§ 1907. Transfer of disbursing function

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2003

   Legislative Branch Appropriations Act, 2003

   Pub. L. 108–7 div. H title I § 1018 · 117 Stat. 11

   Enacted · 2 U.S.C. § 1907

   Pub. L. 108–7, div. H, title I, § 1018, Feb. 20, 2003, 117 Stat. 366

   Source evidence

   Code source credit
   Pub. L. 108–7, div. H, title I, § 1018, Feb. 20, 2003, 117 Stat. 366

   Enacted provision · exact public law section
   Sec. 1018. 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 the date of enactment of this section 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 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 the date of enactment of this Act 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.— Subject to subparagraph (B), the Chief of the Capitol Police, in carrying out the duties of office, is authorized to appoint, hire, 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) Review and approval.— In carrying out the authority under this paragraph, the Chief of the Capitol Police shall be subject to the following requirements: (i) The appointment and termination of any officer, member, or employee shall be subject to the approval of the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate. (ii) The promotion of any noncivilian officer, member, or employee to any rank higher than Private First Class, and the promotion of any civilian employee to any position, shall be subject to the approval of the Committees referred to in clause (i). (iii) The establishment of any new position for officers, members, or employees shall be subject to the approval of the Committees referred to in clause (i). (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 the date of enactment of this Act 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) Worker’s Compensation.— (1) Account.— There shall be established a separate account in the Capitol Police for purposes of making payments for employees of the Capitol Police under section 8147 of title 5, United States Code. (2) Payments without fiscal year limitation.— Notwithstanding any other provision of law, payments may be made from the account established under paragraph (1) of this subsection without regard to the fiscal year for which the obligation to make such payments is incurred. (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 Secretary of the Senate before the date of enactment of this Act. (2) Superseding provisions.— All provisions of law inconsistent with this section are hereby superseded to the extent of the inconsistency. (h) Conforming Amendments.— (1) Section 1821 of the Revised Statutes of the United States (2 U.S.C. 1901) is amended by striking the third sentence. (2) Section 1822 of the Revised Statutes of the United States (2 U.S.C. 1921) is repealed. (3) Section 111 of title I of the Act entitled “Making supplemental appropriations for the fiscal year ending September 30, 1977, and for other purposes”, approved May 4, 1977 (2 U.S.C. 64–3), is amended— (A) by striking “Secretary of the Senate” and inserting “Chief of the Capitol Police”; and (B) by striking “United States Senate” and inserting “Capitol Police”. (i) Effective Date.— This Applicability. section and the amendments made by this section shall take effect on the date of enactment of this Act and shall apply to fiscal year 2003 and each fiscal year thereafter.

2. 2010

   United States Capitol Police Administrative Technical Corrections Act of 2009

   Pub. L. 111–145 § 2(a)(4)(A) · 124 Stat. 49

   1. Added · 2 U.S.C. § 1907(e)(1)

      Pub. L. 111–145 added par. (1)

   2. Struck · 2 U.S.C. § 1907(e)(1)

      Pub. L. 111–145 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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (A) In general.— Section 1018(e) of the Legislative Branch Appropriations Act, 2003 (2 U.S.C. 1907(e)) is amended by striking paragraph (1) and inserting the following: “(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 Notice. Time period. 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.” .

3. 2014

   Legislative Branch Appropriations Act, 2014

   Pub. L. 113–76 div. I title I § 1002(b) · 128 Stat. 5

   Struck · 2 U.S.C. § 1907

   Pub. L. 113–76 struck out subsec. (f) which established a worker’s compensation account for the Capitol Police

   Source evidence

   Code amendment note
   Pub. L. 113–76 struck out subsec. (f) which established a worker’s compensation account for the Capitol Police.

   Enacted provision · exact public law section
   (b) Conforming Amendment.— Section 1018 of the Legislative Branch Appropriations Act, 2003 (2 U.S.C. 1907) is amended by striking subsection (f).

   Effective date note
   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.”

4 of 4 references resolved to an enrolled provision