111TH CONGRESS 

1ST SESSION H. R. 1299 

AN ACT 

To make technical corrections to the laws affecting certain 

administrative authorities of the United States Capitol 

Police, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Capitol Police Admin3 istrative Technical Corrections Act of 2009’’. 

4 SEC. 2. ADMINISTRATIVE AUTHORITIES OF THE CHIEF OF 

5 THE CAPITOL POLICE. 

6 (a) CLARIFICATION OF CERTAIN HIRING AUTHORI7 TIES.— 

8 (1) CHIEF ADMINISTRATIVE OFFICER.—Section 

9 108(a) of the Legislative Branch Appropriations 

10 Act, 2001 (2 U.S.C. 1903(a)) is amended to read as 

11 follows: 

12 ‘‘(a) CHIEF ADMINISTRATIVE OFFICER.— 

13 ‘‘(1) ESTABLISHMENT.—There shall be within 

14 the Capitol Police an Office of Administration, to be 

15 headed by the Chief Administrative Officer, who 

16 shall report to and serve at the pleasure of the Chief 

17 of the Capitol Police. 

18 ‘‘(2) APPOINTMENT.—The Chief Administrative 

19 Officer shall be appointed by the Chief of the Capitol 

20 Police, after consultation with the Capitol Police 

21 Board, without regard to political affiliation and 

22 solely on the basis of fitness to perform the duties 

23 of the position. 

24 ‘‘(3) COMPENSATION.—The annual rate of pay 

25 for the Chief Administrative Officer shall be the 
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1 amount equal to $1,000 less than the annual rate of 

2 pay in effect for the Chief of the Capitol Police.’’. 

3 (2) ADMINISTRATIVE PROVISIONS.—Section 108 

4 of the Legislative Branch Appropriations Act, 2001 

5 (2 U.S.C. 1903) is amended by striking subsection 

6 (c). 

7 (3) CERTIFYING OFFICERS.—Section 107 of the 

8 Legislative Branch Appropriations Act, 2001 (2 

9 U.S.C. 1904) is amended— 

10 (A) in subsection (a), by striking ‘‘the 

11 Capitol Police Board’’ and inserting ‘‘the Chief 

12 of the Capitol Police’’; and 

13 (B) in subsection (b)(1), by striking ‘‘the 

14 Capitol Police Board’’ and inserting ‘‘the Chief 

15 of the Capitol Police’’. 

16 (4) PERSONNEL ACTIONS OF THE CHIEF OF

17 THE CAPITOL POLICE.— 

18 (A) IN GENERAL.—Section 1018(e) of the 

19 Legislative Branch Appropriations Act, 2003 (2 

20 U.S.C. 1907(e)) is amended by striking para21 graph (1) and inserting the following: 

22 ‘‘(1) AUTHORITY.— 

23 ‘‘(A) IN GENERAL.—The Chief of the Cap24 itol Police, in carrying out the duties of office, 

25 is authorized to appoint, hire, suspend with or 
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1 without pay, discipline, discharge, and set the 

2 terms, conditions, and privileges of employment 

3 of employees of the Capitol Police, subject to 

4 and in accordance with applicable laws and reg5 ulations. 

6 ‘‘(B) SPECIAL RULE FOR TERMI7 NATIONS.—The Chief may terminate an officer, 

8 member, or employee only after the Chief has 

9 provided notice of the termination to the Cap10 itol Police Board (in such manner as the Board 

11 may from time to time require) and the Board 

12 has approved the termination, except that if the 

13 Board has not disapproved the termination 

14 prior to the expiration of the 30-day period 

15 which begins on the date the Board receives the 

16 notice, the Board shall be deemed to have ap17 proved the termination. 

18 ‘‘(C) NOTICE OR APPROVAL.—The Chief of 

19 the Capitol Police shall provide notice or receive 

20 approval, as required by the Committee on 

21 Rules and Administration of the Senate and the 

22 Committee on House Administration of the 

23 House of Representatives, as each Committee 

24 determines appropriate for— 
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1 ‘‘(i) the exercise of any authority 

2 under subparagraph (A); or 

3 ‘‘(ii) the establishment of any new po4 sition for officers, members, or employees 

5 of the Capitol Police, for reclassification of 

6 existing positions, for reorganization plans, 

7 or for hiring, termination, or promotion for 

8 officers, members, or employees of the 

9 Capitol Police.’’. 

10 (B) TECHNICAL AND CONFORMING AMEND11 MENTS.— 

12 (i) SUSPENSION AUTHORITY.—Section 

13 1823 of the Revised Statutes of the United 

14 States (2 U.S.C. 1928) is repealed. 

15 (ii) PAY OF MEMBERS UNDER SUS16 PENSION.—The proviso in the Act of Mar. 

