CAPITOL POLICE RETENTION, RECRUITMENT, AND AUTHORIZATION ACT OF 2002
(House of Representatives - June 26, 2002)

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[Pages H4022-H4024]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  CAPITOL POLICE RETENTION, RECRUITMENT, AND AUTHORIZATION ACT OF 2002

  Mr. NEY. Mr. Speaker, I ask unanimous consent that the Committee on 
House Administration be discharged from further consideration of the 
bill (H.R. 5018) to direct the Capitol Police Board to take steps to 
promote the retention of current officers and members of the Capitol 
Police and the recruitment of new officers and members of the Capitol 
Police, and for other purposes, and ask for its immediate consideration 
in the House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore (Mr. LaHood). Is there objection to the 
request of the gentleman from Ohio?
  Mr. HOYER. Mr. Speaker, reserving the right to object, and I do not 
intend to object, but under my reservation I yield to the gentleman 
from Ohio (Mr. Ney), the distinguished chairman of the Committee on 
House Administration.
  Mr. NEY. Mr. Speaker, I thank the gentleman for yielding.
  Mr. Speaker, this is an important resolution, and I want to make sure 
that everybody understands and hears every word of this.
  It is an honor for me to be here today to introduce with the 
gentleman from Maryland (Mr. Hoyer) the Capitol Police Retention, 
Recruitment, and Authorization Act of 2002. The men and women of the 
United States Capitol Police Force have responded in a most 
professional and exceptional manner since the attacks on our country 
last September. Let me point out that they did their jobs before that, 
but the attacks in September obviously put tremendous constraints and 
really tested the system; so I just want to point out that they did 
their jobs before, but since September they have had, I think, an 
unusual situation here in the Nation's Capitol.
  We have all been forced to look at the security and life safety issue 
with new eyes. Our United States Capitol Police are the frontline of 
that effort. They are doing an outstanding job of ensuring the safety 
of every person at the Capitol.
  It is for this reason that we must act today to pass this legislation 
which will give the Capitol Police the resources they need to remain 
fully equipped to handle the security and life safety challenges they 
may encounter.
  Our Capitol Police officers have responded in a tremendous way, in an 
unbelievable fashion to the demand placed upon them as a result of our 
heightened security posture. But this recognition mandates that we 
respond by authorizing an increase in their annual rate of basic 
compensation, as well as authorizing an increase in the number of full-
time positions for the force. This legislation achieves that end.
  Further, we need to recognize not only the hard work and hundreds of 
hours of overtime that the officers have already been called to work, 
but also the sacrifices they and their families are making as a result 
of this increased demand upon them. Therefore, we are authorizing 
changes to the Capitol Police pay regulations to allow for the 
eligibility of and payment for more premium pay retroactive to 
September 11, 2001, the day in which their lives and their workforce 
and their work situation changed forever.
  Additionally, we recognize that since September 11 of last year, 
there are many new attractive opportunities for individuals who have 
law enforcement experience or who are interested in law enforcement 
careers. Because we believe that a career with the United States 
Capitol Police Force provides an individual with an opportunity to be a 
part of the very best an organization can offer, this legislation 
contains certain incentives to both recruit new officers to the force 
and also help retain veteran officers who may be looking for additional 
opportunities. These incentives are not only financial in nature, but 
are also designed to promote the quality of life for officers, both on 
the job and at home with their families.

