[Congressional Record Volume 153, Number 185 (Wednesday, December 5, 2007)]
[House]
[Pages H14207-H14211]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
U.S. CAPITOL POLICE AND LIBRARY OF CONGRESS POLICE MERGER
IMPLEMENTATION ACT OF 2007
Mr. BRADY of Pennsylvania. Mr. Speaker, I move to suspend the rules
and pass the bill (H.R. 3690) to provide for the transfer of the
Library of Congress police to the United States Capitol Police, and for
other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3690
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 or before 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
subsection 8339 or 8415; but
(ii) shall not be treated as service as a member of the
Capitol Police or service as a congressional employee for
purposes of computing the amount of any benefit payable out
of the Civil Service Retirement and Disability Fund.
(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
[[Page H14208]]
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
[[Page H14209]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania (Mr. Brady) and the gentleman from Michigan (Mr. Ehlers)
each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania.
General Leave
Mr. BRADY of Pennsylvania. Mr. Speaker, I ask unanimous consent that
all Members may have 5 legislative days in which to revise and extend
their remarks on the bill now under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
Mr. BRADY of Pennsylvania. I yield myself such time as I may consume.
As chairman of the House Administration Committee, I am pleased to
recommend H.R. 3690, the United States Capitol Police and Library of
Congress Police Merger Implementation Act of 2007, to the House. This
bill will implement the merger of the Library Police into the Capitol
Police. Our committee believes the merger plan contained in this bill
is sound and that Congress should enact it as soon as possible.
This day has been a long time coming. In 2003, Congress passed
legislation merging the Library Police and the Capitol Police. The goal
was to create
[[Page H14210]]
``seamless security'' on Capitol Hill. The legislation called for the
two agencies to develop a merger plan for congressional approval.
Since 2003, many people in both agencies devoted countless hours to
the task. For several reasons, 4 years later, the merger has not yet
been implemented. This is unfortunate. Much valuable time has been
lost.
It's time to get on with it. If done carefully and well, this merger
will make Capitol Hill more secure for the millions who visit every
year and the thousands privileged to work here every day.
Briefly, H.R. 3690 will implement the merger plan written by the
Library and the Capitol Police and jointly recommended to our committee
and our Senate counterpart. Under their plan, all Library Police
employees will move to the Capitol Police by September 30, 2009.
Library officers who meet age and service requirements and who complete
Capitol Police training will continue as officers. Library officers who
do not meet those requirements will be offered Capitol Police civilian
jobs.
This is important: under this plan, nobody will lose their job or
suffer a reduction in pay, rank, leave, or other benefits. Officers now
represented by the Library's Fraternal Order of Police will transfer to
the Capitol Police's FOP who will bargain with management over
seniority and other labor matters that may arise during the merger.
The plan shifts jurisdiction over Library buildings in Washington to
the Capitol Police. The Librarian will retain responsibility for design
of security systems and will issue regulations to protect his
collections and maintain order. Finally, the bill provides for handling
employment-related claims during the transition and authorizes Library
reimbursement of Capitol Police costs for special events. As PAYGO
rules require, a minor increase in direct spending is fully offset.
Mr. Speaker, the committee believes this is a sound plan. I commend
everyone involved in both agencies, especially for ensuring that nobody
loses a job or pay. It has been my pleasure working with the gentleman
from Michigan (Mr. Ehlers) who spent much time on this matter while
chairman of the committee during the last Congress. We would not be
here today without his efforts. I urge an ``aye'' vote.
I reserve the balance of my time.
Mr. EHLERS. Mr. Speaker, I thank the gentleman from Pennsylvania for
his kind words and particularly for his leadership on this issue and
finally bringing it to fruition. As he said, it has taken far too long.
But now it is here and we are doing it right.
I rise in support of H.R. 3690, the U.S. Capitol Police and Library
of Congress Police Merger Implementation Act of 2007, which will
provide for the merger between the Library of Congress Police and the
United States Capitol Police.
While bringing together two law enforcement bodies may seem like an
easy proposition, whenever you have two entities with existing
cultures, established protocols, and disparate missions, it is
important to conduct a merger of those two groups thoughtfully and with
due diligence. This, we have attempted to do.
While the Library of Congress Police and the U.S. Capitol Police both
serve and protect the Congress and its assets, they do so in very
different capacities. The U.S. Capitol Police are primarily charged
with securing the Capitol buildings, Members of Congress, staff and
visitors and providing an emergency planning and response function in
the event of a terrorist attack or other unplanned activity.
