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

Page 413 TITLE 2—THE CONGRESS § 1903 AMENDMENTS 2022—Subsec. (c). Pub. L. 117–103 substituted ‘‘the an- nual 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 ex- ceed $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 Door- keeper of the Senate’’ for ‘‘but not to exceed the rate of basic pay payable for level ES–4 of the Senior Execu- tive Service, as established under subchapter VIII of chapter 53 of title 5 (taking into account any com- parability 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 chap- ter 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 begin- ning 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 sec- tion and enacting provisions set out as a note under section 1901 of this title] and the amendment made by this section shall apply with respect to pay periods be- ginning 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 amend- ment 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. § 1903. Chief Administrative Officer (a) Chief Administrative Officer (1) Establishment There shall be within the United States Cap- itol 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 ap- pointed by the Chief of the United States Cap- itol Police, after consultation with the Capitol Police Board, without regard to political af- filiation and solely on the basis of fitness to perform the duties of the position. (3) Compensation The annual rate of pay for the Chief Admin- istrative 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 Po- lice 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 ac- tivities relating to the programs and oper- ations of the Capitol Police; (B) develop and maintain an integrated ac- counting and financial system for the Cap- itol 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 require- ments applicable to such systems; and (iii) provides for— (I) complete, reliable, consistent, and timely information which is prepared on a uniform basis and which is responsive to financial information needs of the Capitol Police; (II) the development and reporting of cost information; (III) the integration of accounting and budgeting information; and (IV) the systematic measurement of performance; (C) direct, manage, and provide policy guidance and oversight of Capitol Police fi- nancial management personnel, activities, and operations, including— Page 414 TITLE 2—THE CONGRESS § 1903 1 So in original. Probably should not be capitalized. (i) the recruitment, selection, and train- ing of personnel to carry out Capitol Po- lice financial management functions; and (ii) the implementation of Capitol Police asset management systems, including sys- tems for cash management, debt collec- tion, and property and inventory manage- ment and control; and (D) Prepare 1 annual financial statements for the Capitol Police, and such financial statements shall be audited by the Inspector General of the Capitol Police or by an inde- pendent public accountant, as determined by the Inspector General. (3) Information technology The Chief Administrative Officer shall— (A) direct, coordinate, and oversee the ac- quisition, use, and management of informa- tion technology by the Capitol Police; (B) promote and oversee the use of infor- mation technology to improve the efficiency and effectiveness of programs of the Capitol Police; and (C) establish and enforce information tech- nology principles, guidelines, and objectives, including developing and maintaining an in- formation 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 Cap- itol Police; (B) develop and monitor payroll and time and attendance systems and employee serv- ices; and (C) develop and monitor processes for re- cruiting, selecting, appraising, and pro- moting 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 Adminis- tration and the appointment and compensation of the Chief Administrative Officer. Subsec. (c). Pub. L. 111–145, § 2(a)(2), struck out sub- sec. (c) which related to the Chief Administrative Offi- cer’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 poli- cies, procedures, and actions, a report on progress made in such planning, submission of the plan and report to the appropriate congressional committees, and termi- nation of the role of the Comptroller General. 2005—Subsec. (b)(2)(D). Pub. L. 109–55 amended sub- par. (D) generally. Prior to amendment, subpar. (D) read as follows: ‘‘shall prepare annual financial state- ments for the Capitol Police and provide for an annual audit of the financial statements by an independent public accountant in accordance with generally accept- ed government auditing standards.’’ 2004—Subsec. (a)(5). Pub. L. 108–271 substituted ‘‘Gov- ernment Accountability Office’’ for ‘‘General Account- ing Office’’. 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 Po- lice, 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 ex- ceed the annual rate of basic pay payable for ES–2 of the Senior Executive Service, as established under sub- chapter VIII of chapter 53 of title 5 (taking into ac- count any comparability payments made under section 5304(h) of such title)’’. 2000—Pub. L. 106–346 amended section generally, sub- stituting present provisions for similar provisions es- tablishing within the Capitol Police an Office of Ad- ministration 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 Account- ing 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 sub- section (a) [amending this section] shall apply with re- spect 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 amend- ments 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, pro- vided 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 Page 415 TITLE 2—THE CONGRESS § 1905 and 1929 of this title] may be construed to affect the status of any individual serving as an officer or em- ployee of the United States Capitol Police as of the date of the enactment of this Act [Mar. 4, 2010].’’ § 1904. Certifying officers (a) Appointment of certifying officers of the Cap- itol 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 Po- lice. (b) Responsibility and accountability of certi- fying officers (1) In general Each officer or employee of the Capitol Po- lice who has been duly authorized in writing by the Chief Administrative Officer, or the Chief of the Capitol Police if there is not a Chief Administrative Officer, to certify vouch- ers 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 vouch- er or its supporting papers and for the legal- ity of the proposed payment under the ap- propriation or fund involved; (B) be held responsible and accountable for the correctness of the computations of cer- tified vouchers; and (C) be held accountable for and required to make good to the United States the amount of any illegal, improper, or incorrect pay- ment resulting from any false, inaccurate, or misleading certificate made by such offi- cer 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 Comp- troller General’s discretion, relieve such certi- fying officer or employee of liability for any payment otherwise proper if the Comptroller General finds— (A) that the certification was based on of- ficial 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 con- trary to any statutory provision specifically prohibiting payments of the character in- volved, 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 cur- rently provided with respect to the enforcement of the liability of disbursing and other account- able officers, and such officers shall have the right to apply for and obtain a decision by the Comptroller General on any question of law in- volved 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 Po- lice Board’’. § 1905. Deposit and use of reimbursements for law enforcement assistance (a)(1) Any funds received by the Capitol Police as reimbursement for law enforcement assist- ance from any Federal, State, or local govern- ment agency (including any agency of the Dis- trict of Columbia), and from any other source in the case of assistance provided in connection with an activity that was not sponsored by Con- gress 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 enhance- ments’’ under the heading ‘‘United States Cap- itol Police’’. (2) Funds deposited under this subsection may be expended by the Chief of the United States Capitol Police for any authorized purpose, in- cluding overtime pay expenditures relating to any law enforcement assistance for which reim- bursement described in paragraph (1) is made, and shall remain available until expended. (b) This section shall take effect on July 24, 2001, and shall apply to fiscal year 2001 and each fiscal year thereafter. (Pub. L. 107–20, title II, § 2802, July 24, 2001, 115 Stat. 184; Pub. L. 111–145, § 2(b)(1), Mar. 4, 2010, 124 Stat. 51; Pub. L. 114–113, div. I, title I, § 1001(a), (b), Dec. 18, 2015, 129 Stat. 2663.) 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), sub- stituted ‘‘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 reimburse- ment described in paragraph (1) is made’’ for ‘‘law en- forcement assistance to any Federal, State, or local government agency (including any agency of the Dis- trict of Columbia)’’. 2010—Subsec. (a)(1). Pub. L. 111–145, § 2(b)(1)(A), sub- stituted ‘‘United States Capitol Police’’ for ‘‘Capitol Police Board’’ in two places.