[Congressional Record (Bound Edition), Volume 153 (2007), Part 23]
[House]
[Pages 32230-32234]
[From the U.S. 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 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

[[Page 32231]]

     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;''.

[[Page 32232]]

       (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 ``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

[[Page 32233]]

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.
                                  ____

         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

[[Page 32234]]

     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.

                          ____________________