, 29, §1927
(a) Recruitment and relocation bonuses (1) Authorization of payment The Capitol Police Board (hereafter in this section referred to as the "Board") may authorize the Chief of the United States Capitol Police (hereafter in this section referred to as the "Chief") to pay a bonus to an individual who is newly appointed to a position as an officer or employee of the Capitol Police, and to pay an additional bonus to an individual who must relocate to accept a position as an officer or employee of the Capitol Police, if the Chief, in the Chief's sole discretion, determines that such a bonus will assist the Capitol Police in recruitment efforts. (2) Amount of payment The amount of a bonus under this subsection shall be determined by regulations of the Board, but the amount of any bonus paid to an individual under this subsection may not exceed 25 percent of the annual rate of basic pay of the position to which the individual is being appointed. (3) Minimum period of service required Payment of a bonus under this subsection shall be contingent upon the individual entering into an agreement with the Capitol Police to complete a period of employment with the Capitol Police, with the required period determined pursuant to regulations of the Board. If the individual voluntarily fails to complete such period of service or is separated from the service before [Release Point 118-70] completion of such period of service for cause on charges of misconduct or delinquency, the individual shall repay the bonus on a pro rata basis. (4) Bonus not considered part of basic pay A bonus under this subsection shall be paid as a lump sum, and may not be considered to be part of the basic pay of the officer or employee. (5) Payment permitted prior to commencement of duty Under regulations of the Board, a bonus under this subsection may be paid to a newly-hired officer or employee before the officer or employee enters on duty. (6) Determination not appealable or reviewable Any determination of the Chief under this subsection shall not be appealable or reviewable in any manner. (b) Retention allowances (1) Authorization of payment The Board may authorize the Chief to pay an allowance to an officer or employee of the United States Capitol Police if the Chief, in the Chief's sole discretion, determines that such a bonus will assist the Capitol Police in retention efforts. (2) Amount of payment A retention allowance, which shall be stated as a percentage of the rate of basic pay of the officer or employee, may not exceed 25 percent of such rate of basic pay. (3) Payment not considered part of basic pay A retention allowance may not be considered to be part of the basic pay of an officer or employee, and any determination of the Chief under this subsection, or the reduction or elimination of a retention allowance, shall not be appealable or reviewable in any manner. The preceding sentence shall not be construed to extinguish or lessen any right or remedy under any of the laws made applicable to the Capitol Police pursuant to 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) Regulations [Release Point 118-70] (1) In general The payment of bonuses, allowances, step increases, compensation, and other payments pursuant to this section shall be carried out in accordance with regulations prescribed by the Board. (2) Repealed. Pub. L. 108–7, div. H, title I, §1004(2), Feb. 20, 2003, 117 Stat. 358 (f) Effective date This section shall apply with respect to fiscal year 2002 and each succeeding fiscal year. (Pub. L. 107–117, div. B, §909, Jan. 10, 2002, 115 Stat. 2320; Pub. L. 108–7, div. H, title I, §§1004, 1006, Feb. 20, 2003, 117 Stat. 358.) EDITORIAL NOTES CODIFICATION Section was classified to section 207b–2 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. AMENDMENTS 2003—Subsec. (a)(1). Pub. L. 108–7, §1004(1)(A), substituted "the Chief, in the Chief's sole discretion, determines that such a bonus will assist the Capitol Police in recruitment efforts" for "the Board determines that the Capitol Police would be likely, in the absence of such a bonus, to encounter difficulty in filling the position". Subsec. (a)(6). Pub. L. 108–7, §1004(1)(B), added par. (6). Subsec. (b)(1). Pub. L. 108–7, §1006(1), substituted "if the Chief, in the Chief's sole discretion, determines that such a bonus will assist the Capitol Police in retention efforts." for "if—" and struck out pars. (A) and (B) which read as follows: "(A) the unusually high or unique qualifications of the officer or employee or a special need of the Capitol Police for the officer's or employee's services makes it essential to retain the officer or employee; and "(B) the Chief determines that the officer or employee would be likely to leave in the absence of a retention allowance." Subsec. (b)(3). Pub. L. 108–7, §1006(2), which directed the substitution of "any determination of the Chief under this subsection, or the reduction or elimination of a retention allowance, shall not be appealable or reviewable in any manner" for "the reduction or the elimination of a retention allowance may not be appealed", was executed by making the substitution for "the reduction or elimination of a retention allowance may not be appealed", to reflect the probable intent of Congress. Subsec. (e). Pub. L. 108–7, §1004(2), (3), redesignated subsec. (f) as (e) and struck out former subsec. (e) which related to additional compensation for field training officers. Subsec. (f). Pub. L. 108–7, §1004(3), redesignated subsec. (g) as (f). Former subsec. (f) redesignated (e). Subsec. (f)(2). Pub. L. 108–7, §1004(2), struck out heading and text of par. (2). Text read as follows: "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." Subsec. (g). Pub. L. 108–7, §1004(3), redesignated subsec. (g) as (f). STATUTORY NOTES AND RELATED SUBSIDIARIES CAPITOL POLICE LONGEVITY COMPENSATION Pub. L. 88–454, §104(c), Aug. 20, 1964, 78 Stat. 550, provided that: "Any member of the Capitol Police who by reason of the provision repealed by subsection (b) [subsec. (c) of section 4507 of this title] was receiving immediately prior to the effective date of this section [Sept. 1, 1964], longevity compensation provided by [former] section 105 of the Legislative Branch Appropriation Act, 1959 [Pub. L. 85–570, 72 Stat. 453], shall, on and after such effective date, receive in lieu thereof a longevity increase under section 106(b) of the Legislative Branch Appropriation Act, 1963 [2 U.S.C. 4507(b)], in addition to any other such increases (not to exceed three) to which he may otherwise be entitled under such section. In computing the length of [Release Point 118-70] service of such member for the purpose of such other increases, only service performed subsequent to the date on which he began receiving longevity compensation in accordance with such [former] section 105 shall be counted." [Section 4507 of this title, referred to above, not to apply, on or after Oct. 1, 1983, to any individual whose pay is disbursed by the Secretary of the Senate except for individuals entitled to longevity compensation prior to Oct. 1, 1983, on the basis of service performed prior to such date, see section 4509 of this title.] [Pub. L. 88–454, §104(d), Aug. 20, 1964, 78 Stat. 550, provided that: "This section [amending section 4507 of this title and enacting provisions set out as a note above] shall become effective on the first day of the month following the date of enactment of this Act [Aug. 20, 1964]."]
§1927. Bonuses, retention allowances, and additional compensation
2024-07-12T00:00:00
32f285d113af722822d1817ca39dda6c9a4f1969b30de98b4a6b8b07924cb5d9
US House of Representatives
2, 29, §1930
(a) In general Notwithstanding any other provision of law, the rate of basic pay payable to an individual upon appointment to a position with the Capitol Police shall be at a rate within the minimum and maximum pay rates applicable to the position. (b) Effective date This section shall apply to fiscal year 2003 and each fiscal year thereafter. (Pub. L. 108–7, div. H, title I, §1008, Feb. 20, 2003, 117 Stat. 359.) EDITORIAL NOTES CODIFICATION Section is from the Legislative Branch Appropriations Act, 2003, which is div. H of Pub. L. 108–7. [Release Point 118-70]
§1930. Applicable pay rate upon appointment
2024-07-12T00:00:00
5f7f9b776c156eaaca97ea3ccc8d1d87d0c9c8d74ea647e8be04d722d58d87ff
US House of Representatives
2, 29, §1931
proficiencies (a) Establishment of positions The Chief of the Capitol Police may establish and determine, from time to time, positions in salary classes of employees of the Capitol Police to be designated as employees with specialty assignments or proficiencies, based on the experience, education, training, or other appropriate factors required to carry out the duties of such employees. (b) Additional compensation In addition to the regularly scheduled rate of basic pay, each employee holding a position designated under this section shall receive an amount determined by the Chief, except that— (1) such amount may not exceed 25 percent of the employee's annual rate of basic pay; and (2) such amount may not be paid in a calendar year to the extent that, when added to the total basic pay paid or payable to such employee for service performed in the year, such amount would cause the total to exceed the annual rate of basic pay payable for level II of the Executive Schedule, as of the end of such year. (c) Manner of payment The additional compensation authorized by this subsection shall be paid to an employee in a manner determined by the Chief or his designee except when the employee ceases to be assigned to the specialty assignment or ceases to maintain the required proficiency. The loss of such additional compensation shall not constitute an adverse action for any purpose. (d) Determination not appealable or reviewable Any determination under section (a) shall not be appealable or reviewable in any manner. 1 (Pub. L. 108–7, div. H, title I, §1011, Feb. 20, 2003, 117 Stat. 360.) EDITORIAL NOTES REFERENCES IN TEXT Level II of the Executive Schedule, referred to in subsec. (b)(2), is set out in section 5313 of Title 5, Government Organization and Employees. CODIFICATION Section is from the Legislative Branch Appropriations Act, 2003, which is div. H of Pub. L. 108–7. So in original. Probably should be "subsection". 1
§1931. Additional compensation for employees with specialty assignments and
2024-07-12T00:00:00
5eb9cb7362382a6b6daef6c77da6502fbdf3546d2c4f74ce6e864804d7abfc5b
US House of Representatives
2, 29, §1932
(a) In general Any limits on the amount of premium pay which may be earned by officers and members of the Capitol Police during emergencies (as determined by the Capitol Police Board) shall be applied by the Chief of the Capitol Police on an annual basis and not on a pay period basis. Any determination under this subsection shall not be reviewable or appealable in any manner. (b) Effective date Subsection (a) shall apply with respect to hours of duty occurring on or after September 11, 2001. (Pub. L. 108–7, div. H, title I, §1012, Feb. 20, 2003, 117 Stat. 361.) EDITORIAL NOTES [Release Point 118-70] CODIFICATION Section is from the Legislative Branch Appropriations Act, 2003, which is div. H of Pub. L. 108–7.
§1932. Application of premium pay limits on annualized basis
2001-09-11T00:00:00
2103a1d4a21b23a5aafc494b24003b0c819727a768f4e3ab407b03803b468584
US House of Representatives
2, 29, §1933
(a) No lump-sum payment permitted for unused compensatory time (1) In general No officer or employee of the United States Capitol Police whose service with the United States Capitol Police is terminated may receive any lump-sum payment with respect to accrued compensatory time off, except to the extent permitted under section 1313(c)(4) of this title. (2) Omitted (b) Overtime compensation for officers and employees exempt from Fair Labor Standards Act of 1938 (1) Criteria under which compensation permitted The Chief of the Capitol Police may provide for the compensation of overtime work of exempt individuals which is performed on or after March 4, 2010, in the form of additional pay or compensatory time off, only if— (A) the overtime work is carried out in connection with special circumstances, as determined by the Chief; (B) the Chief has established a monetary value for the overtime work performed by such individual; and (C) the sum of the total amount of the compensation paid to the individual for the overtime work (as determined on the basis of the monetary value established under subparagraph (B)) and the total regular compensation paid to the individual with respect to the pay period involved may not exceed an amount equal to the cap on the aggregate amount of annual compensation that may be paid to the individual under applicable law during the year in which the pay period occurs, as allocated on a per pay period basis consistent with premium pay regulations of the Capitol Police Board. (2) Exempt individuals defined In this subsection, an "exempt individual" is an officer or employee of the United States Capitol Police— (A) who is classified under regulations issued pursuant to section 1313 of this title as exempt from the application of the rights and protections established by subsections (a)(1) and (d) of section 206, section 207, and section 212(c) of title 29; or (B) whose annual rate of pay is not established specifically under any law. (3) Conforming amendment (A) Omitted (B) Effective date The amendment made by subparagraph (A) shall take effect as if included in the enactment of the Legislative Branch Appropriations Act, 2003, except that the amendment shall not apply with respect to any overtime work performed prior to March 4, 2010. (Pub. L. 111–145, §5, Mar. 4, 2010, 124 Stat. 52.) EDITORIAL NOTES REFERENCES IN TEXT The Legislative Branch Appropriations Act, 2003, referred to in subsec. (b)(3)(B), is div. H of Pub. L. 108–7, which was approved Feb. 20, 2003. [Release Point 118-70] CODIFICATION Section is comprised of section 5 of Pub. L. 111–145. Subsec. (a)(2) of section 5 of Pub. L. 111–145 repealed sections 1924 and 1925 of this title. Subsec. (b)(3)(A) of section 5 of Pub. L. 111–145 repealed section 1009 of the Legislative Branch Appropriations Act, 2003, Pub. L. 108–7, div. H, 117 Stat. 359, which is not classified to the Code.
§1933. Clarification of authorities regarding certain personnel benefits
2010-03-04T00:00:00
37503a242424a090eae4918f9ff5a089960ad6daa58223bfcaa2e71dd3e9307b
US House of Representatives
2, 29, §1934
payments to officers and employees (a) Waiver of claim Subject to the joint approval of the Chief Administrative Officer of the House of Representatives and the Secretary of the Senate, the Chief of the United States Capitol Police may waive in whole or in part a claim of the United States against a person arising out of an erroneous payment of any pay or allowances, other than travel and transportation expenses and allowances, to an officer, member, or employee of the United States Capitol Police, if the collection of the claim would be against equity and good conscience and not in the best interests of the United States. (b) Investigation of application; report The Chief shall investigate each application for the waiver of a claim under subsection (a) and shall submit a written report of the investigation, including a description of the facts and circumstances of the claim, to the Chief Administrative Officer of the House of Representatives and the Secretary of the Senate, except that if the aggregate amount of the claim involved exceeds $1,500, the Comptroller General may also investigate the application and submit a written report of the investigation, including a description of the facts and circumstances of the claim, to the Chief Administrative Officer of the House of Representatives and the Secretary of the Senate. (c) Prohibition of waiver under certain circumstances The Chief may not exercise the authority to waive a claim under subsection (a) if— (1) in the Chief's opinion, there exists in connection with the claim an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the officer, member, or employee involved or of any other person having an interest in obtaining a waiver of the claim; or (2) the Chief receives the application for the waiver after the expiration of the 3-year period that begins on the date on which the erroneous payment of pay or allowances was discovered. (d) Credit for waiver In the audit and settlement of accounts of any accountable officer or official, full credit shall be given for any amounts with respect to which collection by the United States is waived under subsection (a). (e) Effect of waiver An erroneous payment, the collection of which is waived under subsection (a), is deemed a valid payment for all purposes. (f) Construction with other laws This section does not affect any authority under any other law to litigate, settle, compromise, or waive any claim of the United States. (g) Rules and regulations Subject to the approval of the Chief Administrative Officer of the House of Representatives and the Secretary of the Senate, the Chief shall promulgate rules and regulations to carry out this section. (h) Effective date This section shall apply with respect to payments of pay and allowances made at any time after the Chief became the disbursing officer for the United States Capitol Police pursuant to section 1907(a) of this title. [Release Point 118-70] (Pub. L. 112–74, div. G, title I, §1102, Dec. 23, 2011, 125 Stat. 1125.) EDITORIAL NOTES CODIFICATION Section is from the Legislative Branch Appropriations Act, 2012, which is div. G of the Consolidated Appropriations Act, 2012. PART C—UNIFORM AND ARMS
§1934. Waiver by Chief of Capitol Police of claims arising out of erroneous
2024-07-12T00:00:00
301f3b996e1a9278aca15deb6ae37dc0fb8aac0b150cf885400e5a9dd1c1152d
US House of Representatives
2, 29, §1941
The Capitol Police Board shall select and regulate the pattern for a uniform for the Capitol police and watchmen, and furnish each member of the force with the necessary belts and arms, payable from appropriations to the Capitol Police upon certification of payment by the Chief of the Capitol Police. Such arms so furnished or other arms as authorized by the Capitol Police Board shall be carried by each officer and member of the Capitol Police, while in the Capitol Buildings (as defined in section 5101 of title 40), and while within or outside of the boundaries of the United States Capitol Grounds (as defined in section 5102 of title 40), in such manner and at such times as the Capitol Police Board may, by regulations, prescribe. (R.S. §1824; Pub. L. 92–607, ch. V, §507, Oct. 31, 1972, 86 Stat. 1508; Pub. L. 95–26, title I, §112, May 4, 1977, 91 Stat. 87; Pub. L. 108–447, div. G, title I, §1003, Dec. 8, 2004, 118 Stat. 3180.) EDITORIAL NOTES CODIFICATION Section was classified to section 210 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. R.S. §1824 derived from act Mar. 30, 1867, ch. 20, §1, 15 Stat. 11. AMENDMENTS 2004—Pub. L. 108–447, in first sentence, substituted "The Capitol Police Board" for "The Sergeant at Arms of the Senate and the Sergeant at Arms of the House of Representatives" and "payable from appropriations to the Capitol Police upon certification of payment by the Chief of the Capitol Police" for "payable out of the contingent fund of the Senate and House of Representatives upon the certificate of the officers above named" and, in second sentence, inserted "or other arms as authorized by the Capitol Police Board" after "furnished" and substituted "the Capitol Police Board" for "the Sergeant at Arms of the Senate and the Sergeant at Arms of the House of Representatives". 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.
§1941. Uniform
1977-05-04T00:00:00
f6a749f6bb1549deb88a091dda5ae23f071a5c9c419f170bf31be1da1c5cb8f2
US House of Representatives
2, 29, §1942
(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 [Release Point 118-70] 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. (Pub. L. 91–297, title II, §201(a), (b), June 30, 1970, 84 Stat. 357; Pub. L. 93–198, title IV, §421, Dec. 24, 1973, 87 Stat. 789; Pub. L. 95–179, Nov. 15, 1977, 91 Stat. 1371.) EDITORIAL NOTES CODIFICATION Section was classified to section 210a of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. AMENDMENTS 1977—Pub. L. 95–179 substituted "United States Secret Service Uniformed Division" for "Executive Protective Service" wherever appearing. STATUTORY NOTES AND RELATED SUBSIDIARIES TRANSFER OF FUNCTIONS Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, §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".
§1942. Uniform to display United States flag or colors
1970-06-30T00:00:00
2f57d065cd1cbffaca622a4efc63731af0ded82b53618fa0ec93d35ed7fd859b
US House of Representatives
2, 29, §1944
The officers, privates, and watchmen of the Capitol police shall, when on duty, wear the regulation uniform. (Mar. 18, 1904, ch. 716, §1, 33 Stat. 89.) EDITORIAL NOTES CODIFICATION Section was classified to section 212 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §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, §1, 32 Stat. 857. Mar. 3, 1901, ch. 830, §1, 31 Stat. 963. [Release Point 118-70] PART D—UNITED STATES CAPITOL POLICE MEMORIAL FUND
§1944. Wearing uniform on duty
1905-06-30T00:00:00
22c647c9edf3dd9f2000e7970b5e2a5ed36a310992fa8e16bde212079eef1b12
US House of Representatives
2, 29, §1951
There is hereby established in the Treasury of the United States the United States Capitol Police Memorial Fund (hereafter in this part referred to as the "Fund"). All amounts received by the Capitol Police Board which are designated for deposit into the Fund, including amounts received in response to the shooting incident at the practice for the Congressional Baseball Game for Charity on June 14, 2017, shall be deposited into the Fund. (Pub. L. 105–223, §1, Aug. 7, 1998, 112 Stat. 1250; Pub. L. 115–45, §2(c), Aug. 4, 2017, 131 Stat. 957.) EDITORIAL NOTES CODIFICATION Section was classified to section 207c of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. AMENDMENTS 2017—Pub. L. 115–45 substituted "deposit into the Fund, including amounts received in response to the shooting incident at the practice for the Congressional Baseball Game for Charity on June 14, 2017," for "deposit into the Fund".
§1951. Establishment of United States Capitol Police Memorial Fund
2017-06-14T00:00:00
c002514ba13c6f6e96b80650e747ed114c418945fc8872fe918e406aabd1e30e
US House of Representatives
2, 29, §1952
Class Chestnut and certain other United States Capitol Police employees (a) In general Except to the extent used or reserved for use under subsection (b) and subject to the regulations issued under section 1954 of this title, amounts in the Fund shall be paid to the families of Detective John Michael Gibson and Private First Class Jacob Joseph Chestnut of the United States Capitol Police as follows: (1) Fifty percent of such amounts shall be paid to the widow and children of Detective Gibson. (2) Fifty percent of such amounts shall be paid to the widow and children of Private First Class Chestnut. (b) Payments for employees killed in the line of duty or sustaining serious line-of-duty injuries In addition to the amounts paid under subsection (a), and in accordance with the regulations issued under section 1954(b) of this title, amounts in the Fund may be paid to— (1) families of employees of the United States Capitol Police who were killed in the line of duty; or (2) employees of the United States Capitol Police who have sustained serious line-of-duty injuries. (Pub. L. 105–223, §2, Aug. 7, 1998, 112 Stat. 1250; Pub. L. 115–45, §2(a), Aug. 4, 2017, 131 Stat. 956.) EDITORIAL NOTES CODIFICATION Section was classified to section 207c–1 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. [Release Point 118-70] AMENDMENTS 2017—Pub. L. 115–45 inserted "and certain other United States Capitol Police employees" at end of section catchline, designated existing provisions as subsec. (a), inserted heading, substituted "Except to the extent used or reserved for use under subsection (b) and subject to the regulations" for "Subject to the regulations", and added subsec. (b).
