[Congressional Record Volume 155, Number 54 (Tuesday, March 31, 2009)]
[House]
[Pages H4190-H4192]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    CAPITOL POLICE ADMINISTRATIVE TECHNICAL CORRECTIONS ACT OF 2009

  Mr. BRADY of Pennsylvania. Mr. Speaker, I move to suspend the rules 
and pass the bill (H.R. 1299) to make technical corrections to the laws 
affecting certain administrative authorities of the United States 
Capitol Police, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1299

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``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 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).
       (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

[[Page H4191]]

     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'').
       (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)), 
     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

[[Page H4192]]

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania (Mr. Brady) and the gentleman from California (Mr. Daniel 
E. Lungren) each will control 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania.


                             General Leave

  Mr. BRADY of Pennsylvania. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days in which to revise and extend 
their remarks and include extraneous matter on the bill now under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  There was no objection.
  Mr. BRADY of Pennsylvania. Mr. Speaker, I yield myself as much time 
as I may consume.
  I am pleased to present the Capitol Police Administrative Technical 
Corrections Act of 2009.
  As its title suggests, H.R. 1299 is not intended to make substantive 
policy changes for the Capitol Police. It corrects drafting errors, 
modernizes outdated terms, and repeals redundant and inconsistent 
provisions already on the books. My favorite correction is the long 
overdue repeal of the 1868 law requiring Capitol Police officers to buy 
their own uniforms. Congress decided years ago to provide the uniforms 
but has never repealed the 1868 law.
  Chief Phillip Morse requested most of these corrections; the 
committee found others. The bill has the support of Chief Morse and our 
House Sergeant-at-Arms Wilson Livingood. The House passed a similar 
bill last fall, which failed to pass the Senate before final 
adjournment.
  It was a pleasure to work with the gentleman from California (Mr. 
Daniel E. Lungren) and his staff on this measure, and I urge an ``aye'' 
vote.
  I reserve the balance of my time.
  Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I yield myself such 
time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 1299, known as the 
United States Capitol Police Technical Corrections Act.
  I am pleased to join Chairman Brady in sponsoring this bill, which 
will create a stronger operational framework for the police, allowing 
them to better accomplish their mission by providing much-needed 
clarity and eliminating unnecessary or conflicting provisions of 
existing law.
  The technical corrections in this bill provide the chief of the 
Capitol Police with the appropriate authority and responsibility 
related to his role as head of the agency. This bill also clarifies 
important reporting and notification processes for personnel, 
administrative, and operational actions.
  So I am pleased that the chairman has taken up this issue. I am 
confident that the work of the full committee, in addition to that of 
the Subcommittee on Capitol Security, will create a stronger law 
enforcement organization and, therefore, a safer and more secure 
Capitol complex.
  I would urge that all Members support this bill.
  Mr. Speaker, I yield back the balance of my time.
  Mr. BRADY of Pennsylvania. Mr. Speaker, I urge an ``aye'' vote, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Pennsylvania (Mr. Brady) that the House suspend the 
rules and pass the bill, H.R. 1299.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. BRADY of Pennsylvania. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________