[Congressional Record Volume 154, Number 91 (Wednesday, June 4, 2008)]
[House]
[Pages H4901-H4903]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1215
 UNITED STATES CAPITOL POLICE ADMINISTRATIVE TECHNICAL CORRECTIONS ACT 
                                OF 2008

  Mr. BRADY of Pennsylvania. Mr. Speaker, I move to suspend the rules 
and pass the bill (H.R. 5972) to make technical corrections to the laws 
affecting certain administrative authorities of the United States 
Capitol Police, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5972

       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.

[[Page H4902]]

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania (Mr. Brady) and the gentleman from Michigan (Mr. Ehlers) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania.


                             General Leave

  Mr. BRADY of Pennsylvania. I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?

[[Page H4903]]

  There was no objection.
  Mr. BRADY of Pennsylvania. Mr. Speaker, I yield myself such time as I 
may consume.
  I am pleased to present the United States Capitol Police 
Administrative Technical Corrections Act of 2008. As its title 
suggests, H.R. 5972 is not intended to make substantive policy changes 
for the Capitol Police. It corrects drafting errors, modernizes 
outdated terms, and repeals redundant and inconsistent provisions 
already on the books.
  My favorite correction is a long overdue repeal of the 1868 law 
requiring Capitol Police officers to buy their uniforms. Congress 
decided years ago to provide their uniforms, but has never repealed the 
1868 law. Chief Phillip Morse requested most of these corrections, the 
committee found others, and we included several excellent suggestions 
offered by the gentleman from Michigan (Mr. Ehlers). Again, it was a 
pleasure to work with him and his staff, as always.
  The bill has the support of Chief Morse and our House Sergeant-at-
Arms, Wilson Livingood, and I urge an ``aye'' vote.
  I reserve the balance of my time.
  Mr. EHLERS. Mr. Speaker, I rise today in support of H.R. 5972. While 
I would have preferred that we would have addressed these items in 
regular order, I am pleased that the proposed technical corrections in 
this bill will create a stronger operational framework for the Capitol 
Police. As often happens when language is tied to an appropriations 
bill in a hasty fashion, several requirements in the original 
legislation governing Capitol Police operations proved problematic 
under greater scrutiny and further use. This bill will bring clarity to 
the administration of the U.S. Capitol Police and will eliminate those 
provisions which are in conflict with one another or are antiquated and 
therefore unnecessary.
  I would also point out that this illustrates the importance of the 
appropriations subcommittees to work together with the authorizing 
committees, because virtually all the problems that have arisen in the 
past in this area resulted from a lack of cooperation between the 
authorizing and appropriating committees.
  The changes specified in this bill will also establish a transparent 
and decisive governance framework and create a clear reporting 
structure within the U.S. Capitol Police. The clarified language 
provides the Chief of the Capitol Police with explicit authority to 
perform all hiring and termination actions, which will assist the U.S. 
Capitol Police's legal staff in executing its duties regarding 
personnel matters.
  This bill also clarifies that the Capitol Police must notify this 
committee, as well as the Senate Rules and Administration Committee, of 
substantive administrative and operational actions, such as notices of 
personnel actions or deployment of personnel outside of the Capitol 
Police's jurisdiction. This language further strengthens this 
committee's function as an oversight body and allows us to address any 
such issues as they occur.
  I thank Chairman Brady for his work on this bill, which will, upon 
its passage, create a stronger law enforcement organization, and a 
safer, more secure Capitol complex.
  I reserve the balance of my time.
  Mr. BRADY of Pennsylvania. I have no further speakers.
  Mr. EHLERS. I have no further speakers. I will make some concluding 
comments.
  First of all, Mr. Speaker, I want to thank my chairman, Mr. Brady. He 
and I have worked very, very well together on a number of issues, and I 
believe that, if there were a competition, we would probably hold the 
prize among the committees of the House as to the best functioning 
committees who really try to get business done without a lot of 
partisanship. I commend my colleague for his great attitude on this.
  One other comment I will make in regard to the Capitol Police. The 
one area we did not examine, which I think needs examination at some 
point, and I hope our committee will take it up at some point, the 
duties of the Capitol Police Board are not as clearly outlined as they 
might be. The composition, I believe, is lacking. We have a GAO report 
of a few years ago which pointed out some severe shortcomings in the 
operations and decision-making processes of the Capitol Police Board, 
and I think we would be well-served in this institution to re-examine 
that issue.
  We have done so much in the past decade to modernize the police 
force; make them provide more ready responses to the trauma that we 
face today in this time of terrorism. I think we would be well-advised 
to look at the governing structure once again too, which to my 
knowledge, has not been examined for a long time.
  With that, I will yield back the balance of my time.
  Mr. BRADY of Pennsylvania. Again, I thank the gentleman from 
Michigan. He is right: it is a pleasure to work together. I look 
forward to working together with you in your interest on the Capitol 
Police Board. With that, I urge an ``aye'' vote.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Pennsylvania (Mr. Brady) that the House suspend the 
rules and pass the bill, H.R. 5972, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________