...

the second session of the Ninety-first Congress". (see supra 84 Stat. 694, and 84 Stat. 335).79

The Legislative Reorganization Act of October 26, 1970. P.L. 91510, "An Act to improve the operation of the legislative branch of the Federal Government, and for other purposes," affected the Capitol Police to the following extent:

Sec. 443 (b) of the Act provided:

The United States Capitol Police Board shall transfer, on the effective date of this section, to the Capitol Guide Board, all personnel records, financial records, assets, and other property of the United States Capitol Guides, which exist immediately prior to such effective date.

Sec. 471 of the Act provided:

Whenever the rate of pay of an employee whose pay is disbursed by the Clerk of the House of Representatives is fixed or adjusted on or after the effective date of this section, that rate, as so fixed or adjusted, shall be a single per annum gross rate.

Sec. 474 of the Act provided:

The Clerk of the House of Representatives shall convert, as of the effective date of this section, to a single per annum gross rate, the rate of pay of each employee whose pay

(1) is disbursed by the Clerk: and

(2) immediately prior to such effective date, was fixed at a basic rate with respect to which additional pay was payable by law.

Sec. 475 of the Act gave the obsolete references in existing law to basic pay rates, as follows:

In any case in which—

(1) the rate of pay of any employee or position, or class of employees or positions, the pay for whom or for which is disbursed by the Clerk of the House of Representatives, or any maximum or minimum rate with respect to any such employee, position, or class, is referred to inor provided by statute of House resolution; and

(2) the rate so referred to or provided is a basic rate with respect to which additional pay is provided by law; such statutory provision or resolution shall be deemed to refer, in lieu of such basic rate, to the per annum gross rate which an employee receiving such basic rate immediately prior to the effective date of this section would receive, without regard to such statutory provision or resolution, under section 474 of this Part on and after such date.80

The Joint Resolution, H.J. Res. 1421, of January 2, 1971, P.L. 91645, made further continuing appropriations for the fiscal year 1971, as follows:

That clause (c) of section 102 or the joint resolution of June 29, 1970 (Public Law 91-294, as amended), is hereby further amended by striking out "the sine die adjournment of the second session of the Ninety-first Congress" and inserting in lieu thereof "March 30, 1971.". . .81

The Federal Pay Comparability Act of 1970 (January 8, 1971, P.L. 91-656) amended Title 5, U.S.C. by authorizing the President to adjust the rate for the statutory pay systems; to estblish an Advisory Committee on Federal Pay, and for other purposes. Sec. 4 of the Act provided that each time the President adjusted the rate of pay of employees under section 5305 of Title 5, U.S.C., the President pro tempore of the Senate had the authority to adjust the rates of pay of personnel whose pay was disbursed by the Secretary

79 84 Stat. 969.

80 84 Stat. 1140-1143 Table of Contents; 1192, 1193, 1194, 1195.

of the Senate (excluding Senators) as he considered appropriate. sec. 5 of the Act provided that each time the President adjusted rates of pay, as above, the Clerk of the House of Representatives had the authority to adjust rates of pay of personnel whose pay was disbursed by the Clerk of the House (excluding Members of the House), in such manner as he considers advisable, (see infra 92 Stat. 774.) 82

The Joint Resolution, H.J. Res. 742, of July 1, 1971, P.L. 92-38 made continuing appropriations for the fiscal year 1972, which included appropriations for the Legislative Branch, until the enactment into law of an Appropriations Act, or August 6, 1971, whichever first occurs.83 (see infra 85 Stat. 125).

