IB 
Union Calendar No. 30 
111TH CONGRESS 
1ST SESSION H. R. 1299 
[Report No. 111–66] 
To make technical corrections to the laws affecting certain administrative 
authorities of the United States Capitol Police, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 4, 2009 
Mr. BRADY of Pennsylvania (for himself, Mr. DANIEL E. LUNGREN of Cali-
fornia, and Mr. CAPUANO) introduced the following bill; which was re-
ferred to the Committee on House Administration 
MARCH 30, 2009 
Committed to the Committee of the Whole House on the State of the Union 
and ordered to be printed 
A BILL 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Capitol Police Admin-
istrative Technical Corrections Act of 2009’’. 
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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-
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 
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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 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States (2 U.S.C. 1928) is repealed.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,’’. 
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(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 
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 
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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 notifi-
cation 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 SERV-
ICES.— 
(1) IN GENERAL.—Section 1002 of the Legisla-
tive 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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SEC. 3. GENERAL COUNSEL TO THE CHIEF OF POLICE AND 
THE UNITED STATES 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’’). 
(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)), with-
out 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. 
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(4) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—House Resolution 661, Ninety-fifth Con-
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-
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Chief of Police and the United States Capitol Police as 
of the date of the enactment of this Act. 
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 
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States Code (2000 Editions, Supp. V), is re-
pealed. 
(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 
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overtime work (as determined on the basis of 
the monetary value established under subpara-
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. 
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(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. 
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.— 
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(1) HOUSE OFFICE BUILDINGS.—The item re-
lating 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 re-
lating 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. CAP-
ITOL POLICE AND LIBRARY OF CONGRESS POLICE MERG-
ER IMPLEMENTATION ACT OF 2007.— 
(1) REPEAL OF DUPLICATE PROVISIONS.—Ef-
fective as if included in the enactment of the Legis-
lative 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 
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