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111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     111-66

======================================================================



 
    CAPITOL POLICE ADMINISTRATIVE TECHNICAL CORRECTIONS ACT OF 2009

                                _______
                                

 March 30, 2009.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Brady of Pennsylvania, from the Committee on House Administration, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1299]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on House Administration, to whom was referred 
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, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                 PURPOSE AND SUMMARY OF THE LEGISLATION

    Over the years, Congress has enacted numerous provisions 
governing the administration of the U.S. Capitol Police (USCP). 
Some of those provisions, including some that addressed single 
purposes without examining their full ramifications for the 
USCP, contain drafting errors, conflict with previous laws, or 
have other technical flaws. Such flaws can confuse the 
interpretation of the law and deplete the limited resources of 
the agency by creating uncertainty for management, the officers 
and employees about precisely what Congress intended.
    In order to address this problem, the Committee recommends 
passage of the Capitol Police Administrative Technical 
Corrections Act of 2009 (H.R. 1299). Working with the Chief of 
Police, Phillip D. Morse, Sr.; his General Counsel, Gretchen 
DeMar; and with others, the Committee has developed this bill 
to make technical corrections to sundry laws and repeal 
obsolete or duplicative provisions without substantive policy 
change.
    This bill, focused on the USCP's administrative 
authorities, is by no means comprehensive. Other statutory 
provisions governing the USCP and the Capitol Police Board 
constitute a hodgepodge in need of technical correction in some 
cases, and in need of thorough policy reevaluation in others. 
The Committee will continue working with the USCP, with the 
Capitol Police Board, and the Committee's Senate counterpart to 
identify and effect positive change for the agency and for its 
``customer,'' the Congress. For the moment, however, the 
Committee recommends H.R. 1299 as a timely and necessary 
improvement and urges the House to enact it.

                        COMMITTEE CONSIDERATION

    On March 25, 2009, the Committee considered H.R. 1299, 
introduced on March 4, 2009, by the Chairman, Representative 
Robert Brady of Pennsylvania, with the co-sponsorship of the 
Ranking Minority Member, Representative Daniel Lungren of 
California and the Chairman of the Capitol Security 
Subcommittee, Representative Michael Capuano of Massachusetts. 
By voice vote, the Committee ordered H.R. 1299 reported to the 
House with a favorable recommendation and without amendment. No 
recorded votes were taken during the Committee's consideration 
of the bill.

                         ANALYSIS OF H.R. 1299

Section 1. Short Title: ``Capitol Police Administrative Technical 
        Corrections Act of 2009''

Section 2. Administrative authorities of the Chief of the Capitol 
        Police.

    (a)--Clarification of Certain Hiring Authorities.
    Paragraph (1) modernizes the provision that created the 
position of USCP Chief Administrative Officer (CAO) (2 U.S.C. 
1903(a)). Paragraph (2) clarifies the Chief's responsibility 
over the CAO. Paragraph (3) clarifies appointment and duties of 
the USCP certifying officer. Paragraph (4) clarifies provisions 
relating to the Capitol Police Board, the Chief of Police, the 
Committee on House Administration and the Senate Committee on 
Rules and Administration regarding certain USCP personnel 
actions and organizational changes. Paragraph (5) makes a 
conforming change to the Congressional Accountability Act of 
1995. Paragraph (6) clarifies that the subsection (a) may not 
be construed to affect the status of any officer or employee on 
the date of enactment.
    The Committee wishes to emphasize that nothing in this bill 
should be construed to diminish the application of the federal 
anti-nepotism law (5 U.S.C. 3110) to officials of the Capitol 
Police. The Committee remains mindful that a covered official 
of the prior USCP administration may have appointed a relative 
to a position in violation of that statute. Following enactment 
of H.R. 1299, as it does today, federal law will continue to 
prohibit the appointment or promotion of a ``relative,'' which 
term includes a:

        . . . father, mother, son, daughter, brother, sister, 
        uncle, aunt, first cousin, nephew, niece, husband, 
        wife, father-in-law, mother-in-law, son-in-law, 
        daughter-in-law, brother-in-law, sister-in-law, 
        stepfather, stepmother, stepson, stepdaughter, 
        stepbrother, stepsister, half brother or half sister. 5 
        U.S.C. 3110(a)(3).