17 3, 1875 (ch. 129; 18 Stat. 345), popularly 

18 known as the ‘‘Legislature, Executive, and 

19 Judicial Appropriation Act, fiscal year 

20 1876’’, which is codified at section 1929 of 

21 title 2, United States Code (2000 Editions, 

22 Supp. V), is repealed. 

23 (5) CONFORMING APPLICATION OF CONGRES24 SIONAL ACCOUNTABILITY ACT OF 1995.— 
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1 (A) IN GENERAL.—Section 101(9)(D) of 

2 the Congressional Accountability Act of 1995 (2 

3 U.S.C. 1301(9)(D)) is amended by striking 

4 ‘‘the Capitol Police Board,’’ and inserting ‘‘the 

5 United States Capitol Police,’’. 

6 (B) NO EFFECT ON CURRENT PRO7 CEEDINGS.—Nothing in the amendment made 

8 by subparagraph (A) may be construed to affect 

9 any procedure initiated under title IV of the 

10 Congressional Accountability Act of 1995 prior 

11 to the date of the enactment of this Act. 

12 (6) NO EFFECT ON CURRENT PERSONNEL.— 

13 Nothing in the amendments made by this subsection 

14 may be construed to affect the status of any indi15 vidual serving as an officer or employee of the 

16 United States Capitol Police as of the date of the 

17 enactment of this Act. 

18 (b) DEPOSIT OF REIMBURSEMENTS FOR LAW EN19 FORCEMENT ASSISTANCE.— 

20 (1) IN GENERAL.—Section 2802 of the Supple21 mental Appropriations Act, 2001 (2 U.S.C. 1905) is 

22 amended— 

23 (A) in subsection (a)(1), by striking ‘‘Cap24 itol Police Board’’ each place it appears and in25 serting ‘‘United States Capitol Police’’; and 
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1 (B) in subsection (a)(2), by striking ‘‘Cap2 itol Police Board’’ and inserting ‘‘Chief of the 

3 United States Capitol Police’’. 

4 (2) EFFECTIVE DATE.—The amendments made 

5 by paragraph (1) shall take effect as if included in 

6 the enactment of the Supplemental Appropriations 

7 Act, 2001. 

8 (c) PRIOR NOTICE TO AUTHORIZING COMMITTEES

9 OF DEPLOYMENT OUTSIDE JURISDICTION.—Section 

10 1007(a)(1) of the Legislative Branch Appropriations Act, 

11 2005 (2 U.S.C. 1978(a)(1)) is amended by striking ‘‘prior 

12 notification to’’ and inserting the following: ‘‘prior notifi13 cation to the Committee on House Administration of the 

14 House of Representatives, the Committee on Rules and 

15 Administration of the Senate, and’’. 

16 (d) ADVANCE PAYMENTS FOR SUBSCRIPTION SERV17 ICES.— 

18 (1) IN GENERAL.—Section 1002 of the Legisla19 tive Branch Appropriations Act, 2008 (Public Law 

20 110–161; 2 U.S.C. 1981) is amended by inserting 

21 ‘‘the Committee on House Administration of the 

22 House of Representatives, and the Committee on 

23 Rules and Administration of the Senate’’ after ‘‘the 

24 Senate,’’. 
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1 (2) EFFECTIVE DATE AND APPLICATION.—The 

2 amendment made by this subsection shall take effect 

3 30 days after the date of enactment of this Act and 

4 apply to payments made on or after that effective 

5 date. 

6 SEC. 3. GENERAL COUNSEL TO THE CHIEF OF POLICE AND 

7 THE UNITED STATES CAPITOL POLICE. 

8 (a) APPOINTMENT AND SERVICE.— 

9 (1) IN GENERAL.—There shall be within the 

10 United States Capitol Police the General Counsel to 

11 the Chief of Police and the United States Capitol 

12 Police (in this subsection referred to as the ‘‘General 

13 Counsel’’). 

14 (2) APPOINTMENT.—The General Counsel shall 

15 be appointed by the Chief of the Capitol Police in 

16 accordance with section 1018(e)(1) of the Legislative 

17 Branch Appropriations Act, 2003 (2 U.S.C. 

18 1907(e)(1)) (as amended by section 2(a)(4)), with19 out regard to political affiliation and solely on the 

20 basis of fitness to perform the duties of the position. 