§1952. Payments from Fund for families of Detective Gibson and Private First
2024-07-12T00:00:00
624e0a17ba599ab552f19210c60419002c7457c5f1b57a8b9024556b66e0a48d
US House of Representatives
2, 29, §1953
(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. (Pub. L. 105–223, §3, Aug. 7, 1998, 112 Stat. 1250.) EDITORIAL NOTES CODIFICATION Section was classified to section 207c–2 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
§1953. Tax treatment of Fund
2024-07-12T00:00:00
ecf6c3a38d2eeaf3f77aee4f1589fa59b76bccf9ec0f203df6952ea7f0514996
US House of Representatives
2, 29, §1954
(a) In general 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. (b) Regulations governing payments for employees killed in the line of duty or sustaining serious line-of-duty injuries In carrying out subsection (a), the Capitol Police Board shall issue specific regulations governing the use of the Fund for making payments to families of employees of the United States Capitol Police who were killed in the line of duty and employees of the United States Capitol Police who have sustained serious line-of-duty injuries (as authorized under section 1952(b) of this title), including regulations— (1) establishing the conditions under which the family of an employee or an employee is eligible to receive such a payment; [Release Point 118-70] (2) providing for the amount, timing, and manner of such payments; and (3) ensuring that any such payment is in addition to, and does not otherwise affect, any other form of compensation payable to the family of an employee or the employee, including benefits for workers' compensation under chapter 81 of title 5. (Pub. L. 105–223, §4, Aug. 7, 1998, 112 Stat. 1250; Pub. L. 115–45, §2(b), Aug. 4, 2017, 131 Stat. 956.) EDITORIAL NOTES CODIFICATION Section was classified to section 207c–3 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. AMENDMENTS 2017—Pub. L. 115–45 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). STATUTORY NOTES AND RELATED SUBSIDIARIES CHANGE OF NAME Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. SUBCHAPTER II—POWERS AND DUTIES
§1954. Administration by Capitol Police Board
1998-08-07T00:00:00
62a13896b34cf1bfe5a81c9bb40fb897ef7deb56bc4e37d0a17549a81a5244c0
US House of Representatives
2, 29, §1961
(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 1922, 1966, 1967, and 1969 of this title (and regulations promulgated under section 1969 of this title), and chapter 51 of title 40, and to 1 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: , That for the fiscal year for which appropriations are made by this Act the Provided 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: , That the Metropolitan Police force of the District Provided further 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. (b) For purposes of this section, "the United States Capitol Buildings and Grounds" shall include [Release Point 118-70] 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. (d) For purposes of this section, "United States Capitol Buildings and Grounds" shall include the Library of Congress buildings and grounds described under section 167j of this title, except that in a case of buildings or grounds not located in the District of Columbia, the authority granted to the Metropolitan Police Force of the District of Columbia shall be granted to any police force within whose jurisdiction the buildings or grounds are located. (July 31, 1946, ch. 707, §9, 60 Stat. 719; Pub. L. 93–198, title VII, §739(g)(4), (5), Dec. 24, 1973, 87 Stat. 829; Pub. L. 101–520, title I, §106, formerly §106(a), Nov. 5, 1990, 104 Stat. 2264, renumbered
§1961. Policing of Capitol Buildings and Grounds
1946-07-31T00:00:00
cb572a87d98f58cc4388cbce9dfc5a04883d105febdf2f2b35b0a79e5a1cddeb
US House of Representatives
2, 29, §1962
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. (Pub. L. 96–432, §5, Oct. 10, 1980, 94 Stat. 1853.) EDITORIAL NOTES CODIFICATION Section was classified to section 212a–1 of former Title 40, prior to the enactment of Title 40, Public [Release Point 118-70] Buildings, Property, and Works, by Pub. L. 107–217, §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, §112, July 14, 1983, 97 Stat. 271. Pub. L. 97–276, §101(e) [S. 2939, title I], Oct. 2, 1982, 96 Stat. 1189. Pub. L. 97–51, §101(c) [H.R. 4120, title I], Oct. 1, 1981, 95 Stat. 959. Pub. L. 96–536, §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, §104, Oct. 2, 1962, 76 Stat. 694. Pub. L. 87–130, §104, Aug. 10, 1961, 75 Stat. 334. Pub. L. 86–628, §104, July 12, 1960, 74 Stat. 460. Pub. L. 86–176, §104, Aug. 21, 1959, 73 Stat. 412. Pub. L. 85–570, §104, July 31, 1958, 72 Stat. 453. Pub. L. 85–75, §104, July 1, 1957, 71 Stat. 256. June 27, 1956, ch. 453, §104, 70 Stat. 370. Aug. 5, 1955, ch. 568, §104, 69 Stat. 520. July 2, 1954, ch. 455, title I, §104, 68 Stat. 409. Aug. 1, 1953, ch. 304, title I, §106, 67 Stat. 332. July 9, 1952, ch. 598, §106, 66 Stat. 478. Oct. 11, 1951, ch. 485, §106, 65 Stat. 403. Sept. 6, 1950, ch. 896, §106, 64 Stat. 608. June 22, 1949, ch. 235, §106, 63 Stat. 230. June 14, 1948, ch. 467, §106, 62 Stat. 437. July 17, 1947, ch. 262, §106, 61 Stat. 377. July 1, 1946, ch. 530, §106, 60 Stat. 408. June 13, 1945, ch. 189, §106, 59 Stat. 259. June 26, 1944, ch. 277, title I, §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.
§1962. Detail of police
1938-05-17T00:00:00
ab3341d0fc9728d4dc8dd98243ca117c1143464d9990de7f81ee0347cd2d8053
US House of Representatives
2, 29, §1963
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. (Apr. 29, 1876, ch. 86, 19 Stat. 41.) [Release Point 118-70] EDITORIAL NOTES 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, §1, Aug. 21, 2002, 116 Stat. 1062.
§1963. Protection of grounds
1876-04-29T00:00:00
33967a994ac673af2dc17dc4b7d1aca51348351315c47f8e32b76f002b2ea1f2
US House of Representatives
2, 29, §1964
(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 " ", under the general headings "JOINT CAPITOL BUILDINGS 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 6101 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. (Pub. L. 104–53, title III, §308, Nov. 19, 1995, 109 Stat. 537.) EDITORIAL NOTES REFERENCES IN TEXT [Release Point 118-70] The paragraph under the heading " ", under the general headings "JOINT ITEMS", CAPITOL BUILDINGS "ARCHITECT OF THE CAPITOL", and " " in title I of the CAPITOL BUILDINGS AND GROUNDS 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. CODIFICATION In subsec. (b), "section 6101 of title 41" substituted for "section 3709 of the Revised Statutes of the United States (41 U.S.C. 5)" on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. 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, §1, Aug. 21, 2002, 116 Stat. 1062. STATUTORY NOTES AND RELATED SUBSIDIARIES CHANGE OF NAME Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
§1964. Security systems for Capitol buildings and grounds
1994-07-22T00:00:00
2909c3e68f506367bec3aa3440c69c63152947def4d89667121a4596d9d8d2e9
US House of Representatives
2, 29, §1965
(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. (Pub. L. 104–197, title III, §308, Sept. 16, 1996, 110 Stat. 2413.) EDITORIAL NOTES 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, §1, Aug. 21, 2002, 116 Stat. 1062. [Release Point 118-70] STATUTORY NOTES AND RELATED SUBSIDIARIES CHANGE OF NAME Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
§1965. Maintenance of security systems for Capitol buildings and grounds
1996-10-01T00:00:00
ac8af5b27b13c5482f851fe3ebda87c0bdcbe495c5d633e5bd200cf9f1a40f82
US House of Representatives
2, 29, §1966
their families (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 4101(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. (July 31, 1946, ch. 707, §9A, as added Pub. L. 97–143, §1(a), Dec. 29, 1981, 95 Stat. 1723.) [Release Point 118-70] EDITORIAL NOTES 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, §1, Aug. 21, 2002, 116 Stat. 1062.
§1966. Protection of Members of Congress, officers of Congress, and members of
1946-07-31T00:00:00
5592e9f17a027b52c3cbc6d164397a744204d19108552c62b2b6557bcfc14f2c
US House of Representatives
2, 29, §1967
(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; (4) within the area described under subsection (b)(1); and (5) within the area described under subsection (b)(2)— (A) with respect to any crime of violence committed in the presence of the member, if the member is in the performance of official duties, as defined under such regulations, when the crime is committed; and (B) to prevent imminent loss of life or injury to person or property, if the officer is in the performance of official duties, as defined under such regulations, when the authority is exercised. (b) Area (1) The area referred to in subsection (a)(4) 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 [Release Point 118-70] 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. (2) The area referred to under subsection (a)(5) is that area bounded by the north curb of Constitution Avenue from 14th Street, N.W., to 3rd Street, N.W., the east curb of 3rd Street from Constitution Avenue, N.W., to Independence Avenue, S.W., the south curb of Independence Avenue from 3rd Street, S.W., to 14th Street, S.W., and the west curb of 14th Street from Independence Avenue, S.W., to Constitution Avenue, 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). (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. (July 31, 1946, ch. 707, §9B, as added Pub. L. 102–397, title I, §101, Oct. 6, 1992, 106 Stat. 1949; amended Pub. L. 104–186, title II, §221(13), Aug. 20, 1996, 110 Stat. 1750; Pub. L. 108–83, title I,
§1967. Law enforcement authority
1946-07-31T00:00:00
54dc267bfdb65f278e1dd0a5a22c0db746d472d67d2d5e428995c35e3f6c2e13
US House of Representatives
2, 29, §1968
(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. (Pub. L. 104–186, title I, §108, Aug. 20, 1996, 110 Stat. 1723.) EDITORIAL NOTES 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, §1, Aug. 21, 2002, 116 Stat. 1062.
§1968. Citation release
2024-07-12T00:00:00
84cef5f56156cb8ab7e3f2fa93b744f9b95f57e5668e97437ed1f6fc12ffc4e5
US House of Representatives
2, 29, §1969
(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 [Release Point 118-70] whenever it shall deem it necessary: , That until such regulations are promulgated and Provided 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. (July 31, 1946, ch. 707, §14, 60 Stat. 720; July 11, 1947, ch. 221, 61 Stat. 308; Pub. L. 87–873, §1, Oct. 23, 1962, 76 Stat. 1171; Pub. L. 88–60, §1, July 8, 1963, 77 Stat. 77; 1967 Reorg. Plan No. 3,
§1969. Regulation of traffic by Capitol Police Board
1963-07-08T00:00:00
59bf251f8502354318f671744bc24f384aa82774dd2ed229a7411e35bfb1f8da
US House of Representatives
2, 29, §1970
(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 or in accordance with paragraph (4) 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. Before making 1 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. (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; and 1 (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 written request of— [Release Point 118-70] (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; (II) the Sergeant at Arms of the House of Representatives in any matter relating to the House of Representatives; or (III) the Chief of the Capitol Police, if the Chief of the Capitol Police has determined that the provision of assistance is necessary to prevent the significant disruption of governmental function and public order within the United States Capitol Buildings and Grounds, as described in section 1961 of this title; and 1 (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). (5) Revocation The Capitol Police Board may revoke a request for assistance provided under paragraph (4)(B)(ii)(III) upon consultation with appropriate Members of the Senate and House of Representatives in leadership positions. (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. (Pub. L. 107–117, div. B, §911, Jan. 10, 2002, 115 Stat. 2322; Pub. L. 117–77, §2(a), Dec. 22, 2021, 135 Stat. 1522.) EDITORIAL NOTES 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), (4)(B)(ii)(III), 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. 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, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1312, the first section of which enacted [Release Point 118-70] 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. 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, §1, Aug. 21, 2002, 116 Stat. 1062. AMENDMENTS 2021—Subsec. (a)(1). Pub. L. 117–77, §2(a)(1), inserted "or in accordance with paragraph (4)" before "and on a permanent". Subsec. (a)(4)(B). Pub. L. 117–77, §2(a)(2)(A), struck out "advance" before "written request" in introductory provisions. Subsec. (a)(4)(B)(ii)(III). Pub. L. 117–77, §2(a)(2)(B), added subcl. (III). Subsec. (a)(5). Pub. L. 117–77, §2(a)(3), added par. (5). STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE OF 2021 AMENDMENT Pub. L. 117–77, §4, Dec. 22, 2021, 135 Stat. 1524, provided that: "The amendments made by this Act [amending this section and section 1974 of this title] shall take effect on October 1, 2021." See References in Text note below. 1
§1970. Assistance by Executive departments and agencies
2021-10-01T00:00:00
57f925cb330c49a58fc4119ff575365540a3cdddd7746adeb0d225c7d536511e
US House of Representatives
2, 29, §1971
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). (Pub. L. 107–68, title I, §121, Nov. 12, 2001, 115 Stat. 576.) EDITORIAL NOTES 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, §1, Aug. 21, 2002, 116 Stat. 1062.
§1971. Contributions of meals and refreshments during emergency duty
2001-11-12T00:00:00
86766c92dec823280c08b0a0648bd4686a2eb8ccf28a2d2b8a91b31bc34a1297
US House of Representatives
2, 29, §1972
emergency duty 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. (Pub. L. 107–117, div. B, §910, Jan. 10, 2002, 115 Stat. 2322.) EDITORIAL NOTES 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, §1, Aug. 21, 2002, 116 Stat. 1062. [Release Point 118-70]
§1972. Contributions of comfort and other incidental items and services during
2002-01-10T00:00:00
41e5a4e4a82b1e6e9978a482225b8bb125685feb120836135556bea07f6e34bb
US House of Representatives
2, 29, §1973
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. (Pub. L. 107–68, title I, §124, Nov. 12, 2001, 115 Stat. 576.) EDITORIAL NOTES 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, §1, Aug. 21, 2002, 116 Stat. 1062.
§1973. Support and maintenance expenditures during emergency duty
2001-11-12T00:00:00
1a75f7fc866b1fe496499a47767e91852166416f758aa2287bc4d500ad57dd7d
US House of Representatives
2, 29, §1974
(a) In general In the event of an emergency, as determined by the Capitol Police Board or in a concurrent resolution of Congress, or as determined by the Chief of the Capitol Police in accordance with section 1970(a)(4)(B)(ii)(III) of this title, the Chief of the Capitol Police may appoint— (1) any law enforcement officer from any Federal agency or State or local government agency made available by that agency to serve as a special officer of the Capitol Police within the authorities of the Capitol Police in policing the Capitol buildings and grounds; and (2) any member of the uniformed services, including members of the National Guard, made available by the appropriate authority to serve as a special officer of the Capitol Police within the authorities of the Capitol Police in policing the Capitol buildings and grounds. An appointment under this section due to an emergency determined by the Chief of the Capitol Police under paragraph (4)(B)(ii)(III) of section 1970(a) of this title shall be in effect for the period of the emergency, unless and until the Capitol Police Board revokes the request for assistance under paragraph (5) of such section. (b) Conditions of appointment An individual appointed as a special officer under this section shall— (1) serve without pay for service performed as a special officer (other than pay received from the applicable employing agency or service); (2) serve as a special officer no longer than a period specified at the time of appointment; (3) not be a Federal employee by reason of service as a special officer, except as provided under paragraph (4); and (4) shall be an employee of the Government for purposes of chapter 171 of title 28 if that individual is acting within the scope of his office or employment in service as a special officer. (c) Reimbursement agreements Nothing in this section shall prohibit the Capitol Police from entering into an agreement for the reimbursement of services provided under this section with any Federal, State, or local agency. (d) Regulations Subject to approval by the Speaker of the House of Representatives (in consultation with the Minority Leader of the House of Representatives) and the Majority Leader of the Senate (in consultation with the Minority Leader of the Senate), acting jointly, the Capitol Police Board may prescribe regulations to carry out this section. [Release Point 118-70] (e) Effective date This section shall take effect on February 20, 2003, and shall apply to fiscal year 2003 and each fiscal year thereafter. (Pub. L. 108–7, div. H, title I, §1017, Feb. 20, 2003, 117 Stat. 365; Pub. L. 117–77, §2(b), Dec. 22, 2021, 135 Stat. 1523.) EDITORIAL NOTES CODIFICATION Section is from the Legislative Branch Appropriations Act, 2003, which is div. H of Pub. L. 108–7. AMENDMENTS 2021—Subsec. (a). Pub. L. 117–77, §2(b)(1), inserted "or as determined by the Chief of the Capitol Police in accordance with section 1970(a)(4)(B)(ii)(III) of this title," after "Congress," in introductory provisions and inserted concluding provisions. Subsec. (c). Pub. L. 117–77, §2(b)(2), (3), redesignated subsec. (d) as (c) and struck out former subsec. (c). Prior to amendment, text of subsec. (c) read as follows: "Any individual appointed under subsection (a) shall be subject to— "(1) qualification requirements as the Chief of the Capitol Police determines necessary; and "(2) approval by the Capitol Police Board." Subsec. (d). Pub. L. 117–77, §2(b)(3), (4), redesignated subsec. (f) as (d) and substituted "Majority Leader" for "President pro tempore". Former subsec. (d) redesignated (c). Subsec. (e). Pub. L. 117–77, §2(b)(2), (3), redesignated subsec. (g) as (e) and struck out former subsec. (e). Prior to amendment, text of subsec. (e) read as follows: "Any appointment under this section shall be subject to initial approval by the Capitol Police Board and to final approval by the Speaker of the House of Representatives (in consultation with the Minority Leader of the House of Representatives) and the President pro tempore of the Senate (in consultation with the Minority Leader of the Senate), acting jointly." Subsecs. (f), (g). Pub. L. 117–77, §2(b)(3), redesignated subsecs. (f) and (g) as (d) and (e), respectively. STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–77 effective Oct. 1, 2021, see section 4 of Pub. L. 117–77, set out as a note under section 1970 of this title.
§1974. Capitol Police special officers
2003-02-20T00:00:00
3eede540bb32a7f9d6c722815e5323f51af176edc7997cc14c80c0149e2871b8
US House of Representatives
2, 29, §1975
(a) Definition In this section, the term "United States" means each of the several States of the United States, the District of Columbia, and the territories and possessions of the United States. (b) In general A member of the Capitol Police may travel outside of the United States if— (1) that travel is with, or in preparation for, travel of a Senator, including travel of a Senator as part of a congressional delegation; (2) the member of the Capitol Police is performing security advisory and liaison functions (including advance security liaison preparations) relating to the travel of that Senator; and (3) the Sergeant at Arms and Doorkeeper of the Senate gives prior approval to the travel of the member of the Capitol Police. (c) Law enforcement functions Subsection (b) shall not be construed to authorize the performance of law enforcement functions by a member of the Capitol Police in connection with the travel authorized under that subsection. (d) Reimbursement [Release Point 118-70] The Capitol Police shall be reimbursed for the overtime pay, travel, and related expenses of any member of the Capitol Police who travels under the authority of this section. Any reimbursement under this subsection shall be paid from the account under the heading "SERGEANT AT ARMS " under the heading " AND DOORKEEPER OF THE SENATE CONTINGENT EXPENSES OF ". THE SENATE (e) Amounts received Any amounts received by the Capitol Police for reimbursements under subsection (d) shall be credited to the accounts established for the general expenses or salaries of the Capitol Police, and shall be available to carry out the purposes of such accounts during the fiscal year in which the amounts are received and the following fiscal year. (f) Effective date This section shall apply to fiscal year 2005 and each fiscal year thereafter. (Pub. L. 108–447, div. G, title I, §12, Dec. 8, 2004, 118 Stat. 3171.) EDITORIAL NOTES CODIFICATION Section is from the Legislative Branch Appropriations Act, 2005, which is div. G of the Consolidated Appropriations Act, 2005.
§1975. Overseas travel
2024-07-12T00:00:00
209d814bc93189881ae788d7330ed2317f058c0ddbd2d3f722731b4b9f91ab3d
US House of Representatives
2, 29, §1976
(a) In general The Capitol Police may accept the donation of animals to be used in the canine units of the Capitol Police. (b) Effective date This section shall apply with respect to fiscal year 2005 and each fiscal year thereafter. (Pub. L. 108–447, div. G, title I, §1005, Dec. 8, 2004, 118 Stat. 3180.) EDITORIAL NOTES CODIFICATION Section is from the Legislative Branch Appropriations Act, 2005, which is div. G of the Consolidated Appropriations Act, 2005.
