II 

110TH CONGRESS 

2D SESSION S. 3391 

To make technical corrections to the laws affecting certain administrative 

authorities of the United States Capitol Police, and for other purposes. 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘United States Capitol 

5 Police Administrative Technical Corrections Act of 2008’’. 

6 SEC. 2. ADMINISTRATIVE AUTHORITIES OF THE CHIEF OF 

7 THE CAPITOL POLICE. 

8 (a) CLARIFICATION OF CERTAIN HIRING AUTHORI9 TIES.— 


rwilkins on PROD1PC63 with BILLS
2 

•S 3391 IS

1 (1) CHIEF ADMINISTRATIVE OFFICER.—Section 

2 108(a) of the Legislative Branch Appropriations 

3 Act, 2001 (2 U.S.C. 1903(a)) is amended to read as 

4 follows: 

5 ‘‘(a) CHIEF ADMINISTRATIVE OFFICER.— 

6 ‘‘(1) ESTABLISHMENT.—There shall be within 

7 the Capitol Police an Office of Administration, to be 

8 headed by the Chief Administrative Officer, who 

9 shall report to and serve at the pleasure of the Chief 

10 of the Capitol Police. 

11 ‘‘(2) APPOINTMENT.—The Chief Administrative 

12 Officer shall be appointed by the Chief of the Capitol 

13 Police, after consultation with the Capitol Police 

14 Board. 

15 ‘‘(3) COMPENSATION.—The annual rate of pay 

16 for the Chief Administrative Officer shall be the 

17 amount equal to $1,000 less than the annual rate of 

18 pay in effect for the Chief of the Capitol Police.’’. 

19 (2) ADMINISTRATIVE PROVISIONS.—Section 108 

20 of the Legislative Branch Appropriations Act, 2001 

21 (2 U.S.C. 1903) is amended by striking subsection 

22 (c). 

23 (3) CERTIFYING OFFICERS.—Section 107 of the 

24 Legislative Branch Appropriations Act, 2001 (2 

25 U.S.C. 1904) is amended— 


rwilkins on PROD1PC63 with BILLS
3 

•S 3391 IS

1 (A) in subsection (a), by striking ‘‘the 

2 Capitol Police Board’’ and inserting ‘‘the Chief 

3 of the Capitol Police’’; and 

4 (B) in subsection (b)(1), by striking ‘‘the 

5 Capitol Police Board’’ and inserting ‘‘the Chief 

6 of the Capitol Police’’. 

7 (4) PERSONNEL ACTIONS OF THE CHIEF OF

8 THE CAPITOL POLICE.—(A) Section 1018(e) of the 

9 Legislative Branch Appropriations Act, 2003 (2 

10 U.S.C. 1907(e)) is amended by striking paragraph 

11 (1) and inserting the following: 

12 ‘‘(1) AUTHORITY.—The Chief of the Capitol 

13 Police, in carrying out the duties of office, with the 

14 concurrence of the Capitol Police Board, is author15 ized to appoint, hire, suspend with or without pay, 

16 discipline, discharge and set the terms, conditions, 

17 and privileges of employment of employees of the 

18 Capitol Police, subject to and in accordance with ap19 plicable laws and regulations.’’. 

20 (B)(i) Section 1823 of the Revised Statutes of 

21 the United States (2 U.S.C. 1928) is hereby re22 pealed. 

23 (ii) The proviso in the Act of Mar. 3, 1875 (ch. 

24 129; 18 Stat. 345), popularly known as the ‘‘Legis25 lature, Executive, and Judicial Appropriation Act, 


rwilkins on PROD1PC63 with BILLS
4 

•S 3391 IS

1 fiscal year 1876’’, which is codified at section 1929 

2 of title 2, United States Code (2000 Editions, Supp. 

3 V), is repealed. 

4 (5) CONFORMING APPLICATION OF CONGRES5 SIONAL ACCOUNTABILITY ACT OF 1995.— 

6 (A) IN GENERAL.—Section 101(9)(D) of 

7 the Congressional Accountability Act of 1995 (2 

8 U.S.C. 1301(9)(D)) is amended by striking 

9 ‘‘the Capitol Police Board,’’ and inserting ‘‘the 

10 United States Capitol Police,’’. 

11 (B) NO EFFECT ON CURRENT PRO12 CEEDINGS.—Nothing in the amendment made 

13 by subparagraph (A) may be construed to affect 

14 any procedure initiated under title IV of the 

15 Congressional Accountability Act of 1995 prior 

16 to the date of the enactment of this Act. 

