H.R. 3690 (110th): U.S. Capitol Police and Library of Congress Police Merger Implementation Act of 2007

110th Congress, 2007–2009. Text as of Jan 31, 2008 (Passed Congress/Enrolled Bill).

Status & Summary | PDF | Source: GPO

H.R.3690

One Hundred Tenth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Thursday,

the fourth day of January, two thousand and seven

An Act

To provide for the transfer of the Library of Congress police to the United States Capitol Police, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the `U.S. Capitol Police and Library of Congress Police Merger Implementation Act of 2007'.

SEC. 2. TRANSFER OF PERSONNEL.

    (a) Transfers-

      (1) LIBRARY OF CONGRESS POLICE EMPLOYEES- Effective on the employee's transfer date, each Library of Congress Police employee shall be transferred to the United States Capitol Police and shall become either a member or civilian employee of the Capitol Police, as determined by the Chief of the Capitol Police under subsection (b).

      (2) LIBRARY OF CONGRESS POLICE CIVILIAN EMPLOYEES- Effective on the employee's transfer date, each Library of Congress Police civilian employee shall be transferred to the United States Capitol Police and shall become a civilian employee of the Capitol Police.

    (b) Treatment of Library of Congress Police Employees-

      (1) DETERMINATION OF STATUS WITHIN CAPITOL POLICE-

        (A) ELIGIBILITY TO SERVE AS MEMBERS OF THE CAPITOL POLICE- A Library of Congress Police employee shall become a member of the Capitol Police on the employee's transfer date if the Chief of the Capitol Police determines and issues a written certification that the employee meets each of the following requirements:

          (i) Based on the assumption that such employee would perform a period of continuous Federal service after the transfer date, the employee would be entitled to an annuity for immediate retirement under section 8336(b) or 8412(b) of title 5, United States Code (as determined by taking into account paragraph (3)(A)), on 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 police civilian employees to apply to members of the Capitol Police or to civilian employees of the Capitol Police.

    (f) Rule of Construction Relating to Personnel Authority of the Chief of the Capitol Police- Nothing in this Act shall be construed to affect the authority of the Chief of the Capitol Police to--

      (1) terminate the employment of a member of the Capitol Police or a civilian employee of the Capitol Police; or

      (2) transfer any individual serving as a member of the Capitol Police or a civilian employee of the Capitol Police to another position with the Capitol Police.

    (g) Transfer Date Defined- In this Act, the term `transfer date' means, with respect to an employee--

      (1) in the case of a Library of Congress Police employee who becomes a member of the Capitol Police, the first day of the first pay period applicable to members of the United States Capitol Police which begins after the date on which the Chief of the Capitol Police issues the written certification for the employee under subsection (b)(1);

      (2) in the case of a Library of Congress Police employee who becomes a civilian employee of the Capitol Police, the first day of the first pay period applicable to employees of the United States Capitol Police which begins after September 30, 2009; or

      (3) in the case of a Library of Congress Police civilian employee, the first day of the first pay period applicable to employees of the United States Capitol Police which begins after September 30, 2008.

    (h) Cancellation in Portion of Unobligated Balance of FEDLINK Revolving Fund- Amounts available for obligation by the Librarian of Congress as of the date of the enactment of this Act from the unobligated balance in the revolving fund established under section 103 of the Library of Congress Fiscal Operations Improvement Act of 2000 (2 U.S.C. 182c) for the Federal Library and Information Network program of the Library of Congress and the Federal Research program of the Library of Congress are reduced by a total of $560,000, and the amount so reduced is hereby cancelled.

SEC. 3. TRANSITION PROVISIONS.

    (a) Transfer and Allocations of Property and Appropriations-

      (1) IN GENERAL- Effective on the transfer date of any Library of Congress Police employee and Library of Congress Police civilian employee who is transferred under this Act--

        (A) the assets, liabilities, contracts, property, and records associated with the employee shall be transferred to the Capitol Police; and

        (B) the unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the employee shall be transferred to and made available under the appropriations accounts for the Capitol Police for `Salaries' and `General Expenses', as applicable.

      (2) JOINT REVIEW- During the transition period, the Chief of the Capitol Police and the Librarian of Congress shall conduct a joint review of the assets, liabilities, contracts, property records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the transfer under this Act.

    (b) Treatment of Alleged Violations of Certain Employment Laws With Respect to Transferred Individuals-

      (1) IN GENERAL- Notwithstanding any other provision of law and except as provided in paragraph (3), in the case of an alleged violation of any covered law (as defined in paragraph (4)) which is alleged to have occurred prior to the transfer date with respect to an individual who is transferred under this Act, and for which the individual has not exhausted all of the remedies available for the consideration of the alleged violation which are provided for employees of the Library of Congress under the covered law prior to the transfer date, the following shall apply:

        (A) The individual may not initiate any procedure which is available for the consideration of the alleged violation of the covered law which is provided for employees of the Library of Congress under the covered law.