21 (3) COMPENSATION.— 

22 (A) IN GENERAL.—Subject to subpara23 graph (B), the annual rate of pay for the Gen24 eral Counsel shall be fixed by the Chief of the 

25 Capitol Police. 
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1 (B) LIMITATION.—The annual rate of pay 

2 for the General Counsel may not exceed an an3 nual rate equal to $1,000 less than the annual 

4 rate of pay in effect for the Chief of the Capitol 

5 Police. 

6 (4) TECHNICAL AND CONFORMING AMEND7 MENT.—House Resolution 661, Ninety-fifth Con8 gress, agreed to July 29, 1977, as enacted into per9 manent law by section 111 of the Legislative Branch 

10 Appropriation Act, 1979 (2 U.S.C. 1901 note) is re11 pealed. 

12 (5) NO EFFECT ON CURRENT GENERAL COUN13 SEL.—Nothing in this subsection or the amendments 

14 made by this subsection may be construed to affect 

15 the status of the individual serving as the General 

16 Counsel to the Chief of Police and the United States 

17 Capitol Police as of the date of the enactment of this 

18 Act. 

19 (b) LEGAL REPRESENTATION AUTHORITY.— 

20 (1) IN GENERAL.—Section 1002(a)(2)(A) of the 

21 Legislative Branch Appropriations Act, 2004 (2 

22 U.S.C. 1908(a)(2)(A)) is amended by striking ‘‘the 

23 General Counsel for the United States Capitol Police 

24 Board and the Chief of the Capitol Police’’ and in-
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1 serting ‘‘the General Counsel to the Chief of Police 

2 and the United States Capitol Police’’. 

3 (2) NO EFFECT ON CURRENT PROCEEDINGS.— 

4 Nothing in the amendment made by paragraph (1) 

5 may be construed to affect the authority of any indi6 vidual to enter an appearance in any proceeding be7 fore any court of the United States or of any State 

8 or political subdivision thereof which is initiated 

9 prior to the date of the enactment of this Act. 

10 SEC. 4. EMPLOYMENT COUNSEL TO THE CHIEF OF POLICE 

11 AND THE UNITED STATES CAPITOL POLICE. 

12 (a) LEGAL REPRESENTATION AUTHORITY.— 

13 (1) IN GENERAL.—Section 1002(a)(2)(B) of the 

14 Legislative Branch Appropriations Act, 2004 (2 

15 U.S.C. 1908(a)(2)(B)) is amended by striking ‘‘the 

16 Employment Counsel for the United States Capitol 

17 Police Board and the United States Capitol Police’’ 

18 and inserting ‘‘the Employment Counsel to the Chief 

19 of Police and the United States Capitol Police’’. 

20 (2) NO EFFECT ON CURRENT PROCEEDINGS.— 

21 Nothing in the amendment made by paragraph (1) 

22 may be construed to affect the authority of any indi23 vidual to enter an appearance in any proceeding be24 fore any court of the United States or of any State 
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1 or political subdivision thereof which is initiated 

2 prior to the date of the enactment of this Act. 

3 (b) NO EFFECT ON CURRENT EMPLOYMENT COUN4 SEL.—Nothing in this section or the amendments made 

5 by this section may be construed to affect the status of 

6 the individual serving as the Employment Counsel to the 

7 Chief of Police and the United States Capitol Police as 

8 of the date of the enactment of this Act. 

9 SEC. 5. CLARIFICATION OF AUTHORITIES REGARDING CER10 TAIN PERSONNEL BENEFITS. 

11 (a) NO LUMP-SUM PAYMENT PERMITTED FOR UN12 USED COMPENSATORY TIME.— 

13 (1) IN GENERAL.—No officer or employee of 

14 the United States Capitol Police whose service with 

15 the United States Capitol Police is terminated may 

16 receive any lump-sum payment with respect to ac17 crued compensatory time off, except to the extent 

18 permitted under section 203(c)(4) of the Congres19 sional Accountability Act of 1995 (2 U.S.C. 

20 1313(c)(4)). 

