to detail police from the House Office, Senate Office, and Capitol buildings for police duty on the Capitol Grounds and on the Library of Congress Grounds. 11 The Supplemental Appropriations Act of January 3, 1974, P.L. 93-245, for the fiscal year ending June 30, 1974 did not provide any funds for the Capitol Police, but under "Administrative Provisions' enact H. Res. 398, relating to the United States Capitol Police force under the House of Representatives, into permanent law. 12 H. Res. 398 passed the House June 4, 1973. The resolution authorized the Capitol Police Board, subject to prior approval by the Committee on House Administration, to promote qualified personnel on the Capitol Police force to supervisory positions on the force for duty under the House of Representatives, as follows: 2 new positions of the new rank of inspector, with the single per annum gross rate of pay of $22,304 for each position; 3 additional positions of captain at the existing rate of pay for captains; 3 additional positions of lieutenant at the existing rate of pay for lieutenants; 20 additional positions of sergeant at the existing rate of pay for sergeants; 4 new positions of the new rank of detective with the single per annum gross rate of pay of $11,968 for each position. Section 2 of the resolution provided that the initial appointments of individuals to these 32 positions were to be made from among qualified personnel on the police force under the House, without regard to political affiliation, and solely on the basis of fitness to perform the duties of the position. Each person appointed had to have, prior to the appointment, one year of police experience or of equivalent experience. After these appointments were made, there would be left vacant a total of 32 positions of private, authorized for duty under the House, which would be abolished when the resolution was enacted into law. In addition, the 15 positions of private authorized for duty under the House of Representatives by H. Res. 648, 88th Congress, and enacted as permanent law by P.L. 92-51 (see supra 85 Stat. 144) before the date of adoption of this resolution, but vacant and unfilled on such date would not be filled in the 93rd Congress on and after such date. Effective on the date of enactment of H. Res. 398 as permanent (with the exception of Section 2, which applied only to the 93rd Congress), the 32 positions of private and the 15 positions of private authorized by H. Res. 648, for a total of 47 positions of private would be abolished. H. Res. 398 also amended Section 3 of H. Res. 449, enacted as permanent law by P.L. 92-184 (see supra 85 Stat. 636), which related to overtime pay for officers and members of the Capitol Police by inserting "detective;" immediately after "sergeant;" in subparagraph (A); and by striking out "lieutenant or captain" in subparagraph (B) and inserting in lieu thereof "lieutenant, captain, or inspector." 13 The full text of H. Res. 398 was as follows: "13 SUPERVISORY POSITIONS, U.S. CAPITOL POLICE FORCE, HOUSE OF REPRESENTATIVES Mr. HAYS. Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 398) providing for the promotions to positions of a supervisory capacity on the U.S. Capitol Police force authorized for duty under the House of Representa 11 87 Stat. 538, 539. See also Appendix A. 12 87 Stat. 1071, 1079. See also Appendix A. 13 Congressional Record. 93rd cong. 1st Sess. v. 119, Pt. 14, June 4, 1973: 17812, 17813. tives, to reduce by 15 positions the total number of positions on such force under the House, and for other purposes. The Clerk read as follows: H. RES. 398 Resolved, That (a) in addition to promotions to position of the United States Capitol Police force for duty under the House of Representatives authorized to be made immediately before the date of adoption of this resolution, the Capitol Police Board is hereby authorized to make promotions of qualified personnel on the United States Capitol Police force to positions on such force for duty under the House of Representatives, as follows: (1) two new positions of the new rank of inspector, with the single per annum gross rate of pay of $22,304 for each such position; (2) three additional positions of captain, with the single per annum gross rate of pay for each such additional position equal to the per annum gross rate of pay of each position of captain existing immediately before the adoption of this resolution; (3) three additional positions of lieutenant, with the single per annum gross rate of pay for each such additional position equal to the per annum gross rate of pay of each position of lieutenant existing immediately before the adoption of this resolution; (4) twenty additional positions of sergeant, with the single per annum gross rate of pay for each such additional position equal to the per annum rate of pay of each position of sergeant existing immediately before the adoption of this resolution; and (5) four new positions of the new rank of detective, with the single per annum gross rate of pay of $11,968 for each such position. (b) Each appointment to a position authorized by subsection (c) of this section shall be made by the Capitol Police Board, subject to prior approval of the Committee on House Administration, without regard to political 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 experience. (c) There are hereby authorized to be established on the United States Capitol Police force for duty under the House of Representatives the supervisory positions, and pay rates applicable