§1976. Acceptance of donations of animals
2024-07-12T00:00:00
c909f16f1ed859243d92c09dbe2acbf83593d8dee9d28d8d219b5723708bb26c
US House of Representatives
2, 29, §1977
(a) Federal Tort Claims Act (1) In general Except as provided in paragraph (2), the Chief of the Capitol Police, in accordance with regulations prescribed by the Attorney General and any regulations as the Capitol Police Board may prescribe, may consider, ascertain, determine, compromise, adjust, and settle, in accordance with the provisions of chapter 171 of title 28, any claim for money damages against the United States for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Capitol Police while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred. (2) Special rule for claims made by Members of Congress and congressional employees (A) In general With respect to any claim described in paragraph (1) which is made by a Member of Congress or any officer or employee of Congress, the Chief of the Capitol Police shall— (i) not later than 14 days after the receipt of such a claim, notify the Chairman of the applicable Committee of the receipt of the claim; and (ii) not later than 90 days after the receipt of such a claim, submit a proposal for the resolution of such claim which shall be subject to the approval of the Chairman of the applicable Committee. (B) Extension The 90-day period in subparagraph (A)(ii) may be extended for an additional period (not to [Release Point 118-70] exceed 90 days) for good cause by the Chairman of the applicable Committee, upon the request of the Chief of the Capitol Police. (C) Approval consistent with Federal Tort Claims Act Nothing in this paragraph may be construed to permit the Chairman of an applicable Committee to approve a proposal for the resolution of a claim described in paragraph (1) which is not consistent with the terms and conditions applicable under chapter 171 of title 28 to the resolution of claims for money damages against the United States. (D) Applicable Committee defined In this paragraph, the term "applicable Committee" means— (i) the Committee on Rules and Administration of the Senate, in the case of a claim of a Senator or an officer or employee whose pay is disbursed by the Secretary of the Senate; or (ii) the Committee on House Administration of the House of Representatives, in the case of a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or an officer or employee whose pay is disbursed by the Chief Administrative Officer of the House of Representatives. (3) Head of agency For purposes of section 2672 of title 28, the Chief of the Capitol Police shall be the head of a Federal agency with respect to the Capitol Police. (4) Regulations The Capitol Police Board may prescribe regulations to carry out this subsection. (b) Claims of employees of Capitol Police (1) In general The Capitol Police Board may prescribe regulations to apply the provisions of section 3721 of title 31 for the settlement and payment of a claim against the Capitol Police by an employee of the Capitol Police for damage to, or loss of personal property incident to service. (2) Limitation No settlement and payment of a claim under regulations prescribed under this subsection may exceed the limits applicable to the settlement and payment of claims under section 3721 of title 31. (c) Rule of construction Nothing in this section may be construed to affect— (1) any payment under section 1304 of title 31 of a final judgment, award, compromise settlement, and interest and costs specified in the judgment based on a claim against the Capitol Police; or (2) any authority for any— (A) settlement under section 1414 of this title, or (B) payment under section 1415 of this title. (d) Effective date This section shall apply to fiscal year 2005 and each fiscal year thereafter. (Pub. L. 108–447, div. G, title I, §1006, Dec. 8, 2004, 118 Stat. 3180.) EDITORIAL NOTES CODIFICATION Section is from the Legislative Branch Appropriations Act, 2005, which is div. G of the Consolidated Appropriations Act, 2005. [Release Point 118-70]
§1977. Settlement and payment of tort claims
2024-07-12T00:00:00
648c8172045bec5000667d63d8c7dff7e791c53258c6f685f184327a360358d6
US House of Representatives
2, 29, §1978
(a) Requirements for prior notice and approval The Chief of the Capitol Police may not deploy any officer outside of the areas established by law for the jurisdiction of the Capitol Police unless— (1) the Chief provides prior notification to the Committee on House Administration of the House of Representatives, the Committee on Rules and Administration of the Senate, and the Committees on Appropriations of the House of Representatives and Senate of the costs anticipated to be incurred with respect to the deployment; and (2) the Capitol Police Board gives prior approval to the deployment. (b) Exception for certain services Subsection (a) does not apply with respect to the deployment of any officer for any of the following purposes: (1) Responding to an imminent threat or emergency. (2) Intelligence gathering. (3) Providing protective services. (c) Effective date This section shall apply with respect to fiscal year 2005 and each succeeding fiscal year. (Pub. L. 108–447, div. G, title I, §1007, Dec. 8, 2004, 118 Stat. 3182; Pub. L. 111–145, §2(c), Mar. 4, 2010, 124 Stat. 51.) EDITORIAL NOTES CODIFICATION Section is from the Legislative Branch Appropriations Act, 2005, which is div. G of the Consolidated Appropriations Act, 2005. AMENDMENTS 2010—Subsec. (a)(1). Pub. L. 111–145 substituted "prior notification to the Committee on House Administration of the House of Representatives, the Committee on Rules and Administration of the Senate, and" for "prior notification to".
§1978. Deployment outside of jurisdiction
2024-07-12T00:00:00
6542b6de4c2bd6d354b4393981f41518c4d0873b311bdea79cbbbc10e41c61f3
US House of Representatives
2, 29, §1979
(a) Definition In this section, the term "security information" means information that— (1) is sensitive with respect to the policing, protection, physical security, intelligence, counterterrorism actions, or emergency preparedness and response relating to Congress, any statutory protectee of the Capitol Police, and the Capitol buildings and grounds; and (2) is obtained by, on behalf of, or concerning the Capitol Police Board, the Capitol Police, or any incident command relating to emergency response. (b) Authority of Board to determine conditions of release Notwithstanding any other provision of law, any security information in the possession of the Capitol Police may be released by the Capitol Police to another entity, including an individual, only if the Capitol Police Board determines in consultation with other appropriate law enforcement officials, experts in security preparedness, and appropriate committees of Congress, that the release of the security information will not compromise the security and safety of the Capitol buildings and grounds or any individual whose protection and safety is under the jurisdiction of the Capitol Police. (c) Rule of construction Nothing in this section may be construed to affect the ability of the Senate and the House of [Release Point 118-70] Representatives (including any Member, officer, or committee of either House of Congress) to obtain information from the Capitol Police regarding the operations and activities of the Capitol Police that affect the Senate and House of Representatives. (d) Regulations The Capitol Police Board may promulgate regulations to carry out this section, with the approval of the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives. (e) Effective date This section shall take effect on December 8, 2004, and apply with respect to— (1) any remaining portion of fiscal year 2004, if this Act is enacted before October 1, 2004; and (2) fiscal year 2005 and each fiscal year thereafter. (Pub. L. 108–447, div. G, title I, §1009, Dec. 8, 2004, 118 Stat. 3182.) EDITORIAL NOTES REFERENCES IN TEXT This Act, referred to in subsec. (e)(1), is div. G of Pub. L. 108–447, Dec. 8, 2004, 118 Stat. 3166, known as the Legislative Branch Appropriations Act, 2005, which was enacted Dec. 8, 2004. CODIFICATION Section is from the Legislative Branch Appropriations Act, 2005, which is div. G of the Consolidated Appropriations Act, 2005.
§1979. Release of security information
2004-10-01T00:00:00
7dde500d9d8b5c9aad261e400669f03c8c2fb3e84f54024254cb6a1c3b8347dc
US House of Representatives
2, 29, §1980
(a) The United States Capitol Police may not operate a mounted horse unit during fiscal year 2006 or any succeeding fiscal year. (b) Not later than 60 days after the date of the enactment of this Act, the Chief of the Capitol Police shall transfer to the Chief of the United States Park Police the horses, equipment, and supplies of the Capitol Police mounted horse unit which remain in the possession of the Capitol Police as of such date. (Pub. L. 109–55, title I, §1002, Aug. 2, 2005, 119 Stat. 572.) EDITORIAL NOTES REFERENCES IN TEXT The date of the enactment of this Act, referred to in subsec. (b), is the date of the enactment of Pub. L. 109–55, which was approved Aug. 2, 2005. CODIFICATION Section is from the Legislative Branch Appropriations Act, 2006.
§1980. Mounted horse unit
2024-07-12T00:00:00
09838226f58a8e57d718cc11d150adc39dd0a1743c76cf02fca706eb463f1174
US House of Representatives
2, 29, §1981
During fiscal year 2008 and each succeeding fiscal year, following notification of the Committees on Appropriations of the House of Representatives and the Senate, the Committee on House Administration of the House of Representatives, and the Committee on Rules and Administration of the Senate the Chief of the Capitol Police may make payments in advance for obligations of the 1 United States Capitol Police for subscription services if the Chief determines it to be more prompt, efficient, or economical to do so. (Pub. L. 110–161, div. H, title I, §1002, Dec. 26, 2007, 121 Stat. 2227; Pub. L. 111–145, §2(d)(1), [Release Point 118-70] Vacant rooms; assignment to Representatives. 2005. Assignment of rooms in House Office Building. 2004. Speaker as member of House Office Building commission. 2003. Acquisition of buildings and facilities for use in emergency situation. 2002. House Office Building; control, supervision, and care. 2001. Sec. Mar. 4, 2010, 124 Stat. 51.) EDITORIAL NOTES CODIFICATION Section is from the Legislative Branch Appropriations Act, 2008, which is div. H of the Consolidated Appropriations Act, 2008. AMENDMENTS 2010—Pub. L. 111–145 inserted "the Committee on House Administration of the House of Representatives, and the Committee on Rules and Administration of the Senate" after "House of Representatives and the Senate,". STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111–145, §2(d)(2), Mar. 4, 2010, 124 Stat. 51, provided that: "The amendment made by this subsection [amending this section] shall take effect 30 days after the date of enactment of this Act [Mar. 4, 2010] and apply to payments made on or after that effective date." So in original. Probably should be followed by a comma. 1
§1981. Advance payments
2024-07-12T00:00:00
3c66619a209b830289b72261eec7e88fb61bc1fc30632348099527ae5b8d1185
US House of Representatives
2, 29, §1982
Upon notifying the Committees of Appropriations of the House of Representatives and Senate, the United States Capitol Police may accept surplus or obsolete property offered by another Federal department, agency, or office. (Pub. L. 115–31, div. I, title I, §1001(b), May 5, 2017, 131 Stat. 578.) EDITORIAL NOTES CODIFICATION Section is from the Legislative Branch Appropriations Act, 2017, which is div. I of the Consolidated Appropriations Act, 2017. STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE Section applicable with respect to fiscal year 2017 and each succeeding fiscal year, see section 1001(c) of Pub. L. 115–31, set out as an Effective Date of 2017 Amendment note under section 1906 of this title.
§1982. Acceptance of surplus or obsolete property
2017-05-05T00:00:00
0bcde96f31642c42640c0a77f2b1049fa13f556918346142967fc730e5bfcfa1
US House of Representatives
2, 30, §2001
[Release Point 118-70] The House of Representatives Office Building, which shall hereafter be designated as the House Office Building and the employment of all service, other than the United States Capitol Police, that may be appropriated for by Congress, necessary for its protection, care, and occupancy, shall be under the control and supervision of the Architect of the Capitol, subject to the approval and direction of a commission consisting of the Speaker of the House of Representatives and two Representatives in Congress, to be appointed by the Speaker. Vacancies occurring by resignation, termination of service as Representatives in Congress, or otherwise in the membership of said commission shall be filled by the Speaker, and any two members of said commission shall constitute a quorum to do business. The Architect of the Capitol shall submit annually to Congress estimates in detail for all services, other than the United States Capitol Police, and for all other expenses in connection with said office building and necessary for its protection, care, and occupancy; and said commission herein referred to shall from time to time prescribe rules and regulations to govern said architect in making all such employments, together with rules and regulations governing the use and occupancy of all rooms and space in said building. (Mar. 4, 1907, ch. 2918, 34 Stat. 1365; May 28, 1908, No. 30, 35 Stat. 578; Mar. 3, 1921, ch. 124, 41 Stat. 1291; Pub. L. 111–145, §6(c)(1), Mar. 4, 2010, 124 Stat. 54.) EDITORIAL NOTES CODIFICATION Section was classified to section 175 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. Section is based on act Mar. 4, 1907, popularly known as the "Sundry Civil Appropriation Act, fiscal year 1908" appropriating for the maintenance of such Building. AMENDMENTS 2010—Pub. L. 111–145 substituted "other than the United States Capitol Police" for "other than officers and privates of the Capitol police" in two places. STATUTORY NOTES AND RELATED SUBSIDIARIES 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 former section 1801 of this title. SHORT TITLE OF 2012 AMENDMENT Pub. L. 112–234, §1, Dec. 28, 2012, 126 Stat. 1624, provided that: "This Act [amending sections 2084 and 2108 of this title, section 2703a of Title 19, Customs Duties, section 1708a of Title 21, Food and Drugs, section 376 of Title 28, Judiciary and Judicial Procedure, and section 2103 of Title 36, Patriotic and National Observances, Ceremonies, and Organizations, amending provisions set out as notes under section 4301 of Title 38, Veterans' Benefits, and section 416 of Title 39, Postal Service, and repealing provisions set out as a note under section 416 of Title 39] may be cited as the 'GAO Mandates Revision Act of 2012'." ACQUISITION OF SITE Act Mar. 3, 1903, ch. 1007, 32 Stat. 1113, authorized acquisition of a site for and the construction of the House Office Building, and appointment of a Commission to supervise its construction. Joint Resolution May 28, 1908, provided that it should be designated the House Office Building. HOUSE PUBLIC ADDRESS SOUND SYSTEM ACTIVITIES; TRANSFER OF EMPLOYEES AND FUNDING Pub. L. 104–197, title III, §307, Sept. 16, 1996, 110 Stat. 2413, provided that: "(a) Upon approval of the Committee on Appropriations of the House of Representatives, and in accordance with conditions determined by the Committee on House Oversight [now Committee on House Administration], positions in connection with House public address sound system activities and related funding shall be transferred from the appropriation for the Architect of the Capitol for Capitol buildings and grounds under the heading ' ' to the appropriation for salaries and expenses of the CAPITOL BUILDINGS [Release Point 118-70] House of Representatives for the Office of the Clerk under the heading 'SALARIES, OFFICERS AND '. EMPLOYEES "(b) For purposes of section 8339(m) of title 5, United States Code, the days of unused sick leave to the credit of any such employee as of the date such employee is transferred under subsection (a) shall be included in the total service of such employee in connection with the computation of any annuity under subsections (a) through (e) and (o) of such section. "(c) In the case of days of annual leave to the credit of any such employee as of the date such employee is transferred under subsection (a), the Architect of the Capitol is authorized to make a lump sum payment to each such employee for that annual leave. No such payment shall be considered a payment or compensation within the meaning of any law relating to dual compensation." TRANSFER OF O'NEILL BUILDING TO HOUSE OF REPRESENTATIVES Pub. L. 114–223, div. C, §176, as added by Pub. L. 114–254, div. A, §101(3), Dec. 10, 2016, 130 Stat. 1012, provided that: "(a) .—Effective upon the expiration of the 180-day period that begins on the date of the TRANSFER enactment of this section [Dec. 10, 2016]— "(1) the building described in subsection (e) shall become an office building of the House of Representatives; "(2) the Administrator of General Services shall transfer custody, control, and administrative jurisdiction over the building to the Architect of the Capitol; and "(3) the Architect of the Capitol shall exercise custody, control, and administrative jurisdiction over the building subject to the direction of the House Office Building Commission. "(b) .—Upon the TREATMENT AS HOUSE OFFICE BUILDING AND PART OF CAPITOL GROUNDS transfer of custody, control, and administrative jurisdiction under subsection (a), the building and grounds described in subsection (e) shall be treated as a House Office Building and as part of the United States Capitol Grounds for purposes of all laws, rules, and regulations applicable to the House Office Buildings and the Capitol Grounds, including— "(1) chapter 51 of title 40, United States Code (relating to the administration of the United States Capitol Buildings and Grounds); and "(2) section 9 of the Act entitled 'An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes', approved July 31, 1946 (2 U.S.C. 1961) (relating to the authority of the United States Capitol Police to police the United States Capitol Buildings and Grounds). "(c) AUTHORITY OF ARCHITECT OF THE CAPITOL TO ENTER INTO LEASES AND OTHER AGREEMENTS WITH FEDERAL DEPARTMENTS AND AGENCIES FOR USE OF BUILDING.— "(1) .—The Architect of the Capitol is authorized to enter into leases and AUTHORITY DESCRIBED other agreements with departments and agencies of the Federal Government for the use of the building described in subsection (e) (or portions thereof), subject to the approval of the House Office Building Commission. "(2) .—Pursuant to a lease or other agreement entered into between COLLECTION OF PAYMENTS the Architect of the Capitol and a department or agency of the Federal Government under the authority described in paragraph (1), the Architect of the Capitol is authorized to collect payments from such department or agency and such department or agency is authorized to make payments to the Architect of the Capitol, including payments of commercially-equivalent rent. "(3) .—Any payments received by the Architect of the Capitol TREATMENT OF PAYMENTS pursuant to any lease or other agreement entered into under this subsection shall be deposited to the appropriation available to the Architect of the Capitol from the House Office Buildings Fund established under subsection (d) and shall be subject to future appropriation. "(d) HOUSE OFFICE BUILDINGS FUND.— "(1) .—There is established in the Treasury of the United States a fund to be ESTABLISHMENT known as the 'House Office Buildings Fund' (hereafter in this section referred to as the 'Fund'). "(2) .—The Fund shall consist of the following amounts: CONTENTS OF FUND "(A) Amounts transferred by the Architect of the Capitol under paragraph (3) of subsection (c). "(B) Interest earned on the balance of the Fund. "(C) Such other amounts as may be appropriated by law. "(3) .—Amounts in the Fund shall be available to the Architect of the Capitol for the USE OF FUND maintenance, care, and operation of the House office buildings, and may be used to reimburse the United [Release Point 118-70] States Capitol Police, the House of Representatives, or any other office of the legislative branch which provides goods or services for the maintenance, care, and operation of the building and grounds described in subsection (e), in such amounts as may be appropriated under law. "(4) .—Upon making any obligation or NOTIFICATION TO COMMITTEE ON APPROPRIATIONS expenditure of any amount in the Fund, the Architect of the Capitol shall notify the Committee on Appropriations of the House of Representatives of the amount and purpose of the obligation or expenditure. "(5) .—Amounts in the Fund are available without CONTINUING AVAILABILITY OF FUNDS regard to fiscal year limitation. "(e) DESCRIPTION OF BUILDING AND GROUNDS.— "(1) .—The building and grounds described in this subsection is the Federal building DESCRIPTION located in the District of Columbia which is commonly known as the 'Thomas P. O'Neill Jr. Federal Building', and which is more particularly described as follows: Square 579, Lot 827, at 200 C Street Southwest, bounded by C Street Southwest on the north, by 2nd Street Southwest on the east, by D Street Southwest on the south, and by 3rd Street Southwest on the west, and by all that area contiguous to and surrounding Square 579 from the property line thereof to the west curb of 3rd Street Southwest, the north curb of C Street Southwest, the east curb of 2nd Street Southwest, and the south curb of D Street Southwest. "(2) .—The Mayor of the RETENTION OF RESPONSIBILITIES OF DISTRICT OF COLUMBIA District of Columbia will retain responsibility for the maintenance and improvement of those portions of the streets which are situated between the curb lines of the streets referenced in paragraph (1)." 501 FIRST STREET SE., DISTRICT OF COLUMBIA; DISPOSAL OF REAL PROPERTY Pub. L. 113–76, div. I, title I, §1302, Jan. 17, 2014, 128 Stat. 429, provided that: "(a) .—In exercising its authority under the item 'Architect of the Capitol, Capitol USE OF BUILDING Buildings and Grounds, House Office Buildings' in the Legislative Branch Appropriations Act, 1985 (Public Law 98–367; 2 U.S.C. 2001 note), to use the building referred to in such item for the purposes of providing office and accommodations for the House of Representatives, the House Office Building Commission is authorized to enter into such agreements regarding the use of the building by the House or by other persons as the Commission considers appropriate. "(b) .—This section shall apply with respect to fiscal year 2014 and each succeeding EFFECTIVE DATE fiscal year." Pub. L. 104–99, title I, §121, Jan. 26, 1996, 110 Stat. 30, as amended by Pub. L. 105–275, title I, §110, Oct. 21, 1998, 112 Stat. 2440, provided that: "(a) DISPOSAL OF REAL PROPERTY.— "(1) .—The Architect of the Capitol shall dispose of by sale at fair market value all IN GENERAL right, title, and interest of the United States in and to the parcel of real property described in paragraph (9), including all improvements to such real property. Such disposal shall be made by quitclaim deed. "(2) .—The Architect of the Capitol shall carry out this HOUSE OFFICE BUILDING COMMISSION section under the direction of the House Office Building Commission. "(3) .—Notwithstanding any other provision of law, the disposal under paragraph (1) PROCEDURES shall be made in accordance with such procedures as the Architect of the Capitol determines appropriate. "(4) .—It is the sense of Congress that the child care center of the House of SENSE OF CONGRESS Representatives should remain in operation during the implementation of this section. "(5) .—The deed of conveyance for the property to be disposed of under TERMS AND CONDITIONS paragraph (1) shall contain such terms and conditions as the Architect of the Capitol determines are necessary to protect the interests of the United States. "(6) .—All proceeds from the disposal under paragraph (1) shall be DEPOSIT OF PROCEEDS deposited in the account established by subsection (b). "(7) .—The Architect of the Capitol shall begin advertising and ADVERTISING AND MARKETING marketing the property to be disposed of under paragraph (1) not later than 30 days after the date of the enactment of this Act [Jan. 26, 1996]. "(8) .—Until such date as the purchaser of LOCAL ZONING AND OCCUPANCY REQUIREMENTS the property to be disposed of under paragraph (1) takes full occupancy of such property, such property and the tenants of such property shall be deemed to be in compliance with all applicable zoning and occupancy requirements of the District of Columbia. "(9) .