[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3531 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 3531
To authorize appropriations for salaries and expenses of the United
States Capitol Police, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 19, 2001
Mr. Hoyer introduced the following bill; which was referred to the
Committee on House Administration
_______________________________________________________________________
A BILL
To authorize appropriations for salaries and expenses 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
Authorization Act of 2001''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR SALARIES AND EXPENSES OF
UNITED STATES CAPITOL POLICE.
(a) In General.--There are authorized to be appropriated for the
salaries and expenses of the United States Capitol Police such sums as
may be necessary for fiscal year 2002 and each succeeding fiscal year
(consistent with the number of positions set forth in subsection (b)).
(b) Number of Authorized Positions.--Effective with respect to
fiscal year 2002 and each fiscal year thereafter, the total number of
full-time equivalent positions of the United States Capitol Police
(including positions for members of the Capitol Police and civilian
employees) may not exceed 1,981 positions.
SEC. 3. RATES OF BASIC PAY FOR OFFICERS AND MEMBERS OF THE CAPITOL
POLICE.
(a) Adjustment of Rates to Levels Applicable to Uniformed Secret
Service and Park Police.--
(1) In general.--Effective with respect to the first pay
period beginning after the date of the enactment of this Act,
the Capitol Police Board shall adjust the annual rates of basic
compensation for officers and members of the United States
Capitol Police so that such rates are the same as the annual
rates of basic compensation applicable during such pay period
for officers and members of the United States Secret Service
Uniformed Division and the United States Park Police serving in
corresponding or similar classes, except as provided in
paragraph (2).
(2) No decrease in rates permitted.--Paragraph (1) shall
not apply with respect to any rate of basic compensation for an
officer or member of the United States Capitol Police for the
pay period described in paragraph (1) which is greater than the
rate of basic compensation for such pay period applicable to an
officer or member of the United States Secret Service Uniformed
Division or the United States Park Police serving in a
corresponding or similar class.
(b) Providing Same Annual Adjustment in Rates Provided for
Uniformed Secret Service and Park Police.--
(1) In general.--Effective at the beginning of the first
applicable pay period commencing on or after the first day of
the month in which an adjustment takes effect under section
5303 of title 5, United States Code, (or any subsequent similar
provision of law) in the rates of pay under the General
Schedule (or any pay system that may supersede such schedule),
the annual rates of basic compensation of officers and members
of the United States Capitol Police shall be adjusted by the
Capitol Police Board by an amount equal to the percentage of
such annual rate of pay which corresponds to the overall
percentage of the adjustment made in the rates of pay under the
General Schedule, except that in no case may the annual rate of
basic compensation for any such officer or member exceed the
rate of basic pay payable for level IV of the Executive
Schedule contained in subchapter II of chapter 53 of title 5,
United States Code.
(2) Availability of appropriations.--Any adjustment under
this subsection shall be subject to the availability of
appropriations. If appropriations are not available to make an
adjustment as provided under paragraph (1), the Capitol Police
Board shall make that adjustment on the first day of the first
applicable pay period beginning on or after the date on which
appropriations are made available.
(c) Applicable Rate of Pay Upon Appointment.--Notwithstanding any
other provision of law, the annual rate of basic compensation payable
to an individual upon appointment to a position as an officer or member
of the United States Capitol Police shall be determined by the Capitol
Police Board in accordance with regulations promulgated by the Board
and approved by the Committee on Rules and Administration of the Senate
and the Committee on House Administration of the House of
Representatives, except that in no case may such a rate be less than
the minimum, or greater than the maximum, annual rate of basic
compensation otherwise applicable to the position.
SEC. 4. DEPOSIT AND EXPENDITURE OF CERTAIN FUNDS RELATING TO THE
CAPITOL POLICE.
(a) In General.--
(1) Disposal of property.--Any funds from the proceeds of
the disposal of property of the Capitol Police shall be
deposited in the United States Treasury for credit to the
appropriation for ``general expenses'' under the heading
``Capitol Police Board'', or ``security enhancements'' under
the heading ``Capitol Police Board''.
