[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3690 Enrolled Bill (ENR)]
H.R.3690
One Hundred Tenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Thursday,
the fourth day of January, two thousand and seven
An Act
To provide for the transfer of the Library of Congress police to the
United States Capitol Police, and for other purposes.
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 ``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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.