CAPITAL POLICE REORGANIZATION ACT OF 1954 TUESDAY, JUNE 22, 1954 HOUSE OF REPRESENTATIVES, COMMITTEE ON HOUSE ADMINISTRATION, Washington, D. C. The committee met at 10 a. m., Hon. Karl M. LeCompte (chairman) presiding. Members present: Mr. LeCompte, Mr. Bishop, Mr. Morano, Mr. Schenck, Mr. Carrigg, Mr. Corbett, Mr. Cole, Mr. Merrill, Mr. Lipscomb, Mr. Burleson, Mr. Deane, Mr. Byrd, Mr. Moss, Mr. Friedel, Mr. Ashmore. The CHAIRMAN. The committee will come to order. The committee has met this morning to hear testimony on H. R. 9413. (The bill referred to is as follows:) [H. R. 9413, 83d Cong., 2d sess.] A BILL To reorganize the Capitol Police force in order to increase its efficiency in the performance of its duties Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. SHORT TITLE SECTION 1. This Act may be cited as the "Capitol Police Reorganization Act of 1954." UNITED STATE CAPITOL POLICE DEC. 2. (a) There is hereby established for the protection of the Congress and the United States Capitol Buildings and Grounds a police force which shall be known as the United States Capitol Police (hereinafter referred to as the "Capitol Police force"). (b) The Capitol Police force shall consist of not more than two hundred members, including officers. (c) The Capitol Police force shall be under the direct control and supervision of an officer to be known as the Chief, United States Capitol Police (hereinafter referred to as the "Chief, Capitol Police"), who shall be appointed in accordance with section 3 (a). In case of a vacancy in the office of Chief, Capitol Police, or the suspension of the incumbent, or the incapacity or inability of the incumbent to perform the duties of such office, the Capitol Police Board may authorize another member of the Capitol Police force temporarily to act as, and exercise the functions and powers of, the Chief, Capitol Police. (d) There are hereby transferred to the Capitol Police force all functions and powers vested in the Capitol police, as established by section 1821 of the Revised Statutes of the United States (40 U. S. C., sec. 206),— (1) by section 1826 of the Revised Statutes of the United States (40 U. S. C., sec. 215), (2) by the Act entitled "An Act to protect the public property, turf and grass of the Capitol Grounds from injury," approved April 29, 1876 (40 U. S. C., sec. 214), and (3) by section 9 of the Act entitled "An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes, approved July 31, 1946 (40 U. S. C., sec. 212a). 1 APPOINTMENT OF MEMBERS SEC. 3. (a) The members of the Capitol Police force shall be appointed by the Capitol Police Board, without regard to political affiliations and solely on the basis of fitness to perform the duties of the offices or positions to which they are appointed. No individual shall be appointed to any office or position on the Capitol Police force unless he shall have successfully passed a mental examination and a physical examination given for such office or position in accordance with section 4. (b) Except as provided in subsection (c), members of the Capitol Police force (other than the Chief, Capitol Police) shall be appointed from among applicants eligible for appointment under this Act whose names have been submitted to the Capitol Police Board by the Chief, Capitol Police, as provided in this subsection. The Chief, Capitol Police, shall submit with such names his recommendations, based on the results of mental and physical examinations, previous experience, and any other pertinent factors, as to the order in which he believes such applicants to be qualified for appointment. The Capitol Police Board may appoint any one of the applicants whose names are submitted, or it may reject all of them and request the Chief, Capitol Police, to submit the names of other applicants, until an applicant is appointed. The Chief, Capitol Police, in so submitting names to the Board, shall submit three names for each office or position to be filled unless there is not a sufficient number of applicants to permit him to do so, in which case he shall submit two names, and if, for the same reason, that is not possible, one name, for each such office or position. (c) The Capitol Police Board is authorized to prescribe regulations, consistent with this Act, governing the filling of offices or positions on the Capitol Police force, in any grade above that of Private, Class 4, through the appointment of individuals who are already members of the force. EXAMINATIONS FOR APPOINTMENTS SEC. 4. (a) For the purposes of appointments to offices and positions on the Capitol Police force, (1) the Civil Service Commission shall prepare, and give, at such times as the Capitol Police Board shall designate, examinations which will fairly test the relative mental capacity and fitness