[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