[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1299 Enrolled Bill (ENR)]
H.R.1299
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
An Act
To make technical corrections to the laws affecting certain
administrative authorities of the United States Capitol Police, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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This Act may be cited as the ``United States Capitol Police
Administrative Technical Corrections Act of 2009''.

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(a) Clarification of Certain Hiring Authorities.--
(1) Chief administrative officer.--Section 108(a) of the
Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1903(a)) is
amended to read as follows:
``(a) Chief Administrative Officer.--
``(1) Establishment.--There shall be within the United States
Capitol Police an Office of Administration, to be headed by the
Chief Administrative Officer, who shall report to and serve at the
pleasure of the Chief of the Capitol Police.
``(2) Appointment.--The Chief Administrative Officer shall be
appointed by the Chief of the United States Capitol Police, after
consultation with the Capitol Police Board, without regard to
political affiliation and solely on the basis of fitness to perform
the duties of the position.
``(3) Compensation.--The annual rate of pay for the Chief
Administrative Officer shall be the amount equal to $1,000 less
than the annual rate of pay in effect for the Chief of the Capitol
Police.''.
(2) Administrative provisions.--Section 108 of the Legislative
Branch Appropriations Act, 2001 (2 U.S.C. 1903) is amended by
striking subsection (c).
(3) Certifying officers.--Section 107 of the Legislative Branch
Appropriations Act, 2001 (2 U.S.C. 1904) is amended--
(A) in subsection (a), by striking ``the Capitol Police
Board'' and inserting ``the Chief of the Capitol Police''; and
(B) in subsection (b)(1), by striking ``the Capitol Police
Board'' and inserting ``the Chief of the Capitol Police''.
(4) Personnel actions of the chief of the capitol police.--
(A) In general.--Section 1018(e) of the Legislative Branch
Appropriations Act, 2003 (2 U.S.C. 1907(e)) is amended by
striking paragraph (1) and inserting the following:
``(1) Authority.--
``(A) In general.--The Chief of the Capitol Police, in
carrying out the duties of office, is authorized to appoint,
hire, suspend with or without pay, discipline, discharge, and
set the terms, conditions, and privileges of employment of
employees of the Capitol Police, subject to and in accordance
with applicable laws and regulations.
``(B) Special rule for terminations.--The Chief may
terminate an officer, member, or employee only after the Chief
has provided notice of the termination to the Capitol Police
Board (in such manner as the Board may from time to time
require) and the Board has approved the termination, except
that if the Board has not disapproved the termination prior to
the expiration of the 30-day period which begins on the date
the Board receives the notice, the Board shall be deemed to
have approved the termination.
``(C) Notice or approval.--The Chief of the Capitol Police
shall provide notice or receive approval, as required by the
Committee on Rules and Administration of the Senate and the
Committee on House Administration of the House of
Representatives, as each Committee determines appropriate for--
``(i) the exercise of any authority under subparagraph
(A); or
``(ii) the establishment of any new position for
officers, members, or employees of the Capitol Police, for
reclassification of existing positions, for reorganization
plans, or for hiring, termination, or promotion for
officers, members, or employees of the Capitol Police.''.
(B) Technical and conforming amendments.--
(i) Suspension authority.--Section 1823 of the Revised
Statutes of the United States (2 U.S.C. 1928) is repealed.
(ii) Pay of members under suspension.--The proviso in
the Act of Mar. 3, 1875 (ch. 129; 18 Stat. 345), popularly
known as the ``Legislature, Executive, and Judicial
Appropriation Act, fiscal year 1876'', which is codified at
section 1929 of title 2, United States Code (2000 Editions,
Supp. V), is repealed.
(5) Conforming application of congressional accountability act
of 1995.--
(A) In general.--Section 101(9)(D) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1301(9)(D)) is amended by
striking ``the Capitol Police Board,'' and inserting ``the
United States Capitol Police,''.
(B) No effect on current proceedings.--Nothing in the
amendment made by subparagraph (A) may be construed to affect
any procedure initiated under title IV of the Congressional
Accountability Act of 1995 prior to the date of the enactment
of this Act.
(6) No effect on current personnel.--Nothing in the amendments
made by this subsection may be construed to affect the status of
any individual serving as an officer or employee of the United
States Capitol Police as of the date of the enactment of this Act.
(b) Deposit of Reimbursements for Law Enforcement Assistance.--
(1) In general.--Section 2802 of the Supplemental
Appropriations Act, 2001 (2 U.S.C. 1905) is amended--
(A) in subsection (a)(1), by striking ``Capitol Police
Board'' each place it appears and inserting ``United States
Capitol Police''; and
(B) in subsection (a)(2), by striking ``Capitol Police
Board'' and inserting ``Chief of the United States Capitol
Police''.
(2) Effective date.--The amendments made by paragraph (1) shall
take effect as if included in the enactment of the Supplemental
Appropriations Act, 2001.
(c) Prior Notice To Authorizing Committees of Deployment Outside
Jurisdiction.--Section 1007(a)(1) of the Legislative Branch
Appropriations Act, 2005 (2 U.S.C. 1978(a)(1)) is amended by striking
``prior notification to'' and inserting the following: ``prior
notification to the Committee on House Administration of the House of
Representatives, the Committee on Rules and Administration of the
Senate, and''.
(d) Advance Payments for Subscription Services.--
(1) In general.--Section 1002 of the Legislative Branch
Appropriations Act, 2008 (Public Law 110-161; 2 U.S.C. 1981) is
amended by inserting ``the Committee on House Administration of the
House of Representatives, and the Committee on Rules and
Administration of the Senate'' after ``the Senate,''.
(2) Effective date and application.--The amendment made by this
subsection shall take effect 30 days after the date of enactment of
this Act and apply to payments made on or after that effective
date.