of the persons examined to perform the duties of the offices or positions to which they may be appointed. (2) the Attending Physician of the Capitol shall prepare and give, at such times as the Capitol Police Board may designate, examinations which will fairly test the physical qualifications of the persons examined to perform the duties of the offices or positions to which they may be appointed. (b) The results of any examination referred to in this section shall be given only to the individual who took the examination, the Chief, Capitol Police, and the Capitol Police Board. REMOVAL FOR PHYSICAL INCAPACITY, AGE BEYOND WHICH MEMBERS MAY NOT SERVE SEC. 5. (a) The Capitol Police Board may at any time require the Chief, Capitol Police, to take a physical examination to be given by the Attending Physician of the Capitol, and if, as a result of such examination, the Attending Physician finds that such Chief is no longer physically qualified to perform the duties of his office he shall be removed from office. (b) The Chief, Capitol Police, may at any time require any member of the Capitol Police force to take a physical examination to be given by the Attending Physician of the Capitol, and if, as a result of such examination, the Attending Physician finds that such member is no longer physically qualified to perform the duties of the office or position he holds he shall be removed from the office or position he holds. (c) No individual may be a member of the Capitol Police force after the last day of the month during which he shall have attained the age of sixty-two years. COMPENSATION SEC. 6. (a) Except as provided in subsections (b) and (c), the annual basic salaries of the members of the Capitol Police force shall be at the rates set forth in the following table: Chief, Capitol Police.. Captain Lieutenant_ Sergeant Chief clerk. Private, Class 4 (3 or more years' service) Private, Class 3 (2 or more but less than 3 years' service). $10,000 8, 500 6, 009 5, 521 5, 521 4, 641 4,378 4, 115 3, 900 (b) The annual basic salary of a private of any class of the force shall be increased by $300 while he is assigned to duty as a station clerk. (c) The annual basic salary of each member of the Capitol Police force (other than the Chief, Capitol Police), in a grade above that of Private, Class 3, shall be increased by $120 at the beginning of the next pay period following each five-year period of continuous service completed in such grade after the date of enactment of this Act. For the purpose of this subsection, service shall not be deemed to have been discontinued by reason of any assignment (with an accompanying increase in basic salary) pursuant to subsection (b). An increase in basic salary under this subsection shall be known as a "longevity increase". (d) Except in the case of appointment to the office of Chief, Capitol Police, any member of the Capitol Police force who is promoted to an office or position in a higher grade in the salary table set out in subsection (a) and who, immediately prior to being appointed to such higher grade was receiving one or more longevity increases under subsection (c), so that his basic salary, as increased by such longevity increases, was in an amount in excess of the basic salary for the higher grade to which he is so promoted, shall, upon appointment to such higher grade, be entitled to the basic salary of such higher grade plus an amount equal to the minimum number of longevity increases which will make his salary in such higher grade not less than the salary he received before being appointed to such higher grade, including longevity increases. (e) Whenever the Chief, Capitol Police, acting under section 11 (e), demotes any member of the Capitol Police force to a lower grade and such member prior to such demotion was receiving one or more longevity increases, such Chief may, in his discretion, exclude from such member's rate of compensation one or more of such longevity increases. (f) For the purpose of determining the longevity increases to which an individual is entitled under this section, service of such individual as a member of the Capitol police as established by section 1821 of the Revised Statutes of the United States shall not be counted. An individual who is appointed to the Capitol Police force under this Act as a private, after having had more than one year, in the aggregate, of Capitol police service, as hereinafter defined, shall be appointed to the grade of Private, Class 2. For purposes of the foregoing sentence the term "Capitol police service" means service as a member of the Capitol police as established by section 1821 of the Revised Statutes of the United States, and service as a temporary member of the Capitol Police force in accordance with section 16. WORKWEEK