    The Committee wishes to emphasize that nothing in this bill 
is intended to alter the effect of past certifications or to 
expose the person serving as Chief of Police on the date of 
enactment of H.R. 1299 to personal or professional liability 
for certifications preceding his incumbency.
    (b)--Deposit of Reimbursements for Law Enforcement 
Assistance.
    Paragraph (1) makes technical correction to provision 
authorizing deposit and expenditure of funds received by USCP 
as reimbursement for law-enforcement assistance to other 
agencies. Paragraph (2) makes this correction to the 
Supplemental Appropriations Act, 2001, effective as if included 
in the original Act. The Committee recommends this effective 
date in order to validate the deposit and use of reimbursements 
received during the interim if consistent with the Act either 
before or after enactment of this technical correction.
    (c)--Prior Notice to Authorizing Committees of Deployment 
Outside Jurisdiction.
    Subsection makes technical correction to add the Committee 
on House Administration and the Senate Committee on Rules and 
Administration to those requiring prior notice of certain out-
of-jurisdiction deployments of USCP officers.
    (d)--Advance Payments for Subscription Services.
    This subsection includes the House and Senate authorizing 
committees among those requiring notice of certain payments in 
advance of appropriations. The subsection would make this 
technical correction to the Legislative Branch Appropriations 
Act, 2008, to take effect 30 days after enactment of this bill 
and apply to payments made on or after that effective date. The 
Committee recommends this effective date in order to validate 
any advance payments made during the interim if consistent with 
the Act either before or after enactment of this technical 
correction.
    The Committee concurs with language in the House 
Appropriations Committee's report to accompany H.R. 2771, 110th 
Cong., the Legislative Branch Appropriations Act, 2008, 
suggesting that the Chief should not approve an advance payment 
unless a discount offered exceeds the cost of the funds 
required per the rate published by the United States Treasury 
(I TFM 6-8040.40). The Committee urges the Capitol Police to 
take maximum advantage of the services offered by FEDLINK, the 
Library of Congress program that helps numerous federal 
agencies save money on their procurements.

Section 3. General Counsel to the Chief of Police and the United States 
        Capitol Police

    Subsection (a) clarifies in law the duties and 
responsibilities of the General Counsel to the Chief of Police 
and the Capitol Police as currently established. Subsection (b) 
makes technical and conforming changes to a related providing 
with respect to legal representation by the General Counsel.

Section 4. Employment Counsel to the Chief of Police and the United 
        States Capitol Police

    Subsection (a) amends position title of USCP Employment 
Counsel to render similar in form to position title of the USCP 
General Counsel (as amended by in Section 3 above). Subsection 
(b) clarifies that the section should be construed to affect 
the status of the person holding the position of Employment 
Counsel on the date of enactment of the bill.

Section 5. Clarification of authorities regarding certain personnel 
        benefits

    (a) Technical correction to current law already prohibiting 
certain payments to terminated USCP personnel.
    (b) Technical corrections to statute authorizing 
compensation in the form of additional pay or compensatory time 
off for officers and employees exempt from the Fair Labor 
Standards Act of 1938.
    Subsection 5(b) would make this technical correction to the 
Legislative Branch Appropriations Act, 2003, effective as if 
included in the original Act, but that it shall not apply with 
respect to any overtime work performed prior to the enactment 
of this technical correction. The Committee recommends this 
effective date in order to validate overtime payments made 
during the interim if consistent with the Act before or after 
enactment of this technical correction.

Section 6. Other miscellaneous technical corrections

    (a) Repeals obsolete provisions related to establishment of 
the position of USCP Chief Administrative Officer.
    (b) Repeals outdated provision requiring USCP officers to 
purchase their own uniforms.
    (c) Technical corrections to references to USCP officers 
related to the House and Senate office buildings.
    (d) Repeal of duplicate provision providing for completion 
of the USCP--Library of Congress police merger.
    (e) Technical corrections to provisions regarding the 
position and authority of Chief of Police.
    Subsection 6(e) would make this technical correction to the 
Legislative Branch Appropriations Act, 2003, effective as if 
included in the original Act. The Committee recommends this 
effective date in order to preclude questions about the 
authority or actions of the Chief if consistent with the Act 
either before or after enactment of this technical correction 
bill.