{time} 1600
Its core mission is too important to set aside even in the interest
of completing this merger. The Library has a mission to serve the
Congress and provide essential materials to enable Members and staff to
get the information they need to craft effective legislation and
perform other essential duties. One very important yet incomplete
undertaking within the Library is to conduct a complete inventory of
its collection, not only to have an accurate record of what materials
are in its possession, but to also create a baseline for measurement of
its inventory control efforts going forward. The committee is working
closely with Library staff to ensure that progress continues to be made
on the inventory of its collections, despite the additional work and
effort required to unite these two law enforcement bodies.
The Library and the U.S. Capitol Police have studied the effects of
this merger on executing their core operations and how problematic
aspects might be mitigated. I am confident that both organizations will
continue to carry out their core functions with the level of excellence
that the Congress has come to expect.
Over the past 4 years, through numerous hearings and countless
meetings with staff of both organizations, the Library and the Capitol
Police have exhibited a commitment to apply the law enforcement
expertise of the U.S. Capitol Police to the unique needs of the
Library, creating an organization that will be greater than the sum of
its parts. They have worked to put in place policies and procedures
that will ensure that this union is successful and that it achieves the
desired objectives of both organizations. Still, this merger marks a
beginning, not an end.
As ranking member of the Committee on House Administration, I look
forward to working with Chairman Brady to make certain that, going
forward, both organizations have the resources and assistance they need
to successfully integrate their law enforcement divisions. In
particular, we wish to provide the Library and the Capitol Police with
a means to communicate with the Congress on the progress of the merger
and impart any guidance or resources that they require to achieve long-
term success. I urge our colleagues to join me in supporting this bill
which will help ensure that the Library's treasures are protected from
harm and preserved for generations to come.
I want to once again thank Chairman Brady and the other members of
the committee for their hard work on this very, very difficult issue.
It seemed easy, but it wasn't, and I'm pleased that we finally have
achieved this good result.
I also want to thank Chief Morris of the U.S. Capitol Police who has
handled this very well and gone through some very delicate
negotiations. In addition, the administration of the Library has been
very helpful in trying to reach agreement, and they, of course, have
very legitimate concerns about their needs to protect their collection,
and they, one and all, have been very helpful in working with us.
Madam Speaker, I have no further requests for time, and I yield back
the balance of my time.
Mr. BRADY of Pennsylvania. Madam Speaker, for the Record, I include
the following exchange of letters between the Committee on Oversight
and Government Reform and the Committee on House Administration
concerning H.R. 3690:
House of Representatives, Committee on Oversight and
Government Reform,
Washington, DC, December 5, 2007.
Hon. Robert A. Brady
Chairman, Committee on House Administration, Washington, DC.
Dear Chairman Brady: I am writing to confirm our mutual
understanding with respect to the consideration of H.R. 3690,
the U.S. Capitol Police and Library of Congress Police Merger
Implementation Act of 2007.
As you know, on November 7, 2007, the Committee on House
Administration ordered H.R. 3690 reported to the House. The
Committee on Oversight and Government Reform appreciates your
effort to consult regarding those provisions of H.R. 3690
that fall within the Oversight Committee's jurisdiction. More
specifically, those sections involving the federal workforce.
In the interest of expediting consideration of H.R. 3690,
the Oversight Committee will not separately consider this
bill. The Oversight Committee does so, however, with the
understanding that this does not prejudice the Oversight
Committee's jurisdictional interests and prerogatives
regarding this bill or similar legislation.
I respectfully request your support for the appointment of
outside conferees from the Oversight Committee should H.R.
3690 or a similar bill be considered in conference with the
Senate.
I also request that you include our exchange of letters on
this matter in the Congressional Record during consideration
of this legislation on the House floor.
Thank you for your attention to these matters.
Sincerely,
Henry A. Waxman
Chairman.
[[Page H14211]]
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House of Representatives, Committee on House
Administration,
Washington, DC, December 5, 2007.
Hon. Henry Waxman,
Chairman, Committee on Oversight and Government Reform, House
of Representatives, Washington, DC.
Dear Mr. Chairman: I write to confirm our mutual
understanding with respect to your claim of jurisdiction
regarding H.R. 3690, the U.S. Capitol Police and Library of
Congress Police Implementation Act of 2007. As you know, the
Committee on House Administration reported H.R. 3690 to the
House on December 4, 2007.
Given the importance of moving this legislation forward
promptly, I appreciate your decision not to pursue your claim
of jurisdiction at this time and your willingness to allow it
to move forward today. Furthermore, I agree that this action
in no way diminishes or alters the jurisdictional interest of
our respective committees with regard to future legislation.
Sincerely,
Robert A. Brady,
Chairman.
I have no further requests for time, and I yield back the balance of
my time.
The SPEAKER pro tempore (Ms. Solis). The question is on the motion
offered by the gentleman from Pennsylvania (Mr. Brady) that the House
suspend the rules and pass the bill, H.R. 3690, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________