—The parcel of real property referred to in paragraph (1) is the PROPERTY DESCRIPTION approximately 31,725 square feet of land located at 501 First Street, SE., on square 736 S, Lot 801 (formerly part of Reservation 17) in the District of Columbia. Such parcel is bounded by E Street, SE., to the north, First Street, SE., to the east, New Jersey Avenue, SE., to the west, and Garfield Park to the south. [Release Point 118-70] "(b) SEPARATE ACCOUNT IN THE TREASURY.— "(1) .—There is established in the Treasury of the United States a separate account ESTABLISHMENT which shall consist of amounts deposited into the account by the Architect of the Capitol under subsection (a). "(2) .—Funds in the account established by paragraph (1) shall be AVAILABILITY OF FUNDS available, in such amounts as are specified in appropriations Acts, to the Architect of the Capitol for— "(A) payment of expenses associated with relocating the tenants of the property to be disposed of under subsection (a)(1); "(B) payment of expenses associated with renovating facilities under the jurisdiction of the Architect for the purpose of accommodating such tenants; "(C) reimbursement of expenses incurred for advertising and marketing activities related to the disposal under subsection (a)(1) in a total amount of not to exceed $75,000; and "(D) reimbursement of expenses incurred by the Chief Administrative Officer of the House of Representatives to cover the costs of furnishings and furniture to accommodate the needs of the House of Representatives Child Care Center. Funds made available under this paragraph shall not be subject to any fiscal year limitation. "(3) .—Receipts, obligations, and expenditures of funds in the REPORTING OF TRANSACTIONS account established by paragraph (1) shall be reported in annual estimates submitted to Congress by the Architect of the Capitol for the operation and maintenance of the Capitol Buildings and Grounds. "(4) .—Not later than 2 years after the date of settlement on the TERMINATION OF ACCOUNT property to be disposed of under subsection (a)(1), the Architect of the Capitol shall terminate the account established by paragraph (1) and all amounts remaining in the account shall be deposited into the general fund of the Treasury of the United States and credited as miscellaneous receipts. "(c) AUTHORITY TO FURNISH STEAM AND CHILLED WATER.— "(1) .—The Architect of the Capitol is authorized to furnish steam and chilled water IN GENERAL from the Capitol Power Plant to the owner of the property to be disposed of under subsection (a)(1) if the owner agrees to pay for such steam and chilled water at market rates, as determined by the Architect of the Capitol. "(2) .—The Architect of the Capitol may AUTHORITY LIMITED TO EXISTING FACILITIES furnish steam and chilled water under paragraph (1) only with respect to facilities which, on the date of the enactment of this Act [Jan. 26, 1996], are located on the property to be disposed of under subsection (a)(1). "(3) .—All proceeds from the sale of steam and chilled water under paragraph (1) shall be PROCEEDS deposited into the general fund of the Treasury of the United States and credited as miscellaneous receipts." [Pub. L. 104–134, title II, §21103, Apr. 26, 1996, 110 Stat. 1321–335, provided that: "Notwithstanding section 106 of Public Law 104–99 [110 Stat. 27], sections 118 [110 Stat. 30], 121 [set out as a note above], and 129 [amending section 1611 of this title and enacting provisions set out as a note under section 1611 of this title] of Public Law 104–99 shall remain in effect as if enacted as part of this Act."] Pub. L. 98–367, title I, July 17, 1984, 98 Stat. 483, provided in part: "That notwithstanding any other provision of law, the House Office Building Commission is authorized to use, to such extent as it may deem necessary, for the purposes of providing office and other accommodations for the House of Representatives, the building located at 501 First Street, S.E., on a portion of Reservation 17 in the District of Columbia when such building is acquired by the Architect of the Capitol at the direction of the House Office Building Commission under authority of the Additional House Office Building Act of 1955 [act Apr. 22, 1955, ch. 26, Ch. XIIA, 69 Stat. 41, see note below], and to incur any expenditures under this appropriation required for alterations, maintenance, and occupancy thereof: , That any space in such building used for Provided further office and other accommodations for the House of Representatives shall be deemed to be a part of the 'House Office Buildings' and, as such, shall be subject to the laws, rules, and regulations applicable to those buildings." HOUSE PARKING ACTIVITIES; TRANSFER OF EMPLOYEES AND FUNDING Pub. L. 104–53, title III, §306, Nov. 19, 1995, 109 Stat. 536, provided that: "(a) Upon approval of the Committee on Appropriations of the House of Representatives, and in accordance with conditions determined by the Committee on House Oversight [now Committee on House Administration], positions in connection with House parking activities and related funding shall be transferred from the appropriation 'Architect of the Capitol, Capitol buildings and grounds, House office buildings' to the appropriation 'House of Representatives, salaries, officers and employees, Office of the Sergeant at Arms': , That the position of Superintendent of Garages shall be subject to authorization in annual Provided appropriations Acts. [Release Point 118-70] "(b) For purposes of section 8339(m) of title 5, United States Code, the days of unused sick leave to the credit of any such employee as of the date such employee is transferred under subsection (a) shall be included in the total service of such employee in connection with the computation of any annuity under subsections (a) through (e) and (o) of such section. "(c) In the case of days of annual leave to the credit of any such employee as of the date such employee is transferred under subsection (a) the Architect of the Capitol is authorized to make a lump sum payment to each such employee for that annual leave. No such payment shall be considered a payment or compensation within the meaning of any law relating to dual compensation." DESIGNATION OF HOUSE OFFICE BUILDINGS House Resolution No. 402, One Hundred First Congress, Sept. 10, 1990, provided that: "SECTION 1. DESIGNATIONS. "(a) .—The House of THOMAS P. O'NEILL, JR. HOUSE OF REPRESENTATIVES OFFICE BUILDING Representatives office building located at C Street and New Jersey Avenue, Southeast, in the District of Columbia, and known as House of Representatives Office Building Annex No. 1, shall be known and designated as the 'Thomas P. O'Neill, Jr. House of Representatives Office Building'. "(b) .—The House of GERALD R. FORD HOUSE OF REPRESENTATIVES OFFICE BUILDING Representatives office building located at 3d and D Streets, Southwest, in the District of Columbia, and known as House of Representatives Office Building Annex No. 2, shall be known and designated as the 'Gerald R. Ford House of Representatives Office Building'. "SEC. 2. REFERENCES. "Any reference in a law, map, regulation, document, paper, or other record of the United States to a building referred to in section 1 shall be deemed to be a reference to the building as designated in that section. "SEC. 3. STATUES. "The Speaker of the House of Representatives may purchase or accept as a gift to the House of Representatives, for permanent display in the appropriate building designated in section 1, a suitable statue or bust of the individual for whom the building is named. Such purchase or acceptance shall be carried out— "(1) in the case of the building referred to in section 1(a), in consultation with the majority leader of the House of Representatives; and "(2) in the case of the building referred to in section 1(b), in consultation with the minority leader of the House of Representatives." ADDITIONAL HOUSE OFFICE BUILDING Pub. L. 94–6, ch. I, Feb. 28, 1975, 89 Stat. 12, provided in part that: "Notwithstanding any other provision of law, the House Office Building Commission is authorized (1) to use, to such extent as it may deem necessary, for the purposes of providing office and other accommodations for the House of Representatives, the building located on Square 581 in the District of Columbia when such Square, including the improvements thereon, is acquired by the Architect of the Capitol at the direction of the House Office Building Commission under authority of the Additional House Office Building Act of 1955 [act Apr. 22, 1955, ch. 26, Ch. XIIA, 69 Stat. 41, see note below] and to incur any expenditures under this appropriation [$15,000,000 for fiscal year ending June 30, 1975, to remain available until expended] required for alterations, maintenance, and occupancy thereof, and (2) prior to occupancy of the entire building by the House of Representatives, to permit the temporary occupancy by other governmental activities of any part of such building not so occupied, under such terms and conditions as such Commission may authorize: , That any space in such Provided further building used for office and other accommodations for the House of Representatives shall be deemed to be a part of the 'House Office Buildings' and, as such, shall be subject to the laws, rules, and regulations applicable to those buildings." Act Apr. 22, 1955, ch. 26, Ch. XIIA, 69 Stat. 41, known as the Additional House Office Building Act of 1955, authorized the construction of an additional fireproof office building for use of the House of Representatives, on a site approved by the House Office Building Commission, in accordance with plans prepared by the Architect of the Capitol and approved by the Commission, authorized the Architect of the Capitol to acquire certain real property in the District of Columbia, subject to the approval of the Commission, for construction of the office building or for additions to the United States Capitol Grounds, designated the necessary procedure for condemnation proceedings conducted pursuant to such real property acquisition, authorized the demolition of certain buildings by the Architect, and appropriated $5,000,000 and authorized such additional appropriations as the Commission deemed necessary for the construction project. [Release Point 118-70] USE OF CONGRESSIONAL HOTEL AS HOUSE OFFICE BUILDING; LEASE OF UNUSED SPACE Pub. L. 92–313, §8, June 16, 1972, 86 Stat. 222, provided that: "(a) Notwithstanding any other provision of law, the House Office Building Commission is authorized (1) to use, to such extent as it may deem necessary, for the purpose of providing office and other accommodations for the House of Representatives, the building, known as the Congressional Hotel, acquired by the Government in 1957 as part of Lot 20 in Square 692 in the District of Columbia under authority of the Additional House Office Building Act of 1955 [act Apr. 22, 1955, ch. 26, Ch. XIIA, 69 Stat. 41, see note above] and (2) to direct the Architect of the Capitol to lease, at fair market value, for such other use and under such terms and conditions and to such parties as such Commission may authorize, any space in such building not required for the aforesaid purpose. "(b) Any space in such building used for office and other accommodations for the House of Representatives shall be deemed to be a part of the 'House Office Buildings' and, as such, shall be subject to the laws, rules, and regulations applicable to those buildings." ADDITIONAL PARKING SPACE FOR HOUSE EMPLOYEES House Resolution No. 208, Ninety-fourth Congress, Feb. 24, 1975, as enacted into permanent law by Pub. L. 94–59, title II, §201, July 25, 1975, 89 Stat. 282, and amended by Pub. L. 104–186, title II, §221(4)(B), Aug. 20, 1996, 110 Stat. 1749, provided: "That the chairman, Committee on House Oversight [now Committee on House Administration] of the House of Representatives is authorized: "(1) to lease or to otherwise provide additional indoor and outdoor parking facilities for employees of the House of Representatives in an area or areas in the District of Columbia outside but adjacent to the limits of the United States Capitol Grounds; "(2) to regulate and assign such additional parking facilities; "(3) to utilize the United States Capitol Police with respect to such parking areas, and transit routes; and "(4) to utilize the services of the Architect of the Capitol to prepare bids, leases, or otherwise assist in obtaining such additional parking facilities. Until otherwise provided by law, there shall be paid out of the applicable accounts of the House of Representatives such sums as may be necessary to carry out this authorization." INCLUSION OF ADDITIONAL AREAS AND BUILDINGS For inclusion of additional areas and buildings as part of the United States Capitol grounds, see order of the House Office Building Commission affecting the Capitol grounds and buildings, set out as a note under section 5102 of Title 40, Public Buildings, Property, and Works. COMPENSATION OF SUPERINTENDENT OF GARAGES OF HOUSE OFFICE BUILDINGS Pub. L. 100–458, title I, Oct. 1, 1988, 102 Stat. 2170, as amended by Pub. L. 102–90, title I, §105, Aug. 14, 1991, 105 Stat. 460; Pub. L. 104–186, title II, §221(4)(A), Aug. 20, 1996, 110 Stat. 1748, provided: "That upon enactment of this Act [Oct. 1, 1988], the pay for the position of Superintendent of Garages shall be equivalent to the pay payable for positions at step 1 of level 12 of the House Employees Schedule, subject to the further increases authorized under section 5306(a)(1)(B) of title 5, United States Code, relating to the implementation of salary comparability policy, and subject to any increase which may be allowed by the Committee on House Oversight [now Committee on House Administration] based on performance exceeding an acceptable level of competence over a 52-week period (except that no such performance-based increase shall affect the waiting period or effective date of any longevity step-increase or increase under such section 5306(a)(1)(B))." COMPENSATION OF PERSONNEL ASSIGNED TO HOUSE GARAGES IN CONNECTION WITH PARKING ACTIVITIES Pub. L. 93–245, ch. VI, Jan. 3, 1974, 87 Stat. 1079, provided that: "Effective on the first day of the first applicable pay period which begins on or after the date of enactment of this Act [Jan. 3, 1974], the compensation of personnel assigned to the House garages in connection with parking activities and paid from the appropriation 'House Office Building' under the Architect of the Capitol, shall be fixed by the Architect of the Capitol without regard to chapter 51 and subchapters III and IV of chapter 53 of title 5, United States Code, and shall thereafter be adjusted in accordance with 5 U.S.C. 5307." [Release Point 118-70]
§2001. House Office Building; control, supervision, and care
1975-07-25T00:00:00
508d9921ef0a253cbb70c5068d8013e768560a00efcc015297f244f6ff5c050f
US House of Representatives
2, 30, §2002
(a) Acquisition of buildings and facilities Notwithstanding any other provision of law, in order to respond to an emergency situation, the Chief Administrative Officer of the House of Representatives may acquire buildings and facilities, subject to the availability of appropriations, for the use of the House of Representatives by lease, purchase, or such other arrangement as the Chief Administrative Officer considers appropriate (including a memorandum of understanding with the head of an executive agency, as defined in section 105 of title 5, in the case of a building or facility under the control of such Agency), subject to the approval of the House Office Building Commission. (b) Agreements Notwithstanding any other provision of law, for purposes of carrying out subsection (a), the Chief Administrative Officer may carry out such activities and enter into such agreements related to the use of any building or facility acquired pursuant to such subsection as the Chief Administrative Officer considers appropriate, including— (1) agreements with the United States Capitol Police or any other entity relating to the policing of such building or facility; and (2) agreements with the Architect of the Capitol or any other entity relating to the care and maintenance of such building or facility. (c) Authority of Capitol Police and Architect (1) Architect of the Capitol Notwithstanding any other provision of law, the Architect of the Capitol may take any action necessary to carry out an agreement entered into with the Chief Administrative Officer pursuant to subsection (b). (2) Omitted (d) Transfer of certain funds Subject to the approval of the Committee on Appropriations of the House of Representatives, the Architect of the Capitol may transfer to the Chief Administrative Officer amounts made available to the Architect for necessary expenses for the maintenance, care and operation of the House office buildings during a fiscal year in order to cover any portion of the costs incurred by the Chief Administrative Officer during the year in acquiring a building or facility pursuant to subsection (a). (e) Effective date This section and the amendments made by this section shall apply with respect to fiscal year 2002 and each succeeding fiscal year. (Pub. L. 107–117, div. B, §903, Jan. 10, 2002, 115 Stat. 2317; Pub. L. 107–206, title I, §903(a)(1), Aug. 2, 2002, 116 Stat. 876.) EDITORIAL NOTES REFERENCES IN TEXT For the amendments made by this section, referred to in subsec. (e), see Codification note below. CODIFICATION Section was classified to section 175a of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. Section is comprised of section 903 of Pub. L. 107–117. Subsec. (c)(2) of section 903 of Pub. L. 107–117 amended section 1961 of this title. AMENDMENTS 2002—Subsec. (a). Pub. L. 107–206 substituted "buildings and facilities, subject to the availability of appropriations," for "buildings and facilities". [Release Point 118-70] STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–206, title I, §903(c), Aug. 2, 2002, 116 Stat. 876, provided that: "The amendment made by this section [amending this section and section 1961 of this title] shall take effect as if included in the enactment of the Emergency Supplemental Act, 2002 [Pub. L. 107–117, div. B]."
§2002. Acquisition of buildings and facilities for use in emergency situation
2024-07-12T00:00:00
59c3391af53838ec36741e9852ed26c1480ca3bd75ea87233a2f44804cfb3cde
US House of Representatives
2, 30, §2003
The Speaker shall continue a member of the commission in control of said building until his successor as Speaker is elected or his term as a Representative in Congress shall have expired. (Mar. 4, 1911, ch. 240, 36 Stat. 1306.) EDITORIAL NOTES CODIFICATION Section was classified to section 176 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. Section is based on act Mar. 4, 1911, popularly known as the "Deficiency Appropriation Act, fiscal year 1911".
§2003. Speaker as member of House Office Building commission
2024-07-12T00:00:00
b2773cf374d35c383af7bbc1ba3ff11401300ac9f06368ccc27c8f1c62287533
US House of Representatives
2, 30, §2004
The assignment of rooms in the House Office Building, made prior to May 28, 1908, by resolution or order of the House of Representatives, shall continue in force until modified or changed in accordance with the provisions of sections 2004 to 2011 of this title, and the room so assigned to any Representative shall continue to be held by such Representative as his individual office room so long as he shall remain a Member or Member-elect of the House of Representatives, or until he shall relinquish the same, subject, however, to the provisions of said sections, and no Representative shall allow his office room to be used for any other purpose. (May 28, 1908, No. 30, 35 Stat. 578.) EDITORIAL NOTES CODIFICATION Section was classified to section 177 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
§2004. Assignment of rooms in House Office Building
1908-05-28T00:00:00
c57bad210ff745d1117e287793e70913d392698c9672ee71ef511acca4530921
US House of Representatives
2, 30, §2005
Any Member or Member-elect of the House of Representatives may file with the Architect of the Capitol a request in writing that any individual office room be assigned to him whenever it shall become vacant. If only one such request has been made for any room which shall at any time have become vacant, the room shall be assigned as requested. If two or more requests are made for the same vacant room, preference shall be given to the Representative making the request who has been longest in continuous service as a Member and Member-elect of the House of Representatives. If two or more Representatives with equal length of continuous service, or two or more Representatives-elect make request for the same room, preference shall be given to the one first preferring his request. (May 28, 1908, No. 30, 35 Stat. 578; Mar. 3, 1921, ch. 124, 41 Stat. 1291.) [Release Point 118-70] EDITORIAL NOTES CODIFICATION Section was classified to section 178 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. STATUTORY NOTES AND RELATED SUBSIDIARIES 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 former section 1801 of this title.
§2005. Vacant rooms; assignment to Representatives
1908-05-28T00:00:00
24846221f154508c798a9679e818875f7a39c74784bfc0e23941f39243c57d78
US House of Representatives
2, 30, §2006
A Representative or Representative-elect making request for the assignment of a vacant room may withdraw the same at any time and no one shall have pending at the same time more than one such request. The assignment of a new room to a Representative, upon his request, or the appointment of any Representative having an individual office room as chairman of a committee having a committee room, shall act as a relinquishment by him of the room previously assigned to him. (May 28, 1908, No. 30, 35 Stat. 578.) EDITORIAL NOTES CODIFICATION Section was classified to section 179 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
§2006. Withdrawal by Representative of request for vacant rooms
1908-05-28T00:00:00
712a4a0622c45b1055bd377ff6edc32c624c58c437875d60078ded96653e9fec
US House of Representatives
2, 30, §2007
Representatives having rooms assigned to them in the foregoing manner may exchange rooms one with another, but such exchange shall be valid only so long as both Members making the exchange shall remain continuously Members or Members-elect of the House of Representatives. (May 28, 1908, No. 30, 35 Stat. 578.) EDITORIAL NOTES CODIFICATION Section was classified to section 180 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
§2007. Exchange of rooms
1908-05-28T00:00:00
8f23fa8fefddcb4ab4464c2bf58ce1210e0d9d09d06e4d15e03f60c25f727fa6
US House of Representatives
2, 30, §2008
The Architect of the Capitol shall keep a record of the assignment of rooms made, exchanges which may be made, requests for vacant rooms which may be filed, and the assignment thereof, which record shall be open for the inspection of Representatives or Representatives-elect of the House. (May 28, 1908, No. 30, 35 Stat. 579; Mar. 3, 1921, ch. 124, 41 Stat. 1291.) EDITORIAL NOTES [Release Point 118-70] CODIFICATION Section was classified to section 181 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. STATUTORY NOTES AND RELATED SUBSIDIARIES 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 former section 1801 of this title.
§2008. Record of assignment of rooms
1908-05-28T00:00:00
401c45f46e71acae7f6ddd086a1a325a25c9d26bdf1db359dee0fbcd435cd9d3
US House of Representatives
2, 30, §2009
In the matter of the assignment of rooms under sections 2004 to 2011 of this title, Delegates in Congress and the Commissioner from Puerto Rico shall be treated the same as Representatives. (May 28, 1908, No. 30, 35 Stat. 579; May 17, 1932, ch. 190, 47 Stat. 158; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352.) EDITORIAL NOTES CODIFICATION Section was classified to section 182 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. Words "and the Philippine Islands" after "Puerto Rico" were omitted pursuant to 1946 Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352, which granted independence to the Philippine Islands on July 4, 1946, under the authority of act Mar. 24, 1934, ch. 84, §10, 48 Stat. 463, as amended, which is classified to section 1394 of Title 22, Foreign Relations and Intercourse. STATUTORY NOTES AND RELATED SUBSIDIARIES CHANGE OF NAME "Puerto Rico" substituted in text for "Porto Rico" pursuant to act May 17, 1932, which is classified to section 731a of Title 48, Territories and Insular Possessions. COMMISSIONER FROM PUERTO RICO AS RESIDENT COMMISSIONER Section 2106 of Title 5, Government Organization and Employees, provides that the term "Members of Congress" shall include the "Resident Commissioner from Puerto Rico."
