[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 5972 Referred in Senate (RFS)]
2d Session
H. R. 5972
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 5, 2008
Received; read twice and referred to the Committee on Rules and
Administration
_______________________________________________________________________
AN ACT
To make technical corrections to the laws affecting certain
administrative authorities of the United States Capitol Police, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Capitol Police
Administrative Technical Corrections Act of 2008''.
SEC. 2. ADMINISTRATIVE AUTHORITIES OF THE CHIEF OF THE CAPITOL POLICE.
(a) Clarification of Certain Hiring Authorities.--
(1) Chief administrative officer.--Section 108(a) of the
Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1903(a))
is amended to read as follows:
``(a) Chief Administrative Officer.--
``(1) Establishment.--There shall be within the Capitol
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 appointed by the Chief of the Capitol Police, after
consultation with the Capitol Police Board.
``(3) Compensation.--The annual rate of pay for the Chief
Administrative 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.''.
(2) Personnel of office of administration.--Section
108(c)(1) of the Legislative Branch Appropriations Act, 2001 (2
U.S.C. 1903(c)(1)) is amended--
(A) by striking ``The Chief Administrative
Officer'' and inserting ``The Chief of the Capitol
Police''; and
(B) by striking ``but shall not'' and all that
follows and inserting a period.
(3) Certifying officers.--Section 107 of the Legislative
Branch Appropriations Act, 2001 (2 U.S.C. 1904) is amended--
(A) in subsection (a), by striking ``the Capitol
Police Board'' and inserting ``the Chief of the Capitol
Police''; and
(B) in subsection (b)(1), by striking ``the Capitol
Police Board'' and inserting ``the Chief of the Capitol
Police''.
(4) Repeal of committee approval for appointments,
terminations, and promotions.--Section 1018(e)(1)(B) of the
Legislative Branch Appropriations Act, 2003 (2 U.S.C.
1907(e)(1)(B)) is amended to read as follows:
``(B) Special rules for certain actions.--
``(i) Prior notice required for
appointments, terminations, and promotions.--In
carrying out the authority under this
paragraph, the Chief of the Capitol Police may
carry out any of the following actions only
after providing notice to the Committee on
House Administration of the House of
Representatives and the Committee on Rules and
Administration of the Senate and receiving an
acknowledgment from each such Committee that
the Committee has received the notice:
``(I) The appointment or
termination of any officer, member, or
employee.
``(II) The promotion of any
noncivilian officer, member, or
employee to any rank higher than
Private First Class or the promotion of
any civilian employee to any position.
``(ii) Approval required for establishment
of new positions, reclassification of
positions, and reorganization plans.--The
establishment by the Chief of the Capitol
Police of any new position for officers,
members, or employees of the Capitol Police,
the reclassification by the Chief of any
position for officers, members, or employees of
the Capitol Police, and any reorganization plan
for the Capitol Police shall be subject to the
approval of the Committees referred to in
clause (i).''.
(5) Conforming application of congressional accountability
act of 1995.--
(A) In general.--Section 101(9)(D) of the
Congressional Accountability Act of 1995 (2 U.S.C.
1301(9)(D)) is amended by striking ``the Capitol Police
Board,'' and inserting ``the United States Capitol
Police,''.
(B) No effect on current proceedings.--Nothing in
the amendment made by subparagraph (A) may be construed
to affect any procedure initiated under title IV of the
Congressional Accountability Act of 1995 prior to the
date of the enactment of this Act.
(6) No effect on current personnel.--Nothing in the
amendments made by this subsection may be construed to affect
the status of any individual serving as an officer or employee
of the United States Capitol Police as of the date of the
enactment of this Act.
(b) Deposit of Reimbursements for Law Enforcement Assistance.--
(1) In general.--Section 2802 of the Supplemental
Appropriations Act, 2001 (2 U.S.C. 1905) is amended--
(A) in subsection (a)(1), by striking ``Capitol
Police Board'' each place it appears and inserting
``United States Capitol Police''; and
(B) in subsection (a)(2), by striking ``Capitol
Police Board'' and inserting ``Chief of the United
States Capitol Police''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect as if included in the enactment of the
Supplemental Appropriations Act, 2001.