The Legislative Branch Appropriations Act of July 9, 1971, P.L. 92-51, for the fiscal year ending June 30, 1972 provided the following for the Capitol Police: Effective July 1, 1971, the Sergeant at Arms and Doorkeeper (Senate) may employ . . . 3 additional lieutenants, police force at not to exceed $14,760 per annum each, 9 additional sergeants, police force at not to exceed $12,300 per annum each, 8 plainclothesmen, police force at not to exceed $10,086 per annum each in lieu of 6 plainclothesmen at not to exceed $9,840 per annum each, 6 K-9 officers, police force at not to exceed $10,086 per annum each, 12 technicians, police force at not to exceed $9,348 per annum each. . . .84

The first appearance in law of compensation for overtime in lieu of compensatory time off, appeared under "Administrative Provisions," of the Act, as follows:

[Each officer or member of the Capitol Police force whose compansation is disbursed by the Secretary of the Senate, who has performed or performs duty in addition to the number of hours of his regularly scheduled tour of duty during any period on or after March 1, 1971, with respect to which the Capitol Police Board determined or determines that emergency conditions existed or exist, shall be paid compensation for each such additional hour of duty, in lieu of compensatory time off, at a rate equal to his hourly rate of compensation in the case of captains, lieutenants, and special officers, and at a rate equal to one and one-half times his hourly rate of compensation for other members of such force referred to herein. The hourly rate of compensation of such officer or member shall be determined by dividing his annual rate of compensation by 2,080. Such compensation due officers and members shall be paid by the secretary, upon certification of such additional hours of duty by the Chief of the Capitol Police as approved by the Sergeant at Arms of the Senate, from funds available in the Senate appropriation "Salaries, Officers and Employees" for the fiscal year in which the additional hours of duty are performed without regard to the limitations specified therein.] 85 (See infra 87 Stat. 532, and infra 88 Stat. 430)

The Act also provided $232,400 for general expenses, including uniforms; the purchase, maintenance, and repair of police motor vehicles, including two-way police radio equipment; contingent expenses, including $25 per month for extra services performed for the Capitol Police Board by such member of the staff of the Sergeant at Arms of the Senate or the House as may be designated by the Chairman of the Board. The Capitol Police Board was provided with $1,009,865 for payment of salaries and other expenses of personnel detailed from the Metropolitan Police, the same rules and

82 84 Stat. 1946, 1952, 1953.

83 85 Stat. 89, 91.

84 85 Stat. 127. See also Appendix A.

regulations for the detailed personnel regarding authority for detailing, duties, retention of privileges, allowances, rank, and salary, were the same as those previously provided in 82 Stat. 406, 83 Stat. 349, and 84 Stat. 816, with the following exceptions:

.. (4) to elevate and pay the detective sergeant detailed under the authority of this Act and serving as acting lieutenant supervising the plainclothes officers to the rank and salary of lieutenant plus $1,625 per annum and such increase in basic compensation as may be subsequently provided by law, so long as this position is held by the present incumbent, (5) to elevate and pay the four detectives permanently detailed under the authority of this paragraph and serving as acting detective sergeants the salary of the rank of detective sergeants and such increases in basic compensation as may be subsequently provided by law, so long as these positions are held by the present incumbents, (6) to pay the lieutenant of the uniform force as provided in Public Law 91-382 (see supra 84 Stat. 816), and (7) to elevate and pay the two acting sergeants of the uniform force serving under the authority of this Act, to the rank and salary of sergeants and such increases in basic compensation as may be subsequently provided by law so long as these two positions are held by the present incumbents.

The same requirements for payment of compensation, and detail authorization, were included in this Act as follows:

No part of any appropriation contained in this Act shall be paid as compensation to any person appointed after June 30, 1935, as an officer or member of the Capitol Police who does not meet the standards to be prescribed for such appointees by the Capitol Police Board: Provided, That the Capitol Police Board is hereby authorized to detail police from the House Office, Senate Office, and the Capitol buildings for police duty on the Capitol Grounds and on the Library of Congress Grounds. 86

Sec. 103 of the Act, under "General Provisions," provided:

That the provisions relating to positions and salaries thereof carried in House Resolution 648, 88th Congress, and House Resolutions 150 and 282, 92nd Congress shall be the permanent law with respect thereto.87

House Resolution 648, as amended, was passed on June 2, 1964, as follows:

ADDITIONAL PERSONNEL, CAPITOL POLICE FORCE

Mr. FRIEDEL. Mr. Speaker, by direction of the Committee on House Administration, I call up House Resolution 648 and ask for its immediate consideration. The Clerk read the resolution, as follows:

Resolved, That the Sergeant at Arms of the House of Representatives is authorized to employ as they may be needed not to exceed one additional lieutenant, one additional sergeant, and fifty-two additional privates on the Capitol Police force. There is authorized to be paid out of the contingent fund of the House of Representatives, until otherwise provided by law, such sums as may be necessary to pay the salary of such lieutenant at a rate of basic compensation of $2,340 per annum, the sergeant at a rate of basic compensation of $2,280 per annum; and each private at a rate of basic compensation of $2,160 per annum.

With the following committee amendments:

Line 5, following the period after the word "force" insert the following:

"Of the fifty-two additional privates, not to exceed ten are authorized to be employed upon the date of passage of this resolution; the remainder, not to exceed forty-two privates, are authorized to be employed as may be justified in connection with the policing of the buildings and grounds of the House of Representatives, with prior approval of the Committee on House Administration.'

Add "SEC. 2." as new paragraph and insert the language commencing with the word "There" in line 5, through line 11, ending with the word "annum".8

86 85 Stat. 135, 136.

87 85 Stat. 144.

88

88 Congressional Record. 88th Cong., 2d Sess. v. 110, Pt. 9, June 2, 1964, 12450. See also Appen

House Resolution 150, passed the House January 26, 1971, at the beginning of the 1st Session of the 92nd Congress. It was a readoption and continuation of H. Res. 1293, passed Decembr 17, 1970, at the end of the 2d Session of the 91st Congress. Both resolutions were passed, as follows:

CONTINUING PROVISIONS RELATING TO POSITIONS ON THE U.S. CAPITOL POLICE FORCE UNDER THE HOUSE OF REPRESENTATIVES

Mr. HAYS. Mr. Speaker, by direction of the Committee on House Administration, I submit a privileged report (Rept. No. 92-2) on the resolution (H. Res. 150) adopting and continuing for the 92d Congress the provisions of the first section of House Resolution 1293, 91st Congress, relating to positions on the U.S. Capitol Police force under the House of Representatives, and ask for immediate consideration of the resolution.

The Clerk read the resolution, as follows:

H. RES. 150

Resolved, That effective as of noon on January 3, 1971, the provisions of the first section of House Resolution 1293, Ninety-first Congress, adopted December 17, 1970, relating to positions on the United States Capitol Police force under the House of Representatives, are hereby readopted and continued with respect to the Ninetysecond Congress without break in the application and effect of such provisions.

SEC. 2. Until otherwise provided by law, effective as of noon on January 3, 1971, the contingent fund of the House of Representatives is made available to carry out the purposes of such House Resolution 1293 as readopted and continued in effect by this resolution.

The resolution was agreed to.

A motion to reconsider was laid on the table.89

AUTHORIZING ADDITIONAL POSITIONS ON THE U.S. CAPITOL POLICE FORCE FOR DUTY UNDER THE HOUSE OF REPRESENTATIVES

Mr. HAYS. Mr. Speaker, by direction of the Committee on House Administration, I submit a privileged report (Rept. No. 91-1776) on the resolution (H. Res. 1293), authorizing the establishment of six additional positions of sergeant and one additional position of lieutenant on the U.S. Capitol Police force for duty under the House of Representatives, and for other purposes, and ask for immediate consideration of the resolution.

The Clerk read the resolution, as follows:

H. RES. 1293

Resolved, That (a) in addition to the number of positions on the United States Capitol Police force, and of personnel detailed to such police force from the Metropolitan Police force of the District of Columbia, existing on the date of adoption of this resolution, but subject to subsection (c) of this section, there are hereby authorized to be established six positions of sergeant, and one position of lieutenant, on the United States Capitol Police force, for duty under the House of Representatives.