§2009. Assignment of rooms to Commissioner from Puerto Rico
1932-05-17T00:00:00
f3325e7f8d811c3e240cf1cc546455606af9d7220c45ccce1e5e104c0df61f4e
US House of Representatives
2, 30, §2010
The assignment and reassignment of the rooms and other space in the House Office Building shall be subject to the control of the House of Representatives by rule, resolution, order, or otherwise. Nothing in sections 2004 to 2011 of this title shall be construed to affect or repeal the provisions of section 2001 of this title, placing said House Office Building under the control of the Architect of the Capitol, subject to the approval and direction of the commission provided therein. (May 28, 1908, No. 30, 35 Stat. 579; Mar. 3, 1921, ch. 124, 41 Stat. 1291.) EDITORIAL NOTES CODIFICATION Section was classified to section 183 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. [Release Point 118-70] STATUTORY NOTES AND RELATED SUBSIDIARIES 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 former section 1801 of this title.
§2010. Assignment of rooms; control of by House
1908-05-28T00:00:00
e1832f82d0c261eeb1b05d1473ede280052f5562c31f6af4f406245a389a8e11
US House of Representatives
2, 30, §2011
Unoccupied space in said building shall be assigned by the Architect of the Capitol under the direction of the commission and subject to the control of the House of Representatives. (May 28, 1908, No. 30, 35 Stat. 579; Mar. 3, 1921, ch. 124, 41 Stat. 1291.) EDITORIAL NOTES CODIFICATION Section was classified to section 184 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. STATUTORY NOTES AND RELATED SUBSIDIARIES 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 former section 1801 of this title.
§2011. Assignment of unoccupied space
1908-05-28T00:00:00
0991d01c24b1cf897c9107571e418646e6f415d747bfe5fe4eab10608bfd91b9
US House of Representatives
2, 30, §2012
The Chief Administrative Officer of the House of Representatives shall supervise and direct the care and repair of all furniture in the Hall, cloakrooms, lobby, committee rooms, and offices of the House, and all furniture required for the House of Representatives or for any of its committee rooms or offices shall be procured on designs and specifications made or approved by the Chief Administrative Officer. (Apr. 28, 1902, ch. 594, 32 Stat. 125; Pub. L. 111–248, §3(a), Sept. 30, 2010, 124 Stat. 2626.) EDITORIAL NOTES CODIFICATION Section was classified to section 169 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. Section is based on par. from act Apr. 28, 1902, popularly known as the "Legislative, Executive, and Judicial Appropriation Act, fiscal year 1903". AMENDMENTS 2010—Pub. L. 111–248 amended section generally. Prior to amendment, text read as follows: "The Architect of the Capitol shall supervise and direct the care and repair of all furniture in the Hall, cloakrooms, lobby, committee rooms, and offices of the House, and all furniture required for the House of Representatives or for any of its committee rooms or offices shall be procured on designs and specifications made or approved by the said Architect."
§2012. Furniture for House of Representatives
2024-07-12T00:00:00
091cc37e19a1e956bf7822ce67015d49c7b6ec932e3c0e2814a76c2e78c18002
US House of Representatives
2, 30, §2013
expenditure There is established in the Treasury a revolving fund for the House of Representatives [Release Point 118-70] gymnasium. The Architect of the Capitol shall deposit in the fund such amounts as the Architect may receive as gymnasium dues or assessments from Members of the House of Representatives and other authorized users of the gymnasium. The amounts so deposited shall be available for obligation by the Architect for expenses of the gymnasium. (Pub. L. 102–392, title I, §106, Oct. 6, 1992, 106 Stat. 1715.) EDITORIAL NOTES CODIFICATION Section was formerly classified to section 117i of this title prior to editorial reclassification and renumbering as this section. Section is from the Congressional Operations Appropriations Act, 1993, which is title I of the Legislative Branch Appropriations Act, 1993. SUBCHAPTER II—SENATE
§2013. Revolving fund for House gymnasium; deposit of receipts; availability for
2024-07-12T00:00:00
5b3162491217b0c9cf0fa4bf5e98c95d48924dd326a7ad79786dc033cf313b01
US House of Representatives
2, 30, §2021
Upon completion of the additional office building for the United States Senate, the building and the grounds and sidewalks surrounding the same shall be subject to the provisions of sections 1922, 1961, 1966, 1967, 1969, 2023, and 2024 of this title and sections 5101 to 5107 and 5109 of title 40, in the same manner and to the same extent as the present Senate Office Building and the grounds and sidewalks surrounding the same. (June 25, 1948, ch. 658, title I, 62 Stat. 1029.) EDITORIAL NOTES 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 text, was in the original a reference to the Act of July 31, 1946, ch. 707, 60 Stat. 718. 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, §§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. Sections 2023 and 2024 of this title, referred to in text, was in the original a reference to "the Act of June 8, 1942 (U.S.C., title 40, sec. 174(c) and (d))", which, to reflect the probable intent of Congress, was translated as meaning the provisions of the act of June 8, 1942, ch. 396, 56 Stat. 330, which were classified to sections 174c and 174d of former Title 40, Public Buildings, Property, and Works. Sections 174c and 174d of former Title 40 have been transferred to sections 2023 and 2024, respectively, of this title. CODIFICATION Section was classified to section 174b–1 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. STATUTORY NOTES AND RELATED SUBSIDIARIES ACQUISITION OF PROPERTY FOR USE AS RESIDENTIAL FACILITY FOR UNITED STATES [Release Point 118-70] SENATE PAGES Pub. L. 102–330, §1, Aug. 3, 1992, 106 Stat. 849, as amended by Pub. L. 103–50, ch. XII, §1202, July 2, 1993, 107 Stat. 267, provided that: "(a) .—(1) The Architect of the Capitol, under the direction of the Senate ACQUISITION OF PROPERTY Committee on Rules and Administration, may acquire, on behalf of the United States Government, by purchase, condemnation, transfer or otherwise, as an addition to the United States Capitol Grounds, such real property in the District of Columbia as may be necessary to carry out the provisions of this Act [this note]. Real property acquired for purposes of this Act, may, in the discretion of the Architect of the Capitol, extend to the outer face of the curbs of such property so acquired, including alleys or parts of alleys and streets within the lot lines and curblines surrounding such real property, together with any or all improvements thereon. "(2) Subject to the approval by the Committee on Appropriations of the Senate, an amount necessary to enable the Architect of the Capitol to carry out the provisions of this section may be transferred from any appropriation under the heading ' ' and the subheadings ' SENATE SALARIES, OFFICERS AND ', and ' ', and the subheadings ' EMPLOYEES OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER ' and ' CONTINGENT EXPENSES OF THE SENATE SERGEANT AT ARMS AND DOORKEEPER OF ' to the account appropriated under the heading ' ' and the THE SENATE ARCHITECT OF THE CAPITOL subheadings ' ' and ' CAPITOL BUILDINGS AND GROUNDS SENATE OFFICE BUILDINGS'. "(b) .—Immediately upon the acquisition by UNITED STATES CAPITOL GROUNDS AND BUILDINGS the Architect of the Capitol, on behalf of the United States, of the real property, and the improvements thereon, as provided under subsection (a), the real property acquired shall be a part of the United States Capitol Grounds, and the improvements on such real property shall be a part of the Senate Office Buildings. Such real property and improvements shall be subject to the Act of July 31, 1946 (40 U.S.C. 193a et seq.) [2 U.S.C. 1922, 1961, 1966, 1967, 1969; 40 U.S.C. 5101 to 5107, 5109], and the Act of June 8, 1942 (40 U.S.C. 174c) [2 U.S.C. 2023, 2024]. "(c) .—The real property and improvements acquired in accordance with subsection (a) BUILDING CODES shall be repaired and altered, to the maximum extent feasible as determined by the Architect of the Capitol, in accordance with a nationally recognized model building code, and other applicable nationally recognized codes (including electrical codes, fire and life safety codes, and plumbing codes, as determined by the Architect of the Capitol), using the most current edition of the nationally recognized codes referred to in this subsection. "(d) .—The Architect of the Capitol is authorized, without regard to the REPAIRS; EXPENDITURES provisions of section 3709 of the Revised Statutes of the United States [see 41 U.S.C. 6101], to enter into contracts and to make expenditures for (1) necessary repairs to, and refurbishment of, the real property and the improvements on such real property acquired in accordance with subsection (a), including expenditures for personal and other services as may be necessary to carry out the purposes of this Act; and (2) for the construction on such real property of any facilities thereon as authorized under subsection (f). In no event shall the aggregate value of contracts and expenditures under this subsection exceed an amount equal to that authorized to be appropriated pursuant to subsection (e). "(e) .—There is authorized to be appropriated to the account under the heading AUTHORIZATION 'Architect of the Capitol' and the subheadings 'Capitol Buildings and Grounds' and 'Senate Office Buildings', $2,000,000 for carrying out the purposes of this Act. Moneys appropriated pursuant to this authorization may remain available until expended. "(f) .—The real property, and improvements thereon, acquired in accordance with USE OF PROPERTY subsection (a) shall be available to the Sergeant at Arms and Doorkeeper of the Senate for use as a residential facility for United States Senate Pages, and for such other purposes as the Senate Committee on Rules and Administration may provide." AUTHORIZATION OF ARCHITECT OF CAPITOL TO LEASE CITY POST OFFICE BUILDING FOR USE BY SENATE AND FOR OTHER PURPOSES Pub. L. 111–310, §1, Dec. 15, 2010, 124 Stat. 3293, provided that: "(a) .—The facility of the United States Postal Service located at 2 Massachusetts Avenue, DESIGNATION NE, in Washington, D.C., shall be known and designated as the 'Dorothy I. Height Post Office'. "(b) .—Any reference in a law, map, regulation, document, paper, or other record of the REFERENCES United States to the facility referred to in subsection (a) shall be deemed to be a reference to the 'Dorothy I. Height Post Office'." Pub. L. 101–520, title I, §107, Nov. 5, 1990, 104 Stat. 2267, provided that: "(a) Notwithstanding any other provision of law, the Architect of the Capitol, subject to the approval of the Committee on Rules and Administration, is authorized to lease, for use by the United States Senate, and for [Release Point 118-70] such other purposes as such committee may approve, 150,000 square feet of space, more or less, in the property located at 2 Massachusetts Avenue, N.E., Washington, District of Columbia, known as the City Post Office Building: , That rental payments shall be paid from the account 'Architect of the Capitol, Provided Senate Office Buildings' upon vouchers approved by the Architect of the Capitol: , That Provided further nothing in this section shall be construed so as to obligate the Senate or any of its Members, officers, or employees to enter into any such lease or to imply any obligation to enter into any such lease. "(b) Notwithstanding any other provision of law, property leased under authority of subsection (a) shall be maintained by the Architect of the Capitol as part of the 'Senate Office Buildings' subject to the laws, rules, and regulations governing such buildings, and the Architect is authorized to incur such expenses as may be necessary to provide for such occupancy. "(c) There is hereby authorized to be appropriated to the 'Architect of the Capitol, Senate Office Buildings' such sums as may be necessary to carry out the provisions of subsections (a) and (b). "(d) There is authorized to be appropriated to the Sergeant at Arms of the United States Senate such sums as may be necessary to provide for the planning and relocation of offices and equipment to the property described in subsection (a), subject to direction by the Committee on Rules and Administration. "(e) The authority under this section shall continue until otherwise provided by law." NORTH CAPITOL PLAZA BUILDING; CONTINUATION OF AUTHORITY FOR LEASE AND SUBLEASE OF PROPERTY; LEASED PROPERTY AS PART OF SENATE OFFICE BUILDINGS; RENT LIMITATIONS; NECESSITY OF SENATE RESOLUTION; TERM OF LEASE; PURCHASE OPTION Pub. L. 94–157, title I, §112, Dec. 18, 1975, 89 Stat. 832, as amended by Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814, provided that: "(a) Notwithstanding any other provision of law, the Sergeant at Arms of the Senate, subject to the approval of the Committee on Rules and Administration, and the Committee on Appropriations, is authorized to lease, for use by the United States Senate, and for such other purposes as such committees may approve, all or any part of the property located at 400 North Capitol Street, Washington, District of Columbia, known as the 'North Capitol Plaza Building': , That rental payments under such lease for the entire property shall Provided not exceed $3,375,000 per annum, exclusive of amounts for reimbursement for taxes paid and utilities furnished by the lessor: , That a lease shall not become effective until approved by Senate Provided further Resolution. Prior to such approval process the Government Accountability Office shall examine the terms of the proposed lease and shall report to the Senate on its reasonableness, taking into account such factors as rental rates for similar space, advantages of proximity, and possible alternative arrangements. Such payments shall be paid from the Contingent Fund of the Senate upon vouchers approved by the Sergeant at Arms: , That such lease may be for a term not in excess of five years, and shall contain an option to Provided further purchase such property, and shall include such other terms and conditions as such committees may determine to be in the best interests of the Government: , That nothing in this section shall be construed Provided further so as to obligate the Senate or any of its Members, officers, or employees to enter into any such lease or to imply any obligation to enter into any such lease. "(b) Notwithstanding any other provision of law, property leased under authority of subsection (a) shall be maintained by the Architect of the Capitol as part of the 'Senate Office Buildings' subject to the laws, rules, and regulations governing such buildings, and the Architect is authorized to incur such expenses as may be necessary to provide for such occupancy. "(c) Notwithstanding any other provision of law, the Sergeant at Arms of the Senate, subject to the approval of the Committee on Rules and Administration and the Committee on Appropriations, is authorized to sublease any part of the property leased under authority of subsection (a) which is in excess of the requirements of the Senate. All rental payments under any such sublease shall be paid to the Sergeant at Arms of the Senate and such amounts shall thereupon be added to and merged with the appropriation 'Miscellaneous Items' under the Contingent Fund of the Senate. "(d) Notwithstanding any other provision of law, upon the approval of the Committee on Rules and Administration and the Committee on Appropriations, the Secretary of the Senate shall transfer by voucher or vouchers to the Architect of the Capitol from the 'Contingent Fund of the Senate' such amounts as may be necessary for the Architect of the Capitol to carry out the provisions of subsection (b) and such amounts shall thereupon be added to and merged with the appropriation 'Senate Office Buildings'. "(e) The authority under this section shall continue until otherwise provided by law." CONSTRUCTION OF EXTENSION TO NEW SENATE OFFICE BUILDING Pub. L. 92–607, ch. V, Oct. 31, 1972, 86 Stat. 1510, appropriated funds for the construction and equipment [Release Point 118-70] of an extension to the New Senate Office Building and for structural and other changes in the existing New Senate Office Building necessitated by such construction and provided that the building and the grounds and sidewalks surrounding it are subject to the Act of July 31, 1946 (2 U.S.C. 1922, 1961, 1966, 1967, 1969; 40 U.S.C. 5101 to 5107, 5109), and the Act of June 8, 1942 (2 U.S.C. 2023, 2024). ACQUISITION OF PROPERTY AS SITE FOR PARKING FACILITIES FOR SENATE Pub. L. 92–607, ch. V, Oct. 31, 1972, 86 Stat. 1510, as amended by Pub. L. 93–305, title I, ch. VIII, §801, June 8, 1974, 88 Stat. 206, authorized the Architect of the Capitol to acquire certain real property as a site for parking facilities for the Senate, with such property to become a part of the United States Capitol Grounds upon acquisition. ACQUISITION OF PROPERTY TO EXTEND ADDITIONAL SENATE OFFICE BUILDING SITE Pub. L. 85–429, May 29, 1958, 72 Stat. 148; Pub. L. 85–591, Aug. 6, 1958, 72 Stat. 495; Pub. L. 91–145, Dec. 12, 1969, 83 Stat. 352; Pub. L. 91–382, Aug. 18, 1970, 84 Stat. 819; Pub. L. 92–184, ch. IV, Dec. 15, 1971, 85 Stat. 637, in part authorized the Architect of the Capitol to acquire certain real property for purposes of extension of Additional Senate Office Building Site and provided that such property become a part of the United States Capitol Grounds or that it be subject to the act of July 31, 1946 (2 U.S.C. 1922, 1961, 1966, 1967, 1969; 40 U.S.C. 5101 to 5107, 5109).
§2021. Additional Senate office building
1946-07-31T00:00:00
6d24f2f46b5dfeb7be6f7e873bee2c16564512fb1a68e4d0a98677632de4dd8e
US House of Representatives
2, 30, §2022
(a) Acquisition of buildings and facilities Notwithstanding any other provision of law, in order to respond to an emergency situation, the Sergeant at Arms of the Senate may acquire buildings and facilities, subject to the availability of appropriations, for the use of the Senate, as appropriate, by lease, purchase, or such other arrangement as the Sergeant at Arms of the Senate considers appropriate (including a memorandum of understanding with the head of an executive agency, as defined in section 105 of title 5, in the case of a building or facility under the control of such Agency). Actions taken by the Sergeant at Arms of the Senate must be approved by the Committees on Appropriations and Rules and Administration. (b) Agreements Notwithstanding any other provision of law, for purposes of carrying out subsection (a), the Sergeant at Arms of the Senate may carry out such activities and enter into such agreements related to the use of any building or facility acquired pursuant to such subsection as the Sergeant at Arms of the Senate considers appropriate, including— (1) agreements with the United States Capitol Police or any other entity relating to the policing of such building or facility; and (2) agreements with the Architect of the Capitol or any other entity relating to the care and maintenance of such building or facility. (c) Authority of Capitol Police and Architect (1) Architect of the Capitol Notwithstanding any other provision of law, the Architect of the Capitol may take any action necessary to carry out an agreement entered into with the Sergeant at Arms of the Senate pursuant to subsection (b). (2) Omitted (d) Transfer of certain funds Subject to the approval of the Committee on Appropriations of the Senate, the Architect of the Capitol may transfer to the Sergeant at Arms of the Senate amounts made available to the Architect for necessary expenses for the maintenance, care and operation of the Senate office buildings during a fiscal year in order to cover any portion of the costs incurred by the Sergeant at Arms of the Senate during the year in acquiring a building or facility pursuant to subsection (a). [Release Point 118-70] (e) Effective date This section and the amendments made by this section shall apply with respect to fiscal year 2002 and each succeeding fiscal year. (Pub. L. 107–117, div. B, §901, Jan. 10, 2002, 115 Stat. 2315; Pub. L. 107–206, title I, §902(a)(1), Aug. 2, 2002, 116 Stat. 876.) EDITORIAL NOTES REFERENCES IN TEXT For the amendments made by this section, referred to in subsec. (e), see Codification note below. CODIFICATION Section was classified to section 174b–2 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. Section is comprised of section 901 of Pub. L. 107–117. Subsec. (c)(2) of section 901 of Pub. L. 107–117 amended section 1961 of this title. AMENDMENTS 2002—Subsec. (a). Pub. L. 107–206 substituted "buildings and facilities, subject to the availability of appropriations," for "buildings and facilities". STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–206, title I, §902(c), Aug. 2, 2002, 116 Stat. 876, provided that: "The amendment made by this section [amending this section and section 1961 of this title] shall take effect as if included in the enactment of the Emergency Supplemental Act, 2002 [Pub. L. 107–117, div. B]."
§2022. Acquisition of buildings and facilities for use in emergency situation
2024-07-12T00:00:00
dee05211b434687b79d8536e0d9de64fba3caec98b3ba942a3728e28fb78bc1d
US House of Representatives
2, 30, §2023
On and after June 8, 1942, the Senate Office Building, and the employment of all services (other than for the United States Capitol Police) necessary for its protection, care, and occupancy, together with all other items that may be appropriated for by the Congress for such purposes, shall be under the control and supervision of the Architect of the Capitol, subject to the approval of the Senate Committee on Rules and Administration as to matters of general policy; and the Architect of the Capitol shall submit annually to the Congress estimates in detail for all services (other than for the United States Capitol Police) and for all other expenses in connection with said office building and necessary for its protection, care, and occupancy. (June 8, 1942, ch. 396, 56 Stat. 343; Aug. 2, 1946, ch. 753, title I, §102, title II, §224, 60 Stat. 814, 838; Pub. L. 111–145, §6(c)(2), Mar. 4, 2010, 124 Stat. 54.) EDITORIAL NOTES CODIFICATION Section was classified to section 174c of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. AMENDMENTS 2010—Pub. L. 111–145 substituted "other than for the United States Capitol Police" for "other than for officers and privates of the Capitol Police" in two places. 1946—Act Aug. 2, 1946, substituted "Committee on Rules and Administration" for "Committee on Rules". STATUTORY NOTES AND RELATED SUBSIDIARIES [Release Point 118-70] EFFECTIVE DATE OF 1946 AMENDMENT Act Aug. 2, 1946, ch. 753, title I, §142, 60 Stat. 834, provided that section 102 of that act shall take effect on Jan. 2, 1947, and section 245 of title II of that act, 60 Stat. 839, provided that section 224 thereof shall "take effect on the day on which the Eightieth Congress convenes". The Eightieth Congress convened on Jan. 3, 1947.
§2023. Control, care, and supervision of Senate Office Building
1942-06-08T00:00:00
64bf33568c1d5e636204e37e5972cc093205ee1da943743a3dccdad070739012
US House of Representatives
2, 30, §2024
On and after June 8, 1942, the assignment of rooms and other space in the Senate Office Building shall be under the direction and control of the Senate Committee on Rules and Administration and shall not be a part of the duties of the Architect of the Capitol. (June 8, 1942, ch. 396, 56 Stat. 343; Aug. 2, 1946, ch. 753, title I, §102, title II, §224, 60 Stat. 814, 838.) EDITORIAL NOTES CODIFICATION Section was classified to section 174d of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. AMENDMENTS 1946—Act Aug. 2, 1946, substituted "Committee on Rules and Administration" for "Committee on Rules". STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE OF 1946 AMENDMENT Act Aug. 2, 1946, ch. 753, title I, §142, 60 Stat. 834, provided that section 102 of that act shall take effect on Jan. 2, 1947, and section 245 of title II of that act, 60 Stat. 839, provided that section 224 thereof shall "take effect on the day on which the Eightieth Congress convenes". The Eightieth Congress convened on Jan. 3, 1947.
