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On page 10 of the report, under "Capitol Police," the following language explains the Committee's recommendation for 38 additional positions for the Senate:
The Sergeant at Arms has requested 47 additional positions for the Capitol Police and an increase of $869,000 in police salaries. Sixty-one new police positions are requested for coverage of the Hart Senate Office Building, to be partially offset by the reduction of 14 positions elsewhere in the Senate side of the Capitol complex.
The Committee has carefully scrutinized the staffing plan for protection of the Hart Building and believes a force of 52 police would provide adequate 24-hour protection for the Hart Building. In addition, there will be some delay in hiring these new personnel. For these reasons, the requested increase of $869,000 for police is reduced to $659,000.
In the same report at page 22, the following language was used: The Committee recommends a total appropriation of $348,775,000 for the House of Representatives. The Committee makes no independent judgment on these requests. The level recommended is that established for the House in H.R. 7073.
Further, at page 24, it was noted: “The Committee recommends the appropriation of the full budget request of $945,000 for general expenses of the Capitol Police.” House Report No. 97-801 (to accompany H.R. 7073) clarified the appropriation of only $945,000 for general expenses for the Capitol Police, (at page 17) to this extent:
A total of 7 police officers will be detailed to the Congress during 1982 on a reimbursable basis from the District of Columbia Metropolitan Police Department. No appropriation is provided for this reimbursement but the 1982 supplemental, H.R. 6863 (see supra 96 Stat. 851) allows the expenditure of unobligated balances under the heading “Capitol Police Board” within the category of Joint Items.
Under "Changes in the Application of Existing Law,” page 37, item 5 was included, as follows:
There is the language that makes permanent the provisions of a House Resolution which ordinarily would expire at the end of a Congress. This long-time practice eliminates the need to reintroduce resolutions containing provisions of a permanent nature at the beginning of each new Congress.
On page 41, under "Limitations and Legislative Provisions,” the following language was used:
The following limitations and legislative provisions not heretofore carried in connection with any appropriation bill are recommended:
1. In connection with “Administrative provisions,” House of Representatives:
SEC. 103. The provisions of H. Res. 244, approved December 16, 1981, establishing 3 additional positions on the Capitol Police Force and abolishing 3 positions, shall be permanent law with respect thereto.
Not included in the House Report, however, was H. Res. 244 as passed by the House December 16, 1981, (See Congressional Record, Daily Edition, v. 127, No. 188, December 16, 1981. p. H9780, 9781) as follows:
PROVIDING FOR UPGRADING OF THREE POSTIONS ON CAPITOL POLICE Mr. MINISH. Mr. Speaker, by direction of the Committee on House Administration, I call up a resolution (H. Řes. 244) providing for upgrading of three positions on the Capitol Police and for other purposes, and ask unanimous consent for its immediate consideration.
The SPEAKER pro tempore. The Clerk will report the resolution.
H. Res. 244 Resolved, That (a) there are established three additional positions on the Capitol Police for duty under the House of Representatives, as specified in subsection (b).
(1) one position as deputy chief;
(3) one position as sergeant.
(1) by the Capitol Police Board, with prior approval of the Committee on House Administration; and
(2) without regard to political affiliation and solely on the basis of fitness to perform the duties of the position involved. SEC. 2. Three positions of private on the Capitol Police for duty under the House of Representatives are abolished.
SEC. 3. 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 carry out this resolution.
AMENDMENT OFFERED BY MR. MINISH
Mr. MINISH. Mr. Speaker, I offer an amendment.
Amendment offered by Mr. Minish: On page 2, strike out line 16 and all that follows through the end of the resolution.
Mr. MINISH. Mr. Speaker, the first section of this resolution establishes three permanent positions on the Capitol Police Force. One position is that of deputy chief, one of inspector, and one of sergeant. At the same time, section 2 abolishes three positions of private from the Capitol Police rolls. Section 3 of this resolution provides for payment of the positions from the contingent fund until permanent funding is available.
Section 4 of the resolution will be deleted by the pending amendment which was suggested by Hon. GARY LEE, ranking minority member of the committee. The amendment has the concurrence of the Sergeant at Arms of the House and the Chief of Police.
Mr. MINISH. Mr. Speaker, I move the pervious question on the amendment and on the resolution. The previous que
ion was ordered. The amendment was agreed to. The resolution, as amended was agreed to.
The title was amended so as to read: “Resolution providing for upgrading of three positions on the Capitol Police.”