(c) Authority to Seek Waivers for Claims to Recover Erroneous
Payments.--
(1) In general.--Section 1018(a)(2) of the Legislative
Branch Appropriations Act, 2003 (2 U.S.C. 1907(a)(2)) is
amended to read as follows:
``(2) Transfer.--
``(A) In general.--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.
``(B) Authority to seek waivers for claims to
recover erroneous payments.--In the case of the
authority to waive a claim of the United States against
a person arising out of an erroneous payment of any pay
or allowances to an officer or employee of the Capitol
Police--
``(i) the Chief of the Capitol Police shall
exercise such authority in the same manner as
the Secretary of the Senate under section 2 of
the Act entitled `An Act to authorize the
waiver of claims of the United States arising
out of erroneous payments of pay and allowances
to certain officers and employees of the
legislative branch', approved July 25, 1974 (2
U.S.C. 130c);
``(ii) an application for a waiver of such
a claim shall be investigated by the Chief
Administrative Officer of the Capitol Police,
who shall submit a written report of the
investigation to the Chief; and
``(iii) an application for a waiver of such
a claim in an amount aggregating more than
$1,500 may also be investigated by the
Comptroller General, who shall submit a written
report of the investigation to the Chief.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply as if included in the enactment of the Legislative
Branch Appropriations Act, 2003, except that nothing in the
amendment may be construed to affect the validity of any waiver
granted prior to the date of the enactment of this Act with
respect to a claim of the United States against a person
arising out of an erroneous payment of any pay or allowances to
an officer or employee of the United States Capitol Police.
(d) Modification of Authority to Make Advance Payments for
Subscription Services.--
(1) In general.--Section 1002 of the Legislative Branch
Appropriations Act, 2008 (Public Law 110--161) is amended--
(A) by striking ``fiscal year 2008 and each
succeeding fiscal year'' and inserting ``each of the
fiscal years 2008 through 2012''; and
(B) by inserting after ``the Senate,'' the
following: ``the Committee on House Administration of
the House of Representatives, and the Committee on
Rules and Administration of the Senate,''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect as if included in the enactment of the
Legislative Branch Appropriations Act, 2008.
(e) Prior Notice to Authorizing Committees of Deployment Outside
Jurisdiction.--Section 1007(a)(1) of the Legislative Branch
Appropriations Act, 2005 (2 U.S.C. 1978(a)(1)) is amended by striking
``prior notification to'' and inserting the following: ``prior
notification to the Committee on House Administration of the House of
Representatives, the Committee on Rules and Administration of the
Senate, and''.
SEC. 3. GENERAL COUNSEL TO THE CHIEF OF POLICE AND THE UNITED STATES
CAPITOL POLICE.
(a) Appointment and Service.--
(1) In general.--There shall be within the United States
Capitol Police the General Counsel to the Chief of Police and
the United States Capitol Police (hereafter in this subsection
referred to as the ``General Counsel'').
(2) Appointment.--The General Counsel shall be appointed by
the Chief of the Capitol Police in accordance with section
1018(e)(1)(B)(i) of the Legislative Branch Appropriations Act,
2003 (2 U.S.C. 1907(e)(1)(B)(i)) (as amended by section
2(a)(4)), without regard to political affiliation and solely on
the basis of fitness to perform the duties of the position.
(3) Compensation.--The annual rate of pay for the General
Counsel shall be the amount equal to $1,000 less than the
annual rate of pay in effect for the Chief of the Capitol
Police.
(4) Conforming amendment.--House Resolution 661, Ninety-
fifth Congress, agreed to July 29, 1977, as enacted into
permanent law by section 111 of the Legislative Branch
Appropriation Act, 1979 (2 U.S.C. 1901 note) is repealed.
