H. R. 4818—371
insurance, and other applicable employee benefits, $203,440,000,
to be disbursed by the Chief of the Capitol Police or his designee.
GENERAL EXPENSES
For necessary expenses of the Capitol Police, including motor
vehicles, communications and other equipment, security equipment
and installation, uniforms, weapons, supplies, materials, training,
medical services, forensic services, stenographic services, personal
and professional services, the employee assistance program, the
awards program, postage, communication services, travel advances,
relocation of instructor and liaison personnel for the Federal Law
Enforcement Training Center, and not more than $5,000 to be
expended on the certification of the Chief of the Capitol Police
in connection with official representation and reception expenses,
$28,888,000, to be disbursed by the Chief of the Capitol Police
or his designee: Provided, That, notwithstanding any other provision
of law, the cost of basic training for the Capitol Police at the
Federal Law Enforcement Training Center for fiscal year 2005
shall be paid by the Secretary of Homeland Security from funds
available to the Department of Homeland Security.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
SEC. 1001. TRANSFER AUTHORITY. Amounts appropriated for
fiscal year 2005 for the Capitol Police may be transferred between
the headings ‘‘SALARIES’’ and ‘‘GENERAL
EXPENSES’’ upon the
approval of the Committees on Appropriations of the Senate and
the House of Representatives.
SEC. 1002. LIMITATION ON CERTAIN HIRING AUTHORITY OF CAP-
ITOL POLICE. Section 1006(b) of the Legislative Branch Appropria-
tions Act, 2004 (Public Law 108–83; 117 Stat. 1023) is amended—
(1) in paragraph (3)—
(A) in subparagraph (B), by inserting at the end ‘‘The
Chief of Police may hire individuals under this subsection
who are not submitted for selection under this subpara-
graph. All hirings under this subparagraph shall comply
with the limitations under this paragraph for any fiscal
year.’’; and
(B) in subparagraph (C), by striking ‘‘(C) LIMITATION.—
’’ and inserting ‘‘(C) LIMITATION FOR FISCAL YEAR 2004.—
’’; and
(C) by adding at the end the following:
‘‘(D) LIMITATION FOR FISCAL YEAR 2005.—During fiscal
year 2005, the number of individuals hired under this
subsection may not exceed—
‘‘(i) the number of Library of Congress Police
employees who separated from service or transferred
to a position other than a Library of Congress Police
employee position during fiscal year 2004 for whom
a corresponding hire was not made under this sub-
section; and
‘‘(ii) the number of Library of Congress Police
employees who separate from service or transfer to
a position other than a Library of Congress Police
employee position during fiscal year 2005.’’; and
H. R. 4818—372
(2) in paragraph (4), by striking the first sentence and
inserting ‘‘Notwithstanding subsection (a)(1)(C), the Chief of
the Capitol Police may detail an individual hired under this
subsection to the Library of Congress Police on a nonreimburs-
able basis. Any individual detailed under this subsection shall
receive necessary training, including training by the Library
of Congress Police.’’.
SEC. 1003. AUTHORIZATION OF WEAPONS. Section 1824 of the
Revised Statutes (2 U.S.C. 1941) is amended—
(1) in the first sentence—
(A) by striking ‘‘The Sergeant at Arms of the Senate
and the Sergeant at Arms of the House of Representatives’’
and inserting ‘‘The Capitol Police Board’’; and
(B) by striking all beginning with ‘‘payable out’’
through the period and inserting ‘‘payable from appropria-
tions to the Capitol Police upon certification of payment
by the Chief of the Capitol Police.’’; and
(2) in the second sentence—
(A) by inserting ‘‘or other arms as authorized by the
Capitol Police Board’’ after ‘‘furnished’’; and
(B) by striking ‘‘the Sergeant at Arms of the Senate
and the Sergeant at Arms of the House of Representatives’’
and inserting ‘‘the Capitol Police Board’’.
SEC. 1004. SOLE AND EXCLUSIVE AUTHORITY OF BOARD AND
CHIEF TO DETERMINE RATES OF PAY. (a) IN GENERAL.—The Capitol
Police Board and the Chief of the Capitol Police shall have the
sole and exclusive authority to determine the rates and amounts
for each of the following for members of the Capitol Police:
(1) The rate of basic pay (including the rate of basic pay
upon appointment), premium pay, specialty assignment and
proficiency pay, and merit pay.
