[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3690 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
December 17, 2007.
Resolved, That the bill from the House of Representatives (H.R.
3690) entitled ``An Act to provide for the transfer of the Library of
Congress police to the United States Capitol Police, and for other
purposes.'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``U.S. Capitol Police and Library of
Congress Police Merger Implementation Act of 2007''.
SEC. 2. TRANSFER OF PERSONNEL.
(a) Transfers.--
(1) Library of congress police employees.--Effective on the
employee's transfer date, each Library of Congress Police
employee shall be transferred to the United States Capitol
Police and shall become either a member or civilian employee of
the Capitol Police, as determined by the Chief of the Capitol
Police under subsection (b).
(2) Library of congress police civilian employees.--
Effective on the employee's transfer date, each Library of
Congress Police civilian employee shall be transferred to the
United States Capitol Police and shall become a civilian
employee of the Capitol Police.
(b) Treatment of Library of Congress Police Employees.--
(1) Determination of status within capitol police.--
(A) Eligibility to serve as members of the capitol
police.--A Library of Congress Police employee shall
become a member of the Capitol Police on the employee's
transfer date if the Chief of the Capitol Police
determines and issues a written certification that the
employee meets each of the following requirements:
(i) Based on the assumption that such
employee would perform a period of continuous
Federal service after the transfer date, the
employee would be entitled to an annuity for
immediate retirement under section 8336(b) or
8412(b) of title 5, United States Code (as
determined by taking into account paragraph
(3)(A)), on the date such employee becomes 60
years of age.
(ii) During the transition period, the
employee successfully completes training, as
determined by the Chief of the Capitol Police.
(iii) The employee meets the qualifications
required to be a member of the Capitol Police,
as determined by the Chief of the Capitol
Police.
(B) Service as civilian employee of capitol
police.--If the Chief of the Capitol Police determines
that a Library of Congress Police employee does not
meet the eligibility requirements, the employee shall
become a civilian employee of the Capitol Police on the
employee's transfer date.
(C) Finality of determinations.--Any determination
of the Chief of the Capitol Police under this paragraph
shall not be appealable or reviewable in any manner.
(D) Deadline for determinations.--The Chief of the
Capitol Police shall complete the determinations
required under this paragraph for all Library of
Congress Police employees not later than September 30,
2009.
(2) Exemption from mandatory separation.--Section 8335(c)
or 8425(c) of title 5, United States Code, shall not apply to
any Library of Congress Police employee who becomes a member of
the Capitol Police under this subsection, until the earlier
of--
(A) the date on which the individual is entitled to
an annuity for immediate retirement under section
8336(b) or 8412(b) of title 5, United States Code; or
(B) the date on which the individual--
(i) is 57 years of age or older; and
(ii) is entitled to an annuity for
immediate retirement under section 8336(m) or
8412(d) of title 5, United States Code, (as
determined by taking into account paragraph
(3)(A)).
(3) Treatment of prior creditable service for retirement
purposes.--
(A) Prior service for purposes of eligibility for
immediate retirement as member of capitol police.--Any
Library of Congress Police employee who becomes a
member of the Capitol Police under this subsection
shall be entitled to have any creditable service under
section 8332 or 8411 of title 5, United States Code,
that was accrued prior to becoming a member of the
Capitol Police included in calculating the employee's
service as a member of the Capitol Police for purposes
of section 8336(m) or 8412(d) of title 5, United States
Code.
(B) Prior service for purposes of computation of
annuity.--Any creditable service under section 8332 or
8411 of title 5, United States Code, of an individual
who becomes a member of the Capitol Police under this
subsection that was accrued prior to becoming a member
of the Capitol Police--
(i) shall be treated and computed as
employee service under section 8339 or section
8415 of such title; but
(ii) shall not be treated as service as a
member of the Capitol Police or service as a
congressional employee for purposes of applying
any formula under section 8339(b), 8339(q),
8415(c), or 8415(d) of such title under which a
percentage of the individual's average pay is
multiplied by the years (or other period) of
such service.
