[Congressional Record Volume 153, Number 194 (Tuesday, December 18, 2007)]
[House]
[Pages H16792-H16794]
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 concur in the Senate amendment to 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.
The Clerk read the title of the bill.
The text of the Senate amendment is as follows:
Senate 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
[[Page H16793]]
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
[[Page H16794]]
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.
Mr. BRADY of Pennsylvania. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, the House passed H.R. 3690 on December 5. Aware of the
urgency of this bill, the Senate passed it last night by unanimous
consent with two amendments. One is a technical correction, and the
other is a clarification. Neither makes a policy change.
I know of no controversy and urge the House to concur in the Senate
amendment, clear the bill for the President, and expedite
implementation of this long overdue merger.
Mr. Speaker, I reserve the balance of my time.
Mr. EHLERS. Mr. Speaker, I continue to support H.R. 3690, after its
amendment by the Senate. This bill would provide for the merger between
the Library of Congress Police and the United States Capitol Police.
The Senate has returned this bill with minor technical changes and
clarifying language regarding the computation of annuities for retiring
police officers with prior service. These changes are both accurate and
appropriate, and I thank my colleagues in the other body for their work
on this bill.
As I've said before, I'm confident that while the Library of Congress
Police and the U.S. Capitol Police Force have different protocols and
objectives, this merger will leverage the institutional knowledge of
the Library staff with the expertise of the Capitol Police for the
benefit of both organizations.
I look forward to partnering with Chairman Brady, who's done yeoman
work on this issue, to ensure that the committee maintains ongoing
communications with the Library and Capitol Police so 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 consider any guidance or resources that they require to achieve
long-term success.
I urge my colleagues to join me in supporting this bill, as amended;
and it will ensure that the Library's treasures are protected from harm
and preserved for generations to come.
Mr. Speaker, I yield back the balance of my time.
Mr. BRADY of Pennsylvania. Mr. Speaker, I urge an ``aye'' vote, and
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Pennsylvania (Mr. Brady) that the House suspend the
rules and concur in the Senate amendment to the bill, H.R. 3690.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. BRADY of Pennsylvania. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________