(2) The rate of cost-of-living adjustments, comparability
adjustments, and locality adjustments.
(3) The amount for recruitment and relocation bonuses.
(4) The amount for retention allowances.
(5) The amount for educational assistance payments.
(b) NO REVIEW OR APPEAL PERMITTED.—The determination of
a rate or amount described in subsection (a) may not be subject
to review or appeal in any manner.
(c) RULE OF CONSTRUCTION.—Nothing in this section may be
construed to affect—
(1) any authority provided under law for a committee of
the House of Representatives or Senate, or any other entity
of the legislative branch, to review or approve any determina-
tion of a rate or amount described in subsection (a);
(2) any rate or amount described in subsection (a) which
is established under law; or
(3) the terms of any collective bargaining agreement.
(d) EFFECTIVE DATE.—This section shall apply with respect
to fiscal year 2005 and each succeeding fiscal year.
SEC. 1005. ACCEPTANCE
OF DONATIONS
OF ANIMALS. (a) IN
GENERAL.—The Capitol Police may accept the donation of animals
to be used in the canine units of the Capitol Police.
(b) EFFECTIVE DATE.—This section shall apply with respect
to fiscal year 2005 and each fiscal year thereafter.
SEC. 1006. SETTLEMENT AND PAYMENT OF TORT CLAIMS. (a)
FEDERAL TORT CLAIMS ACT.—
H. R. 4818—373
(1) IN GENERAL.—Except as provided in paragraph (2), the
Chief of the Capitol Police, in accordance with regulations
prescribed by the Attorney General and any regulations as
the Capitol Police Board may prescribe, may consider, ascertain,
determine, compromise, adjust, and settle, in accordance with
the provisions of chapter 171 of title 28, United States Code,
any claim for money damages against the United States for
injury or loss of property or personal injury or death caused
by the negligent or wrongful act or omission of any employee
of the Capitol Police while acting within the scope of his office
or employment, under circumstances where the United States,
if a private person, would be liable to the claimant in accordance
with the law of the place where the act or omission occurred.
(2) SPECIAL RULE FOR CLAIMS MADE BY MEMBERS OF CON-
GRESS AND CONGRESSIONAL EMPLOYEES.—
(A) IN GENERAL.—With respect to any claim described
in paragraph (1) which is made by a Member of Congress
or any officer or employee of Congress, the Chief of the
Capitol Police shall—
(i) not later than 14 days after the receipt of such
a claim, notify the Chairman of the applicable Com-
mittee of the receipt of the claim; and
(ii) not later than 90 days after the receipt of
such a claim, submit a proposal for the resolution
of such claim which shall be subject to the approval
of the Chairman of the applicable Committee.
(B) EXTENSION.—The 90-day period in subparagraph
(A)(ii) may be extended for an additional period (not to
exceed 90 days) for good cause by the Chairman of the
applicable Committee, upon the request of the Chief of
the Capitol Police.
(C) APPROVAL CONSISTENT WITH FEDERAL TORT CLAIMS
ACT.—Nothing in this paragraph may be construed to
permit the Chairman of an applicable Committee to
approve a proposal for the resolution of a claim described
in paragraph (1) which is not consistent with the terms
and conditions applicable under chapter 171 of title 28,
United States Code, to the resolution of claims for money
damages against the United States.
(D) APPLICABLE
COMMITTEE
DEFINED.—In this para-
graph, the term ‘‘applicable Committee’’ means—
(i) the Committee on Rules and Administration
of the Senate, in the case of a claim of a Senator
or an officer or employee whose pay is disbursed by
the Secretary of the Senate; or
(ii) the Committee on House Administration of the
House of Representatives, in the case of a Member
of the House of Representatives (including a Delegate
or Resident Commissioner to the Congress) or an officer
or employee whose pay is disbursed by the Chief
Administrative Officer of the House of Representatives.
(3) HEAD
OF
AGENCY.—For purposes of section 2672 of
title 28, United States Code, the Chief of the Capitol Police
shall be the head of a Federal agency with respect to the
Capitol Police.
(4) REGULATIONS.—The Capitol Police Board may prescribe
regulations to carry out this subsection.