§2024. Assignment of space in Senate Office Building
1942-06-08T00:00:00
f252ad2f8669d79d4f3a69c5643358d86ea83c58337d606d0c39a5f9afa67b08
US House of Representatives
2, 30, §2025
(a) The employees of the Senate garage engaged by the Architect of the Capitol for the primary purpose of servicing official motor vehicles, together with the functions performed by such employees, shall, on October 1, 1980, be transferred to the jurisdiction of the Sergeant at Arms and Doorkeeper of the Senate: , That, effective July 1, 1965, the underground space in Provided further the north extension of the Capitol Grounds, known as the Legislative Garage shall hereafter be known as the Senate Garage and shall be under the jurisdiction and control of the Architect of the Capitol, subject to such regulations respecting the use thereof as may be promulgated by the Senate Committee on Rules and Administration: , That, such regulations shall provide for Provided further the continued assignment of space and the continued furnishing of service in such garage for official motor vehicles of the House and the Senate and the Architect of the Capitol and Capitol Grounds maintenance equipment. (b) As used in subsection (a), the term "servicing" includes, with respect to an official motor vehicle, the washing and fueling of such vehicle, the checking of its tires and battery, and checking and adding oil. (June 30, 1932, ch. 314, 47 Stat. 391; Pub. L. 88–454, Aug. 20, 1964, 78 Stat. 545; Pub. L. 96–444,
§2025. Senate Garage
1932-06-30T00:00:00
6c8a2bf65134bef159c73b42ae6b83128a02a135d518fdbc973e05d9714d9bdb
US House of Representatives
2, 30, §2026
[Release Point 118-70] (a) Establishment There is established in the Treasury of the United States a revolving fund to be known as the Senate Staff Health and Fitness Facility Revolving Fund ("the revolving fund"). (b) Deposit of receipts The Architect of the Capitol shall deposit in the revolving fund— (1) any amounts received as dues or other assessments for use of the Senate Staff Health and Fitness Facility, and (2) any amounts received from the operation of the Senate waste recycling program. (c) Availability of funds Subject to the approval of the Committee on Appropriations of the Senate, amounts in the revolving fund shall be available to the Architect of the Capitol, without fiscal year limitation, for payment of costs of the Senate Staff Health and Fitness Facility. (d) Withdrawal of excess amounts The Architect of the Capitol shall withdraw from the revolving fund and deposit in the Treasury of the United States as miscellaneous receipts all moneys in the revolving fund that the Architect determines are in excess of the current and reasonably foreseeable needs of the Senate Staff Health and Fitness Facility. (e) Regulations The Committee on Rules and Administration of the Senate shall promulgate regulations pertaining to the operation and use of the Senate Staff Health and Fitness Facility. (Pub. L. 106–554, §1(a)(2) [title I, §4], Dec. 21, 2000, 114 Stat. 2763, 2763A–96; Pub. L. 108–7, div. H, title I, §1207, Feb. 20, 2003, 117 Stat. 375.) EDITORIAL NOTES CODIFICATION Section was formerly classified to section 121f of this title prior to editorial reclassification and renumbering as this section. Section is from the Congressional Operations Appropriations Act, 2001, which is title I of the Legislative Branch Appropriations Act, 2001. AMENDMENTS 2003—Subsecs. (a), (b)(1). Pub. L. 108–7, §1207(1), (2), inserted "Staff" after "Senate". Subsec. (c). Pub. L. 108–7, §1207(3), inserted "Staff" after "costs of the Senate". Subsec. (d). Pub. L. 108–7, §1207(4), inserted "Staff" after "Senate". Subsec. (e). Pub. L. 108–7, §1207(5), added subsec. (e) and struck out former subsec. (e) which read as follows: "Subject to the approval of the Committee on Rules and Administration of the Senate, the Architect of the Capitol may issue such regulations as may be necessary to carry out the provisions of this section." SUBCHAPTER III—RESTAURANTS
§2026. Senate Staff Health and Fitness Facility Revolving Fund
2024-07-12T00:00:00
d160257acda1110f600b2b13b705d55e698a10f35644b77209da27706f0a4892
US House of Representatives
2, 30, §2041
(a) Management and duties Notwithstanding any other authority with respect to the jurisdiction and control over the management of the House Restaurant and the cafeteria and other food service facilities of the House of Representatives, the jurisdiction over such restaurant and facilities and authority over the direction and supervision of the immediate management and operation thereof shall be vested in the [Release Point 118-70] Committee on House Oversight; and the immediate management and operation of such restaurant and facilities may be vested in such official or other authority, acting as the agent of the committee, as the committee may designate; and the official or authority so designated shall perform the duties vested in the Architect of the Capitol by section 208 of the First Supplemental Civil Functions Appropriation Act, 1941 (54 Stat. 1056; Public, No. 812, Seventy-sixth Congress). (b) Transfer of accounts, records, supplies, equipment, and assets The Architect of the Capitol is hereby authorized and directed to transfer, as the Committee on House Oversight directs, all accounts, records, supplies, equipment, and assets of the House Restaurant and the cafeteria and other food service facilities of the House which are in the possession or under the control of the Architect of the Capitol in order that all such items may be available for the maintenance and operation of the House Restaurant under the authority of, and as directed by, the Committee on House Oversight. (c) Special deposit account All authority, responsibility, and functions vested in or imposed upon the Architect of the Capitol in connection with the special deposit account established by section 208 of the First Supplemental Civil Functions Appropriation Act, 1941, shall be vested in or imposed upon such other official, authority, or authorities as the Committee on House Oversight may designate. (d) Effective date The provisions of this section shall become effective on the first day of the first calendar month beginning after the date of adoption of this resolution, until otherwise provided by law. (Pub. L. 92–51, July 9, 1971, 85 Stat. 133; Pub. L. 104–186, title II, §221(3)(A), Aug. 20, 1996, 110 Stat. 1748.) EDITORIAL NOTES REFERENCES IN TEXT Section 208 of the First Supplemental Civil Functions Appropriation Act, 1941, referred to in subsecs. (a) and (c), means section 208 of act Oct. 9, 1940, ch. 780, title II, 54 Stat. 1056, which was classified to section 174k of former Title 40, Public Buildings, Property, and Works, prior to repeal by Pub. L. 104–186, title II,
§2041. House of Representatives restaurant, cafeteria, and food services
1971-07-09T00:00:00
d3a35c3676a6aef117adf55d82d0166603183cbf59cbc454a7db47edaa48a298
US House of Representatives
2, 30, §2042
Effective August 1, 1961, the management of the Senate Restaurants and all matters connected therewith, heretofore under the direction of the Senate Committee on Rules and Administration, shall be under the direction of the Architect of the Capitol under such rules and regulations as the [Release Point 118-70] Architect may prescribe for the operation and the employment of necessary assistance for the conduct of said restaurants by such business methods as may produce the best results consistent with economical and modern management, subject to the approval of the Senate Committee on Rules and Administration as to matters of general policy: , That the management of the Senate Provided Restaurants by the Architect of the Capitol shall cease and the restaurants revert from the jurisdiction of the Architect of the Capitol to the jurisdiction of the Senate Committee on Rules and Administration upon adoption by that committee of a resolution ordering such transfer of jurisdiction at any time hereafter. The provisions of section 5104(c) of title 40, except for the provisions relating to solicitation, shall not apply to any activity carried out pursuant to this section, subject to the approval of such activities by the Committee on Rules and Administration. (Pub. L. 87–82, §1, July 6, 1961, 75 Stat. 199; Pub. L. 106–57, title I, §5, Sept. 29, 1999, 113 Stat. 412.) EDITORIAL NOTES CODIFICATION "Section 5104(c) of title 40" substituted in text for "section 4 of the Act of July 31, 1946 (40 U.S.C. 193d)" on authority of Pub. L. 107–217, §5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. Section was classified to section 174j–1 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. AMENDMENTS 1999—Pub. L. 106–57 inserted at end: "The provisions of section 193d of this title, except for the provisions relating to solicitation, shall not apply to any activity carried out pursuant to this section, subject to the approval of such activities by the Committee on Rules and Administration."
§2042. Senate Restaurants; management by Architect of the Capitol
1946-07-31T00:00:00
1c1d51735ccb703b07f231e8fe8b8e95ff2808ddd830a0a38003941601189705
US House of Representatives
2, 30, §2043
2047 of this title The Architect of the Capitol is authorized and directed to carry into effect for the United States Senate the provisions of sections 2042 to 2047 of this title and to exercise the authorities contained herein, and any resolution of the Senate amendatory hereof or supplementary hereto hereafter adopted. Such authority and direction shall continue until the United States Senate shall by resolution otherwise order, or until the Senate Committee on Rules and Administration shall by resolution order the restaurants to be returned to the committee's jurisdiction. (Pub. L. 87–82, §3, July 6, 1961, 75 Stat. 199.) EDITORIAL NOTES REFERENCES IN TEXT Herein, referred to in text, means Pub. L. 87–82, July 6, 1961, 75 Stat. 199, which enacted sections 2042 to 2047 of this title. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was classified to section 174j–3 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
§2043. Authorization and direction to effectuate purposes of sections 2042 to
1961-07-06T00:00:00
650ffe1cec61bbe0126b61302953f686f5c021381c64bf4f809f7f975687c196
US House of Representatives
2, 30, §2044
There is established with the Treasurer of the United States a special deposit account in the name of the Architect of the Capitol for the United States Senate Restaurants, into which shall be deposited all sums received pursuant to sections 2042 to 2047 of this title or any amendatory or supplementary [Release Point 118-70] resolutions hereafter adopted and from the operations thereunder and from which shall be disbursed the sums necessary in connection with the exercise of the duties required under sections 2042 to 2047 of this title or any amendatory or supplementary resolutions and the operations thereunder. Any amounts appropriated for fiscal year 1973 and thereafter from the Treasury of the United States, which shall be part of a "Contingent Expenses of the Senate" item for the particular fiscal year involved, shall be paid to the Architect of the Capitol by the Secretary of the Senate at such times and in such sums as the Senate Committee on Rules and Administration may approve. Any such payment shall be deposited by the Architect in full under such special deposit account. (Pub. L. 87–82, §4, July 6, 1961, 75 Stat. 199; Pub. L. 92–51, July 9, 1971, 85 Stat. 129; Pub. L. 92–342, §101, July 10, 1972, 86 Stat. 435.) EDITORIAL NOTES CODIFICATION Section was classified to section 174j–4 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. AMENDMENTS 1972—Pub. L. 92–342 substituted provision that amounts appropriated for 1973 and thereafter which shall be part of "Contingent Expenses of the Senate" be paid to the Architect of the Capitol, for provision that amounts appropriated for 1972 and thereafter specifically for Senate Restaurants as "Contingent Expenses of the Senate" be paid to Architect of the Capitol. 1971—Pub. L. 92–51 substituted "amounts appropriated for fiscal year 1972 and thereafter" for Senate Restaurants for "amounts hereafter appropriated" for such Restaurants, provision that amounts appropriated specifically for such Restaurants as a Contingent Expense of the Senate item for fiscal year involved shall be paid to Architect of the Capitol, for prior provision declaring amounts appropriated for such Restaurants shall be a part of such Restaurants as a Contingent Expense of Senate for fiscal year involved and for payment of such part to Architect of the Capitol, and provision for approval of payments by Senate Committee on Rules and Administration, including times for payments, for prior provision for payments as appropriations shall specify.
§2044. Special deposit account
1972-07-10T00:00:00
45be3f0ff75576540622da5f6866dff8abe9eca48f5169ef9548332840eae50e
US House of Representatives
2, 30, §2045
Deposits and disbursements under such special deposit account (1) shall be made by the Architect, or, when directed by him, by such employees of the Architect as he may designate, and (2) shall be subject to audit by the Government Accountability Office at such times and in such manner as the Comptroller General may direct: , That payments made by or under the direction of the Provided Architect of the Capitol from such special deposit account shall be conclusive upon all officers of the Government. (Pub. L. 87–82, §5, July 6, 1961, 75 Stat. 200; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814.) EDITORIAL NOTES CODIFICATION Section was classified to section 174j–5 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. AMENDMENTS 2004—Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office".
§2045. Deposits and disbursements under special deposit account
2004-07-07T00:00:00
e62572f7db9439d46a1315378148b846a7dc54035d642ddfdf262d223c6e4008
US House of Representatives
2, 30, §2046
The Architect, Assistant Architect, and any employees of the Architect designated by the Architect [Release Point 118-70] under section 2045 of this title shall each give bond in the sum of $5,000 with such surety as the Secretary of the Treasury may approve for the handling of the financial transactions under such special deposit account. (Pub. L. 87–82, §6, July 6, 1961, 75 Stat. 200.) EDITORIAL NOTES CODIFICATION Section was classified to section 174j–6 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
§2046. Bond of Architect, Assistant Architect, and other employees
1961-07-06T00:00:00
e1ea6d99f061e29c0c4b87fd84518591734523cab65a2352946290eb2de4e9dd
US House of Representatives
2, 30, §2047
Restaurants Sections 2042 to 2047 of this title shall supersede any other Acts or resolutions heretofore approved for the maintenance and operation of the Senate Restaurants: , That any Provided, however Acts or resolutions now in effect shall again become effective, should the restaurants at any future time revert to the jurisdiction of the Senate Committee on Rules and Administration. (Pub. L. 87–82, §7, July 6, 1961, 75 Stat. 200.) EDITORIAL NOTES CODIFICATION Section was classified to section 174j–7 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
§2047. Supersedure of prior provisions for maintenance and operation of Senate
1961-07-06T00:00:00
2553c017d68d063bdf8158fe402a9411fb9fe6feae9aca235270835cf8b11800
US House of Representatives
2, 30, §2049
(a) Borrowing authority Subject to the approval of the Senate Committee on Rules and Administration, the Architect of the Capitol shall have authority to borrow (and be accountable for), from time to time, from the appropriation account, within the contingent fund of the Senate, for "Miscellaneous Items", such [Release Point 118-70] amount as he may determine necessary to carry out the provisions of the joint resolution entitled "Joint Resolution transferring the management of the Senate Restaurants to the Architect of the Capitol, and for other purposes", approved July 6, 1961, as amended (40 U.S.C. 174j–1 through 174j–8) [2 U.S.C. 2042 et seq.], and resolutions of the Senate amendatory thereof or supplementary 1 thereto. (b) Amount and period of loan; voucher Any such loan authorized pursuant to subsection (a) of this section shall be for such amount and for such period as the Senate Committee on Rules and Administration shall prescribe, and shall be made by the Secretary of the Senate to the Architect of the Capitol upon a voucher approved by the Chairman of the Senate Committee on Rules and Administration. (c) Deposit, credit, and future availability of proceeds from repayment All proceeds from the repayment of any such loan shall be deposited in the appropriation account, within the contingent fund of the Senate, for "Miscellaneous Items", shall be credited to the fiscal year during which such loan was made, and shall thereafter be available for the same purposes for which the amount loaned was initially appropriated. (Pub. L. 98–396, title I, Aug. 22, 1984, 98 Stat. 1395.) EDITORIAL NOTES REFERENCES IN TEXT The Joint Resolution entitled "Joint Resolution transferring the management of the Senate Restaurants to the Architect of the Capitol, and for other purposes", approved July 6, 1961, referred to in subsec. (a), is Pub. L. 87–82, July 6, 1961, 75 Stat. 199, which enacted sections 174j–1 to 174j–7 of former Title 40, Public Buildings, Property, and Works. Sections 174j–1 and 174j–3 to 174j–7 of former Title 40 were transferred to sections 2042 and 2043 to 2047 of this title, respectively. Section 174j–2 of former Title 40 was repealed by Pub. L. 107–217, §6(b), Aug. 21, 2002, 116 Stat. 1304. Section 174j–8 of former Title 40, which was not enacted by Pub. L. 87–82, was transferred to section 2048 of this title and subsequently repealed. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was classified to section 174j–9 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. See References in Text note below. 1
§2049. Loans for Senate Restaurants
1961-07-06T00:00:00
2baa194ca7b68325c87a183a21d9ae9e1e2e17e18b1f9c4f31344ed36d5fd0a9
US House of Representatives
2, 30, §2050
restaurant expenses to special deposit account Appropriations under this heading for management personnel and miscellaneous restaurant expenses on and after October 7, 1997, shall be transferred at the beginning of each fiscal year to the special deposit account in the United States Treasury established under section 2044 of this title, and effective October 1, 1997, all management personnel of the Senate Restaurant facilities shall be paid from the special deposit account. Management personnel transferred hereunder shall be paid at the same rates of pay applicable immediately prior to the date of transfer, and annual and sick leave balances shall be credited to leave accounts of such personnel in the Senate Restaurants. (Pub. L. 105–55, title I, Oct. 7, 1997, 111 Stat. 1189.) EDITORIAL NOTES REFERENCES IN TEXT Appropriations under this heading, referred to in text, probably means appropriations under the headings [Release Point 118-70] "ARCHITECT OF THE CAPITOL", " ", and " CAPITAL BUILDINGS AND GROUNDS SENATE OFFICE " in the annual Legislative Branch Appropriations Act. BUILDINGS CODIFICATION Section was classified to section 174j–10 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. Section is from the Congressional Operations Appropriations Act, 1998, which is title I of the Legislative Branch Appropriations Act, 1998.
