II 110th CONGRESS 2d Session S. 3391 IN THE SENATE OF THE UNITED STATES July 31, 2008 Mrs. Feinstein (for herself and Mr. Bennett) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To make technical corrections to the laws affecting certain administrative authorities of the United States Capitol Police, and for other purposes.

1.

Short Title

This Act may be cited as the United States Capitol Police Administrative Technical Corrections Act of 2008.

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)

Administrative provisions

Section 108 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1903) is amended by striking subsection (c). (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)

Personnel Actions of the Chief of the Capitol Police

(A)Section 1018(e) of the Legislative Branch Appropriations Act, 2003 (2 U.S.C. 1907(e)) is amended by striking paragraph (1) and inserting the following: (1)

Authority

The Chief of the Capitol Police, in carrying out the duties of office, with the concurrence of the Capitol Police Board, is authorized to appoint, hire, suspend with or without pay, discipline, discharge and set the terms, conditions, and privileges of employment of employees of the Capitol Police, subject to and in accordance with applicable laws and regulations. . (B)(i)Section 1823 of the Revised Statutes of the United States (2 U.S.C. 1928) is hereby repealed. (ii)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. (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)

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.

3.

General Counsel to the Chief of Police and the United States Capitol Police

(a)

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. (b)

Technical and 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. (c)

No effect on current General Counsel

Nothing in this section or the amendments made by this section 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.

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.

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.