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CAPITOL POLICE.
(a) Appointment and Service.--
(1) In general.--There shall be within the United States
Capitol Police the General Counsel to the Chief of Police and the
United States Capitol Police (in this subsection referred to as the
``General Counsel''), who shall report to and serve at the pleasure
of the Chief of the United States Capitol Police.
(2) Appointment.--The General Counsel shall be appointed by the
Chief of the Capitol Police in accordance with section 1018(e)(1)
of the Legislative Branch Appropriations Act, 2003 (2 U.S.C.
1907(e)(1)) (as amended by section 2(a)(4)), after consultation
with the Capitol Police Board, without regard to political
affiliation and solely on the basis of fitness to perform the
duties of the position.
(3) Compensation.--
(A) In general.--Subject to subparagraph (B), the annual
rate of pay for the General Counsel shall be fixed by the Chief
of the Capitol Police.
(B) Limitation.--The annual rate of pay for the General
Counsel may not exceed an annual rate equal to $1,000 less than
the annual rate of pay in effect for the Chief of the Capitol
Police.
(4) Technical and conforming amendment.--House Resolution 661,
Ninety-fifth Congress, agreed to July 29, 1977, as enacted into
permanent law by section 111 of the Legislative Branch
Appropriation Act, 1979 (2 U.S.C. 1901 note) is repealed.
(5) No effect on current general counsel.--Nothing in this
subsection or the amendments made by this subsection may be
construed to affect the status of the individual serving as the
General Counsel to the Chief of Police and the United States
Capitol Police as of the date of the enactment of this Act.
(b) Legal Representation Authority.--
(1) In general.--Section 1002(a)(2)(A) of the Legislative
Branch Appropriations Act, 2004 (2 U.S.C. 1908(a)(2)(A)) is amended
by striking ``the General Counsel for the United States Capitol
Police Board and the Chief of the Capitol Police'' and inserting
``the General Counsel to the Chief of Police and the United States
Capitol Police''.
(2) No effect on current proceedings.--Nothing in the amendment
made by paragraph (1) may be construed to affect the authority of
any individual to enter an appearance in any proceeding before any
court of the United States or of any State or political subdivision
thereof which is initiated prior to the date of the enactment of
this Act.

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CAPITOL POLICE.
(a) Legal Representation Authority.--
(1) In general.--Section 1002(a)(2)(B) of the Legislative
Branch Appropriations Act, 2004 (2 U.S.C. 1908(a)(2)(B)) is amended
by striking ``the Employment Counsel for the United States Capitol
Police Board and the United States Capitol Police'' and inserting
``the Employment Counsel to the Chief of Police and the United
States Capitol Police''.
(2) No effect on current proceedings.--Nothing in the amendment
made by paragraph (1) may be construed to affect the authority of
any individual to enter an appearance in any proceeding before any
court of the United States or of any State or political subdivision
thereof which is initiated prior to the date of the enactment of
this Act.
(b) No Effect on Current Employment Counsel.--Nothing in this
section or the amendments made by this section may be construed to
affect the status of the individual serving as the Employment Counsel
to the Chief of Police and the United States Capitol Police as of the
date of the enactment of this Act.