  I call tonight upon every Member of this House to enthusiastically 
support this legislation today and to send a message to the hard-
working officers of our Capitol Police Force and, additionally, to 
those who may be considering a career with the Capitol Police Force 
that we are behind you all the way. More than that, we are deeply 
appreciative of the service and sacrifice made by all persons who make 
up the United States Capitol Police Force.
  We all know of our two officers who, unfortunately, just within the 
last couple of years, were killed in the line of duty. We all know the 
trauma and the tragedy of that situation. So we know at any point in 
time lives can be lost. We know across this Nation with law enforcement 
and firefighters, people involved in safety services, of the sacrifice 
that they make every day when they make a call and they are not sure 
whether they will return home. So we are here to ensure that the 
Capitol Hill Police Force has the resources they need to continue to be 
the very best in enforcement.
  I also want to close by saying something about our Committee on House 
Administration and about the Capitol Police Force. I want to thank the 
gentleman from Maryland (Mr. Hoyer), the ranking member, and all of the 
members of that committee. Since 9-11, a lot of difficult decisions 
have had to be made, and I can tell my colleagues that the members of 
the committee on both sides of the aisle cooperated at 150 percent 
capability to allow us to continue to make sure that this floor 
operates as the bastion of freedom for the world.
  I also want to tell my colleagues, and I actually said this to 
somebody last night about the gentleman from Maryland (Mr. Hoyer), and 
that is in not one single case or not one single incident did he ever 
inject one ounce of politics. These are difficult decisions where 
somebody could have tinkered and toiled with them or done whatever they 
wanted to do. That never happened. We had a perfect cooperative 
relationship to do what was best for the safety and security of Members 
and visitors and, I may add, the thousands of visitors that come here 
to Washington to visit the people's House. I want to thank the 
gentleman from Maryland (Mr. Hoyer) publicly for an absolutely 
tremendous job since 9-11, and the countless hours of the minority and 
majority staff who have poured in hours to make sure this happened.
  I also want to thank the gentleman from Maryland (Mr. Hoyer) and 
members of this committee for cooperating on this resolution and for 
bringing the idea to me, as the gentleman from Maryland did, and for 
making this work for what is best, and that is the people's House.
  In closing, let me just also say that we all are concerned about 
future generations in this country. That is why we are here. We may 
disagree on this floor over certain issues in how we get down that 
path, but we are all concerned about what happens to the future 
generations in this country. I think that every single Capitol Hill 
police officer, every morning when they get up, they look in the 
mirror, whether it is to hopefully brush their hair or comb their hair, 
or brush their teeth, I should say; when they look in that mirror, what 
they see is a face of the human being that is morally responsible for 
whether this planet is going to be safe, prosperous, and peaceful for 
future generations. They see themselves. They have accepted that 
challenge to

[[Page H4023]]

be morally responsible, to make this a better place. They have accepted 
that challenge to protect this House and this Capitol to make sure that 
we can engage in the energetic give-and-take of public debate that 
makes this the greatest country and, hopefully, makes the world a 
better place to be in.
  Mr. Speaker, I commend them, I salute them, as well as the gentleman 
from Maryland (Mr. Hoyer) and members of the committee; and I urge the 
support of this measure.
  Mr. HOYER. Mr. Speaker, continuing under my reservation, I thank the 
gentleman from Ohio (Mr. Ney) for his remarks. I want to thank him for 
his leadership on this bill and so many others. Before I reference the 
specific provisions of this bill which are very, very important, I hope 
all of our colleagues are pleased with the work of our Committee on 
House Administration, which is charged with the responsibility of 
working on matters that deal with Members, visitors, and staff and 
which deal with other issues of how this institution and our offices 
are maintained and operate. I hope they are pleased, because the 
gentleman from Ohio (Mr. Ney) and I have found a common cause in 
working together without political considerations, without 
partisanship. It is an honor and a privilege to serve with the 
gentleman from Ohio (Mr. Ney) on this committee. As the ranking 
Democratic member of a committee, sometimes one does not feel included. 
That has never been for one second the case on this committee, where we 
work as colleagues and, more than that, as partners, in most cases, in 
lockstep in trying to accomplish objectives that we think are good for 
this House and good for this country. As I say, it is an honor and a 
privilege to serve with the gentleman from Ohio (Mr. Ney).
  Mr. Speaker, since last year's attacks, Capitol Police officers have 
faced extraordinary challenges. For months after the attacks, most 
worked 12-hour shifts, 6 days a week so Congress, the people's House, 
the United States Senate, and the Capitol could continue to operate. 
The 12-hour shifts may have eased, but Capitol Police still confront 
extraordinary challenges. Unfortunately for Congress, its staff and 
visitors, Capitol Police officers also confront extraordinary 
opportunities.
  Now, I say that is bad news for us, because we do not want to lose 
them, but it is a testament to them. As trained law enforcement 
professionals, Capitol Police officers are always in demand by other 
agencies. In these times of heightened security, demand for trained 
personnel has probably never been higher. As a result, the Capitol 
Police is losing trained officers at an alarming rate.
  In just the first 8 months, Mr. Speaker, of fiscal year 2002, the 
Capitol Police have already lost 78 officers to other law enforcement 
agencies and have three more departures pending. This is more than 
double the number lost on average to other law enforcement agencies 
during the last 3 years.
  If this rate continues, the Capitol Police will, by fiscal year's 
end, have lost 122 officers to other agencies; 242 percent over the 3-
year average. This does not even count separations for other reasons. 
This attrition comes as the police strive to raise manpower to 
recommended levels, to respond to heightened security concerns, and 
demands for their services.
  One Federal agency in particular, Mr. Speaker, the new Transportation 
Security Agency, is attracting trained officers from the Capitol Police 
and elsewhere to serve as sky marshals and airport security officers. 
TSA offers compensation that can exceed the average Capitol Police 
officer's pay, and I want my colleagues to hear this and digest it: TSA 
is offering salaries that can exceed the average Capitol Police salary 
by 80 percent or more.

