In the Senate of the United States, 
October 29, 2009. 
Resolved, That the bill from the House of Representa-
tives (H.R. 1299) entitled ‘‘An Act to make technical correc-
tions to the laws affecting certain administrative authorities 
of the United States Capitol Police, and for other purposes.’’, 
do pass with the following 
AMENDMENT: 
Strike all after the enacting clause and insert the 
following: 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘United States Capitol 
Police Administrative Technical Corrections Act of 2009’’. 
SEC. 2. ADMINISTRATIVE AUTHORITIES OF THE CHIEF OF 
THE CAPITOL POLICE. 
(a) CLARIFICATION OF CERTAIN HIRING AUTHORI-
TIES.— 
(1) CHIEF ADMINISTRATIVE OFFICER.—Section 
108(a) of the Legislative Branch Appropriations
† HR 1299 EAS 
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 Admin-
istration, 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 af-
filiation 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—
† HR 1299 EAS 
(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 para-
graph (1) and inserting the following: 
‘‘(1) AUTHORITY.— 
‘‘(A) IN GENERAL.—The Chief of the Cap-
itol 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 reg-
ulations. 
‘‘(B) 
SPECIAL
RULE
FOR
TERMI-
NATIONS.—The Chief may terminate an officer, 
member, or employee only after the Chief has 
provided notice of the termination to the Cap-
† HR 1299 EAS 
itol 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 ap-
proved 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 po-
sition 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.’’.
† HR 1299 EAS 
(B) TECHNICAL AND CONFORMING AMEND-
MENTS.— 
(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
SUS-
PENSION.—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
CONGRES-
SIONAL 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
PRO-
CEEDINGS.—Nothing in the amendment made 
by subparagraph (A) may be construed to affect 
any procedure initiated under title IV of the
† HR 1299 EAS 
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 indi-
vidual 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 EN-
FORCEMENT ASSISTANCE.— 
(1) IN GENERAL.—Section 2802 of the Supple-
mental Appropriations Act, 2001 (2 U.S.C. 1905) is 
amended— 
(A) in subsection (a)(1), by striking ‘‘Cap-
itol Police Board’’ each place it appears and in-
serting ‘‘United States Capitol Police’’; and 
(B) in subsection (a)(2), by striking ‘‘Cap-
itol 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
† HR 1299 EAS 
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 subpara-
graph (B), the annual rate of pay for the Gen-
eral 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 an-
nual 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
AMEND-
MENT.—House Resolution 661, Ninety-fifth Con-
† HR 1299 EAS 
gress, agreed to July 29, 1977, as enacted into per-
manent law by section 111 of the Legislative Branch 
Appropriation Act, 1979 (2 U.S.C. 1901 note) is re-
pealed. 
(5) NO EFFECT ON CURRENT GENERAL COUN-
SEL.—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 in-
serting ‘‘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 indi-
vidual to enter an appearance in any proceeding be-
fore any court of the United States or of any State
† HR 1299 EAS 
or political subdivision thereof which is initiated 
prior to the date of the enactment of this Act. 
SEC. 4. EMPLOYMENT COUNSEL TO THE CHIEF OF POLICE 
AND THE UNITED STATES 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 indi-
vidual to enter an appearance in any proceeding be-
fore 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 COUN-
SEL.—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.
† HR 1299 EAS 
SEC. 5. CLARIFICATION OF AUTHORITIES REGARDING CER-
TAIN PERSONNEL BENEFITS. 
(a) NO LUMP-SUM PAYMENT PERMITTED FOR UN-
USED 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 ac-
crued compensatory time off, except to the extent 
permitted under section 203(c)(4) of the Congres-
sional Accountability Act of 1995 (2 U.S.C. 
1313(c)(4)). 
(2) REPEAL
OF
RELATED
OBSOLETE
PROVI-
SIONS.— 
(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 re-
pealed.
† HR 1299 EAS 
(B) OVERTIME PAY DISBURSED BY SEN-
ATE.—The last full paragraph under the head-
ing ‘‘Administrative Provisions’’ in the appro-
priation 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 ex-
empt individuals which is performed on or after the 
date of the enactment of this Act, in the form of ad-
ditional pay or compensatory time off, only if— 
(A) the overtime work is carried out in 
connection with special circumstances, as deter-
mined 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 subpara-
† HR 1299 EAS 
graph (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 Congres-
sional Accountability Act of 1995 (2 U.S.C. 
1313) as exempt from the application of the 
rights and protections established by sub-
sections (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 estab-
lished specifically under any law. 
(3) CONFORMING AMENDMENT.—
† HR 1299 EAS 
(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. 
SEC. 6. OTHER MISCELLANEOUS TECHNICAL CORREC-
TIONS. 
(a) REPEAL OF OBSOLETE PROCEDURES FOR INI-
TIAL APPOINTMENT OF CHIEF ADMINISTRATIVE OFFI-
CER.—Section 108 of the Legislative Branch Appropria-
tions 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 Re-
vised Statutes of the United States (2 U.S.C. 1943) is 
repealed. 
(c) REPEAL OF REFERENCES TO OFFICERS AND PRI-
VATES IN AUTHORITIES RELATING TO HOUSE AND SEN-
ATE OFFICE BUILDINGS.—
† HR 1299 EAS 
SEC. 7. TREATMENT OF CAPITOL POLICE EMPLOYEES AS 
CONGRESSIONAL 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 LEGISLA-
TIVE BRANCH.—Section 5531(4) of title 5, United 
States Code, is amended by striking ‘‘and the Con-
gressional Budget Office’’ and inserting ‘‘the Con-
gressional 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
† HR 1299 EAS 
of Representatives’’ and inserting ‘‘, the Chief 
Administrative Officer of the House of Rep-
resentatives, 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 Rep-
resentatives, 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 Adminis-
trative 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). 
SEC. 8. LAW ENFORCEMENT AUTHORITY OF SERGEANT-AT- 
ARMS AND DOORKEEPER OF THE SENATE. 
(a) IN GENERAL.—The Sergeant-at-Arms and Door-
keeper of the Senate shall have the same law enforcement 
authority, including the authority to carry firearms, as a
† HR 1299 EAS 
member of the Capitol Police. The law enforcement au-
thority under the preceding sentence shall be subject to 
the requirement that the Sergeant-at-Arms and Door-
keeper 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 pre-
scribe regulations to carry out this section. 
Attest: 
Secretary.