SEC. 7. Every member of the Capitol Police force shall be granted two days off in each period of seven days, which shall be in addition to any annual leave and sick leave to which he is entitled under this Act, except that whenever the Capitol Police Board determines that an emergency exists which requires the continuous service of all members of the Capitcl Police force, the Board shall suspend the granting of such two days off in seven during such emergency. ANNUAL AND SICK LEAVE SEC. 8. (a) Subsection (b) of section 202 of the Annual and Sick Leave Act of 1951 (5 U. S. C., sec. 2061 (b)) is amended by adding at the end thereof the following new paragraph: "(4) Notwithstanding subparagraph (H) of paragraph (1) of this subsection, this title (except section 204, relating to sick leave) shall apply to members of the United States Capitol Police." (b) Members of the Capitol Police Force shall be entitled, under such regulations as the Capitol Police Board shall prescribe, to leave with pay on account of sickness, not to exceed thirty days in any one calendar year. (c) In the case of any member of the Capitol Police force disabled by injury received, or disease contracted, in the actual discharge of his duty, the Capitol Police Board is authorized to grant such leave with pay in addition to that provided for in subsection (b), as the Attending Physician of the Capitol may recommend. UNIFORMS AND EQUIPMENT SEC. 9. (a) The Capitol Police Board shall determine the uniform to be worn by members of the Capitol Police force, and shall make such regulations as it may deem necessary governing the wearing of such uniform. (b) Members of the Capitol Police force shall be furnished, at Government expense, such uniforms, belts, arms and other personal equipment as the Capitol Police Board may deem necessary for the performance of their duties. The expense of maintaining his uniform in proper condition shall be borne by the member of the force. ATTENDING PHYSICIAN OF THE CAPITOL SEC. 10. In addition to the functions given to him by other provisions of this Act, the Attending Physician of the Capitol shall attend, without charge, all members of the Capitol Police force. SUSPENSION, REMOVAL, AND OTHER DISCIPLINARY ACTION SEC. 11. (a) The Chief, Capitol Police, may be suspended or removed from office by the Capitol Police Board, and any other member of the Capitol Police force may be fined, demoted, suspended, or removed from his office or position by the Chief, Capitol Police, but, except as provided in section 5, only in accordance with the following provisions of this section and only for any of the following causes: (1) Commission of any offense against the laws of the United States (including the laws and ordinances of the District of Columbia) whether before or after conviction thereof in any court; (2) Misconduct in office; and (3) Violation of any regulation made under section 13. (b) The Capitol Police Board may by order suspend (either with or without pay), or remove from office, the Chief, Capitol Police, for any cause specified in subsection (a), but only after such Board (1) has preferred charges against such Chief in writing, (2) has afforded him a reasonable opportunity for hearing on such charges, and (3) has prepared written findings in support of its action. Board shall furnish to such Chief a copy of its order and its findings. The (c) Whenever the Chief, Capitol Police, is so suspended or removed from office, he may file a written appeal with the President pro tempore of the Senate and the Speaker of the House of Representatives on or before the thirtieth day after the date he was furnished a copy of the order and findings of the Capitol Police Board. (d) Whenever an appeal is filed under subsection (c), the President pro tempore of the Senate shall appoint four Senators, two from each of the two major political parties, and the Speaker of the House shall appoint four Representatives, two from each of the two major political parties, who shall sit as an appeals board to hear and act upon such appeal and the decision of such appeals board shall be final. (e) The Chief, Capitol Police, may by order, fine, demote, suspend (either with or without pay), or remove any member of the Capitol Police force for any cause specified in subsection (a), but only after the Chief, Capitol Police, (1) has preferred charges against such member in writing, (2) has afforded such meinber a reasonable opportunity for hearing on such charges, and (3) has prepared written findings in support of his action. The Chief, Capitol Police, shall furnish to the Capitol Police Board and to such member copies of his order and his findings. (f) Whenever a member is fined, demoted, suspended, or removed under authority of subsection (e) he may file