thereto, described in subsection (a) of this section. SEC. 2. (a) The initial appointments of individuals to the positions authorized by subsection (c) of the first section of this resolution shall be made from among qualified personnel on the United States Capitol Police force under the House of Representatives. Such initial appointments of qualified personnel, and such other appointments of other persons on the United States Capitol Police force as may be made to fill vacancies in any positions on the force left vacant because of such initial appointments of qualified personnel who were incumbents of such positions, shall be made (1) not later than the close of the sixtieth day after the date of adoption of this resolution; and (2) in such manner as to insure that, on the date on or by which all such initial and other appointments have been made, there will remain thirty-two vacant and unfilled positions of private on the United States Capitol Police force authorized for duty under the House of Representatives before the date of adoption of this resolution to which appointments are made without regard to political affiliation and solely on the basis of fitness to perform the duties of the position. Such vacant and unfilled positions of private referred to in subparagraph (2) of this subsection shall not thereafter be filled in the Ninety-third Congress. (b) Fifteen positions of private on the United States Capitol Police force authorized for duty under the House of Representatives under H. Res. 648, Eighty-eighth Congress, adopted June 2, 1964, and enacted as permanent law by the Legislative Branch Appropriation Act, 1972 (85 Stat. 144; Public Law 92-51), before the date of adoption of this resolution but vacant and unfilled on such date shall not be filled in the Ninety-third Congress on and after such date. (c) Section 3 of H. Res. 449, Ninety-second Congress, adopted June 2, 1971, and enacted as permanent law by the Supplemental Appropriations Act, 1972 (85 Stat. 636; Public Law 92-184), relating to overtime pay for officers and members of the United States Capitol Police force under the House of Representatives, shall apply (1) persons holding the new position of detective who, if entitled to overtime pay under such section 3, shall be paid such pay under subparagraph (A) of such section; and (2) persons holding the new position of inspector who, if entitled to overtime pay under such section 3, shall be paid such pay under subparagraph (B) of such section. SEC. 3. Effective on the date of enactment of the provisions of this resolution as permanent (except section 2 which applies only in the Ninety-third Congress to the extent not superseded by other authority)— (1) the thirty-two positions of private described in section 2(a)(2), and the fifteen positions of private described in section 2(b), of this resolution are abolished; and (2) section 3 of H. Res. 449, Ninety-second Congress, adopted June 2, 1971, and enacted as permanent law by the Supplemental Appropriations Act, 1972 (85 Stat. 636; Public Law 92-184), relating to overtime pay for officers and members of the United States Capitol Police force under the House of Representatives (is amended(A) by inserting "detective"; immediately after "sergeant"; in subparagraph (A) of such section; and (B) by striking out "lieutenant or captain" in subparagraph (B) of such section and inserting in lieu thereof "lieutenant, captain, or inspector". SEC. 4. Until otherwise provided by law, there shall be paid out of the contingent fund of the House of Representatives such sums as may be necessary to pay the rates of pay (including overtime pay) and the costs of uniforms and equipment, and to cover other necessary expenses, incident to carrying out the purposes of this resolution. 14 The Joint Resolution (H.J. Res. 1062) of June 30, 1974; P.L. 93324, provided continuing appropriations for the Legislative Branch for fiscal year 1975. The resolution provided funding at the fiscal year 1974 level, until the enactment into law of an appropriation by both Houses, or September 30, 1974, whichever first occurs. 15 The Legislative Branch Appropriations Act of August 13, 1974, P.L. 93-371, for fiscal year ending June 30, 1975, provided for the Sergeant at Arms and Doorkeeper (Senate), effective July 1, 1974, to appoint and fix the compensation of the following positions 12 lieutenants, police force at not to exceed $17,100 per annum each in lieu of 10 lieutenants at $17,100 per annum each; 46 sergeants, police force at not to exceed $14,250 per annum each in lieu of 40 sergeants at $14,250 per annum each; 389 privates, police force at not to exceed $10,830 per annum each in lieu of 342 privates at $10,830 per annum each.16 The Act also amended the Legislative Branch Appropriations Act of 1972, P.L. 92-51 (see supra 85 Stat. 130), to provide officers and members of the Senate detail of the Capitol Police, who worked overtime after July 1, 1974, with paid compensation or compensatory time off for each additional hour of duty, when ordered to perform such duty by proper authority. Each individual was to state, in writing, which was preferable-to receive compensation or to receive compensatory time off for each hour worked. The Capitol Board was authorized to prescribe regulations to carry out this amendment. The amendment appeared in the law, as follows: 5. Effective July 1, 1974, the last full paragraph under the heading "ADMINISTRATIVE PROVISIONS" in the appropriation for the Senate in the Legislative Branch Appropriations