21 (2) REPEAL OF RELATED OBSOLETE PROVI22 SIONS.— 

23 (A) OVERTIME PAY DISBURSED BY

24 HOUSE.—Section 3 of House Resolution 449, 

25 Ninety-second Congress, agreed to June 2, 
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1 1971, as enacted into permanent law by chapter 

2 IV of the Supplemental Appropriations Act, 

3 1972 (85 Stat. 636) (2 U.S.C. 1924), together 

4 with any other provision of law which relates to 

5 compensatory time for the Capitol Police which 

6 is codified at section 1924 of title 2, United 

7 States Code (2000 Editions, Supp. V), is re8 pealed. 

9 (B) OVERTIME PAY DISBURSED BY SEN10 ATE.—The last full paragraph under the head11 ing ‘‘Administrative Provisions’’ in the appro12 priation for the Senate in the Legislative 

13 Branch Appropriations Act, 1972 (85 Stat. 

14 130) (2 U.S.C. 1925) is repealed. 

15 (b) OVERTIME COMPENSATION FOR OFFICERS AND

16 EMPLOYEES EXEMPT FROM FAIR LABOR STANDARDS

17 ACT OF 1938.— 

18 (1) CRITERIA UNDER WHICH COMPENSATION

19 PERMITTED.—The Chief of the Capitol Police may 

20 provide for the compensation of overtime work of ex21 empt individuals which is performed on or after the 

22 date of the enactment of this Act, in the form of ad23 ditional pay or compensatory time off, only if— 
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1 (A) the overtime work is carried out in 

2 connection with special circumstances, as deter3 mined by the Chief; 

4 (B) the Chief has established a monetary 

5 value for the overtime work performed by such 

6 individual; and 

7 (C) the sum of the total amount of the 

8 compensation paid to the individual for the 

9 overtime work (as determined on the basis of 

10 the monetary value established under subpara11 graph (B)) and the total regular compensation 

12 paid to the individual with respect to the pay 

13 period involved may not exceed an amount 

14 equal to the cap on the aggregate amount of 

15 annual compensation that may be paid to the 

16 individual under applicable law during the year 

17 in which the pay period occurs, as allocated on 

18 a per pay period basis consistent with premium 

19 pay regulations of the Capitol Police Board. 

20 (2) EXEMPT INDIVIDUALS DEFINED.—In this 

21 subsection, an ‘‘exempt individual’’ is an officer or 

22 employee of the United States Capitol Police— 

23 (A) who is classified under regulations 

24 issued pursuant to section 203 of the Congres25 sional Accountability Act of 1995 (2 U.S.C. 
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1 1313) as exempt from the application of the 

2 rights and protections established by sub3 sections (a)(1) and (d) of section 6, section 7, 

4 and section 12(c) of the Fair Labor Standards 

5 Act of 1938 (29 U.S.C. 206 (a)(1) and (d), 

6 207, 212(c)); or 

7 (B) whose annual rate of pay is not estab8 lished specifically under any law. 

9 (3) CONFORMING AMENDMENT.— 

10 (A) IN GENERAL.—Section 1009 of the 

11 Legislative Branch Appropriations Act, 2003 

12 (Public Law 108–7; 117 Stat. 359) is repealed. 

13 (B) EFFECTIVE DATE.—The amendment 

14 made by subparagraph (A) shall take effect as 

15 if included in the enactment of the Legislative 

16 Branch Appropriations Act, 2003, except that 

17 the amendment shall not apply with respect to 

18 any overtime work performed prior to the date 

19 of the enactment of this Act. 

20 SEC. 6. OTHER MISCELLANEOUS TECHNICAL CORREC21 TIONS. 

22 (a) REPEAL OF OBSOLETE PROCEDURES FOR INI23 TIAL APPOINTMENT OF CHIEF ADMINISTRATIVE OFFI24 CER.—Section 108 of the Legislative Branch Appropria-
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1 tions Act, 2001 (2 U.S.C. 1903) is amended by striking 

2 subsections (d) through (g). 

3 (b) REPEAL OF REQUIREMENT THAT OFFICERS

4 PURCHASE OWN UNIFORMS.—Section 1825 of the Re5 vised Statutes of the United States (2 U.S.C. 1943) is 

6 repealed. 