(2) Compensation.--Any funds for compensation for damage
to, or loss of, property of the Capitol Police, including any
insurance payment or payment made by an officer or civilian
employee of the Capitol Police for such compensation, shall be
deposited in the United States Treasury for credit to the
appropriation for ``general expenses'' under the heading
``Capitol Police Board''.
(3) Expenditures.--Funds deposited under this subsection
may be expended by the Capitol Police Board for any authorized
purpose and shall remain available until expended.
(4) Effective date.--This subsection shall apply with
respect to fiscal year 2002 and each succeeding fiscal year.
(b) Incentive, Performance, and Specialty Skills Expenditures.--
(1) In general.--The Capitol Police Board may expend funds
from the appropriation ``salaries'' under the heading ``Capitol
Police Board'' for--
(A) an incentive and performance monetary award
program established by the Capitol Police Board for
officers or civilian employees of the Capitol Police;
and
(B) specialty skills pay for field training
officers not to exceed $2,000 a year per officer.
(2) Monetary award program.--Any payment of a monetary
award under the program established under paragraph (1)(A)--
(A) shall be made at the same time and in the same
manner as annual compensation is disbursed for the
officer or civilian employee;
(B) in any pay period for any officer or civilian
employee may not result in the sum of compensation for
that period and the award payment exceeding--
(i) in the case of an officer or civilian
employee to whom subsection (f) of section 105
of the Legislative Branch Appropriation Act,
1968 (2 U.S.C. 61-1(f)) applies, the amount
equal to \1/24\th of the annual maximum gross
compensation limitation under that subsection;
or
(ii) in the case of an officer or civilian
employee to whom subsection (d) of section 311
of the Legislative Branch Appropriations Act,
1988 (2 U.S.C. 60a-2a) applies, the amount
equal to \1/26\th of the annual maximum
limitation in pay adjusted under that
subsection;
(C) shall not be basic pay of an employee for
purposes of chapters 83 and 84 of title 5, United
States Code (relating to retirement) and chapter 87 of
such title (relating to life insurance coverage);
(D) shall not be premium or overtime pay;
(E) shall not be included in Federal wages for
purposes of chapter 85 of such title (relating to
unemployment compensation); and
(F) shall be paid from the appropriation or fund
used to pay the officer or civilian employee.
SEC. 5. PERMITTING CAPITOL POLICE BOARD TO LEASE FACILITIES AND
PROPERTY FOR USE OF CAPITOL POLICE.
(a) In General.--The Capitol Police Board may at any time after the
date of the enactment of this Act enter into agreements to lease
facilities and property for the use of the United States Capitol
Police, 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.
(b) Acquisition of Interim Training Facility.--
(1) In general.--Pursuant to the authority provided under
subsection (a), the Capitol Police Board may take such steps as
it considers appropriate to secure the use of an interim
facility for training for the Capitol Police pending the
completion of the permanent law enforcement training facility
in Cheltenham, Maryland.
(2) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection.
(c) Assistance of Architect of the Capitol.--At the request of the
Capitol Police Board, the Architect of the Capitol shall provide such
assistance to the Capitol Police Board in entering into lease
agreements pursuant to this section (a) as the Board may require,
including assistance in negotiating the terms of such agreements.
SEC. 6. USE OF CERTAIN PROPERTY FOR VEHICLE MAINTENANCE FOR CAPITOL
POLICE.
(a) In General.--Notwithstanding any other provision of law, the
property referred to in subsection (d) shall be under the control of
the Chief of the United States Capitol Police and shall be used by the
Chief for the care and maintenance of vehicles of the United States
Capitol Police, in accordance with a plan prepared by the Chief.