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BENEFITS.
(a) No Lump-Sum Payment Permitted for Unused Compensatory Time.--
(1) In general.--No officer or employee of the United States
Capitol Police whose service with the United States Capitol Police
is terminated may receive any lump-sum payment with respect to
accrued compensatory time off, except to the extent permitted under
section 203(c)(4) of the Congressional Accountability Act of 1995
(2 U.S.C. 1313(c)(4)).
(2) Repeal of related obsolete provisions.--
(A) Overtime pay disbursed by house.--Section 3 of House
Resolution 449, Ninety-second Congress, agreed to June 2, 1971,
as enacted into permanent law by chapter IV of the Supplemental
Appropriations Act, 1972 (85 Stat. 636) (2 U.S.C. 1924),
together with any other provision of law which relates to
compensatory time for the Capitol Police which is codified at
section 1924 of title 2, United States Code (2000 Editions,
Supp. V), is repealed.
(B) Overtime pay disbursed by senate.--The last full
paragraph under the heading ``Administrative Provisions'' in
the appropriation for the Senate in the Legislative Branch
Appropriations Act, 1972 (85 Stat. 130) (2 U.S.C. 1925) is
repealed.
(b) Overtime Compensation for Officers and Employees Exempt From
Fair Labor Standards Act of 1938.--
(1) Criteria under which compensation permitted.--The Chief of
the Capitol Police may provide for the compensation of overtime
work of exempt individuals which is performed on or after the date
of the enactment of this Act, in the form of additional pay or
compensatory time off, only if--
(A) the overtime work is carried out in connection with
special circumstances, as determined by the Chief;
(B) the Chief has established a monetary value for the
overtime work performed by such individual; and
(C) the sum of the total amount of the compensation paid to
the individual for the overtime work (as determined on the
basis of the monetary value established under subparagraph (B))
and the total regular compensation paid to the individual with
respect to the pay period involved may not exceed an amount
equal to the cap on the aggregate amount of annual compensation
that may be paid to the individual under applicable law during
the year in which the pay period occurs, as allocated on a per
pay period basis consistent with premium pay regulations of the
Capitol Police Board.
(2) Exempt individuals defined.--In this subsection, an
``exempt individual'' is an officer or employee of the United
States Capitol Police--
(A) who is classified under regulations issued pursuant to
section 203 of the Congressional Accountability Act of 1995 (2
U.S.C. 1313) as exempt from the application of the rights and
protections established by subsections (a)(1) and (d) of
section 6, section 7, and section 12(c) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206 (a)(1) and (d), 207,
212(c)); or
(B) whose annual rate of pay is not established
specifically under any law.
(3) Conforming amendment.--
(A) In general.--Section 1009 of the Legislative Branch
Appropriations Act, 2003 (Public Law 108-7; 117 Stat. 359) is
repealed.
(B) Effective date.--The amendment made by subparagraph (A)
shall take effect as if included in the enactment of the
Legislative Branch Appropriations Act, 2003, except that the
amendment shall not apply with respect to any overtime work
performed prior to the date of the enactment of this Act.

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(a) Repeal of Obsolete Procedures for Initial Appointment of Chief
Administrative Officer.--Section 108 of the Legislative Branch
Appropriations Act, 2001 (2 U.S.C. 1903) is amended by striking
subsections (d) through (g).
(b) Repeal of Requirement That Officers Purchase Own Uniforms.--
Section 1825 of the Revised Statutes of the United States (2 U.S.C.
1943) is repealed.
(c) Repeal of References to Officers and Privates in Authorities
Relating to House and Senate Office Buildings.--
(1) House office buildings.--The item relating to ``House of
Representatives Office Building'' in the Act entitled ``An Act
making appropriations for sundry civil expenses of the Government
for the fiscal year ending June thirtieth, nineteen hundred and
eight, and for other purposes'', approved March 4, 1907 (34 Stat.
1365; 2 U.S.C. 2001), is amended by striking ``other than officers
and privates of the Capitol police'' each place it appears and
inserting ``other than the United States Capitol Police''.
(2) Senate office buildings.--The item relating to ``Senate
Office Building'' in the Legislative Branch Appropriation Act, 1943
(56 Stat. 343; 2 U.S.C. 2023) is amended by striking ``other than
for officers and privates of the Capitol Police'' each place it
appears and inserting ``other than for the United States Capitol
Police''.
(d) Clarification of Applicability of U.S. Capitol Police and
Library of Congress Police Merger Implementation Act of 2007.--
(1) Repeal of duplicate provisions.--Effective as if included
in the enactment of the Legislative Branch Appropriations Act, 2008
(Public Law 110-161), section 1004 of such Act is repealed, and any
provision of law amended or repealed by such section is restored or
revived to read as if such section had not been enacted into law.
(2) No effect on other act.--Nothing in paragraph (1) may be
construed to prevent the enactment or implementation of any
provision of the U.S. Capitol Police and Library of Congress Police
Merger Implementation Act of 2007 (Public Law 110-178), including
any provision of such Act that amends or repeals a provision of law
which is restored or revived pursuant to paragraph (1).
(e) Authority of Chief of Police.--
(1) Repeal of certain provisions codified in title 2, united
states code.--The provisions appearing in the first paragraph under
the heading ``Capitol Police'' in the Act of April 28, 1902 (ch.
594; 32 Stat. 124), and the provisions appearing in the first
paragraph under the heading ``Capitol Police'' in title I of the
Legislative and Judiciary Appropriation Act, 1944 (ch. 173; 57
Stat. 230), insofar as all of those provisions are related to the
sentence ``The captain and lieutenants shall be selected jointly by
the Sergeant at Arms of the Senate and the Sergeant at Arms of the
House of Representatives; and one-half of the privates shall be
selected by the Sergeant at Arms of the Senate and one-half by the
Sergeant at Arms of the House of Representatives.'', which appears
in 2 U.S.C. 1901 (2000 Edition, Supp. V), are repealed.
(2) Restoration of repealed provision.--Section 1018(h)(1) of
the Legislative Branch Appropriations Act, 2003 (Public Law 108-7,
div. H, title I, 117 Stat. 368) is repealed, and the sentence ``The
Capitol Police shall be headed by a Chief who shall be appointed by
the Capitol Police Board and shall serve at the pleasure of the
Board.'', which was repealed by such section, is restored to appear
at the end of section 1821 of the Revised Statutes of the United
States (2 U.S.C. 1901).
(3) Conforming amendment.--The first sentence of section 1821
of the Revised Statutes of the United States (2 U.S.C. 1901) is
amended by striking ``, the members of which shall be appointed by
the Sergeants-at-Arms of the two Houses and the Architect of the
Capitol Extension''.
(4) Effective date.--The amendments made by this subsection
shall take effect as if included in the enactment of the
Legislative Branch Appropriations Act, 2003.

