I
107TH CONGRESS
1ST SESSION
H. R. 3531
To authorize appropriations for salaries and expenses of the United States
Capitol Police, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 19, 2001
Mr. HOYER introduced the following bill; which was referred to the Committee
on House Administration
A BILL
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 Representa-
tives 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 SALA-
RIES AND EXPENSES OF UNITED STATES CAP-
ITOL POLICE.
(a) IN GENERAL.—There are authorized to be appro-
priated 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 there-
after, 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 en-
actment of this Act, the Capitol Police Board shall
adjust the annual rates of basic compensation for of-
ficers and members of the United States Capitol Po-
lice 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 pe-
riod described in paragraph (1) which is greater
than the rate of basic compensation for such pay pe-
riod applicable to an officer or member of the
United States Secret Service Uniformed Division or
the United States Park Police serving in a cor-
responding 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 adjust-
ment takes effect under section 5303 of title 5,
United States Code, (or any subsequent similar pro-
vision 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 compensa-
tion 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 APPOINT-
MENT.—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 Com-
mittee on House Administration of the House of Rep-
resentatives, except that in no case may such a rate be
less than the minimum, or greater than the maximum, an-
nual 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 Cap-
itol Police shall be deposited in the United States
Treasury for credit to the appropriation for ‘‘GEN-
ERAL EXPENSES’’ under the heading ‘‘CAPITOL PO-
LICE
BOARD’’, or ‘‘SECURITY
ENHANCEMENTS’’
under the heading ‘‘CAPITOL POLICE BOARD’’.
(2) COMPENSATION.—Any funds for compensa-
tion for damage to, or loss of, property of the Cap-
itol Police, including any insurance payment or pay-
ment made by an officer or civilian employee of the
Capitol Police for such compensation, shall be depos-
ited 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 Po-
lice Board for any authorized purpose and shall re-
main available until expended.
(4) EFFECTIVE
DATE.—This subsection shall
apply with respect to fiscal year 2002 and each suc-
ceeding fiscal year.
(b) INCENTIVE, PERFORMANCE, AND SPECIALTY
SKILLS EXPENDITURES.—
(1) IN
GENERAL.—The Capitol Police Board
may expend funds from the appropriation ‘‘SALA-
RIES’’ under the heading ‘‘CAPITOL POLICE BOARD’’
for—
(A) an incentive and performance mone-
tary 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 pay-
ment of a monetary award under the program estab-
lished 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 ci-
vilian 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 Appropria-
tion Act, 1968 (2 U.S.C. 61–1(f)) applies,
the amount equal to 1⁄24th 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 Appropria-
tions Act, 1988 (2 U.S.C. 60a–2a) applies,
the amount equal to 1⁄26th 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 insur-
ance 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 (relat-
ing to unemployment compensation); and
(F) shall be paid from the appropriation or
fund used to pay the officer or civilian em-
ployee.
SEC. 5. PERMITTING CAPITOL POLICE BOARD TO LEASE
FACILITIES AND PROPERTY FOR USE OF CAP-
ITOL 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 ap-
proval 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 appro-
priate to secure the use of an interim facility for
training for the Capitol Police pending the comple-
tion of the permanent law enforcement training fa-
cility 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 MAINTE-
NANCE FOR CAPITOL POLICE.
(a) IN GENERAL.—Notwithstanding any other provi-
sion 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 Representa-
tives, 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 Representa-
tives and the Committee on Rules and Administra-
tion 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 sec-
tion 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 Ac-
countability Act of 1995 (2 U.S.C. 1341).
(d) PROPERTY DESCRIBED.—The property referred
to in this subsection is the property secured by the Archi-
tect of the Capitol pursuant to section 128 of the Legisla-
tive 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 RE-
SPONSE 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 en-
able 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 Rep-
resentatives, in the case of amounts to be obli-
gated 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 ac-
tivities on behalf of the Senate; or
(C) the approval of both the Committee on
House Administration of the House of Rep-
resentatives 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 SUP-
PORT 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 PO-
LICE 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 Gar-
den, including the National Garden and Bartholdi Park.
‘‘(2) For purposes of this section, the Joint Com-
mittee on the Library may suspend the application of sec-
tion 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 offi-
cer 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.
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