and the Committee on Rules and Adminis-
tration of the Senate and receiving an ac-
knowledgment from each such Committee 
that the Committee has received the notice: 
‘‘(I) The appointment or termi-
nation of any officer, member, or em-
ployee. 
‘‘(II) The promotion of any non-
civilian officer, member, or employee 
to any rank higher than Private First 
Class or the promotion of any civilian 
employee to any position. 
‘‘(ii) APPROVAL
REQUIRED
FOR
ES-
TABLISHMENT
OF
NEW
POSITIONS, RE-
CLASSIFICATION OF POSITIONS, AND REOR-
GANIZATION
PLANS.—The establishment 
by the Chief of the Capitol Police of any 
new position for officers, members, or em-
ployees of the Capitol Police, the reclassi-
fication by the Chief of any position for of-
ficers, members, or employees of the Cap-
itol Police, and any reorganization plan for 
the Capitol Police shall be subject to the 
approval of the Committees referred to in 
clause (i).’’. 
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(5) CONFORMING
APPLICATION
OF
CONGRES-
SIONAL 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
PRO-
CEEDINGS.—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 indi-
vidual 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 EN-
FORCEMENT ASSISTANCE.— 
(1) IN GENERAL.—Section 2802 of the Supple-
mental Appropriations Act, 2001 (2 U.S.C. 1905) is 
amended— 
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(A) in subsection (a)(1), by striking ‘‘Cap-
itol Police Board’’ each place it appears and in-
serting ‘‘United States Capitol Police’’; and 
(B) in subsection (a)(2), by striking ‘‘Cap-
itol 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) AUTHORITY TO SEEK WAIVERS FOR CLAIMS TO 
RECOVER ERRONEOUS PAYMENTS.— 
(1) IN GENERAL.—Section 1018(a)(2) of the 
Legislative Branch Appropriations Act, 2003 (2 
U.S.C. 1907(a)(2)) is amended to read as follows: 
‘‘(2) TRANSFER.— 
‘‘(A) IN
GENERAL.—Any statutory func-
tion, duty, or authority of the Chief Administra-
tive Officer of the House of Representatives or 
the Secretary of the Senate as disbursing offi-
cers for the Capitol Police shall transfer to the 
Chief of the Capitol Police as the single dis-
bursing officer for the Capitol Police. 
‘‘(B) AUTHORITY TO SEEK WAIVERS FOR 
CLAIMS TO RECOVER ERRONEOUS PAYMENTS.— 
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In the case of the authority to waive a claim of 
the United States against a person arising out 
of an erroneous payment of any pay or allow-
ances to an officer or employee of the Capitol 
Police— 
‘‘(i) the Chief of the Capitol Police 
shall exercise such authority in the same 
manner as the Secretary of the Senate 
under section 2 of the Act entitled ‘An Act 
to authorize the waiver of claims of the 
United States arising out of erroneous pay-
ments of pay and allowances to certain of-
ficers and employees of the legislative 
branch’, approved July 25, 1974 (2 U.S.C. 
130c); 
‘‘(ii) an application for a waiver of 
such a claim shall be investigated by the 
Chief Administrative Officer of the Capitol 
Police, who shall submit a written report 
of the investigation to the Chief; and 
‘‘(iii) an application for a waiver of 
such a claim in an amount aggregating 
more than $1,500 may also be investigated 
by the Comptroller General, who shall sub-
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mit a written report of the investigation to 
the Chief.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply as if included in the 
enactment of the Legislative Branch Appropriations 
Act, 2003. 
(d) MODIFICATION OF AUTHORITY TO MAKE AD-
VANCE PAYMENTS FOR SUBSCRIPTION SERVICES.— 
(1) IN GENERAL.—Section 1002 of the Legisla-
tive Branch Appropriations Act, 2008 (Public Law 
110–161) is amended— 
(A) by striking ‘‘fiscal year 2008 and each 
succeeding fiscal year’’ and inserting ‘‘fiscal 
years 2008 and 2009’’; 
(B) by inserting after ‘‘the Senate,’’ the 
following: ‘‘the Committee on House Adminis-
tration of the House of Representatives, and 
the Committee on Rules and Administration of 
the Senate,’’; and 
(C) by striking ‘‘determines it to be more 
prompt, efficient, or economical to do so’’ and 
inserting the following: ‘‘certifies in writing that 
doing so would promote efficiency and cost-ef-
fectiveness’’. 
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(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect as if included in 
the enactment of the Legislative Branch Appropria-
tions Act, 2008. 
(e) 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 notifi-
cation to the Committee on House Administration of the 
House of Representatives, the Committee on Rules and 
Administration of the Senate, and’’. 
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 (hereafter 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)(B)(i) of the Leg-
islative Branch Appropriations Act, 2003 (2 U.S.C. 
1907(e)(1)(B)(i)) (as amended by section 2(a)(4)), 
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without regard to political affiliation and solely on 
the basis of fitness to perform the duties of the posi-
tion. 
(3) COMPENSATION.—The annual rate of pay 
for the General Counsel shall be the amount equal 
to $1,000 less than the annual rate of pay in effect 
for the Chief of the Capitol Police. 
(4) CONFORMING AMENDMENT.—House Resolu-
tion 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 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) CONFORMING AMENDMENT
TO LEGAL REP-
RESENTATION 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 
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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. 
SEC. 4. 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) Section 3 of House Resolution 449, 
Ninety-second Congress, agreed to June 2, 1971, as 
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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 provi-
sion 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 hereby repealed. 
(B) 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 hereby 
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; 
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(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-
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, 
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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.— 
(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. 
(c) AUTHORITY TO SUSPEND EMPLOYEES FOR AP-
PROPRIATE REASONS.— 
(1) IN GENERAL.—Section 1018(e)(1)(A) of the 
Legislative Branch Appropriations Act, 2003 (2 
U.S.C. 1907(e)(1)(A)) is amended by inserting ‘‘sus-
pend with or without pay,’’ after ‘‘hire,’’. 
(2) REPEAL
OF
RELATED
OBSOLETE
PROVI-
SIONS.—(A) Section 1823 of the Revised Statutes of 
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