                              {time}  1730

  An 80 percent pay increase is tough for anybody to turn down. There 
is no doubt that TSA's work is vital, but the security of the Capitol 
is vital, as well. Congress has a duty to ensure the Capitol Police can 
attract and retain the people needed to make the Capitol safe.
  This is why the chairman and I introduced H.R. 5018. The bill 
authorizes a 5 percent pay raise for fiscal year 2003 for officers 
through the rank of captain. Raises for higher-ranking officers will be 
discretionary with the Police Board. This gives officers who may be 
thinking of leaving a reason to stay.
  We want them to stay. We are proud of the service they give. We are 
respectful of their training and of their abilities. We want to send a 
strong message that we value their service.
  Mr. Speaker, the bill also increases from 6 to 8 hours the amount of 
annual leave earned per pay period by officers with at least 3 year 
service. As a matter of fairness, the bill authorizes the Board to make 
whole those officers adversely affected during the recent months of 
heavy overtime by limits on premium pay. This will restore to officers 
roughly $350,000 that they earned but did not receive due to these 
limits.
  The bill also authorizes extra pay for officers in specialty 
assignments, as determined by the Board. It lets the Board hire 
experienced officers and employees at salaries above the minimum for a 
particular position when needed and justified.
  It authorizes, as well, a tuition reimbursement program for officers 
taking courses on their own time leading towards a law enforcement-
related degree and authorizes bonuses upon completion of such degrees. 
This will give officers opportunities for professional improvement, 
which should lead in turn, it is our hope, to a more rapid advancement.
  For Congress, this will create a more educated and better Capitol 
Police force. The bill authorizes bonuses for officers and employees 
who recruit others to join the force, potentially turning the entire 
agency into active recruiters.
  Finally, Mr. Speaker, as important as these tangible benefits are, we 
recognize that there are intangible aspects that make any job more 
interesting, helping to persuade veterans to stay and others to seek 
the position. The bill encourages our chief to deploy officers in 
innovative ways, maximizing opportunities to rotate among various posts 
and duties, to be cross-trained for specialty assignments, and to 
utilize fully the skills and talents of individuals.
  More innovative management could greatly enhance the appeal and 
satisfaction of the job, making retention and recruitment easier. I am 
convinced that the chief understands that and has the skill and 
management capability to do just that. If done smartly, it would also 
make the Capitol more secure.
  Mr. Speaker, in the course of developing this bill, the committee 
reached out in many directions for guidance. I met with the new chief, 
Terry Gainer, and Assistant Chief Bob Howe, who offered very solid and 
important ideas. We received suggestions from other senior police 
officials. We received valuable input from the Fraternal Order of 
Police, representing the rank and file, and from numerous officers. We 
sought guidance from the Sergeant at Arms and Police Board. We also 
heard from individual Members concerned about the current attrition and 
who wanted to see it addressed.
  In addition, Mr. Speaker, both the gentleman from Ohio (Mr. Ney) and 
I have had the opportunity of talking to the chairman of the 
Subcommittee on Legislative of the Committee on Appropriations, which 
funds the Capitol Police, and his staff. They have also given very 
positive input into this process.
  Mr. Speaker, this good bill would reduce Capitol Police attrition and 
encourage recruitment. I thank the chairman, as I said at the 
beginning, for his leadership on this issue. We work as a team. It is a 
``we'' committee, not a ``me'' or an ``I'' committee, and it is that 
because of the leadership of the gentleman from Ohio (Mr. Ney). I thank 
him for bringing this bill to the floor, and I urge the House to 
support the chairman.
  Mr. Speaker, I withdraw my reservation of objection.
  The SPEAKER pro tempore (Mr. Kerns). Is there objection to the 
request of the gentleman from Ohio?
  There was no objection.
  The Clerk read the bill, as follows:

                               H.R. 5018

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Capitol Police Retention, 
     Recruitment, and Authorization Act of 2002''.