17 (6) NO EFFECT ON CURRENT PERSONNEL.— 

18 Nothing in the amendments made by this subsection 

19 may be construed to affect the status of any indi20 vidual serving as an officer or employee of the 

21 United States Capitol Police as of the date of the 

22 enactment of this Act. 

23 (b) DEPOSIT OF REIMBURSEMENTS FOR LAW EN24 FORCEMENT ASSISTANCE.— 


rwilkins on PROD1PC63 with BILLS
5 

•S 3391 IS

1 (1) IN GENERAL.—Section 2802 of the Supple2 mental Appropriations Act, 2001 (2 U.S.C. 1905) is 

3 amended— 

4 (A) in subsection (a)(1), by striking ‘‘Cap5 itol Police Board’’ each place it appears and in6 serting ‘‘United States Capitol Police’’; and 

7 (B) in subsection (a)(2), by striking ‘‘Cap8 itol Police Board’’ and inserting ‘‘Chief of the 

9 United States Capitol Police’’. 

10 (2) EFFECTIVE DATE.—The amendments made 

11 by paragraph (1) shall take effect as if included in 

12 the enactment of the Supplemental Appropriations 

13 Act, 2001. 

14 (c) PRIOR NOTICE TO AUTHORIZING COMMITTEES

15 OF DEPLOYMENT OUTSIDE JURISDICTION.—Section 

16 1007(a)(1) of the Legislative Branch Appropriations Act, 

17 2005 (2 U.S.C. 1978(a)(1)) is amended by striking ‘‘prior 

18 notification to’’ and inserting the following: ‘‘prior notifi19 cation to the Committee on House Administration of the 

20 House of Representatives, the Committee on Rules and 

21 Administration of the Senate, and’’. 

22 SEC. 3. GENERAL COUNSEL TO THE CHIEF OF POLICE AND 

23 THE UNITED STATES CAPITOL POLICE. 

24 (a) LEGAL REPRESENTATION AUTHORITY.— 


rwilkins on PROD1PC63 with BILLS
6 

•S 3391 IS

1 (1) IN GENERAL.—Section 1002(a)(2)(A) of the 

2 Legislative Branch Appropriations Act, 2004 (2 

3 U.S.C. 1908(a)(2)(A)) is amended by striking ‘‘the 

4 General Counsel for the United States Capitol Police 

5 Board and the Chief of the Capitol Police’’ and in6 serting ‘‘the General Counsel to the Chief of Police 

7 and the United States Capitol Police’’. 

8 (2) NO EFFECT ON CURRENT PROCEEDINGS.— 

9 Nothing in the amendment made by paragraph (1) 

10 may be construed to affect the authority of any indi11 vidual to enter an appearance in any proceeding be12 fore any court of the United States or of any State 

13 or political subdivision thereof which is initiated 

14 prior to the date of the enactment of this Act. 

15 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

16 House Resolution 661, Ninety-fifth Congress, agreed to 

17 July 29, 1977, as enacted into permanent law by section 

18 111 of the Legislative Branch Appropriation Act, 1979 

19 (2 U.S.C. 1901 note) is repealed. 

20 (c) NO EFFECT ON CURRENT GENERAL COUNSEL.— 

21 Nothing in this section or the amendments made by this 

22 section may be construed to affect the status of the indi23 vidual serving as the General Counsel to the Chief of Po24 lice and the United States Capitol Police as of the date 

25 of the enactment of this Act. 


rwilkins on PROD1PC63 with BILLS
7 

•S 3391 IS

1 SEC. 4. CLARIFICATION OF AUTHORITIES REGARDING CER2 TAIN PERSONNEL BENEFITS. 

3 (a) NO LUMP SUM PAYMENT PERMITTED FOR UN4 USED COMPENSATORY TIME.— 

5 (1) IN GENERAL.—No officer or employee of 

6 the United States Capitol Police whose service with 

7 the United States Capitol Police is terminated may 

8 receive any lump-sum payment with respect to ac9 crued compensatory time off, except to the extent 

10 permitted under section 203(c)(4) of the Congres11 sional Accountability Act of 1995 (2 U.S.C. 

12 1313(c)(4)). 

