[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