(b) Additional Uses Permitted.--In addition to the use described in
subsection (a), the Chief of the United States Capitol Police may
permit the property referred to in subsection (d) to be used for other
purposes by the United States Capitol Police, the House of
Representatives, the Senate, and the Architect of the Capitol, subject
to--
(1) the approval of the Committee on House Administration
of the House of Representatives, in the case of use by the
House of Representatives;
(2) the approval of the Committee on Rules and
Administration of the Senate, in the case of use by the Senate;
or
(3) the approval of both the Committee on House
Administration of the House of Representatives and the
Committee on Rules and Administration of the Senate, in the
case of use by the United States Capitol Police or the
Architect of the Capitol.
(c) Occupational Safety and Health.--The Chief of the United States
Capitol Police shall take such actions as may be necessary to ensure
that, in using the property referred to in subsection (d), the United
States Capitol Police are in compliance with the provisions of section
5 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 654), as
applied to the United States Capitol Police pursuant to section 215 of
the Congressional Accountability Act of 1995 (2 U.S.C. 1341).
(d) Property Described.--The property referred to in this
subsection is the property secured by the Architect of the Capitol
pursuant to section 128 of the Legislative Branch Appropriations Act,
2002 (Public Law 107-68).
SEC. 7. DISPOSAL OF FIREARMS.
The disposal of firearms by officers and members of the United
States Capitol Police shall be carried out in accordance with
regulations promulgated by the Capitol Police Board and approved by the
Committee on Rules and Administration of the Senate and the Committee
on House Administration of the House of Representatives.
SEC. 8. AUTHORIZATION TO CARRY OUT PROJECTS IN RESPONSE TO EMERGENCY.
(a) In General.--
(1) Authorization.--There are authorized to be appropriated
to the Capitol Police Board from the Emergency Response Fund
established by Public Law 107-38 such sums as may be necessary
to enable the United States Capitol Police to carry out the
following:
(A) Immediate actions to safeguard people.
(B) Actions to reduce threats.
(C) Actions to ensure the continuation of
government and its operations.
(D) Recovery and preparedness.
(2) Requiring approval for obligation.--The Capitol Police
Board may not obligate any amounts authorized to be
appropriated pursuant to paragraph (1) without--
(A) the approval of the Committee on House
Administration of the House of Representatives, in the
case of amounts to be obligated to carry out activities
on behalf of the House of Representatives;
(B) the approval of the Committee on Rules and
Administration of the Senate, in the case of amounts to
be obligated to carry out activities on behalf of the
Senate; or
(C) the approval of both the Committee on House
Administration of the House of Representatives and the
Committee on Rules and Administration of the Senate, in
the case of amounts to be obligated to carry out any
other activities.
(b) Permitting Acceptance of Donated Support Items and Services
During Emergencies.--Notwithstanding any other provision of law, at any
time after the date of the enactment of this Act the Capitol Police
Board may accept contributions of recreational, comfort, and other
incidental items and services to support officers and employees of the
United States Capitol Police while such officers and employees are on
duty in response to emergencies involving the safety of human life or
the protection of property.
SEC. 9. CLARIFICATION OF AUTHORITY OF CAPITOL POLICE TO POLICE BOTANIC
GARDEN.
(a) In General.--Section 9 of the Act of July 31, 1946 (40 U.S.C.
212a) is amended by adding at the end the following new subsection:
``(c)(1) For purposes of this section, `the United States Capitol
Buildings and Grounds' shall include all buildings and grounds of the
United States Botanic Garden, including the National Garden and
Bartholdi Park.
``(2) For purposes of this section, the Joint Committee on the
Library may suspend the application of section 4 of this Act to the
buildings and grounds described in paragraph (1) in order to promote
the interests of the United States Botanic Garden.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to fiscal year 2002 and each succeeding fiscal year.
SEC. 10. USE OF VEHICLES TO TRANSPORT POLICE DOGS.
Notwithstanding any other provision of law, an officer of the
United States Capitol Police who works with a police dog and who is
responsible for the care of the dog during non-working hours may use an
official Capitol Police vehicle to travel between the officer's
residence and duty station when the officer is accompanied by the dog.
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