13 (2) REPEAL OF RELATED OBSOLETE PROVI14 SIONS.—(A) Section 3 of House Resolution 449, 

15 Ninety-second Congress, agreed to June 2, 1971, as 

16 enacted into permanent law by chapter IV of the 

17 Supplemental Appropriations Act, 1972 (85 Stat. 

18 636) (2 U.S.C. 1924), together with any other provi19 sion of law which relates to compensatory time for 

20 the Capitol Police which is codified at section 1924 

21 of title 2, United States Code (2000 Editions, Supp. 

22 V), is hereby repealed. 

23 (B) The last full paragraph under the heading 

24 ‘‘Administrative Provisions’’ in the appropriation for 

25 the Senate in the Legislative Branch Appropriations 


rwilkins on PROD1PC63 with BILLS
8 

•S 3391 IS

1 Act, 1972 (85 Stat. 130) (2 U.S.C. 1925) is hereby 

2 repealed. 

3 (b) OVERTIME COMPENSATION FOR OFFICERS AND

4 EMPLOYEES EXEMPT FROM FAIR LABOR STANDARDS

5 ACT OF 1938.— 

6 (1) CRITERIA UNDER WHICH COMPENSATION

7 PERMITTED.—The Chief of the Capitol Police may 

8 provide for the compensation of overtime work of ex9 empt individuals which is performed on or after the 

10 date of the enactment of this Act, in the form of ad11 ditional pay or compensatory time off, only if— 

12 (A) the overtime work is carried out in 

13 connection with special circumstances, as deter14 mined by the Chief; 

15 (B) the Chief has established a monetary 

16 value for the overtime work performed by such 

17 individual; and 

18 (C) the sum of the total amount of the 

19 compensation paid to the individual for the 

20 overtime work (as determined on the basis of 

21 the monetary value established under subpara22 graph (B)) and the total regular compensation 

23 paid to the individual with respect to the pay 

24 period involved may not exceed an amount 

25 equal to the cap on the aggregate amount of 


rwilkins on PROD1PC63 with BILLS
9 

•S 3391 IS

1 annual compensation that may be paid to the 

2 individual under applicable law during the year 

3 in which the pay period occurs, as allocated on 

4 a per pay period basis consistent with premium 

5 pay regulations of the Capitol Police Board. 

6 (2) EXEMPT INDIVIDUALS DEFINED.—In this 

7 subsection, an ‘‘exempt individual’’ is an officer or 

8 employee of the United States Capitol Police— 

9 (A) who is classified under regulations 

10 issued pursuant to section 203 of the Congres11 sional Accountability Act of 1995 (2 U.S.C. 

12 1313) as exempt from the application of the 

13 rights and protections established by sub14 sections (a)(1) and (d) of section 6, section 7, 

15 and section 12(c) of the Fair Labor Standards 

16 Act of 1938 (29 U.S.C. 206 (a)(1) and (d), 

17 207, 212(c)); or 

18 (B) whose annual rate of pay is not estab19 lished specifically under any law. 

20 (3) CONFORMING AMENDMENT.— 

21 (A) IN GENERAL.—Section 1009 of the 

22 Legislative Branch Appropriations Act, 2003 

23 (Public Law 108–7; 117 Stat. 359) is repealed. 

24 (B) EFFECTIVE DATE.—The amendment 

25 made by subparagraph (A) shall take effect as 


rwilkins on PROD1PC63 with BILLS
10 

•S 3391 IS

1 if included in the enactment of the Legislative 

2 Branch Appropriations Act, 2003, except that 

3 the amendment shall not apply with respect to 

4 any overtime work performed prior to the date 

5 of the enactment of this Act. 

6 SEC. 5. OTHER MISCELLANEOUS TECHNICAL CORREC7 TIONS. 

8 (a) REPEAL OF OBSOLETE PROCEDURES FOR INI9 TIAL APPOINTMENT OF CHIEF ADMINISTRATIVE OFFI10 CER.—Section 108 of the Legislative Branch Appropria11 tions Act, 2001 (2 U.S.C. 1903) is amended by striking 

12 subsections (d) through (g). 

13 (b) REPEAL OF REQUIREMENT THAT OFFICERS

14 PURCHASE OWN UNIFORMS.—Section 1825 of the Re15 vised Statutes of the United States (2 U.S.C. 1943) is 

16 repealed. 