(c) Duties of Employees Transferred to Civilian Positions.--
(1) Duties.--The duties of any individual who becomes a
civilian employee of the Capitol Police under this section,
including a Library of Congress Police civilian employee under
subsection (a)(2) and a Library of Congress Police employee who
becomes a civilian employee of the Capitol Police under
subsection (b)(1)(B), shall be determined solely by the Chief
of the Capitol Police, except that a Library of Congress Police
civilian employee under subsection (a)(2) shall continue to
support Library of Congress police operations until all Library
of Congress Police employees are transferred to the United
States Capitol Police under this section.
(2) Finality of determinations.--Any determination of the
Chief of the Capitol Police under this subsection shall not be
appealable or reviewable in any manner.
(d) Protecting Status of Transferred Employees.--
(1) Nonreduction in pay, rank, or grade.--The transfer of
any individual under this section shall not cause that
individual to be separated or reduced in basic pay, rank or
grade.
(2) Leave and compensatory time.--Any annual leave, sick
leave, or other leave, or compensatory time, to the credit of
an individual transferred under this section shall be
transferred to the credit of that individual as a member or an
employee of the Capitol Police (as the case may be). The
treatment of leave or compensatory time transferred under this
section shall be governed by regulations of the Capitol Police
Board.
(3) Prohibiting imposition of probationary period.--The
Chief of the Capitol Police may not impose a period of
probation with respect to the transfer of any individual who is
transferred under this section.
(e) Rules of Construction Relating to Employee Representation.--
(1) Employee representation.--Nothing in this Act shall be
construed to authorize any labor organization that represented
an individual who was a Library of Congress police employee or
a Library of Congress police civilian employee before the
individual's transfer date to represent that individual as a
member of the Capitol Police or an employee of the Capitol
Police after the individual's transfer date.
(2) Agreements not applicable.--Nothing in this Act shall
be construed to authorize any collective bargaining agreement
(or any related court order, stipulated agreement, or agreement
to the terms or conditions of employment) applicable to Library
of Congress police employees or to Library of Congress police
civilian employees to apply to members of the Capitol Police or
to civilian employees of the Capitol Police.
(f) Rule of Construction Relating to Personnel Authority of the
Chief of the Capitol Police.--Nothing in this Act shall be construed to
affect the authority of the Chief of the Capitol Police to--
(1) terminate the employment of a member of the Capitol
Police or a civilian employee of the Capitol Police; or
(2) transfer any individual serving as a member of the
Capitol Police or a civilian employee of the Capitol Police to
another position with the Capitol Police.
(g) Transfer Date Defined.--In this Act, the term ``transfer date''
means, with respect to an employee--
(1) in the case of a Library of Congress Police employee
who becomes a member of the Capitol Police, the first day of
the first pay period applicable to members of the United States
Capitol Police which begins after the date on which the Chief
of the Capitol Police issues the written certification for the
employee under subsection (b)(1);
(2) in the case of a Library of Congress Police employee
who becomes a civilian employee of the Capitol Police, the
first day of the first pay period applicable to employees of
the United States Capitol Police which begins after September
30, 2009; or
(3) in the case of a Library of Congress Police civilian
employee, the first day of the first pay period applicable to
employees of the United States Capitol Police which begins
after September 30, 2008.
(h) Cancellation in Portion of Unobligated Balance of FEDLINK
Revolving Fund.--Amounts available for obligation by the Librarian of
Congress as of the date of the enactment of this Act from the
unobligated balance in the revolving fund established under section 103
of the Library of Congress Fiscal Operations Improvement Act of 2000 (2
U.S.C. 182c) for the Federal Library and Information Network program of
the Library of Congress and the Federal Research program of the Library
of Congress are reduced by a total of $560,000, and the amount so
reduced is hereby cancelled.
SEC. 3. TRANSITION PROVISIONS.
(a) Transfer and Allocations of Property and Appropriations.--
(1) In general.--Effective on the transfer date of any
Library of Congress Police employee and Library of Congress
Police civilian employee who is transferred under this Act--
(A) the assets, liabilities, contracts, property,
and records associated with the employee shall be
transferred to the Capitol Police; and
(B) the unexpended balances of appropriations,
authorizations, allocations, and other funds employed,
used, held, arising from, available to, or to be made
available in connection with the employee shall be
transferred to and made available under the
appropriations accounts for the Capitol Police for
``Salaries'' and ``General Expenses'', as applicable.
