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Title 2 — The Congress

Part A · Chapter 29 — Capitol Police

§ 1908. Legal representation authority

Statutory text

(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.

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. Pub. L. 108–83 title I § 1002 · 117 Stat. 1007

    Enacted · 2 U.S.C. § 1908

    Pub. L. 108–83, title I, § 1002, Sept. 30, 2003, 117 Stat. 1020

    Source evidence

    Code source credit
    Pub. L. 108–83, title I, § 1002, Sept. 30, 2003, 117 Stat. 1020

    Enacted provision · exact public law section
    Sec. 1002. Legal Representation Authority. (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 for the  United States Capitol Police Board and the Chief of the Capitol Police; (B) the Employment Counsel for the United States Capitol Police Board 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.

  2. United States Capitol Police Administrative Technical Corrections Act of 2009

    Pub. L. 111–145 § 3(b)(1) · 124 Stat. 49

    Substituted · 2 U.S.C. § 1908(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (1) In general.— Section 1002(a)(2)(A) of the Legislative Branch Appropriations Act, 2004 (2 U.S.C. 1908(a)(2)(A)) is amended by striking “the General Counsel for the United States Capitol Police Board and the Chief of the Capitol Police” and inserting “the General Counsel to the Chief of Police and the United States Capitol Police”.

  3. United States Capitol Police Administrative Technical Corrections Act of 2009

    Pub. L. 111–145 § 4(a)(1) · 124 Stat. 49

    Substituted · 2 U.S.C. § 1908(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 and the United States Capitol Police”

    Source evidence

    Code amendment note
    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 and the United States Capitol Police”.

    Enacted provision · exact public law section
    (1) In general.— Section 1002(a)(2)(B) of the Legislative Branch Appropriations Act, 2004 (2 U.S.C. 1908(a)(2)(B)) is amended by striking “the Employment Counsel for the United States Capitol Police Board and the United States Capitol Police” and inserting “the Employment Counsel to the Chief of Police and the United States Capitol Police”.

3 of 3 references resolved to an enrolled provision

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 and the United States Capitol Police”.

Statutory Notes and Related Subsidiaries

Construction of 2010 Amendment

Pub. L. 111–145, § 3(b)(2), , 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 [].”

Pub. L. 111–145, § 4(a)(2), , 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 [].”

Pub. L. 111–145, § 4(b), , 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 [].”

Credits

2003–2010 · 2 acts
  1. 2003Pub. L. 108–83, title I, § 1002, , 117 Stat. 1020
  2. 2010Pub. L. 111–145, §§ 3(b)(1), 4(a)(1), , 124 Stat. 52.
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(Pub. L. 108–83, title I, § 1002, , 117 Stat. 1020; Pub. L. 111–145, §§ 3(b)(1), 4(a)(1), , 124 Stat. 52.)

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