17 (c) REPEAL OF REFERENCES TO OFFICERS AND PRI18 VATES IN AUTHORITIES RELATING TO HOUSE AND SEN19 ATE OFFICE BUILDINGS.— 

20 (1) HOUSE OFFICE BUILDINGS.—The item re21 lating to ‘‘House of Representatives Office Building’’ 

22 in the Act entitled ‘‘An Act making appropriations 

23 for sundry civil expenses of the Government for the 

24 fiscal year ending June thirtieth, nineteen hundred 

25 and eight, and for other purposes’’, approved March 


rwilkins on PROD1PC63 with BILLS
11 

•S 3391 IS

1 4, 1907 (34 Stat. 1365; 2 U.S.C. 2001), is amended 

2 by striking ‘‘other than officers and privates of the 

3 Capitol police’’ each place it appears and inserting 

4 ‘‘other than the United States Capitol Police’’. 

5 (2) SENATE OFFICE BUILDINGS.—The item re6 lating to ‘‘Senate Office Building’’ in the Legislative 

7 Branch Appropriation Act, 1943 (56 Stat. 343; 2 

8 U.S.C. 2023) is amended by striking ‘‘other than for 

9 officers and privates of the Capitol Police’’ each 

10 place it appears and inserting ‘‘other than for the 

11 United States Capitol Police’’. 

12 (d) CLARIFICATION OF APPLICABILITY OF U.S. CAP13 ITOL POLICE AND LIBRARY OF CONGRESS POLICE MERG14 ER IMPLEMENTATION ACT OF 2007.— 

15 (1) REPEAL OF DUPLICATE PROVISIONS.—Ef16 fective as if included in the enactment of the Legis17 lative Branch Appropriations Act, 2008 (Public Law 

18 110–161), section 1004 of such Act is repealed, and 

19 any provision of law amended or repealed by such 

20 section is restored or revived to read as if such sec21 tion had not been enacted into law. 

22 (2) NO EFFECT ON OTHER ACT.—Nothing in 

23 paragraph (1) may be construed to prevent the en24 actment or implementation of any provision of the 

25 U.S. Capitol Police and Library of Congress Police 


rwilkins on PROD1PC63 with BILLS
12 

•S 3391 IS

1 Merger Implementation Act of 2007 (Public Law 

2 110–178), including any provision of such Act that 

3 amends or repeals a provision of law which is re4 stored or revived pursuant to paragraph (1). 

5 (e) AUTHORITY OF CHIEF OF POLICE.— 

6 (1) REPEAL OF CERTAIN PROVISIONS CODIFIED

7 IN TITLE 2, UNITED STATES CODE.—The provisions 

8 appearing in the first paragraph under the heading 

9 ‘‘Capitol Police’’ in the Act of April 28, 1902 (ch. 

10 594; 32 Stat. 124), and the provisions appearing in 

11 the first paragraph under the heading ‘‘Capitol Po12 lice’’ in title I of the Legislative and Judiciary Ap13 propriation Act, 1944 (ch. 173; 57 Stat. 230), inso14 far as all of those provisions are related to the sen15 tence ‘‘The captain and lieutenants shall be selected 

16 jointly by the Sergeant at Arms of the Senate and 

17 the Sergeant at Arms of the House of Representa18 tives; and one-half of the privates shall be selected 

19 by the Sergeant at Arms of the Senate and one-half 

20 by the Sergeant at Arms of the House of Represent21 atives.’’, which appears in 2 U.S.C. 1901 (2000 Edi22 tion, Supp. V), are repealed. 

23 (2) RESTORATION OF REPEALED PROVISION.— 

24 Section 1018(h)(1) of the Legislative Branch Appro25 priations Act, 2003 (Public Law 108–7, div. H, title 


rwilkins on PROD1PC63 with BILLS
13 

•S 3391 IS

1 I, 117 Stat. 368) is repealed, and the sentence ‘‘The 

2 Capitol Police shall be headed by a Chief who shall 

3 be appointed by the Capitol Police Board and shall 

4 serve at the pleasure of the Board.’’, which was re5 pealed by such section, is restored to appear at the 

6 end of section 1821 of the Revised Statutes of the 

7 United States (2 U.S.C. 1901). 

8 (3) CONFORMING AMENDMENT.—The first sen9 tence of section 1821 of the Revised Statutes of the 

10 United States (2 U.S.C. 1901) is amended by strik11 ing ‘‘, the members of which shall be appointed by 

12 the Sergeants-at-Arms of the two Houses and the 

13 Architect of the Capitol Extension’’. 

14 (4) EFFECTIVE DATE.—The amendments made 

15 by this subsection shall take effect as if included in 

16 the enactment of the Legislative Branch Appropria17 tions Act, 2003. 

Æ 


rwilkins on PROD1PC63 with BILLS