[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.