§2050. Transfer of appropriations for management personnel and miscellaneous
1997-10-01T00:00:00
437f4efa746318af7ae642e788926971bd2ff6b1ea3ac98dc25ffcb595e6482d
US House of Representatives
2, 30, §2051
(a) Definitions In this section: (1) Contractor The term "contractor" means the private business concern that enters into a food services contract with the Architect of the Capitol. (2) Covered individual The term "covered individual" means any individual who— (A) is a Senate Restaurants employee who is an employee of the Architect of the Capitol on July 17, 2008, including— (i) a permanent, full-time or part-time employee; (ii) a temporary, full-time or part-time employee; and (iii) an employee in a position described under section 2048 of this title; 1 (B) becomes an employee of the contractor under a food services contract on the transfer date; and (C) with respect to benefits under subsection (c)(2) or (3), files an election before the transfer date with the Office of Human Resources of the Architect of the Capitol to have 1 or more benefits continued in accordance with this section. (3) Food services contract The term "food services contract" means a contract under which food services operations of the Senate Restaurants are transferred to, and performed by, a private business concern. (4) Transfer date The term "transfer date" means the date on which a contractor begins the performance of food services operations under a food services contract. (b) Election of coverage (1) In general (A) Retirement coverage Not later than the day before the transfer date, an individual described under subsection (a)(2)(A) and (B) may file an election with the Office of Human Resources of the Architect of the Capitol to continue coverage under the retirement system under which that individual is covered on that day. (B) Life and health insurance coverage If the individual files an election under subparagraph (A) to continue retirement coverage, the individual may also file an election with the Office of Human Resources of the Architect of the Capitol to continue coverage of any other benefit under subsection (c)(2) or (3) for which that individual is covered on that day. Any election under this subparagraph shall be filed not later than the day before the transfer date. [Release Point 118-70] (2) Notification to the Office of Personnel Management The Office of Human Resources of the Architect of the Capitol shall provide timely notification to the Office of Personnel Management of any election filed under paragraph (1). (c) Continuity of benefits (1) Pay The rate of basic pay of a covered individual as an employee of a contractor, or successor contractor, during a period of continuous service may not be reduced to a rate less than the rate of basic pay paid to that individual as an employee of the Architect of the Capitol on the day before the transfer date, except for cause. (2) Retirement and life insurance benefits (A) In general (i) Treatment of service For purposes of chapters 83, 84, and 87 of title 5, any period of continuous service performed by a covered individual as an employee of a contractor, or successor contractor, shall be deemed to be a period of service as an employee of the Architect of the Capitol. (ii) Treatment of pay For purposes of chapter 87 of title 5, the rate of basic pay of a covered individual during the period described under clause (i) shall be deemed to be the rate of basic pay of that individual as an employee of the Architect of the Capitol on the date on which the Architect of the Capitol enters into the food services contract. (B) Treatment as Civil Service Retirement Offset employees In the case of a covered individual who on the day before the transfer date is subject to subchapter III of chapter 83 of title 5 but whose employment with the Architect of the Capitol is not employment for purposes of title II of the Social Security Act [42 U.S.C. 401 et seq.] and chapter 21 of title 26— (i) the employment described under subparagraph (A)(i) shall, for purposes of subchapter III of chapter 83 of title 5, be deemed to be— (I) employment of an individual described under section 8402(b)(2) of title 5; and (II) Federal service as defined under section 8349(c) of title 5; and (ii) the basic pay described under subparagraph (A)(ii) for employment described under subparagraph (A)(i) shall be deemed to be Federal wages as defined under section 8334(k)(2)(C)(i) of title 5. (3) Health insurance benefits For purposes of chapters 89, 89A, and 89B of title 5, any period of continuous service performed by a covered individual as an employee of a contractor, or successor contractor, shall be deemed to be a period of service as an employee of the Architect of the Capitol. (4) Leave (A) Credit of leave Subject to section 6304 of title 5, annual and sick leave balances of any covered individual shall be credited to the leave accounts of that individual as an employee of the contractor, or any successor contractor. A food services contract may include provisions similar to regulations prescribed under section 6308 of title 5 to implement this subparagraph. (B) Accrual rate During any period of continuous service performed by a covered individual as an employee of a contractor, or successor contractor, that individual shall continue to accrue annual and sick leave at rates not less than the rates applicable to that individual on the day before the transfer [Release Point 118-70] date. (C) Omitted (5) Transit subsidy For purposes of any benefit under section 7905 of title 5, any period of continuous service performed by a covered individual as an employee of a contractor, or successor contractor, shall be deemed to be a period of service as an employee of the Architect of the Capitol. (6) Employee pay; Government contributions; transit subsidy payments; and other benefits (A) Payment by contractor A contractor, or any successor to the contractor, shall pay— (i) the pay of a covered individual as an employee of a contractor, or successor contractor, during a period of continuous service; (ii) Government contributions for the benefits of a covered individual under paragraph (2) or (3); (iii) any transit subsidy for a covered individual under paragraph (5); and (iv) any payment for any other benefit for a covered individual in accordance with a food services contract. (B) Reimbursements and payments by Architect of the Capitol From appropriations made available to the Architect of the Capitol under the heading " " under the heading "ARCHITECT OF THE CAPITOL", the SENATE OFFICE BUILDINGS Architect of the Capitol shall— (i) reimburse a contractor, or any successor contractor, for that portion of any payment under subparagraph (A) which the Architect of the Capitol agreed to pay under a food services contract; and (ii) pay a contractor, or any successor contractor, for any administrative fee (or portion of an administrative fee) which the Architect of the Capitol agreed to pay under a food services contract. (7) Regulations (A) Office of Personnel Management (i) In general After consultation with the Architect of the Capitol, the Director of the Office of Personnel Management shall prescribe regulations to provide for the continuity of benefits under paragraphs (2) and (3). (ii) Contents Regulations under this subparagraph shall— (I) include regulations relating to employee deductions and employee and employer contributions and deposits in the Civil Service Retirement and Disability Fund, the Employees' Life Insurance Fund, and the Employees Health Benefits Fund; and (II) provide for the Architect of the Capitol to perform employer administrative functions necessary to ensure administration of continued coverage of benefits under paragraphs (2) and (3), including receipt and transmission of the deductions, contributions, and deposits described under subclause (I), the collection and transmission of such information as necessary, and the performance of other administrative functions as may be required. (B) Thrift Savings Plan benefits After consultation with the Architect of the Capitol, the Executive Director appointed by the Federal Retirement Thrift Investment Board under section 8474(a) of title 5 shall prescribe regulations to provide for the continuity of benefits under paragraph (2) of this subsection relating to subchapter III of chapter 84 of that title. Regulations under this subparagraph shall [Release Point 118-70] include regulations relating to employee deductions and employee and employer contributions and deposits in the Thrift Savings Fund. (d) Covered individuals not entitled to severance pay (1) In general Except as provided under paragraph (2), a covered individual shall not be entitled to severance pay under section 5595 of title 5 by reason of— (A) separation from service with the Architect of the Capitol and becoming an employee of a contractor under a food services contract; or (B) termination of employment with a contractor, or successor to a contractor. (2) Separation during 90-day period (A) In general (i) Covered individuals Except as provided under clause (ii), a covered individual shall be entitled to severance pay under section 5595 of title 5 if during the 90-day period following the transfer date the employment of that individual with a contractor is terminated as provided under a food services contract. (ii) Exception Clause (i) shall not apply to a covered individual who is terminated for cause. (B) Treatment For purposes of section 5595 of title 5— (i) any period of continuous service performed by a covered individual described under subparagraph (A) as an employee of a contractor shall be deemed to be a period of service as an employee of the Architect of the Capitol; and (ii) any termination of employment of a covered individual described under subparagraph (A) with a contractor shall be treated as a separation from service with the Architect of the Capitol. (e) Voluntary separation incentive payments (1) Submission of plan Not later than 30 days after July 17, 2008, the Architect of the Capitol shall submit a plan under section 4505 of this title to the applicable committees as provided under that section. (2) Plan (A) In general Notwithstanding section 4505(e) of this title, the plan submitted under this subsection shall— (i) offer a voluntary separation incentive payment to any employee described under subsection (a)(2)(A) of this section in accordance with section 4505 of this title; and (ii) offer such a payment to any such employee who becomes a covered individual, if that individual accepts the offer during the 90-day period following the transfer date. (B) Treatment of covered individuals For purposes of the plan under this subsection— (i) any period of continuous service performed by a covered individual as an employee of a contractor shall be deemed to be a period of service as an employee of the Architect of the Capitol; and (ii) any termination of employment of a covered individual with a contractor shall be treated as a separation from service with the Architect of the Capitol. (f) Early retirement treatment for certain separated employees (1) In general [Release Point 118-70] This subsection applies to— (A) an employee of the Senate Restaurants of the Office of the Architect of the Capitol who— (i) voluntarily separates from service on or after July 17, 2008, but prior to the day before the transfer date; and (ii) on such date of separation— (I) has completed 25 years of service as defined under section 8331(12) or 8401(26) of title 5; or (II) has completed 20 years of such service and is at least 50 years of age; and (B) except as provided under paragraph (2), a covered individual— (i) whose employment with a contractor is terminated as provided under a food services contract during the 90-day period following the transfer date; and (ii) on the date of such termination— (I) has completed 25 years of service as defined under section 8331(12) or 8401(26) of title 5; or (II) has completed 20 years of such service and is at least 50 years of age. (2) Exception Paragraph (1)(B) shall not apply to a covered individual who is terminated for cause. (3) Treatment (A) Annuity Notwithstanding any provision of chapter 83 or 84 of title 5, an employee described under paragraph (1) is entitled to an annuity which shall be computed consistent with the provisions of law applicable to annuities under section 8336(d) or 8414(b) of title 5. (B) Separation during 90-day period For purposes of chapter 83 or 84 of title 5— (i) any period of continuous service performed by a covered individual described under paragraphs (1)(B) and (2) as an employee of a contractor shall be deemed to be a period of service as an employee of the Architect of the Capitol; and (ii) any termination of employment of a covered individual described under paragraphs (1)(B) and (2) with a contractor shall be treated as a separation from service with the Architect of the Capitol. (g) Congressional Accountability Act of 1995 (1), (2) Omitted (3) Continuing application to certain acts and omissions For purposes of the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) a covered individual shall be treated as an employee of the Architect of the Capitol with respect to any act or omission which occurred before the transfer date. (h) Deposit of commissions (1) Senate Restaurants food services contract Any commissions paid by a contractor under a food services contract shall be deposited in the miscellaneous items account within the contingent fund of the Senate. (2) Use of funds Any funds deposited under paragraph (1) shall be available for expenditure in the same manner as funds appropriated into that account. (i) Effective date This section shall take effect on July 17, 2008, and apply to the remainder of the fiscal year in [Release Point 118-70] which enacted and each fiscal year thereafter. (Pub. L. 110–279, §1, July 17, 2008, 122 Stat. 2604; Pub. L. 116–21, §1(a), June 12, 2019, 133 Stat. 903.) EDITORIAL NOTES REFERENCES IN TEXT Section 2048 of this title, referred to in subsec. (a)(2)(A)(iii), was repealed by Pub. L. 110–279,
§2051. Continued benefits for certain Senate Restaurants employees
2019-06-12T00:00:00
ada4ac8ef8b35a383e64895548c98c64a1758dd88844e2c40a9ab5f0c23c2379
US House of Representatives
2, 30, §2052
orders The Committee on Rules and Administration of the United States Senate is authorized and directed hereafter to add a minimum of 10 per centum to each order in excess of 10 cents served in the Senate restaurants and 20 per centum to all orders served outside of said restaurants, and the proceeds accruing therefrom shall be placed in a fund to be used in the payment of any deficit incurred in the management of such kitchens and restaurants. (May 18, 1937, ch. 223, §1, 50 Stat. 173; Aug. 2, 1946, ch. 753, title I, §102, 60 Stat. 814.) EDITORIAL NOTES CODIFICATION Section was formerly classified to section 121 of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 1946—Act Aug. 2, 1946, substituted "Committee on Rules and Administration" for "Committee on Rules". STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE OF 1946 AMENDMENT Act Aug. 2, 1946, ch. 753, title I, §142, 60 Stat. 834, provided that the amendment made by that act is effective Jan. 2, 1947. SUBCHAPTER IV—CHILD CARE
§2052. Senate restaurant deficit fund; deposit of proceeds from surcharge on
1937-05-18T00:00:00
29cb3ba9eb0dc196994df5ce70e5199fae4509e836ac8b5cd8fcec3895fa2cce
US House of Representatives
2, 30, §2061
care center (a) Authority of Capitol Police Board Notwithstanding any other provision of law and subject to the provisions of paragraph (1) of subsection (b), the Capitol Police Board is authorized to designate certain portions of the Capitol grounds (other than a portion within the area bounded on the North by Constitution Avenue, on the South by Independence Avenue, on the East by First Street, and on the West by First Street) for use exclusively as play areas for the benefit of children attending a day care center which is established for the primary purpose of providing child care for the children of Members and employees of the Senate or the House of Representatives. (b) Required approval; fences; termination of authority (1) In the case of any such designation referred to in subsection (a) involving a day care center established for the benefit of children of Members and employees of the Senate, the designation shall be with the approval of the Senate Committee on Rules and Administration, and in the case of such a center established for the benefit of children of Members and employees of the House of Representatives, the designation shall be with the approval of the House Committee on House Oversight, with the concurrence of the House Office Building Commission. (2) The Architect of the Capitol shall enclose with a fence any area designated pursuant to subsection (a) as a play area. (3) The authority to use an area designated pursuant to subsection (a) as a play area may be terminated at any time by the Committee which approved such designation. (c) Playground equipment; required approval [Release Point 118-70] Nothing in this or any other Act shall be construed as prohibiting any day care center referred to in subsection (a) from placing playground equipment within an area designated pursuant to subsection (a) for use solely in connection with the operation of such center, subject to, in the case of a day care center established for the benefit of children of Members and employees of the Senate, the approval of the Senate Committee on Rules and Administration, and in the case of such a center established for the benefit of children of Members and employees of the House of Representatives, the approval of the House Committee on House Oversight, with the concurrence of the House Office Building Commission. (d) Day care center The day care center referred to in S. Res. 269, Ninety-eighth Congress, first session, is a day care center for which space may be designated under subsection (a) for use as a play area. (Pub. L. 98–392, §3, Aug. 21, 1984, 98 Stat. 1362; Pub. L. 104–186, title II, §221(14), Aug. 20, 1996, 110 Stat. 1750.) EDITORIAL NOTES REFERENCES IN TEXT S. Res. 269, Ninety-eighth Congress, first session, referred to in subsec. (d), is dated Nov. 14, 1983, and reads as follows: " , That payment is authorized from the contingent fund of the Senate in an amount Resolved not to exceed $20,000 for the start-up costs, including the procurement of the services of individual consultants or organizations, for a Senate day care center, which shall be ready for occupancy by January 1, 1984. " . 2. Payments under this resolution shall be paid from the appropriation account for 'Miscellaneous SEC Items' in the contingent fund of the Senate upon vouchers approved by the chairman of the Committee on Rules and Administration. " . 3. The Committee on Rules and Administration shall supervise any contract entered into on behalf of SEC the Senate, under authority of this resolution. Such contract shall not be subject to the provisions of section 5 of title 41 of the United States Code [now 41 U.S.C. 6101] or any other provision of law requiring advertising." CODIFICATION Section was classified to section 214b of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. AMENDMENTS 1996—Subsecs. (b)(1), (c). Pub. L. 104–186 substituted "House Oversight" for "House Administration". STATUTORY NOTES AND RELATED SUBSIDIARIES CHANGE OF NAME Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
§2061. Designation of play areas on Capitol grounds for children attending day
2024-07-12T00:00:00
1016487de857f100d83f73dc58bbe3ac1dcc772e5ba14fbc7a298f953d6da348
US House of Representatives
2, 30, §2062
(a) Maintenance and operation; admission of children (1) The Chief Administrative Officer of the House of Representatives shall maintain and operate a child care center (to be known as the "House of Representatives Child Care Center") to furnish pre-school child care and (subject to the approval of regulations by the Committee on House Administration) child care for school age children other than during the course of the ordinary school day— (A) for children of individuals whose pay is disbursed by the Chief Administrative Officer of [Release Point 118-70] the House of Representatives and children of support personnel of the House of Representatives; (B) if places are available after admission of all children who are eligible under subparagraph (A), for children of individuals whose pay is disbursed by the Secretary of the Senate and children of employees of agencies of the legislative branch; and (C) if places are available after admission of all children who are eligible under subparagraph (A) or (B), for children of employees of other offices, departments, and agencies of the Federal Government. (2) Children shall be admitted to the center on a nondiscriminatory basis and without regard to any office or position held by their parents. (b) Advisory board; membership, functions, etc. (1)(A) The Speaker of the House of Representatives shall appoint 15 individuals (of whom 7 shall be upon recommendation of the minority leader of the House of Representatives), to serve without pay, as members of an advisory board for the center. The board shall— (i) provide advice to the Chief Administrative Officer on matters of policy relating to the administration and operation of the center (including the selection of the director of the center); (ii) be chosen from among Members of the House of Representatives, spouses of Members, parents of children enrolled in the center, and other individuals with expertise in child care or interest in the center; and (iii) serve during the Congress in which they are appointed, except that a member of the board may continue to serve after the expiration of a term until a successor is appointed. (B) The director of the center shall serve as an additional member of the board, ex officio and without the right to vote. (2) A vacancy on the board shall be filled in the manner in which the original appointment is made. (3) The chairman of the board shall be elected by the members of the board. (c) Duties of Chief Administrative Officer of House of Representatives In carrying out subsection (a), the Chief Administrative Officer is authorized— (1) to collect fees for child care services; (2) to accept such gifts of money and property as may be approved by the Chairman and the ranking minority party member of the Committee on House Oversight of the House of Representatives, acting jointly; and (3) to employ a director and other employees for the center. (d) Salaries and expenses; funding limits (1) There is established in the Treasury of the United States a revolving fund for the House of Representatives to be known as the "House Child Care Center Revolving Fund" (hereafter in this section referred to as the "Fund"), consisting of the amounts received under subsection (c) and any other funds deposited by the Chief Administrative Officer of the House of Representatives from amounts received by the House of Representatives with respect to the operation of the center. Except as provided in paragraphs (2) and (3), the Fund shall be the exclusive source for all salaries and expenses for activities carried out under this section. (2) With respect to employees of the center, the House of Representatives shall make Government contributions and payments for health insurance, retirement, employment taxes, and similar benefits and programs (including the subsidies provided on behalf of employees of the center as a result of reductions in the amount of tuition otherwise charged with respect to children of such employees under paragraph (4)) in the same manner as such contributions and payments are made for other employees of the House of Representatives. (3) The House of Representatives shall make payments from amounts provided in appropriations acts for salaries and expenses of the Office of the Chief Administrative Officer for the following activities carried out under this section: [Release Point 118-70] (A) The payment of the salary of the director of the center, and, at the option of the Chief Administrative Officer during an emergency situation, the payment of the salary of other employees of the Center. (B) The cost of training classes and conferences for individuals employed by the center in connection with the provision of child care services, together with the cost of travel (including transportation and subsistence) incurred in connection with such classes and conferences. (C) During an emergency situation, the payment of such other expenses for activities carried out under this section as the Chief Administrative Officer determines appropriate. (4) In the case of a child of an employee of the center who is furnished care at the center, the Chief Administrative Officer shall reduce the amount of tuition otherwise charged with respect to such child during a month by the greater of— (A) 50 percent; or (B) such percentage as may be necessary to ensure that the total amount of tuition paid by the employee with respect to all children of the employee who are furnished care at the center during the month does not exceed $1,000. (e) Fund as category of allowances and expenses The Fund shall be treated as a category of allowances and expenses for purposes of section 5507(a) of this title. (f) Definitions As used in this section— (1) the term "Member of the House of Representatives" means a Representative in, or a Delegate or Resident Commissioner to, the Congress; (2) the term "agency of the legislative branch" means the Office of the Architect of the Capitol, the Botanic Garden, the Government Accountability Office, the Government Publishing Office, the Library of Congress, the Office of Technology Assessment, the Congressional Budget Office, and the Copyright Royalty Tribunal; and (3) the term "support personnel" means, with respect to the House of Representatives, any employee of a credit union or of the Architect of the Capitol, whose principal duties are to support the functions of the House of Representatives. (Pub. L. 102–90, title III, §312, Aug. 14, 1991, 105 Stat. 467; Pub. L. 102–392, title III, §319(a), Oct. 6, 1992, 106 Stat. 1725; Pub. L. 104–186, title II, §221(5), (6), Aug. 20, 1996, 110 Stat. 1749; Pub. L. 106–100, §1(a), Nov. 12, 1999, 113 Stat. 1332; Pub. L. 108–7, div. H, title I, §108(a), Feb. 20, 2003, 117 Stat. 355; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814; Pub. L. 111–8, div. G, title I, §106, Mar. 11, 2009, 123 Stat. 818; Pub. L. 111–248, §2(a)(1), (b), Sept. 30, 2010, 124 Stat. 2625; Pub. L. 113–235, div. H, title I, §1301(b), Dec. 16, 2014, 128 Stat. 2537; Pub. L. 116–94, div. E, title I, §117(a), (b), Dec. 20, 2019, 133 Stat. 2761; Pub. L. 116–136, div. B, title IX, §19002(a), Mar. 27, 2020, 134 Stat. 577; Pub. L. 117–328, div. I, title I, §116(a), Dec. 29, 2022, 136 Stat. 4923.) EDITORIAL NOTES CODIFICATION Section was classified to section 184g of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. Section is comprised of section 312 of Pub. L. 102–90. Another subsec. (f) of section 312 of Pub. L. 102–90 repealed sections 184b to 184f of former Title 40, Public Buildings, Property, and Works. AMENDMENTS 2022—Subsec. (d)(3)(B). Pub. L. 117–328 substituted "The cost of training classes and conferences for individuals employed by the center" for "The reimbursement of individuals employed by the center for the cost of training classes and conferences". 2020—Subsec. (d)(3)(A). Pub. L. 116–136, §19002(a)(1), substituted ", and, at the option of the Chief Administrative Officer during an emergency situation, the payment of the salary of other employees of the [Release Point 118-70] Center." for period at end. Subsec. (d)(3)(C). Pub. L. 116–136, §19002(a)(2), which directed that subpar. (C) be added "at the end" of subsec. (d)(3)(A), was executed by adding subpar. (C) at the end of subsec. (d)(3), to reflect the probable intent of Congress. 2019—Subsec. (d)(2). Pub. L. 116–94, §117(b), inserted "(including the subsidies provided on behalf of employees of the center as a result of reductions in the amount of tuition otherwise charged with respect to children of such employees under paragraph (4))" after "similar benefits and programs". Subsec. (d)(4). Pub. L. 116–94, §117(a), added par. (4). 2010—Subsec. (d)(1). Pub. L. 111–248, §2(a)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "There is established an account which, subject to appropriation, and except as provided in paragraphs (2) and (3), shall be the exclusive source for all salaries and expenses for activities carried out under this section. The Chief Administrative Officer shall deposit in the account any amounts received under subsection (c) of this section." Subsecs. (e), (f). Pub. L. 111–248, §2(b), added subsec. (e) and redesignated former subsec. (e) as (f). 2009—Subsec. (a)(1). Pub. L. 111–8 substituted "pre-school child care and (subject to the approval of regulations by the Committee on House Administration) child care for school age children other than during the course of the ordinary school day" for "pre-school child care" in introductory provisions. 2004—Subsec. (e)(2). Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office". 2003—Subsec. (d)(1). Pub. L. 108–7, §108(a)(1), substituted "paragraphs (2) and (3)" for "paragraph (2)". Subsec. (d)(3). Pub. L. 108–7, §108(a)(2), added par. (3). 1999—Subsec. (a)(1)(C). Pub. L. 106–100 added subpar. (C). 1996—Pub. L. 104–186, §221(5)(A), substituted "Chief Administrative Officer" for "Clerk" wherever appearing. Subsec. (a)(1)(A). Pub. L. 104–186, §221(5)(B), struck out "or the Sergeant at Arms of the House of Representatives" before "and children". Subsec. (b)(1)(A). Pub. L. 104–186, §221(6)(A), substituted "minority leader" for "Minority Leader". Subsec. (c)(2). Pub. L. 104–186, §221(6)(B), substituted "House Oversight" for "House Administration". Subsec. (d)(1). Pub. L. 104–186, §221(6)(C), struck out "in the contingent fund of the House of Representatives" after "established". Subsec. (d)(2). Pub. L. 104–186, §221(5)(C), substituted "With respect" for "with respect". 1992—Subsec. (d)(2). Pub. L. 102–392 amended par. (2) generally. Prior to amendment, par. (2) read as follows: "During fiscal year 1992, of the funds provided in this Act for the 'HOUSE OF REPRESENTATIVES' under ' ', not more than $45,000 may be expended to SALARIES AND EXPENSES carry out this section, subject to approval of the Committee on Appropriations of the House of Representatives. Any amount under this paragraph shall be in addition to any amount made available under paragraph (1)." STATUTORY NOTES AND RELATED SUBSIDIARIES CHANGE OF NAME Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. "Government Publishing Office" substituted for "Government Printing Office" in subsec. (f)(2) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents. EFFECTIVE DATE OF 2022 AMENDMENT Pub. L. 117–328, div. I, title I, §116(b), Dec. 29, 2022, 136 Stat. 4924, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to fiscal year 2023 and each succeeding fiscal year." EFFECTIVE DATE OF 2020 AMENDMENT Pub. L. 116–136, div. B, title IX, §19002(b), Mar. 27, 2020, 134 Stat. 577, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to fiscal year 2020 and each succeeding fiscal year." [Release Point 118-70] EFFECTIVE DATE OF 2019 AMENDMENT Pub. L. 116–94, div. E, title I, §117(c), Dec. 20, 2019, 133 Stat. 2761, provided that: "The amendments made by this section [amending this section] shall apply with respect to fiscal year 2020 and each succeeding fiscal year." EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111–248, §2(c), Sept. 30, 2010, 124 Stat. 2626, provided that: "This section [amending this section and enacting provisions set out as a note under this section] and the amendments made by this section shall take effect October 1, 2010, and shall apply with respect to fiscal year 2011 and each succeeding fiscal year." EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108–7, div. H, title I, §108(b), Feb. 20, 2003, 117 Stat. 355, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to fiscal year 2003 and each succeeding fiscal year." EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106–100, §1(b), Nov. 12, 1999, 113 Stat. 1332, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to children admitted to the House of Representatives Child Care Center on or after the date of the enactment of this Act [Nov. 12, 1999]." EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–392, title III, §319(b), Oct. 6, 1992, 106 Stat. 1725, provided that: "The amendment made by subsection (a) [amending this section] shall apply to fiscal years beginning after September 30, 1992." TRANSFER OF EXISTING ACCOUNT Pub. L. 111–248, §2(a)(2), Sept. 30, 2010, 124 Stat. 2625, provided that: "Any amounts in the account established by section 312(d)(1) of such Act [2 U.S.C. 2062(d)(1)] as of the day before the effective date of this section [see Effective Date of 2010 Amendment note above], together with any amounts in the House Services Revolving Fund as of the effective date of this section which, at the time of deposit into the House Services Revolving Fund, were designated for purposes of the House Child Care Center, shall be transferred to the House Child Care Center Revolving Fund established by such section, as amended by paragraph (1)." RETIREMENT CREDIT FOR CERTAIN PRIOR SERVICE WITH HOUSE CHILD CARE CENTER Pub. L. 103–69, title III, §309, Aug. 11, 1993, 107 Stat. 711, provided that: "(a) .—For the purpose of this section— DEFINITIONS "(1) the term 'House Child Care Center' means the House of Representatives Child Care Center; and "(2) the term 'Congressional employee' has the meaning given such term— "(A) in subchapter III of chapter 83 of title 5, United States Code, to the extent that this section relates to the Civil Service Retirement System; or "(B) in chapter 84 of title 5, United States Code, to the extent that this section relates to the Federal Employees' Retirement System. "(b) CSRS.—(1) Subject to paragraph (2), any individual who is an employee of the House Child Care Center on the date of enactment of this Act [Aug. 11, 1993] shall be allowed credit under subchapter III of chapter 83 of title 5, United States Code, as a Congressional employee, for any service if— "(A) such service was performed before October 1, 1991, as an employee of the House Child Care Center (as constituted before that date); and "(B) the employee is subject to subchapter III of chapter 83 of such title as of the date of enactment of this Act. "(2) Credit for service described in paragraph (1)(A) shall not be allowed under this section unless there is paid into the Civil Service Retirement and Disability Fund, by or on behalf of the employee involved, an amount equal to the deductions from pay which would have been applicable under section 8334(c) of title 5, United States Code, for the period of service involved, if such employee were then a Congressional employee, including interest. Retirement credit may not be allowed under this section for any such service unless the full amount of the deposit required under the preceding sentence has been paid. "(c) FERS.—(1) Subject to paragraph (2), any individual who is an employee of the House Child Care Center on the date of enactment of this Act [Aug. 11, 1993] shall be allowed credit under chapter 84 of title 5, United States Code, as a Congressional employee, for any service if— "(A) such service was performed before October 1, 1991, as an employee of the House Child Care Center (as constituted before that date); and [Release Point 118-70] "(B) the employee is subject to chapter 84 of such title as of the date of enactment of this Act. "(2) Credit for service described in paragraph (1)(A) shall not be allowed under this section unless there is paid into the Civil Service Retirement and Disability Fund, by or on behalf of the employee involved, an amount equal to the deductions from pay which would have been payable under applicable provisions of law, for the period of service involved, if such employee were then a Congressional employee, including interest (computed in the same way as interest under subsection (b)(2)). Retirement credit may not be allowed under this section for any such service unless the full amount of the deposit required under the preceding sentence has been paid. "(d) .—Nothing in this section shall be considered to relate to the Thrift Savings Plan. CLARIFICATION "(e) .—The Office of Personnel Management shall— OPM FUNCTIONS "(1) prescribe any regulations which may be necessary to carry out this section; and "(2) with respect to any service for which credit is sought under this section, accept the certification of the Clerk of the House of Representatives concerning the period of such service and the amount of pay which was paid for such service." AVAILABILITY OF AMOUNTS DEPOSITED IN ACCOUNT FOR SALARIES AND EXPENSES Pub. L. 102–392, title III, §307, Oct. 6, 1992, 106 Stat. 1722, provided that: "The amounts deposited in the account established by section 312(d)(1) of the Legislative Branch Appropriations Act, 1992 (40 U.S.C. 184g(d)(1)) [now 2 U.S.C. 2062(d)(1)] shall be available for salaries and expenses of the House of Representatives Child Care Center without fiscal year limitation, subject to the approval of the Committee on Appropriations of the House of Representatives."