Act, 1972, is amended to read as follows: "Each officer or member of the Capitol Police force whose compensation is disbursed by the Secretary of the Senate, who performs duty in addition to the number 14 Ibid. 16 88 Stat. 425, 426. See also Appendix A & B. of hours of his regularly scheduled tour of duty for any day on or after July 1, 1974, is entitled to be paid compensation (when ordered to perform such duty by proper authority) or receive compensatory time off for each such additional hour of duty, except that an officer shall be entitled to such compensation only upon a determination made by the Capitol Police Board with respect to any additional hours. Compensation of an officer or member for each additional hour of duty shall be paid at a rate equal to his hourly rate of compensation in the case of an officer, and at a rate equal to one and one-half times his hourly rate of compensation for a member of such force. The hourly rate of compensation of such officer or member shall be determined by dividing his annual rate of compensation by 2,080. Any officer or member entitled to be paid compensation for such additional hours shall make a written election, which is irrevocable, whether he desires to be paid that compensation or to receive compensatory time off instead for each such hour. Compensation due officers and members under this paragraph shall be paid by the Secretary, upon certification by the Chief of the Capitol Police at the end of each calendar quarter and approval of the Capitol Police Board, 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. Any compensatory time off accrued and not used by an officer or member at the time he is separated from service on the Capitol Police force may not be transferred to any other department, agency, or establishment of the United States Government or the government of the District of Columbia, and no lump-sum amount shall be paid for such accrued time. The Capitol Police Board is authorized to prescribe regulations to carry out this paragraph.”.17 The Act also provided $513,360 for general expenses for the Capitol Police, for 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 received $1,214,255 to provide additional protection for the Capitol Buildings and Grounds, including the Senate and House Office Buildings and the Capitol Power Plant (as noted in previous allocations), for payment of salaries and other expenses of personnel detailed from the Metropolitan Police. The same rule for reimbursement to the government of the District of Columbia for salaries and expenses of detailed personnel, and the rules and regulations regarding authority for detailing, duties, retention of privileges, allowances, rank, and salary were the same as provided in the Legislative Branch Appropriations Act of November 1, 1973, P.L. 93-145, for the fiscal year ending June 30, 1974 (see supra 87 Stat. 538, 539), with the following exceptions: That the Commissioner of the District of Columbia is directed . (5) to elevate and pay the lieutenant under the authority of this paragraph the rank and salary of captain plus $1,625 and such increases in basic compensation as may be subsequently provided by law so long as this position is held by the present incumbent, (6) to elevate and pay the detective sergeant and uniform sergeant detailed under the authority of this paragraph the salary of lieutenant and such increases in basic compensation as may be subsequently provided by law so long as these positions are held by the present incumbents, (9) to elevate and pay the desk sergeant detailed under the authority of this paragraph the rank and salary of uniform sergeant and such increases in basic compensation as may be subsequently provided by law so long as this position is held by the present incumbent, and (10) to elevate and pay the acting sergeant detailed under the authority of this paragraph the rank and salary of uniform sergeant and such increases in basic compensation as may be subsequently provided by law so long as this position is held by the present incumbent. approval from the Capitol Police Board to the Committee on House Administration of the House of Representatives. "(e) No officer or member may, upon the termination of his service as an officer or member of the United States Capitol Police force, transfer accrued compensatory time off for application with respect to his employment by any other department, agency, or establishment of the Federal Government or the District of Columbia. No officer or employee may, upon such termination, receive any lump-sum payment with respect to such accrued compensatory time off. "(f) For purposes of this section- "(1) the term 'officer' includes all personnel of the rank of lieutenant or higher, including inspectors; and "(2) the term 'member' includes all personnel below the rank of lieutenant, including detectives". SEC. 3. There shall be paid out of the contingent fund of the House of Representatives, until otherwise provided by law, such sums as may be necessary to make payments of overtime pay under the provisions of this resolution. officer or employee may, upon such termination, receive any agency, or establishment of the Federal Government with respect to such accrued compensatory time off. time off for application with respect to (f) For purposes of this section member of the United States (e) No officer or mem (1) the term "officer" includes all personnel of the rank of lieutenant or (2) the term "member" includes all personnel below the rank of lieutenant, |