A motion to reconsider was laid on the table. The Legislative Branch Appropriations Act of July 14, 1983, P.L. 98–51, for the fiscal year ending September 30, 1984 provided the following for the Capitol Police:
Under "Administrative Provisions," Sec. 110 of the Act, the provisions of House Resolution 625, 97th Congress, agreed to December 9, 1982 was made permanent law.69 House Resolution 625 passed the House on December 9, as follows:
ESTABLISHING ONE ADDITIONAL POSITION ON CAPITOL POLICE FOR DUTY UNDER HOUSE
OF REPRESENTATIVES Mr. MINISH. Mr. Speaker, by direction of the Committee on House Administration, I send to the desk House Resolution 625 and ask unanimous consent for its immediate consideration in the House.
The Clerk read the resolution, as follows:
H. RES. 625 Resolved, That (a) there is established one additional position as captain on the Capitol Police for duty under the House of Representatives. (b) Each appointment to the position under subsection (a) shall be made
(1) by the Capitol Police Board, with prior approval of the Committee on House Administration; and
(2) without regard to political affiliation and solely on the basis of fitness to perform the duties of the position.
SEC. 2. Until otherwise provided by law, there shall be paid out of the contingent fund to the House of Representatives such sums as may be necessary to carry out this resolution. 70
Under "Capitol Police-General Expenses,” the following was provided:
For purchasing and supplying uniforms; the purchase, maintenance, and repair of police motor vehicles, including two-way police radio equipment; contingent expenses, including advance payment for travel for training or other purposes, and expenses associated with the relocation of instructor personnel to and from the Federal Law Enforcement Training Center as approved by the Chairman of the Capitol Police Board, and including $40 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, $1,612,000, to be disbursed by the Clerk of the House: Provided, That the funds used to establish the petty cash fund referred to as “Petty Cash III" which is to provide for the advance of travel expenses attendant to protective assignments shall not exceed $4,000.71
The customary language under “Capitol Police Board” authorizing the detail, and providing for the compensation, of certain Metropolitan Police Department personnel by the District of Columbia Government to the Capitol Police force to comport with assigned duties and levels of responsibility, was as follows:
CAPITOL POLICE BOARD
Funds available for obligations for fiscal year 1984 to enable the Capitol Police Board to provide additional protection for the Capitol Buildings and Grounds, including the Senate and House Office Buildings and the Capitol Power Plant, $213,000, to be disbursed by the Clerk of the House. Such sum shall be expended only for payment of salaries and other expenses of personnel detailed from the Metropolitan Police of the District of Columbia, and the Mayor of the District of Columbia is authorized and directed to make such details upon the request of the Board. Personnel so detailed shall, during the period of such detail, serve under the direction and instructions of the Board and are authorized to exercise the same authority as members of such Metropolitan Police and members of the Capitol Police and to perform such other duties as may be assigned by the Board. Reimbursement for salaries and other expenses of such detail personnel shall be made to the Government of the District of Columbia, and any sums so reimbursed shall be credited to the appropriation or appropriations from which such salaries and expenses are payable and shall be available for all the purposes thereof: Provided, That any person detailed under the authority of this paragraph or under similar authority in the Legislative Branch Appropriation Act, 1942, and the Second Deficiency Appropriation Act, 1940, from the Metropolitan Police of the District of Columbia shall be deemed a member of such Metropolitan Police during the period or periods of any such detail for all purposes of rank, pay, allowances, privileges, and the benefits to the same extent as though such detail had not been made, and at the termination thereof any such person shall have a status with respect to rank, pay, allowances, privileges, and benefits which is not less than the status of such person in such police at the end of such detail.
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 Capitol Buildings for police duty on the Capitol Grounds and on the Library of Congress Grounds.72
70 Congressional Record, Daily Edition, v. 128, No. 144, 97th Cong. 2d Sess. December 9, 1982, p. H 9243.
71 97 Stat. 271.
APPENDIX A. GROWTH OF THE UNITED STATES CAPITOL POLICE FORCE, 1801-1984 1
Legislative branch, Mar. 7, 1867 (ch. 166)
Statutory authority ?
14 Stat. 440-42.
15 Stat. 60.
APPENDIX A. GROWTH OF THE UNITED STATES CAPITOL POLICE FORCE, 1801-1984 1-Continued
Legislative branch, July 31, 1894 (ch. 174)
Statutory authority 2
28 Stat. 165.
39 Stat. 68, 69, 71.