[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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