§2062. House of Representatives Child Care Center
1991-10-01T00:00:00
09af426f5770b1ecd67fad06103c65e5b3dc6198d6828b6fd7d46ffd247369d6
US House of Representatives
2, 30, §2063
(a) Applicability of provisions The provisions of this section shall apply to any individual who is employed by the Senate day care center (known as the "Senate Employee Child Care Center" and hereafter in this section referred to as the "Center") established pursuant to Senate Resolution 269, Ninety-eighth Congress, and section 2061 of this title. (b) Employee election of health care insurance coverage Any individual described under subsection (a) who is employed by the Center on or after August 14, 1991, shall be deemed an employee under section 8901(1) of title 5 for purposes of health insurance coverage under chapter 89 of such title. An individual described under subsection (a) who is an employee of the Center on August 14, 1991, may elect coverage under this subsection during the 31-day period beginning on August 14, 1991, and during such periods as determined by the Office of Personnel Management for employees of the Center employed after August 14, 1991. (c) Deductions and withholding from employee pay The Center shall make such deductions and withholdings from the pay of an individual described under subsection (a) who is an employee of the Center in accordance with subsection (d) of this section. (d) Employee records; amount of deductions The Center shall— (1) maintain records on all employees covered under this section in such manner as the Secretary of the Senate may require for administrative purposes; and (2) after consultation with the Secretary of the Senate— (A) make deductions from the pay of employees of amounts determined in accordance with section 8906 of title 5; and (B) transmit such deductions to the Secretary of the Senate for deposit and remittance to the Office of Personnel Management. (e) Government contributions Government contributions for individuals receiving benefits under this section, as computed under section 8906 of title 5, shall be made by the Secretary of the Senate from the appropriations account, [Release Point 118-70] within the contingent fund of the Senate, "miscellaneous items". (f) Regulations The Office of Personnel Management may prescribe regulations to carry out the provisions of this section. (Pub. L. 102–90, title III, §311, Aug. 14, 1991, 105 Stat. 467.) EDITORIAL NOTES REFERENCES IN TEXT For Senate Resolution 269, referred to in subsec. (a), see References in Text note set out under section 2061 of this title. CODIFICATION Section was classified to section 214c of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. STATUTORY NOTES AND RELATED SUBSIDIARIES SOURCE OF FUNDS USED FOR PAYMENT OF SALARIES AND EXPENSES OF SENATE EMPLOYEE CHILD CARE CENTER Pub. L. 116–136, div. B, title IX, §19001, Mar. 27, 2020, 134 Stat. 577, as amended by Pub. L. 116–260, div. O, title XI, §1101(a), Dec. 27, 2020, 134 Stat. 2156, provided that: "(a) .—During the period beginning on July 1, 2020 and ending on the termination REIMBURSEMENTS date of the public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) resulting from the COVID–19 pandemic, the Secretary of the Senate shall reimburse the Senate Employee Child Care Center for expenses, due to measures taken in the Capitol complex to combat coronavirus, as calculated under subsection (b) and from amounts in the appropriations account 'Miscellaneous Items' within the contingent fund of the Senate. "(b) .—The amount of the reimbursement under this section for each month of the period AMOUNT described in subsection (a) shall be equal to the difference between— "(1) the lesser of— "(A) the amount of the operating costs (including payroll, general, and administrative expenses) of the Center for such month; or "(B) $105,000; and "(2) the amount of tuition payments collected by the Center for such month." [For definition of "coronavirus" as used in section 19001 of Pub. L. 116–136, set out above, see section 23005 of Pub. L. 116–136, set out as a note under section 162b of this title.]
§2063. Senate Employee Child Care Center
2020-07-01T00:00:00
1ec5353b5dd6c2cd9c50b422176c4ec569e491ac44a38f7d455364e36baea242
US House of Representatives
2, 30, §2064
(a) Election for coverage The provisions of this section shall apply to any individual who— (1)(A) on October 6, 1992, is employed by the Senate day care center (known as the "Senate Employee Child Care Center") established pursuant to Senate Resolution 269, Ninety-eighth Congress, and section 2061 of this title; and (B) makes an election to be covered by this section with the Secretary of the Senate, no later than 60 days after October 6, 1992; or (2) is hired by the Center after October 6, 1992, and makes an election to be covered by this section with the Secretary of the Senate, no later than 60 days after the date such individual begins employment. (b) Payment of deposit; payroll deduction (1) Any individual described under subsection (a) may be credited, under section 8411 of title 5 1 [Release Point 118-70] for service as an employee of the Senate day care center before January 1, 1993, if such employee makes a payment of the deposit under section 8411(f)(2) of such title without application of the provisions of section 8411(b)(3) of such title. (2) An individual described under subsection (a) shall be credited under section 8411 of title 5 for any service as an employee of the Senate day care center on or after October 6, 1992, if such employee has such amounts deducted and withheld from his pay as determined by the Office of Personnel Management (in accordance with regulations prescribed by such Office subject to subsection (h) of this section) which would be deducted and withheld from the basic pay of an employee under section 8422 of title 5. (c) Survivor annuities and disability benefits Notwithstanding any other provision of this section, any service performed by an individual described under subsection (a) as an employee of the Senate day care center is deemed to be civilian service creditable under section 8411 of title 5 for purposes of qualifying for survivor annuities and disability benefits under subchapters IV and V of chapter 84 of such title, if such individual makes payment of an amount, determined by the Office of Personnel Management, which would have been deducted and withheld from the basic pay of such individual if such individual had been an employee subject to section 8422 of title 5 for such period so credited, together with interest thereon. (d) Participation in Thrift Savings Plan An individual described under subsection (a) shall be deemed a congressional employee for purposes of chapter 84 of title 5 including subchapter III thereof and may make contributions under section 8432 of such title effective for the first applicable pay period beginning on or after October 6, 1992. (e) Life insurance coverage An individual described under subsection (a) shall be deemed an employee under section 8701(a)(3) of title 5 for purposes of life insurance coverage under chapter 87 of such title. (f) Government contributions Government contributions for individuals receiving benefits under this section, as computed under sections 8423, 8432, and 8708, shall be made by the Secretary of the Senate from the appropriations 2 account, within the contingent fund of the Senate, "Miscellaneous Items". (g) Certification of creditable service The Office of Personnel Management shall accept the certification of the Secretary of the Senate concerning creditable service for the purpose of this section. (h) Payment to center of amounts equal to Federal tax on employers (1) Subject to the provisions of paragraph (2), the Secretary of the Senate shall pay such amounts to the Senate day care center equal to the tax on employers under section 3111 of title 26 with respect to each employee of the Senate day care center. Such payments shall be made from the appropriations account, within the contingent fund of the Senate, "Miscellaneous Items". (2) The Senate day care center shall provide appropriate documentation to the Secretary of the Senate of payment by such center of the tax described under paragraph (1), before the Secretary of the Senate may pay any amount to such center as provided under paragraph (1). (i) Administrative provisions The Center shall— (1) consult with the Secretary of the Senate on the administration of this section; (2) maintain records on all employees covered under this section in such manner as the Secretary of the Senate may require for administrative purposes; (3) make deductions and withholdings from the pay of employees in the amounts determined under sections 8422, 8432, and 8707 of title 5; and (4) transmit such deductions and withholdings to the Secretary of the Senate for deposit and remittance to the Office of Personnel Management. [Release Point 118-70] (j) Regulations The Office of Personnel Management may prescribe regulations to carry out the provisions of this section. (Pub. L. 102–392, title III, §320, Oct. 6, 1992, 106 Stat. 1725; Pub. L. 103–50, ch. XII, §1203(a)(1), (b)(1), July 2, 1993, 107 Stat. 268.) EDITORIAL NOTES REFERENCES IN TEXT For Senate Resolution 269, referred to in subsec. (a)(1)(A), see References in Text note set out under section 2061 of this title. CODIFICATION Section was classified to section 214d of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. AMENDMENTS 1993—Subsec. (b)(1). Pub. L. 103–50, §1203(b)(1), substituted "January 1, 1993" for "October 6, 1992". Subsecs. (h) to (j). Pub. L. 103–50, §1203(a)(1), added subsec. (h) and redesignated former subsecs. (h) and (i) as (i) and (j), respectively. STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE OF 1993 AMENDMENT Pub. L. 103–50, ch. XII, §1203(a)(2), July 2, 1993, 107 Stat. 268, provided that: "The amendments made by paragraph (1) [amending this section] shall take effect on the first day of the first month beginning on or after the date of the enactment of this Act [July 2, 1993]." Pub. L. 103–50, ch. XII, §1203(b)(2), July 2, 1993, 107 Stat. 268, provided that: "The amendment made by paragraph (1) [amending this section] shall take effect on the date of the enactment of this Act [July 2, 1993]." So in original. The comma probably should not appear. 1 So in original. The words "of title 5" probably should precede the comma. 2
§2064. Senate Employee Child Care Center employee benefits
1993-07-02T00:00:00
adfb874d0aa04f7b2179743a71d70ab2e0b279e6afbdf7c5445fd3b98231b952
US House of Representatives
2, 30, §2065
(a) Cost of training classes, conferences, and related expenses Notwithstanding section 1345 of title 31, the Secretary of the Senate may reimburse any individual employed by the Senate day care center for the cost of training classes and conferences in connection with the provision of child care services and for travel, transportation, and subsistence expenses incurred in connection with the training classes and conferences. (b) Documentation The Senate day care center shall certify and provide appropriate documentation to the Secretary of the Senate with respect to any reimbursement under this section. Reimbursements under this section shall be made from the appropriations account "MISCELLANEOUS ITEMS" within the contingent fund of the Senate on vouchers approved by the Secretary of the Senate. (c) Regulations and limitations Reimbursements under this section shall be subject to the regulations and limitations prescribed by the Committee on Rules and Administration of the Senate for travel and related expenses for which payment is authorized to be made from the contingent fund of the Senate. (d) Effective date [Release Point 118-70] This section shall be effective on and after October 1, 1996. (Pub. L. 104–197, title I, §6, Sept. 16, 1996, 110 Stat. 2397.) EDITORIAL NOTES CODIFICATION Section was classified to section 214e of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. SUBCHAPTER V—HISTORICAL PRESERVATION AND FINE ARTS PART A—UNITED STATES CAPITOL PRESERVATION COMMISSION
§2065. Reimbursement of Senate day care center employees
1996-10-01T00:00:00
4aa670e5063942d2356dc64f980fa9e29897edd9463f6e916b0fa44cbdf4f569
US House of Representatives
2, 30, §2081
(a) Establishment and purposes There is established in the Congress the United States Capitol Preservation Commission (hereinafter in this part referred to as the "Commission") for the purposes of— (1) providing for improvements in, preservation of, and acquisitions for, the United States Capitol; (2) providing for works of fine art and other property for display in the United States Capitol and at other locations under the control of the Congress; and (3) conducting other activities that directly facilitate, encourage, or otherwise support any purposes specified in paragraph (1) or (2). (b) Membership The Commission shall be composed of the following Members of Congress: (1) The President pro tempore of the Senate and the Speaker of the House of Representatives, who shall be co-chairmen. (2) The Chairman and Vice-Chairman of the Joint Committee on the Library. (3) The Chairman and the ranking minority party member of the Committee on Rules and Administration of the Senate, and the Chairman and the ranking minority party member of the Committee on House Oversight of the House of Representatives. (4) The majority leader and the minority leader of the Senate. (5) The majority leader and the minority leader of the House of Representatives. (6) The Chairman of the Commission on the Bicentennial of the United States Senate and the Chairman of the Commission of the House of Representatives Bicentenary, to be succeeded upon expiration of such commissions, by a Senator or Member of the House of Representatives, as appropriate, appointed by the Senate or House of Representatives co-chairman of the Commission, respectively. (7) One Senator appointed by the President pro tempore of the Senate and one Senator appointed by the minority leader of the Senate. (8) One Member of the House of Representatives appointed by the Speaker of the House of Representatives and one Member of the House of Representatives appointed by the minority leader of the House of Representatives. (c) Designees Each member of the Commission specified under subsection (b) (other than a member under paragraph (7) or (8) of such subsection) may designate a Senator or Member of the House of [Release Point 118-70] Representatives, as the case may be, to serve as a member of the Commission in place of the member so specified. (d) Architect of the Capitol In addition to the members under subsection (b), the Architect of the Capitol shall participate in the activities of the Commission, ex officio, and without the right to vote. (e) Staff support and assistance The Senate Commission on Art, the House of Representatives Fine Arts Board, and the Architect of the Capitol shall provide to the Commission such staff support and assistance as the Commission may request. (Pub. L. 100–696, title VIII, §801, Nov. 18, 1988, 102 Stat. 4608; Pub. L. 104–186, title II, §221(7), Aug. 20, 1996, 110 Stat. 1749.) EDITORIAL NOTES CODIFICATION Section was classified to section 188a of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. AMENDMENTS 1996—Subsec. (b)(3). Pub. L. 104–186 substituted "House Oversight" for "House Administration". STATUTORY NOTES AND RELATED SUBSIDIARIES CHANGE OF NAME Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
§2081. United States Capitol Preservation Commission
2024-07-12T00:00:00
0acf8e4ec595a74c20af13c45efffd6fd10b8c20b49d7993b8ad0803ea59c596
US House of Representatives
2, 30, §2082
relating to works of fine art and other property (a) In general In carrying out the purposes referred to in section 2081(a) of this title the Commission is authorized— (1) to accept gifts of works of fine art, gifts of other property, and gifts of money; and (2) to acquire property, administer property, dispose of property, and conduct other transactions related to such purposes. (b) Transfer and disposition of works of fine art and other property The Commission shall, with respect to works of fine art and other property received by the Commission— (1) in consultation with the Joint Committee on the Library, the Senate Commission on Art, or the House of Representatives Fine Arts Board, as the case may be, transfer such property to the entity consulted; (2) if a transfer described in paragraph (1) is not appropriate, dispose of the work of fine art by sale or other transaction; and (3) in the case of property that is not directly related to the purposes referred to in section 2081(a) of this title, dispose of such property by sale or other transaction. (c) Requirements for conduct of transactions In conducting transactions under this section, the Commission shall— (1) accept money only in the form of a check or similar instrument made payable to the [Release Point 118-70] Treasury of the United States and shall deposit any such check or instrument in accordance with section 2083 of this title; (2) in making sales and engaging in other property transactions, take into consideration market conditions and other relevant factors; and (3) assure that each transaction is directly related to the purposes referred to in section 2081(a) of this title. (Pub. L. 100–696, title VIII, §802, Nov. 18, 1988, 102 Stat. 4609; Pub. L. 101–302, title III, §312(a), May 25, 1990, 104 Stat. 245.) EDITORIAL NOTES CODIFICATION Section was classified to section 188a–1 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062. AMENDMENTS 1990—Subsec. (b)(1). Pub. L. 101–302 amended par. (1) generally. Prior to amendment, par. (1) read as follows: "upon agreement with the Joint Committee on the Library, the Senate Commission on Art, or the House of Representatives Fine Arts Board, as the case may be, transfer such property to the entity with which the agreement is made;".
§2082. Authority of Commission to accept gifts and conduct other transactions
1990-05-25T00:00:00
306e671fb291754d1df26772e3b9db84455d3c53e74e5f874a29268b30646219