Short Title

This Act may be cited as the

United States Capitol Police Administrative Technical Corrections Act of 2008

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.

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.

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.

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.