7 (c) REPEAL OF REFERENCES TO OFFICERS AND PRI8 VATES IN AUTHORITIES RELATING TO HOUSE AND SEN9 ATE OFFICE BUILDINGS.— 

10 (1) HOUSE OFFICE BUILDINGS.—The item re11 lating to ‘‘House of Representatives Office Building’’ 

12 in the Act entitled ‘‘An Act making appropriations 

13 for sundry civil expenses of the Government for the 

14 fiscal year ending June thirtieth, nineteen hundred 

15 and eight, and for other purposes’’, approved March 

16 4, 1907 (34 Stat. 1365; 2 U.S.C. 2001), is amended 

17 by striking ‘‘other than officers and privates of the 

18 Capitol police’’ each place it appears and inserting 

19 ‘‘other than the United States Capitol Police’’. 

20 (2) SENATE OFFICE BUILDINGS.—The item re21 lating to ‘‘Senate Office Building’’ in the Legislative 

22 Branch Appropriation Act, 1943 (56 Stat. 343; 2 

23 U.S.C. 2023) is amended by striking ‘‘other than for 

24 officers and privates of the Capitol Police’’ each 
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1 place it appears and inserting ‘‘other than for the 

2 United States Capitol Police’’. 

3 (d) CLARIFICATION OF APPLICABILITY OF U.S. CAP4 ITOL POLICE AND LIBRARY OF CONGRESS POLICE MERG5 ER IMPLEMENTATION ACT OF 2007.— 

6 (1) REPEAL OF DUPLICATE PROVISIONS.—Ef7 fective as if included in the enactment of the Legis8 lative Branch Appropriations Act, 2008 (Public Law 

9 110–161), section 1004 of such Act is repealed, and 

10 any provision of law amended or repealed by such 

11 section is restored or revived to read as if such sec12 tion had not been enacted into law. 

13 (2) NO EFFECT ON OTHER ACT.—Nothing in 

14 paragraph (1) may be construed to prevent the en15 actment or implementation of any provision of the 

16 U.S. Capitol Police and Library of Congress Police 

17 Merger Implementation Act of 2007 (Public Law 

18 110–178), including any provision of such Act that 

19 amends or repeals a provision of law which is re20 stored or revived pursuant to paragraph (1). 

21 (e) AUTHORITY OF CHIEF OF POLICE.— 

22 (1) REPEAL OF CERTAIN PROVISIONS CODIFIED

23 IN TITLE 2, UNITED STATES CODE.—The provisions 

24 appearing in the first paragraph under the heading 

25 ‘‘Capitol Police’’ in the Act of April 28, 1902 (ch. 
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1 594; 32 Stat. 124), and the provisions appearing in 

2 the first paragraph under the heading ‘‘Capitol Po3 lice’’ in title I of the Legislative and Judiciary Ap4 propriation Act, 1944 (ch. 173; 57 Stat. 230), inso5 far as all of those provisions are related to the sen6 tence ‘‘The captain and lieutenants shall be selected 

7 jointly by the Sergeant at Arms of the Senate and 

8 the Sergeant at Arms of the House of Representa9 tives; and one-half of the privates shall be selected 

10 by the Sergeant at Arms of the Senate and one-half 

11 by the Sergeant at Arms of the House of Represent12 atives.’’, which appears in 2 U.S.C. 1901 (2000 Edi13 tion, Supp. V), are repealed. 

14 (2) RESTORATION OF REPEALED PROVISION.— 

15 Section 1018(h)(1) of the Legislative Branch Appro16 priations Act, 2003 (Public Law 108–7, div. H, title 

17 I, 117 Stat. 368) is repealed, and the sentence ‘‘The 

18 Capitol Police shall be headed by a Chief who shall 

19 be appointed by the Capitol Police Board and shall 

20 serve at the pleasure of the Board.’’, which was re21 pealed by such section, is restored to appear at the 

22 end of section 1821 of the Revised Statutes of the 

23 United States (2 U.S.C. 1901). 

24 (3) CONFORMING AMENDMENT.—The first sen25 tence of section 1821 of the Revised Statutes of the 
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1 United States (2 U.S.C. 1901) is amended by strik2 ing ‘‘, the members of which shall be appointed by 

3 the Sergeants-at-Arms of the two Houses and the 

4 Architect of the Capitol Extension’’. 

5 (4) EFFECTIVE DATE.—The amendments made 

6 by this subsection shall take effect as if included in 

7 the enactment of the Legislative Branch Appropria8 tions Act, 2003. 

Passed the House of Representatives March 31, 

2009. 

Attest: 

Clerk. 

111TH CONGRESS 

1ST SESSION H. R. 1299 

AN ACT 

To make technical corrections to the laws affecting 

States Capitol Police, and for other purposes. certain administrative authorities of the United