with the Capitol Police Board a written appeal on or before the thirtieth day after the date he was furnished a copy of the order and findings of the Chief, Capitol Police. The Capitol Police Board shall hear and act upon such appeal and the decision of the Capitol Police Board shall be final. (g) Any member suspended or removed under this section who is reinstated or restored to duty, on the ground that such suspension or removal was unjusti fied or unwarranted, shall be paid compensation at the same rate as the compensation being received by him immediately prior to such removal or suspension, for the period with respect to which he received no compensation because of such suspension or removal, less any amounts earned by him through other employment during such period, and shall for all purposes except the accumulation of leave be deemed to have rendered service during such period. (h) Any member demoted under this section who is restored to the office or position from which he was demoted, on the ground that such demotion was unjustified or unwarranted, shall be paid compensation at the same rate as the compensation being received by him immediately prior to such demotion, for the period for which he received no compensation with respect to the office or position from which he was demoted, less any amounts he received as compensation with respect to the office or position to which he was demoted. (i) All fines imposed under this section shall be covered into the Treasury of the United States as miscellaneous receipts. (j) No individual removed under this section from any office or position on the Capitol Police force shall be reappointed a member of such force, except that this subsection shall not prohibit reinstatement or restoration to duty of any individual whose removal has been held to have been unjustified or unwarranted. EXTENSION OF CIVIL SERVICE RETIREMENT ACT TO MEMBERS OF THE CAPITOL POLICE FORCE SEC. 12. Clause (c) of section 4 of the Act entitled "An Act to extend the benefits of the Civil Service Retirement Act of May 29, 1930, as amended, to certain employees in the legislative and judicial branches of the Government", approved July 13, 1937 (5 U. S. C., sec. 693d), is amended to read as follows: "(c) the United States Capitol Police,". REGULATIONS SEC. 13. The Capitol Police Board may make, modify, and enforce such regulations, not inconsistent with the provisions of this Act, as it deems necessary for the proper government, conduct, discipline, and good name of the Capitol Police force. GOVERNMENTAL SERVICES AND FACILITIES SEC. 14. All departments, agencies, and instrumentalities of the Federal Government, and of the municipal government of the District of Columbia are authorized and directed to furnish and to make available to the Capitol Police force such of their services and facilities as the Capitol Police Board deems necessary to aid the Capitol Police force in carrying out its duties (including the training of members of such force). DISBURSEMENT OF APPROPRIATIONS SEC. 15. All sums appropriated to carry out this Act shall be disbursed by the Clerk of the House of Representatives. TEMPORARY MEMBERS SEC. 16. (a) Each individual who, immediately prior to the time this Act takes effect, is a member of the Capitol police as established by section 1821 of the Revised Statutes of the United States (40 U. S. C., sec. 206), shall have, from the time this Act takes effect, the status of a temporary member of the Capitol Police force created by this Act, but such individual, while having such status, shall be in the same grade and receive the same rate of compensation held and received by him, and shall continue to be subject to the same provisions of law with respect to retirement to which he was subject, immediately prior to the time this Act takes effect. No such temporary member shall have any right or benefit granted by this Act to members of the Capitol Police force created by this Act, but he shall have the same rights and benefits to which he would be entitled if this Act had not been enacted and he were still serving in the Capitol police established by section 1821 of the Revised Statutes. (b) The Capitol Police Board shall remove, at such times as it deems appropriate, but in any event no later than December 31, 1954, any such temporary member who, on or before December 31, 1954, has not been appointed to the Capitol Police force created by this Act. Any individual removed under this subsection shall be removed under the same terms and conditions, and entitled to the same rights and privileges, as he would be if this Act had not been enacted and he were being removed from the Capitol police as established by section 1821 of the Revised Statutes of the United States (40 U. S. C., sec. 206). |