(5) No effect on current general counsel.--Nothing in this
subsection or the amendments made by this subsection may be
construed to affect the status of the individual serving as the
General Counsel to the Chief of Police and the United States
Capitol Police as of the date of the enactment of this Act.
(b) Conforming Amendment to Legal Representation Authority.--
(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''.
(2) No effect on current proceedings.--Nothing in the
amendment made by paragraph (1) 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.
SEC. 4. CLARIFICATION OF AUTHORITIES REGARDING CERTAIN PERSONNEL
BENEFITS.
(a) No Lump Sum Payment Permitted for Unused Compensatory Time.--
(1) In general.--No officer or employee of the United
States Capitol Police whose service with the United States
Capitol Police is terminated may receive any lump-sum payment
with respect to accrued compensatory time off, except to the
extent permitted under section 203(c)(4) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1313(c)(4)).
(2) Repeal of related obsolete provisions.--(A) Section 3
of House Resolution 449, Ninety-second Congress, agreed to June
2, 1971, as enacted into permanent law by chapter IV of the
Supplemental Appropriations Act, 1972 (85 Stat. 636) (2 U.S.C.
1924), together with any other provision of law which relates
to compensatory time for the Capitol Police which is codified
at section 1924 of title 2, United States Code (2000 Editions,
Supp. V), is hereby repealed.
(B) The last full paragraph under the heading
``Administrative Provisions'' in the appropriation for the
Senate in the Legislative Branch Appropriations Act, 1972 (85
Stat. 130) (2 U.S.C. 1925) is hereby repealed.
(b) Overtime Compensation for Officers and Employees Exempt From
Fair Labor Standards Act of 1938.--
(1) Criteria under which compensation permitted.--The Chief
of the Capitol Police may provide for the compensation of
overtime work of exempt individuals which is performed on or
after the date of the enactment of this Act, in the form of
additional pay or compensatory time off, only if--
(A) the overtime work is carried out in connection
with special circumstances, as determined by the Chief;
(B) the Chief has established a monetary value for
the overtime work performed by such individual; and
(C) the sum of the total amount of the compensation
paid to the individual for the overtime work (as
determined on the basis of the monetary value
established under subparagraph (B)) and the total
regular compensation paid to the individual with
respect to the pay period involved may not exceed an
amount equal to the cap on the aggregate amount of
annual compensation that may be paid to the individual
under applicable law during the year in which the pay
period occurs, as allocated on a per pay period basis
consistent with premium pay regulations of the Capitol
Police Board.
(2) Exempt individuals defined.--In this subsection, an
``exempt individual'' is an officer or employee of the United
States Capitol Police--
(A) who is classified under regulations issued
pursuant to section 203 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1313) as exempt
from the application of the rights and protections
established by subsections (a)(1) and (d) of section 6,
section 7, and section 12(c) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206 (a)(1) and (d),
207, 212(c)); or
(B) whose annual rate of pay is not established
specifically under any law.
(3) Conforming amendment.--
(A) In general.--Section 1009 of the Legislative
Branch Appropriations Act, 2003 (Public Law 108--7; 117
Stat. 359) is repealed.
(B) Effective date.--The amendment made by
subparagraph (A) shall take effect as if included in
the enactment of the Legislative Branch Appropriations
Act, 2003, except that the amendment shall not apply
with respect to any overtime work performed prior to
the date of the enactment of this Act.
(c) Authority to Suspend Employees for Appropriate Reasons.--
(1) In general.--Section 1018(e)(1)(A) of the Legislative
Branch Appropriations Act, 2003 (2 U.S.C. 1907(e)(1)(A)) is
amended by inserting ``suspend with or without pay,'' after
``hire,''.
(2) Repeal of related obsolete provisions.--(A) Section
1823 of the Revised Statutes of the United States (2 U.S.C.
1928) is hereby repealed.
(B) The proviso in the Act of Mar. 3, 1875 (ch. 129; 18
Stat. 345.), popularly known as the ``Legislature, Executive,
and Judicial Appropriation Act, fiscal year 1876'', which is
codified at section 1929 of title 2, United States Code (2000
Editions, Supp. V), is repealed.
