[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1299 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
October 29, 2009.
Resolved, That the bill from the House of Representatives (H.R.
1299) entitled ``An Act to make technical corrections 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 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.
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''), 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.
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 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.
SEC. 5. CLARIFICATION OF AUTHORITIES REGARDING CERTAIN PERSONNEL
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.
SEC. 6. OTHER MISCELLANEOUS TECHNICAL CORRECTIONS.
(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.
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 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).
SEC. 8. LAW ENFORCEMENT AUTHORITY OF SERGEANT-AT-ARMS AND DOORKEEPER OF
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.
Attest:
Secretary.
111th CONGRESS
1st Session
H.R. 1299
_______________________________________________________________________
AMENDMENT