[Congressional Bills 110th Congress]
[From the U.S. Government Publishing 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.