2 U.S.C. § 1941 — Uniform

Page 428 TITLE 2—THE CONGRESS § 1934 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 estab- lished 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 enact- ment of the Legislative Branch Appropria- tions 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, re- ferred to in subsec. (b)(3)(B), is div. H of Pub. L. 108–7, which was approved Feb. 20, 2003. 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 L. 111–145 repealed sections 1924 and 1925 of this title.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 L. 111–145 repealed section 1009 of the Legislative Branch Appropriations Act, 2003, Pub.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. § 1934. Waiver by Chief of Capitol Police of claims arising out of erroneous payments to officers and employees (a) Waiver of claim Subject to the joint approval of the Chief Ad- ministrative Officer of the House of Representa- tives 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 pay- ment of any pay or allowances, other than trav- el 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 con- science 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 inves- tigation, including a description of the facts and circumstances of the claim, to the Chief Admin- istrative Officer of the House of Representatives and the Secretary of the Senate, except that if the aggregate amount of the claim involved ex- ceeds $1,500, the Comptroller General may also investigate the application and submit a written report of the investigation, including a descrip- tion of the facts and circumstances of the claim, to the Chief Administrative Officer of the House of Representatives and the Secretary of the Sen- ate. (c) Prohibition of waiver under certain cir- cumstances The Chief may not exercise the authority to waive a claim under subsection (a) if— (1) in the Chief’s opinion, there exists in con- nection with the claim an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the officer, member, or em- ployee 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 pe- riod that begins on the date on which the erro- neous payment of pay or allowances was dis- covered. (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, com- promise, or waive any claim of the United States. (g) Rules and regulations Subject to the approval of the Chief Adminis- trative 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 pay- ments 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. (Pub. L. 112–74, div. G, title I, § 1102, Dec. 23, 2011, 125 Stat. 1125.) Editorial Notes CODIFICATION Section is from the Legislative Branch Appropria- tions Act, 2012, which is div. G of the Consolidated Ap- propriations Act, 2012. PART C—UNIFORM AND ARMS § 1941. Uniform The Capitol Police Board shall select and reg- ulate 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 Po- lice 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 mem- ber 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. Page 429 TITLE 2—THE CONGRESS § 1951 (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 Representa- tives upon the certificate of the officers above named’’ and, in second sentence, inserted ‘‘or other arms as au- thorized 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 ac- cording to regulations prescribed by the Sergeant at Arms of the Senate and the Sergeant at Arms of the House of Representatives. § 1942. Uniform to display United States flag or colors (a) The uniform of officers and members of the United States Park Police force, the United States Secret Service Uniformed Division, the Capitol Police, and the Metropolitan Police force of the District of Columbia shall bear a distinctive patch, pin, or other emblem depict- ing 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 Sec- retary of the Treasury in the case of the United States Secret Service Uniformed Division, the Capitol Police Board in the case of the Capitol Police, and the Mayor of the District of Colum- bia in the case of the Metropolitan Police force shall prescribe such regulations as may be nec- essary 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 es- tablished 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 ‘‘commis- sioner’’. § 1943. Repealed. Pub. L. 111–145, § 6(b), Mar. 4, 2010, 124 Stat. 54 Section, R.S. § 1825, required members of the Capitol police to pay for their own uniforms. Editorial Notes CODIFICATION Section was classified to section 211 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1, Aug. 21, 2002, 116 Stat. 1062. R.S. § 1825 derived from act July 20, 1868, ch. 176, § 1, 15 Stat. 94. § 1944. Wearing uniform on duty The officers, privates, and watchmen of the Capitol police shall, when on duty, wear the reg- ulation 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 end- ing 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. PART D—UNITED STATES CAPITOL POLICE MEMORIAL FUND § 1951. Establishment of United States Capitol Police Memorial Fund There is hereby established in the Treasury of the United States the United States Capitol Po- lice Memorial Fund (hereafter in this part re- ferred to as the ‘‘Fund’’). All amounts received by the Capitol Police Board which are des- ignated for deposit into the Fund, including amounts received in response to the shooting in- cident 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