             MATTERS REQUIRED UNDER THE RULES OF THE HOUSE

Constitutional authority

    Clause 3(d)(1) of House rule XIII requires each committee 
report on a public bill or joint resolution to include a 
statement citing the specific constitutional power(s) granted 
to the Congress on which the Committee relies for enactment of 
the measure under consideration.
    Here, the Committee cites the legislative power broadly 
granted to Congress under Article I. The Congress has since 
1828 employed the Capitol Police as an instrumentality of its 
exercise of exclusive jurisdiction over the District 
constituting the seat of Government. The bill (H.R. 1299) is 
necessary to the proper and effective exercise of that 
jurisdiction. The Committee finds this legislation clearly 
within constitutional authority granted to the Congress by 
Article I.

Committee votes

    Clause 3(b) of House rule XIII requires the results of each 
recorded vote on an amendment or motion to report, together 
with the names of those voting for and against, to be printed 
in the committee report. No recorded votes were taken during 
the Committee's consideration of H.R. 1299.

Congressional Budget Office estimate

    Clause 3(c)(3) of House rule XIII requires the report of a 
committee on a measure which has been approved by the committee 
to include a cost estimate prepared by the Director of the 
Congressional Budget Office pursuant to section 402 of the CBA, 
if timely submitted. The Director submitted the following 
estimate:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 26, 2009.
Hon. Robert A. Brady,
Chairman, Committee on House Administration,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1299, the Capitol 
Police Administrative Technical Corrections Act of 2009.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                         Robert A. Sunshine
                              (For Douglas W. Elmendorf, Director).
    Enclosure.

H.R. 1299--Capitol Police Administrative Technical Corrections Act of 
        2009

    H.R. 1299 would make technical corrections to federal laws 
that govern the administrative activities of the U.S. Capitol 
Police. Enacting the bill would have no impact on discretionary 
spending, direct spending, or revenues.
    H.R. 1299 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

Federal mandates

    Section 423 of the CBA requires a committee report on any 
public bill or joint resolution that includes a federal mandate 
to include specific information about such mandates. The 
Committee states that H.R. 1299 imposes no federal mandates.

Preemption clarification

    Section 423 of the CBA requires a committee report on any 
public bill or joint resolution to include a committee 
statement on the extent to which the measure is intended to 
preempt state or local law. The Committee states that H.R. 1299 
is not intended to preempt any state or local law.

Oversight findings

    Clause 3(c)(1) of rule XIII requires each committee report 
to contain oversight findings and recommendations required 
pursuant to clause 2(b)(1) of House rule X. The Committee has 
general oversight responsibility for the U.S. Capitol Police.
    In the exercise of its oversight of the Capitol Police, the 
Committee finds that the presence of sundry obsolete, 
duplicative, and inconsistent legislative provisions has 
impaired the efficient administration of the Capitol Police in 
the past and will continue to do so in the future without 
congressional action. The Committee recommends enactment of 
H.R. 1299 as reported to the House.

Statement of general performance goals and objectives

    Clause 3(c)(4) of House rule XIII requires committee 
reports to include a statement of general performance goals and 
objectives for which the measure authorizes funding. H.R. 1299 
authorizes no appropriations. The Committee believes that 
enactment of H.R. 1299 will advance the Congress's goal of 
improving the Capitol Police's day-to-day administration--an 
effort in which this Committee and the Congress as a whole have 
invested significant sums in recent years.

Congressional ``earmarks''

    Clause 9(a)(1) of House rule XXI creates a point-of-order 
against consideration of a public bill or joint resolution the 
committee report on which does not identify congressional 
``earmarks,'' limited tax benefits, limited tariff benefits, 
and the names of the requesting Member(s). The bill contains no 
such items either as introduced or as reported to the House.

Congressional accountability act applicability

    Section 102(b)(3) of the Congressional Accountability Act 
of 1995 (Pub. L. 104-1) requires each report on a public bill 
or joint resolution relating to terms and conditions of 
employment or access to public services or accommodations to 
describe the manner in which the legislation applies to the 
Legislative Branch.
    The bill makes technical corrections to existing laws by 
repealing obsolete or duplicate provisions and correcting 
drafting errors in others in order to clarify their meaning. As 
such, the bill makes no change to the terms and conditions of 
employment, access to public services, or accommodations in the 
Legislative Branch.