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EMPLOYEES.
(a) Definition of Congressional Employee.--Section 2107(4) of title
5, United States Code, is amended by inserting ``or employee'' after
``member''.
(b) Dual Pay and Dual Employment.--
(1) Definition of agency in the legislative branch.--Section
5531(4) of title 5, United States Code, is amended by striking
``and the Congressional Budget Office'' and inserting ``the
Congressional Budget Office, and the United States Capitol
Police''.
(2) Dual pay.--Section 5533 of title 5, United States Code, is
amended--
(A) in subsection (c)--
(i) in paragraph (1), by striking ``or the Chief
Administrative Officer of the House of Representatives''
and inserting ``, the Chief Administrative Officer of the
House of Representatives, or the Chief of the Capitol
Police''; and
(ii) in paragraph (2), by inserting ``or the Chief of
the Capitol Police'' after ``House of Representatives'';
and
(B) in subsection (d)(5)(A), by striking ``or the Chief
Administrative Officer of the House of Representatives'' and
inserting ``, the Chief Administrative Officer of the House of
Representatives, or the Chief of the Capitol Police''.
(c) Fees for Jury and Witness Service.--
(1) Crediting amounts received.--Section 5515 of title 5,
United States Code, is amended by striking ``or the Chief
Administrative Officer of the House of Representatives'' and
inserting ``, the Chief Administrative Officer of the House of
Representatives, or the Chief of the Capitol Police''.
(2) Fees for service.--Section 5537(a) of title 5, United
States Code, is amended by striking ``or the Chief Administrative
Officer of the House of Representatives'' and inserting ``, the
Chief Administrative Officer of the House of Representatives, or
the Chief of the Capitol Police''.
(d) Effective Date.--The amendments made by this section shall take
effect as though enacted as part of section 1018 of the Legislative
Branch Appropriations Act, 2003 (2 U.S.C. 1907).

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THE SENATE.
(a) In General.--The Sergeant-at-Arms and Doorkeeper of the Senate
shall have the same law enforcement authority, including the authority
to carry firearms, as a member of the Capitol Police. The law
enforcement authority under the preceding sentence shall be subject to
the requirement that the Sergeant-at-Arms and Doorkeeper of the Senate
have the qualifications specified in subsection (b).
(b) Qualifications.--The qualifications referred to in subsection
(a) are the following:
(1) A minimum of 5 years of experience as a law enforcement
officer before beginning service as the Sergeant-at-Arms and
Doorkeeper of the Senate.
(2) Current certification in the use of firearms by the
appropriate Federal law enforcement entity or an equivalent non-
Federal entity.
(3) Any other firearms qualification required for members of
the Capitol Police.
(c) Regulations.--The Committee on Rules and Administration of the
Senate shall have authority to prescribe regulations to carry out this
section.

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Capitol Police Administrative Technical Corrections Act of 2009 — HR. 1299

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