UNITED STATES CAPITOL POLICE
FY 2005 PROPOSED LANGUAGE

CAPITOL POLICE

SALARIES AND EXPENSES

For necessary expenses of the Capitol Police, including overtime, hazardous duty pay differential, Government contributions for health, retirement, social security, and other applicable employee benefits, motor vehicles, communications and other equipment, security equipment and installation, uniforms, weapons, supplies, materials, training, medical services, forensic services, professional liability insurance, stenographic services, personal and professional services, employee assistance program, the awards program, postage, communication services, domestic travel, foreign travel as approved by the Capitol Police Board, 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, $291,641,000, of which $4,745,000 shall remain available until expended, 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

SEC. 1001. SALARIES AND EXPENSES APPROPRIATION. Notwithstanding any other provision of law, for fiscal year 2005 and each succeeding fiscal year, all references to accounts for the Capitol Police under the subheading “SALARIES" and "GENERAL EXPENSES" under the heading "CAPITOL POLICE" shall be construed to refer to "SALARIES AND EXPENSES" under the heading "CAPITOL POLICE”.

SEC. 1002. COMPENSATION FOR DAMAGED OR LOST PROPERTY. (a) IN GENERAL.-Any amounts received by the Capitol Police for compensation for damage to, or loss of, property of the Capitol Police (including any insurance payments or payment made by an officer or civilian employee of the Capitol Police) shall be credited to the account established for the general expenses of the Capitol Police, and shall be available to carry out the purposes of such account during the fiscal year in which the amounts are received and the following fiscal year.

(b) EFFECTIVE DATE.-This section shall apply to fiscal year 2005 and each fiscal year thereafter.

SEC. 1003. VOLUNTARY TRANSFER OF LEAVE. (a) IN GENERAL.-Chapter 63, §6331, of title 5, United States Code, is amended in paragraph (1) by inserting after section 6301(2), the following: "and employees of the Capitol Police,”.

(b) EFFECTIVE DATE.-This section shall apply with respect to fiscal year 2005 and each fiscal year thereafter.

SEC. 1004. 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 appropriations 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. 1005. RELEASE OF SECURITY INFORMATION. (a) Notwithstanding any other provision of law, the release of information that is sensitive to the policing, protection, physical security, counterterrorism, emergency response, and preparedness of the Congress and the Capitol buildings and grounds, development by, on behalf of or concerning the Capitol Police Board, the Capitol Police or any incident command relating to emergency response shall be determined by the Capitol Police Board, in consultation with law enforcement and security professionals, provided, however, that nothing in this section is intended to alter or supersede any rule or prerogative of either the United States Senate or the United States House of Representatives, its officers or committees, to make determination as to the release of information relating to either house, its offices, or committees thereto.

(b) The Capitol Police Board is authorized to promulgate regulations to carry out the provisions of this section.

(c) This section shall take effect on the date of enactment of this Act and shall remain in effect for the fiscal year of its enactment and each fiscal year thereafter.

SEC. 1006. SOLE AND EXCLUSIVE AUTHORITY FOR PAY. (a) IN GENERAL.-The determination of the schedule of rates of basic pay, rates of premium pay, cost-of-living, comparability, and locality adjustments, recruitment and relocation bonuses, retention allowances, educational assistance payments, pay rates upon appointment, specialty assignment and proficiency pay, and merit pay for the United States Capitol Police is within the sole and exclusive authority of the Capitol Police Board or the Chief of the Capitol Police, as applicable, and may not be subject to review or appeal in any manner.

(b) RULE OF CONSTRUCTION.-Nothing in this section may be construed to affect any authority provided under law for any committee of the Senate or House of Representatives or any other legislative branch entity to review or approve any determination described under subsection (a).

(c) EFFECTIVE DATE.-This section shall apply with respect to fiscal year 2005, and each succeeding fiscal year.

SEC. 1007. LUMP SUM PAYMENT FOR COMPENSATORY TIME. Title I, §III of Pub. L. 105-55, 111 Stat. 1186, is amended by adding at the end of Section (b)(1) a new subsection "(M)" as follows: "Subject to regulations prescribed under this Section, and applicable law, the Chief of Police is authorized to make a lump sum payment, at any time, for unused compensatory time off.".

SEC. 1008. ACCEPTANCE OF DONATIONS OF ANIMALS. At any time on or after the date of the enactment of this Act, the United States Capitol Police may accept donations of animals to be used in the Department's canine or equine units.

SEC. 1009. TORT CLAIM PAYMENTS. (a) The Chief of Police is authorized to settle and pay administrative claims under the Federal Torts Claims Act (FTCA) (28 U.S.C. 2672) and the Military Personnel and Civilian Employees' Claims Act (MPCECA), provided, however, that settlement of any claim under MPCECA shall not exceed $2,000 per claim.

the

(b) There is established and maintain a permanent and indefinite appropriation for purpose of settlement and payment of FTCA and MPCECA administrative claims. (c) Nothing in this section shall alter the authorities for payments of claims under the FTCA or MPCECA, where applicable, pursuant to the general authority under 31 U.S.C. 3702 to settle claims of and against the United States or the judgment fund under 31 U.S.C. 1304.

(d) Nothing in this section shall alter authority for the payment or settlement under Section 415 of the Congressional Accountability Act.

(e) This section shall apply to fiscal year 2005 and each fiscal year thereafter.

SEC. 1010. CORRECTION OF DISPARITY WITHIN PAY CLASSES. Section 111 of the Legislative Branch Appropriations Act, 1998 (Public Law 105-55; 40 U.S.C. 207b) is amended

(1) by adding the following new subsection: "(d) The Capitol Police Board is further authorized to amend the Unified Schedule of Basic Rates of Pay for the Capitol Police sworn employees to include necessary adjustments to correct inequities in the Schedule of Basic Rates of Pay for sworn employees.", and

(2) by redesignating subsection (d) as subsection (e).

SEC. 1011. EDUCATIONAL ASSISTANCE PROGRAM. Section 908 of the Emergency Supplemental Act, 2002 (2 U.S.C. 1924; Public Law 107-117; 115 Stat. 2319) as amended, is further amended in Subsection (c) by striking $40,000 and inserting $60,000.

The Office of Compliance hereby transmits its budget request of $2,950,000 for fiiscal year 2005 operations, for the Salaries and Expenses appropriation. Included is a budget justification with an overview of our authority and responsibilities, descriptions of the primary functions of the Office of Compliance, our major accomplishments of FY 2003, and plans for the remainder of FY 2004 and FY 2005.

As you are aware, in previous fiscal years the Office has requested that the legislative
branch appropriations act include language authorizing an appropriation that was established by
section 415 of the Congressional Accountability Act. This appropriation has been authorized in
the Legislative Branch Appropriations Acts of 1996 through 2004. These sections appropriate
"such sums as may be necessary" for awards and settlements under the CAA. I am requesting
that this section also be included in the FY 2005 appropriations bill.

Finally, the agency is requesting that the appropriations legislation for FY 2005 contain additional language in the FY 05 budget. Provisions are requested for an allowance for representation and reception, to establish a student loan repayment program, and for authority to provide incentive awards. They allow the Office of Compliance to achieve parity with executive branch and virtually all legislative branch agencies.

Renum LA 2010), Arams Huikling · 110 Second Street, SE • Washington, DC 205-40)–1999 • 1/2012.724.9254) • 1/202,426,19! ; • thl/202.426.1412