(b) Each appointment to any such additional position shall be made by the Capitol Police Board, subject to prior approval of the Committee on House Administration without regard to politial affiliation and solely on the basis of fitness to perform the duties of the position. Each person appointed to any such position shall have, prior to such appointment, at least one year of police experience or of equivalent experi

ence.

(c) The number of positions of private on the United States Capitol Police force for duty under the House of Representatives authorized by House Resolution 796, Eighty-ninth Congress, adopted June 29, 1966, is reduced by six. (See supra 80 Stat. 1057, 1063)

SEC. 2. Until otherwise provided by law, the contingent fund of the House of Representatives is made available to carry out the purposes of this resolution.90

90 Congressional Record. 91st Cong., 2d Sess. v. 116, Pt. 31, December 17, 1970: 42194, 42195.

H. Res. 282 passed the House April 27, 1971. This resolution provided pay comparability adjustments for certain House employees whose pay rates were specifically fixed by House Resolutions. The resolution provided for an increase of 6 per centum of the per annum gross rate of pay for each employee (except an employee who is an elected officer of the House) whose pay is disbursed by the Clerk of the House and is fixed at a specific rate by House resolution. The resolution was passed, as follows:

Mr. THOMPSON of New Jersey. Mr. Speaker, by direction of the Committee on House Administration, I call up House Resolution 282 and ask for its immediate consideration.

The Clerk read the resolution as follows:

HOUSE RESOLUTION 282

Resolved, That until otherwise provided by law, effective as of February 1, 1971, the per annum gross rate of pay of each employee (except an employee who is an elected officer of the House) whose pay is disbursed by the Clerk of the House and is fixed at a specific rate by House resolution is increased by an amount equal to 6 per centum of his per annum gross rate of pay. No rate of pay shall be increased by reason of the adoption of this resolution to an amount in excess of the rate of basic pay of level V of the Executive Schedule contained in section 5316 of title 5, United States Code. The contingent fund of the House is made available to carry out the purposes of this resolution.

Mr. THOMPSON of New Jersey (during the reading). Mr. Speaker, I ask unanimous consent that further reading of the resolution be dispensed with and that it be printed in the RECORD.

The SPEAKER. Is there objection to the request of the gentleman from New Jersey? There was no objection.

The resolution was agreed to.

A motion to reconsider was laid on the table.91

The December 15, 1971 Supplemental Appropriations Act, P.L. 92-184, for the fiscal year ending June 30, 1972, enacted into permanent law H. Res. 449, relating to additional positions for the Capitol Police for the House.92 H. Res. 449 passed the House June 2, 1971, and had four main provisions: The first provision added 214 men to the Capitol police force of the House side; the second provision established a six-man canine corps, to be sued for sniffing of explosives and for other duties; the third provision would provide for overtime pay for the Capitol Police, who had been working a 6-day week with no overtime pay since the March 1 bombing of the Capitol; and the fourth provision established a permanent method of handling future emergencies for payment of overtime pay by designating the Committee on House Administration as the authority for such declaration.93 The resolution was passed, as follows:

CREATING ADDITIONAL POSITIONS, AND PROVIDING A SYSTEM OF OVERTIME PAY, FOR THE U.S. CAPTIOL POLICE UNDER THE HOUSE

Mr. GRAY. Mr. Speaker, by direction of the Committee on House Administration, I submit a privileged report (Rept. No. 92-244) on the resolution (H. Res. 449), creating additional positions on the U.S. Capitol Police Force for duty under the House of Representatives and providing a system of overtime pay for the U.S. Capitol Police under the House, and ask for immediate consideration of the resolution. The Clerk read the resolution, as follows:

91 Congressional Record. 92nd Cong., 1st Sess. v. 117, Pt. 9, April 27, 1971: 12079. 92 85 Stat. 627, 636. See also infra 87 Stat. 1079.

93 Congressional Record. 92nd Cong., 1st Sess. v. 117, Pt. 13, June 2, 1971: 17497.