(2) Joint review.--During the transition period, the Chief
of the Capitol Police and the Librarian of Congress shall
conduct a joint review of the assets, liabilities, contracts,
property records, and unexpended balances of appropriations,
authorizations, allocations, and other funds employed, used,
held, arising from, available to, or to be made available in
connection with the transfer under this Act.
(b) Treatment of Alleged Violations of Certain Employment Laws With
Respect to Transferred Individuals.--
(1) In general.--Notwithstanding any other provision of law
and except as provided in paragraph (3), in the case of an
alleged violation of any covered law (as defined in paragraph
(4)) which is alleged to have occurred prior to the transfer
date with respect to an individual who is transferred under
this Act, and for which the individual has not exhausted all of
the remedies available for the consideration of the alleged
violation which are provided for employees of the Library of
Congress under the covered law prior to the transfer date, the
following shall apply:
(A) The individual may not initiate any procedure
which is available for the consideration of the alleged
violation of the covered law which is provided for
employees of the Library of Congress under the covered
law.
(B) To the extent that the individual has initiated
any such procedure prior to the transfer date, the
procedure shall terminate and have no legal effect.
(C) Subject to paragraph (2), the individual may
initiate and participate in any procedure which is
available for the resolution of grievances of officers
and employees of the Capitol Police under the
Congressional Accountability Act of 1995 (2 U.S.C. 1301
et seq.) to provide for consideration of the alleged
violation. The previous sentence does not apply in the
case of an alleged violation for which the individual
exhausted all of the available remedies which are
provided for employees of the Library of Congress under
the covered law prior to the transfer date.
(2) Special rules for applying congressional accountability
act of 1995.--In applying paragraph (1)(C) with respect to an
individual to whom this subsection applies, for purposes of the
consideration of the alleged violation under the Congressional
Accountability Act of 1995--
(A) the date of the alleged violation shall be the
individual's transfer date;
(B) notwithstanding the third sentence of section
402(a) of such Act (2 U.S.C. 1402(a)), the individual's
request for counseling under such section shall be made
not later than 60 days after the date of the alleged
violation; and
(C) the employing office of the individual at the
time of the alleged violation shall be the Capitol
Police Board.
(3) Exception for alleged violations subject to hearing
prior to transfer.--Paragraph (1) does not apply with respect
to an alleged violation for which a hearing has commenced in
accordance with the covered law on or before the transfer date.
(4) Covered law defined.--In this subsection, a ``covered
law'' is any law for which the remedy for an alleged violation
is provided for officers and employees of the Capitol Police
under the Congressional Accountability Act of 1995 (2 U.S.C.
1301 et seq.).
(c) Availability of Detailees During Transition Period.--During the
transition period, the Chief of the Capitol Police may detail
additional members of the Capitol Police to the Library of Congress,
without reimbursement.
(d) Effect on Existing Memorandum of Understanding.--The Memorandum
of Understanding between the Library of Congress and the Capitol Police
entered into on December 12, 2004, shall remain in effect during the
transition period, subject to--
(1) the provisions of this Act; and
(2) such modifications as may be made in accordance with
the modification and dispute resolution provisions of the
Memorandum of Understanding, consistent with the provisions of
this Act.
(e) Rule of Construction Relating to Personnel Authority of the
Librarian of Congress.--Nothing in this Act shall be construed to
affect the authority of the Librarian of Congress to--
(1) terminate the employment of a Library of Congress
Police employee or Library of Congress Police civilian
employee; or
(2) transfer any individual serving in a Library of
Congress Police employee position or Library of Congress Police
civilian employee position to another position at the Library
of Congress.
SEC. 4. POLICE JURISDICTION, UNLAWFUL ACTIVITIES, AND PENALTIES.
(a) Jurisdiction.--
(1) Extension of capitol police jurisdiction.--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 (2 U.S.C. 1961) is
amended by adding at the end the following:
``(d) For purposes of this section, `United States Capitol
Buildings and Grounds' shall include the Library of Congress buildings
and grounds described under section 11 of the Act entitled `An Act
relating to the policing of the buildings of the Library of Congress',
approved August 4, 1950 (2 U.S.C. 167j), except that in a case of
buildings or grounds not located in the District of Columbia, the
authority granted to the Metropolitan Police Force of the District of
Columbia shall be granted to any police force within whose jurisdiction
the buildings or grounds are located.''.