SEC. 5. OTHER MISCELLANEOUS TECHNICAL CORRECTIONS.
(a) Repeal of Obsolete Procedures for Initial Appointment of Chief
Administrative Officer.--Section 108 of the Legislative Branch
Appropriations Act, 2001 (2 U.S.C. 1903) is amended by striking
subsections (d) through (g).
(b) Repeal of Requirement That Officers Purchase Own Uniforms.--
Section 1825 of the Revised Statutes of the United States (2 U.S.C.
1943) is repealed.
(c) Repeal of References to Officers and Privates in Authorities
Relating to House and Senate Office Buildings.--
(1) House office buildings.--The item relating to ``House
of Representatives Office Building'' in the Act entitled ``An
Act making appropriations for sundry civil expenses of the
Government for the fiscal year ending June thirtieth, nineteen
hundred and eight, and for other purposes'', approved March 4,
1907 (34 Stat. 1365; 2 U.S.C. 2001), is amended by striking
``other than officers and privates of the Capitol police'' each
place it appears and inserting ``other than the United States
Capitol Police''.
(2) Senate office buildings.--The item relating to ``Senate
Office Building'' in the Legislative Branch Appropriation Act,
1943 (56 Stat. 343; 2 U.S.C. 2023) is amended by striking
``other than for officers and privates of the Capitol Police''
each place it appears and inserting ``other than for the United
States Capitol Police''.
(d) Clarification of Applicability of U.S. Capitol Police and
Library of Congress Police Merger Implementation Act of 2007.--
(1) Repeal of duplicate provisions.--Effective as if
included in the enactment of the Legislative Branch
Appropriations Act, 2008 (Public Law 110--161), section 1004 of
such Act is repealed, and any provision of law amended or
repealed by such section is restored or revived to read as if
such section had not been enacted into law.
(2) No effect on other act.--Nothing in paragraph (1) may
be construed to prevent the enactment or implementation of any
provision of the U.S. Capitol Police and Library of Congress
Police Merger Implementation Act of 2007 (Public Law 110--178),
including any provision of such Act that amends or repeals a
provision of law which is restored or revived pursuant to
paragraph (1).
(e) Authority of Chief of Police.--
(1) Repeal of certain provisions codified in title 2,
united states code.--The provisions appearing in the first
paragraph under the heading ``Capitol Police'' in the Act of
April 28, 1902 (ch. 594, 32 Stat. 124), and the provisions
appearing in the first paragraph under the heading ``Capitol
Police'' in title I of the Legislative and Judiciary
Appropriation Act, 1944 (ch. 173, 57 Stat. 230), insofar as all
of those provisions are related to the sentence ``The captain
and lieutenants shall be selected jointly by the Sergeant at
Arms of the Senate and the Sergeant at Arms of the House of
Representatives; and one-half of the privates shall be selected
by the Sergeant at Arms of the Senate and one-half by the
Sergeant at Arms of the House of Representatives.'', which
appears in 2 U.S.C. 1901 (2000 Edition, Supp. V), are repealed.
(2) Restoration of repealed provision.--Section 1018(h)(1)
of the Legislative Branch Appropriations Act, 2003 (Public Law
108-7, div. H, title I, 117 Stat. 368) is repealed, and the
sentence ``The Capitol Police shall be headed by a Chief who
shall be appointed by the Capitol Police Board and shall serve
at the pleasure of the Board.'', which was repealed by such
section, is restored to appear at the end of section 1821 of
the Revised Statutes of the United States (2 U.S.C. 1901).
(3) Conforming amendment.--The first sentence of section
1821 of the Revised Statutes of the United States (2 U.S.C.
1901) is amended by striking ``, the members of which shall be
appointed by the Sergeants-at-Arms of the two Houses and the
Architect of the Capitol Extension''.
(4) Effective date.--The amendments made by this subsection
shall take effect as if included in the enactment of the
Legislative Branch Appropriations Act, 2003.
Passed the House of Representatives June 4, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.