I 
111TH CONGRESS 
1ST SESSION H. R. 1299 
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 
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’’. 
SEC. 2. ADMINISTRATIVE AUTHORITIES OF THE CHIEF OF 
THE CAPITOL POLICE. 
(a) CLARIFICATION OF CERTAIN HIRING AUTHORI-
TIES.— 
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(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 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 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). 
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(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 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. 
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‘‘(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 
of the Capitol Police, for reclassification of 
existing positions, for reorganization plans, 
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(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. 
(4) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—House Resolution 661, Ninety-fifth Con-
gress, agreed to July 29, 1977, as enacted into per-
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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 
or political subdivision thereof which is initiated 
prior to the date of the enactment of this Act. 
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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. 
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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. 
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(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-
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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.— 
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(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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section is restored or revived to read as if such sec-
tion had not been enacted into law. 
(2) NO EFFECT ON OTHER ACT.—Nothing in 
paragraph (1) may be construed to prevent the en-
actment 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 re-
stored 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 Po-
lice’’ in title I of the Legislative and Judiciary Ap-
propriation Act, 1944 (ch. 173; 57 Stat. 230), inso-
far as all of those provisions are related to the sen-
tence ‘‘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 Representa-
tives; and one-half of the privates shall be selected 
by the Sergeant at Arms of the Senate and one-half 
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by the Sergeant at Arms of the House of Represent-
atives.’’, which appears in 2 U.S.C. 1901 (2000 Edi-
tion, Supp. V), are repealed. 
(2) RESTORATION OF REPEALED PROVISION.— 
Section 1018(h)(1) of the Legislative Branch Appro-
priations 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 re-
pealed 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 sen-
tence of section 1821 of the Revised Statutes of the 
United States (2 U.S.C. 1901) is amended by strik-
ing ‘‘, 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 Appropria-
tions Act, 2003. 
Æ 
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