(2) Repeal of library of congress police jurisdiction.--The
first section and sections 7 and 9 of the Act of August 4, 1950
(2 U.S.C. 167, 167f, 167h) are repealed on October 1, 2009.
(b) Unlawful Activities and Penalties.--
(1) Extension of united states capitol buildings and
grounds provisions to the library of congress buildings and
grounds.--
(A) Capitol buildings.--Section 5101 of title 40,
United States Code, is amended by inserting ``all
buildings on the real property described under section
5102(d)'' after ``(including the Administrative
Building of the United States Botanic Garden)''.
(B) Capitol grounds.--Section 5102 of title 40,
United States Code, is amended by adding at the end the
following:
``(d) Library of Congress Buildings and Grounds.--
``(1) In general.--Except as provided under paragraph (2),
the United States Capitol Grounds shall include the Library of
Congress grounds described under section 11 of the Act entitled
`An Act relating to the policing of the buildings of the
Library of Congress', approved August 4, 1950 (2 U.S.C. 167j).
``(2) Authority of librarian of congress.--Notwithstanding
subsections (a) and (b), the Librarian of Congress shall retain
authority over the Library of Congress buildings and grounds in
accordance with section 1 of the Act of June 29, 1922 (2 U.S.C.
141; 42 Stat. 715).''.
(C) Conforming amendment relating to disorderly
conduct.--Section 5104(e)(2) of title 40, United States
Code, is amended by striking subparagraph (C) and
inserting the following:
``(C) with the intent to disrupt the orderly
conduct of official business, enter or remain in a room
in any of the Capitol Buildings set aside or designated
for the use of--
``(i) either House of Congress or a Member,
committee, officer, or employee of Congress, or
either House of Congress; or
``(ii) the Library of Congress;''.
(2) Repeal of offenses and penalties specific to the
library of congress.--Sections 2, 3, 4, 5, 6, and 8 of the Act
of August 4, 1950 (2 U.S.C. 167a, 167b, 167c, 167d, 167e, and
167g) are repealed.
(3) Suspension of prohibitions against use of library of
congress buildings and grounds.--Section 10 of the Act of
August 4, 1950 (2 U.S.C. 167i) is amended by striking ``2 to 6,
inclusive, of this Act'' and inserting ``5103 and 5104 of title
40, United States Code''.
(4) Conforming amendment to description of library of
congress grounds.--Section 11 of the Act of August 4, 1950 (2
U.S.C. 167j) is amended--
(A) in subsection (a), by striking ``For the
purposes of this Act the'' and inserting ``The'';
(B) in subsection (b), by striking ``For the
purposes of this Act, the'' and inserting ``The'';
(C) in subsection (c), by striking ``For the
purposes of this Act, the'' and inserting ``The''; and
(D) in subsection (d), by striking ``For the
purposes of this Act, the'' and inserting ``The''.
(c) Conforming Amendment Relating to Jurisdiction of Inspector
General of Library of Congress.--Section 1307(b)(1) of the Legislative
Branch Appropriations Act, 2006 (2 U.S.C. 185(b)), is amended by
striking the semicolon at the end and inserting the following: ``,
except that nothing in this paragraph may be construed to authorize the
Inspector General to audit or investigate any operations or activities
of the United States Capitol Police;''.
(d) Effective Date.--The amendments made by this section shall take
effect October 1, 2009.
SEC. 5. COLLECTIONS, PHYSICAL SECURITY, CONTROL, AND PRESERVATION OF
ORDER AND DECORUM WITHIN THE LIBRARY.
(a) Establishment of Regulations.--The Librarian of Congress shall
establish standards and regulations for the physical security, control,
and preservation of the Library of Congress collections and property,
and for the maintenance of suitable order and decorum within Library of
Congress.
(b) Treatment of Security Systems.--
(1) Responsibility for security systems.--In accordance
with the authority of the Capitol Police and the Librarian of
Congress established under this Act, the amendments made by
this Act, and the provisions of law referred to in paragraph
(3), the Chief of the Capitol Police and the Librarian of
Congress shall be responsible for the operation of security
systems at the Library of Congress buildings and grounds
described under section 11 of the Act of August 4, 1950, in
consultation and coordination with each other, subject to the
following:
(A) The Librarian of Congress shall be responsible
for the design of security systems for the control and
preservation of Library collections and property,
subject to the review and approval of the Chief of the
Capitol Police.