[[Page H4024]]

     SEC. 2. INCREASE IN ANNUAL RATE OF BASIC COMPENSATION.

       For fiscal year 2003, the Capitol Police Board shall 
     increase the annual rate of basic compensation applicable for 
     officers and members of the Capitol Police for pay periods 
     occurring during the year by 5 percent, except that in the 
     case of officers above the rank of captain the increase shall 
     be made at a rate determined by the Board at its discretion 
     (but not to exceed 5 percent).

     SEC. 3. INCREASE IN RATES APPLICABLE TO NEWLY-APPOINTED 
                   MEMBERS AND EMPLOYEES.

       The Capitol Police Board may compensate newly-appointed 
     officers, members, and civilian employees of the Capitol 
     Police at an annual rate of basic compensation in excess of 
     the lowest rate of compensation otherwise applicable to the 
     position to which the employee is appointed, except that in 
     no case may such a rate be greater than the maximum annual 
     rate of basic compensation otherwise applicable to the 
     position.

     SEC. 4. ADDITIONAL COMPENSATION FOR SPECIALTY ASSIGNMENTS.

       Section 909(e) of the Emergency Supplemental Act, 2002 (40 
     U.S.C. 207b-2(e)), is amended--
       (1) in the heading, by inserting ``and Officers Holding 
     Other Specialty Assignments'' after ``Officers'';
       (2) in paragraph (1), by inserting ``or who is assigned to 
     another specialty assignment designated by the chief of the 
     Capitol Police'' after ``field training officer''; and
       (3) in paragraph (2), by striking ``officer,'' and 
     inserting ``officer or to be assigned to a designated 
     specialty assignment,''.

     SEC. 5. APPLICATION OF PREMIUM PAY LIMITS ON ANNUALIZED 
                   BASIS.

       (a) In General.--Any limits on the amount of premium pay 
     which may be earned by officers and members of the Capitol 
     Police during emergencies (as determined by the Capitol 
     Police Board) shall be applied by the Capitol Police Board on 
     an annual basis and not on a pay period basis.
       (b) Effective Date.--Subsection (a) shall apply with 
     respect to hours of duty occurring on or after September 11, 
     2001.

     SEC. 6. THRESHOLD FOR ELIGIBILITY FOR ADDITIONAL ANNUAL 
                   LEAVE.

       The Capitol Police Board shall provide that an officer or 
     member of the Capitol Police who completes 3 years of 
     employment with the Capitol Police (taking into account any 
     period occurring before, on, or after the date of the 
     enactment of this Act) shall receive 8 hours of annual leave 
     per pay period.

     SEC. 7. FINANCIAL ASSISTANCE FOR HIGHER EDUCATION COSTS.

       (a) Tuition Reimbursement.--
       (1) In general.--The Capitol Police Board shall establish a 
     tuition reimbursement program for officers and members of the 
     Capitol Police who are enrolled in or accepted for enrollment 
     in a degree, certificate, or other program leading to a 
     recognized educational credential at an institution of higher 
     education in a course of study relating to law enforcement.
       (2) Annual cap on amount reimbursed.--The amount paid as a 
     reimbursement under the program established under this 
     subsection with respect to any individual may not exceed 
     $3,000 during any year.
       (3) Approval of regulations.--The program established under 
     this subsection shall take effect upon the approval of the 
     regulations promulgated by the Capitol Police Board to carry 
     out the program by the Committee on House Administration of 
     the House of Representatives and the Committee on Rules and 
     Administration of the Senate.
       (b) Bonus Payments for Completion of Degree.--The Capitol 
     Police Board may make a one-time bonus payment in an amount 
     not to exceed $500 to any officer or member who participates 
     in the program established under subsection (a) upon the 
     officer's or member's completion of the course of study 
     involved.

     SEC. 8. BONUS PAYMENTS FOR OFFICERS AND EMPLOYEES WHO RECRUIT 
                   NEW OFFICERS.

