2 U.S.C. § 1907 — Transfer of disbursing function

Page 416 TITLE 2—THE CONGRESS § 1905a Subsec. (a)(2). Pub. L. 111–145, § 2(b)(1)(B), substituted ‘‘Chief of the United States Capitol Police’’ for ‘‘Cap- itol 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, pro- vided 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].’’ § 1905a. Reimbursement for salaries paid for service at Federal Law Enforcement Train- ing Center Notwithstanding any other provision of law, the Chief of the Capitol Police is authorized to receive moneys from the Department of the Treasury as reimbursements for salaries paid by the Capitol Police in connection with certain of- ficers and members of the United States Capitol Police serving as instructors at the Federal Law Enforcement Training Center. Moneys so re- ceived shall be deposited in the Treasury of the United States as miscellaneous receipts. (Pub. L. 95–26, title I, § 111, May 4, 1977, 91 Stat. 87; Pub. L. 108–7, div. H, title I, § 1018(h)(3), Feb. 20, 2003, 117 Stat. 369.) Editorial Notes CODIFICATION Section was formerly classified to section 64–3 of this title. Section is from the Supplemental Appropriations Act, 1977. AMENDMENTS 2003—Pub. L. 108–7 substituted ‘‘Chief of the Capitol Police’’ for ‘‘Secretary of the Senate’’ and ‘‘the Capitol Police’’ for ‘‘the United States Senate’’. Statutory Notes and Related Subsidiaries 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. TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the Federal Law Enforcement Training Cen- ter of the Department of the Treasury to the Secretary of Homeland Security, and for treatment of related ref- erences, see sections 203(4), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 1905b. Notification of obligation (a) Beginning on March 15, 2022, the Chief of the United States Capitol Police shall provide written notice to the Committee on Appropria- tions of the Senate and the Committee on Ap- propriations of the House of Representatives be- fore any obligation of funds under section 1905(a)(2) of this title that equals or exceeds $100,000. (b) This section shall apply with respect to fis- cal year 2022 and each fiscal year thereafter. (Pub. L. 117–103, div. I, title I, § 120, Mar. 15, 2022, 136 Stat. 513.) § 1906. Disposal of surplus property (a) In general Within the limits of available appropriations, the Capitol Police may dispose of surplus or ob- solete property of the Capitol Police, and prop- erty which is in the possession of the Capitol Police because it has been disposed, forfeited, voluntarily abandoned, or unclaimed, by inter- agency 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 sub- section (a) shall be credited to the account es- tablished 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 fol- lowing 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, § 1001(a), May 5, 2017, 131 Stat. 578.) Editorial Notes CODIFICATION Section is from the Legislative Branch Appropria- tions Act, 2003, which is div. H of Pub. L. 108–7. AMENDMENTS 2017—Subsec. (a). Pub. L. 115–31 substituted ‘‘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,’’ for ‘‘surplus or obsolete property of the Capitol Police’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT Pub. L. 115–31, div. I, title I, § 1001(c), May 5, 2017, 131 Stat. 578, provided that: ‘‘This section [enacting section 1982 of this title and amending this section] and the amendment made by this section shall apply with re- spect to fiscal year 2017 and each succeeding fiscal year.’’ § 1907. Transfer of disbursing function (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 Feb- ruary 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 Page 417 TITLE 2—THE CONGRESS § 1907 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 Cap- itol 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 Sen- ate 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 au- thority 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 dis- charging the disbursing functions under sub- section (a), the Chief shall have the author- ity 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 Rep- resentatives and the Secretary of the Senate to continue to serve as the disbursing au- thority on behalf of the Capitol Police pur- suant to subsection (a)(3). (2) General expenses There is established in the Treasury of the United States a separate account for the Cap- itol Police, into which shall be deposited ap- propriations received by the Chief of the Cap- itol Police and available for the general ex- penses 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 the control of the Chief Administrative Officer of the House of Rep- resentatives 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 sub- section (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 condi- tions as, the funds prior to the transfer. (2) Existing transfer authority Any transfer authority existing before Feb- ruary 20, 2003, granted to the Chief Adminis- trative Officer of the House of Representatives or the Secretary of the Senate for salaries, ex- penses, 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 Sep- tember 30 of the fifth fiscal year following the period or year for which provided. Unpaid obli- gations 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 car- rying 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, mem- ber, 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, ex- cept 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 termi- nation. (C) Notice or approval The Chief of the Capitol Police shall pro- vide notice or receive approval, as required by the Committee on Rules and Administra- tion of the Senate and the Committee on House Administration of the House of Rep- resentatives, as each Committee determines appropriate for— (i) the exercise of any authority under subparagraph (A); or (ii) the establishment of any new posi- tion for officers, members, or employees of the Capitol Police, for reclassification of existing positions, for reorganization plans, or for hiring, termination, or pro- motion for officers, members, or employ- ees of the Capitol Police. Page 418 TITLE 2—THE CONGRESS § 1907a (2) Benefits Employees of the Capitol Police who are ap- pointed 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 regula- tions. (f) Repealed. Pub. L. 113–76, div. I, title I, § 1002(b), Jan. 17, 2014, 128 Stat. 424 (g) Effect on existing law (1) In general 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 Sec- retary 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 re- pealed section 1921 of this title. Section is from the Legislative Branch Appropria- tions Act, 2003, which is div. H of Pub. L. 108–7. AMENDMENTS 2014—Pub. L. 113–76 struck out subsec. (f) which es- tablished a worker’s compensation account for the Cap- itol 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.’’ § 1907a. Authority to transfer amounts between salaries and general expenses During fiscal year 2014 and any succeeding fis- cal year, the Capitol Police may transfer amounts appropriated for the fiscal year be- tween the category for salaries and the category for general expenses, upon the approval of the Committees on Appropriations of the House of Representatives and Senate. (Pub. L. 113–76, div. I, title I, § 1001, Jan. 17, 2014, 128 Stat. 424.) § 1907b. Funds available for workers compensa- tion payments Available balances of expired United States Capitol Police appropriations shall be available to the Capitol Police to make the deposit to the credit of the Employees’ Compensation Fund re- quired by section 8147(b) of title 5. (Pub. L. 113–76, div. I, title I, § 1002(a), Jan. 17, 2014, 128 Stat. 424.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable with respect to appropriations for fiscal year 2014 and each fiscal year thereafter, see sec- tion 1002(c) of Pub. L. 113–76, set out as an Effective Date of 2014 Amendment note under section 1907 of this title. § 1908. Legal representation authority (a) In general (1) Authorization of representation Any counsel described under paragraph (2) may for the purposes of providing legal assist- ance and representation to the United States Capitol Police Board or the United States Cap- itol Police enter an appearance in any pro- ceeding before any court of the United States or of any State or political subdivision there- of, 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 Po- lice and the United States Capitol Police; (B) the Employment Counsel to the Chief of Police and the United States Capitol Po- lice; (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 em- ployed by, any successor office of either of- fice 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.