(B) The Librarian of Congress shall be responsible
for the operation of security systems at any building
or facility of the Library of Congress which is located
outside of the District of Columbia, subject to the
review and approval of the Chief of the Capitol Police.
(2) Initial proposal for operation of systems.--Not later
than October 1, 2008, the Chief of the Capitol Police, in
coordination with the Librarian of Congress, shall prepare and
submit to the Committee on House Administration of the House of
Representatives, the Committee on Rules and Administration of
the Senate, and the Committees on Appropriations of the House
of Representatives and the Senate an initial proposal for
carrying out this subsection.
(3) Provisions of law.--The provisions of law referred to
in this paragraph are as follows:
(A) Section 1 of the Act of June 29, 1922 (2 U.S.C.
141).
(B) The undesignated provision under the heading
``General Provision, This Chapter'' in chapter 5 of
title II of division B of the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999 (2
U.S.C. 141a).
(C) Section 308 of the Legislative Branch
Appropriations Act, 1996 (2 U.S.C. 1964).
(D) Section 308 of the Legislative Branch
Appropriations Act, 1997 (2 U.S.C. 1965).
SEC. 6. PAYMENT OF CAPITOL POLICE SERVICES PROVIDED IN CONNECTION WITH
RELATING TO LIBRARY OF CONGRESS SPECIAL EVENTS.
(a) Payments of Amounts Deposited in Revolving Fund.--Section
102(e) of the Library of Congress Fiscal Operations Improvement Act of
2000 (2 U.S.C. 182b(e)) is amended to read as follows:
``(e) Use of Amounts.--
``(1) In general.--Except as provided in paragraph (2),
amounts in the accounts of the revolving fund under this
section shall be available to the Librarian, in amounts
specified in appropriations Acts and without fiscal year
limitation, to carry out the programs and activities covered by
such accounts.
``(2) Special rule for payments for certain capitol police
services.--In the case of any amount in the revolving fund
consisting of a payment received for services of the United
States Capitol Police in connection with a special event or
program described in subsection (a)(4), the Librarian shall
transfer such amount upon receipt to the Capitol Police for
deposit into the applicable appropriations accounts of the
Capitol Police.''.
(b) Use of Other Library Funds To Make Payments.--In addition to
amounts transferred pursuant to section 102(e)(2) of the Library of
Congress Fiscal Operations Improvement Act of 2000 (as added by
subsection (a)), the Librarian of Congress may transfer amounts made
available for salaries and expenses of the Library of Congress during a
fiscal year to the applicable appropriations accounts of the United
States Capitol Police in order to reimburse the Capitol Police for
services provided in connection with a special event or program
described in section 102(a)(4) of such Act.
(c) Effective Date.--The amendments made by this section shall
apply with respect to services provided by the United States Capitol
Police on or after the date of the enactment of this Act.
SEC. 7. OTHER CONFORMING AMENDMENTS.
(a) In General.--Section 1015 of the Legislative Branch
Appropriations Act, 2003 (2 U.S.C. 1901 note) and section 1006 of the
Legislative Branch Appropriations Act, 2004 (2 U.S.C. 1901 note; Public
Law 108-83; 117 Stat. 1023) are repealed.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect October 1, 2009.
SEC. 8. DEFINITIONS.
In this Act--
(1) the term ``Act of August 4, 1950'' means the Act
entitled ``An Act relating to the policing of the buildings and
grounds of the Library of Congress,'' (2 U.S.C. 167 et seq.);
(2) the term ``Library of Congress Police employee'' means
an employee of the Library of Congress designated as police
under the first section of the Act of August 4, 1950 (2 U.S.C.
167);
(3) the term ``Library of Congress Police civilian
employee'' means an employee of the Library of Congress Office
of Security and Emergency Preparedness who provides direct
administrative support to, and is supervised by, the Library of
Congress Police, but shall not include an employee of the
Library of Congress who performs emergency preparedness or
collections control and preservation functions; and
(4) the term ``transition period'' means the period the
first day of which is the date of the enactment of this Act and
the final day of which is September 30, 2009.
Attest:
Secretary.
110th CONGRESS
1st Session
H. R. 3690
_______________________________________________________________________
AMENDMENT