To authorize appropriations for salaries and expenses of the United States Capitol Police, and for other purposes.

December 19, 2001

Mr. HOYER introduced the following bill; which was referred to the Committee on House Administration

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.

END