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Volume 106 · 1949

Public Law 102–397

To add to the area in which the Capitol Police have law enforcement authority, and for other purposes.

Approved October 6, 1992

Statutory text

An Act

To add to the area in which the Capitol Police have law enforcement authority, and for other purposes.

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

TITLE I— LAW ENFORCEMENT AUTHORITY AND SUNDRY ADMINISTRATIVE PROVISIONS

SEC. 101. LAW ENFORCEMENT AUTHORITY OF THE CAPITOL POLICE.

The Act entitled “An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes”, approved July 31, 1946 (40 U.S.C. 212a) is amended by inserting after section 9A the following new section:

“Sec. 9B.

(a)

Subject to such regulations as may be prescribed

40 USC 212a–3.

by the Capitol Police Board and approved by the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate, a member of the Capitol Police shall have authority to make arrests and otherwise enforce the laws of the United States, including the laws of the District of Columbia—

“(1)

within the District of Columbia, with respect to any crime of violence committed within the United States Capitol Grounds;

“(2)

within the District of Columbia, with respect to any crime of violence committed in the presence of the member, if the member is in the performance of official duties when the crime is committed;

“(3)

within the District of Columbia, to prevent imminent loss of life or injury to person or property, if the officer is in the performance of official duties when the authority is exercised; and

“(4)

within the area described in subsection (b).

“(b)

The area referred to in subsection (a)(4) is that area bounded by the north curb of H Street from 3rd Street, N.W. to 7th Street, N.E., the east curb of 7th Street from H Street, N.E., to M Street, S.E., the south curb of M Street from 7th Street, S.E. to 1st Street, S.E., the east curb of 1st Street from M Street, S.E. to Potomac Avenue S.E., the southeast curb of Potomac Avenue from 1st Street, S.E. to South Capitol Street, S.W., the west curb of South Capitol Street from Potomac Avenue, S.W. to P Street, S.W., the north curb of P Street from South Capitol Street, S.W. to 3rd Street, S.W., and the west curb of 3rd Street from P Street, S.W. to H Street, N.W.

“(c)

This section does not affect the authority of the Metropolitan Police force of the District of Columbia with respect to the area described in subsection (b).

“(d)

As used in this section, the term ‘crime of violence’ has the meaning given that term in section 16 of title 18, United States Code.“.

SEC. 102. UNIFIED PAYROLL ADMINISTRATION FOR THE CAPITOL POLICE.

The Act entitled “An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes”, approved July 31, 1946 (40 U.S.C. 212a), as amended by section 101, is further amended by inserting after section 9B the following new section:

“Sec. 9C.

Payroll administration for the Capitol Police and civilian support personnel of the Capitol Police shall be carried

Contracts.

out on a unified basis by a single disbursing authority. The Capitol Police Board, with the approval of the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate, acting jointly, shall, by contract or otherwise, provide for such unified payroll administration.”.

SEC. 103. TECHNICAL AMENDMENT.

Effective date.

40 USC 212a.

Effective November 5, 1990, section 106(a) of Public Law 101–520 is amended by striking out “(a) The” and inserting in lieu thereof “Section 9 of the”.

SEC. 104. EFFECTIVE DATE.

The unified payroll administration under the amendment made by section 102 shall apply with respect to pay periods beginning after September 30, 1992.

TITLE II— LUMP-SUM PAYMENT PROVISIONS

SEC. 201. DEFINITIONS.

For the purpose of this title—

(1)

the term “officer” includes all personnel of the rank of lieutenant or higher, including inspector;

(2)

the term “member” includes all personnel below the rank of lieutenant, including detectives; and

(3)

the term “Clerk of the House of Representatives” or “Clerk” includes a successor in function to the Clerk.

SEC. 202. LUMP-SUM PAYMENT FOR ACCUMULATED AND CURRENT ACCRUED ANNUAL LEAVE.

An officer or member of the United States Capitol Police who separates from service within the 2-year period beginning on the date of the enactment of this title and who, at the time of separation, satisfies the age and service requirements for title to an immediate annuity under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, shall be entitled to receive a lump-sum payment for the accumulated and current accrued annual leave to which that individual is entitled, but only to the extent that such leave is attributable to service performed by such individual as an officer or member of the Capitol Police.

SEC. 203. PROCEDURES.

(a)

In General.—

A payment under this title shall be paid—

(1)

in the case of an officer or member whose pay (for service last performed before separation) is disbursed by the Clerk of the House of Representatives—

(A)

by the Clerk;

(B)

after appropriate certification is made to the Clerk by the Sergeant at Arms of the House of Representatives; and

(C)

out of funds available to pay the salaries of officers and members of the Capitol Police whose pay is disbursed by the Clerk; and

(2)

in the case of an officer or member whose pay (for service last performed before separation) is disbursed by the Secretary of the Senate—

(A)

by the Secretary of the Senate;

(B)

after appropriate certification is made to the Secretary of the Senate by the Sergeant at Arms and Door-keeper of the Senate; and

(C)

out of funds available to pay the salaries of officers and members of the Capitol Police whose pay is disbursed by the Secretary of the Senate.

(b)

Certification.—

Any certification under subsection (a)(1)(B) or (a)(2)(B) shall state the total of the accumulated and current accrued annual leave, to the credit of the officer or member involved, which may be taken into account for purposes of a computation under subsection (c).

(c)

Computation.—

(1)

The amount of a lump-sum payment under this title shall be determined by multiplying the hourly rate of basic pay of the officer or member involved by the number of hours certified with respect to such officer or member in accordance with the preceding provisions of this section.

(2)

The hourly rate of basic pay of an officer or member shall, for purposes of this title, be determined by dividing 2,080 into the annual rate of basic pay last payable to such officer or member before separating.

(d)

Treatment as Pay.—

A lump-sum payment under this title shall be considered to be pay for taxation purposes only.

(e)

Clarification.—

For purposes of this title, the terms “officer” and “member” may not be construed to include any civilian employee.

Approved October 6, 1992.

Parsed from the official Statutes at Large USLM XML in 106.xml