       (a) In General.--The Capitol Police Board may make a one-
     time bonus payment in an amount not to exceed $500 to any 
     officer, member, or civilian employee of the Capitol Police 
     who recruits another individual to serve as an officer or 
     member of the Capitol Police.
       (b) Exemption of Recruitment Officers.--No payment may be 
     made under subsection (a) to any officer, member, or civilian 
     employee who carries out recruiting activities for the 
     Capitol Police as part of the individual's official 
     responsibilities.
       (c) Timing.--No payment may be made under subsection (a) 
     with respect to an individual recruited to serve as an 
     officer or member of the Capitol Police until the individual 
     completes the training required for new officers or members 
     and is sworn in as an officer or member.

     SEC. 9. DEPOSIT OF CERTAIN FUNDS RELATING TO THE CAPITOL 
                   POLICE.

       (a) In General.--
       (1) Disposal of property.--Any funds from the proceeds of 
     the disposal of property of the Capitol Police shall be 
     deposited in the United States Treasury for credit to the 
     appropriation for ``general expenses'' under the heading 
     ``Capitol Police Board'', or ``security enhancements'' under 
     the heading ``Capitol Police Board''.
       (2) Compensation.--Any funds for compensation for damage 
     to, or loss of, property of the Capitol Police, including any 
     insurance payment or payment made by an officer or civilian 
     employee of the Capitol Police for such compensation, shall 
     be deposited in the United States Treasury for credit to the 
     appropriation for ``general expenses'' under the heading 
     ``Capitol Police Board''.
       (3) Reimbursement for services provided to governments.--
     Any funds from reimbursement made by another entity of the 
     Federal government or by any State or local government for 
     assistance provided by the Capitol Police shall be deposited 
     in the United States Treasury for credit to the appropriation 
     for ``general expenses'' under the heading ``Capitol Police 
     Board''.
       (b) Expenditures.--Funds deposited under subsection (a) may 
     be expended by the Capitol Police Board for any authorized 
     purpose (subject to the approval of the Committee on House 
     Administration of the House of Representatives and the 
     Committee on Rules and Administration of the Senate) and 
     shall remain available until expended.
       (c) Effective Date.--This section shall apply with respect 
     to fiscal year 2003 and each succeeding fiscal year.

     SEC. 10. INCREASE IN NUMBER OF AUTHORIZED POSITIONS.

       Effective with respect to fiscal year 2002 and each fiscal 
     year thereafter, the total number of full-time equivalent 
     positions of the United States Capitol Police (including 
     positions for members of the Capitol Police and civilian 
     employees) may not exceed 1,981 positions.

     SEC. 11. DISPOSAL OF FIREARMS.

       The disposal of firearms by officers and members of the 
     United States Capitol Police shall be carried out in 
     accordance with regulations promulgated by the Capitol Police 
     Board and approved by the Committee on Rules and 
     Administration of the Senate and the Committee on House 
     Administration of the House of Representatives.

     SEC. 12. USE OF VEHICLES TO TRANSPORT POLICE DOGS.

       Notwithstanding any other provision of law, an officer of 
     the United States Capitol Police who works with a police dog 
     and who is responsible for the care of the dog during non-
     working hours may use an official Capitol Police vehicle when 
     the officer is accompanied by the dog to travel between the 
     officer's residence and duty station and to otherwise carry 
     out official duties.

     SEC. 13. SENSE OF CONGRESS ON MANAGEMENT OF CAPITOL POLICE.

       It is the sense of Congress that, to the greatest extent 
     possible consistent with the mission of the Capitol Police, 
     the chief of the Capitol Police should seek to deploy the 
     human and other resources of the Police in a manner 
     maximizing opportunities for individual officers to be 
     trained for, and to acquire and maintain proficiency in, all 
     aspects of the Police's responsibilities, and to rotate 
     regularly among different posts and duties, in order to 
     utilize fully the skills and talents of officers, enhance the 
     appeal of their work, and ensure the highest state of 
     readiness.

     SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated for fiscal year 
     2003 and each succeeding fiscal year such sums as may be 
     necessary to carry out this Act and the amendments made by 
     this Act.

     SEC. 15. EFFECTIVE DATE.

       Except as otherwise provided, this Act and the amendments 
     made by this Act shall apply with respect to pay periods 
     occurring during fiscal year 2003 and each succeeding fiscal 
     year.

  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.

                          ____________________