        (B) To the extent that the individual has initiated any such procedure prior to the transfer date, the procedure shall terminate and have no legal effect.

        (C) Subject to paragraph (2), the individual may initiate and participate in any procedure which is available for the resolution of grievances of officers and employees of the Capitol Police under the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) to provide for consideration of the alleged violation. The previous sentence does not apply in the case of an alleged violation for which the individual exhausted all of the available remedies which are provided for employees of the Library of Congress under the covered law prior to the transfer date.

      (2) SPECIAL RULES FOR APPLYING CONGRESSIONAL ACCOUNTABILITY ACT OF 1995- In applying paragraph (1)(C) with respect to an individual to whom this subsection applies, for purposes of the consideration of the alleged violation under the Congressional Accountability Act of 1995--

        (A) the date of the alleged violation shall be the individual's transfer date;

        (B) notwithstanding the third sentence of section 402(a) of such Act (2 U.S.C. 1402(a)), the individual's request for counseling under such section shall be made not later than 60 days after the date of the alleged violation; and

        (C) the employing office of the individual at the time of the alleged violation shall be the Capitol Police Board.

      (3) EXCEPTION FOR ALLEGED VIOLATIONS SUBJECT TO HEARING PRIOR TO TRANSFER- Paragraph (1) does not apply with respect to an alleged violation for which a hearing has commenced in accordance with the covered law on or before the transfer date.

      (4) COVERED LAW DEFINED- In this subsection, a `covered law' is any law for which the remedy for an alleged violation is provided for officers and employees of the Capitol Police under the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.).

    (c) Availability of Detailees During Transition Period- During the transition period, the Chief of the Capitol Police may detail additional members of the Capitol Police to the Library of Congress, without reimbursement.

    (d) Effect on Existing Memorandum of Understanding- The Memorandum of Understanding between the Library of Congress and the Capitol Police entered into on December 12, 2004, shall remain in effect during the transition period, subject to--

      (1) the provisions of this Act; and

      (2) such modifications as may be made in accordance with the modification and dispute resolution provisions of the Memorandum of Understanding, consistent with the provisions of this Act.

    (e) Rule of Construction Relating to Personnel Authority of the Librarian of Congress- Nothing in this Act shall be construed to affect the authority of the Librarian of Congress to--

      (1) terminate the employment of a Library of Congress Police employee or Library of Congress Police civilian employee; or

      (2) transfer any individual serving in a Library of Congress Police employee position or Library of Congress Police civilian employee position to another position at the Library of Congress.

SEC. 4. POLICE JURISDICTION, UNLAWFUL ACTIVITIES, AND PENALTIES.

    (a) Jurisdiction-

      (1) EXTENSION OF CAPITOL POLICE JURISDICTION- Section 9 of the Act entitled `An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes', approved July 31, 1946 (2 U.S.C. 1961) is amended by adding at the end the following:

    `(d) For purposes of this section, `United States Capitol Buildings and Grounds' shall include the Library of Congress buildings and grounds described under section 11 of the Act entitled `An Act relating to the policing of the buildings of the Library of Congress', approved August 4, 1950 (2 U.S.C. 167j), except that in a case of buildings or grounds not located in the District of Columbia, the authority granted to the Metropolitan Police Force of the District of Columbia shall be granted to any police force within whose jurisdiction the buildings or grounds are located.'.

      (2) REPEAL OF LIBRARY OF CONGRESS POLICE JURISDICTION- The first section and sections 7 and 9 of the Act of August 4, 1950 (2 U.S.C. 167, 167f, 167h) are repealed on October 1, 2009.

    (b) Unlawful Activities and Penalties-

      (1) EXTENSION OF UNITED STATES CAPITOL BUILDINGS AND GROUNDS PROVISIONS TO THE LIBRARY OF CONGRESS BUILDINGS AND GROUNDS-

        (A) CAPITOL BUILDINGS- Section 5101 of title 40, United States Code, is amended by inserting `all buildings on the real property described under section 5102(d)' after `(including the Administrative Building of the United States Botanic Garden)'.

        (B) CAPITOL GROUNDS- Section 5102 of title 40, United States Code, is amended by adding at the end the following:

    `(d) Library of Congress Buildings and Grounds-

      `(1) IN GENERAL- Except as provided under paragraph (2), the United States Capitol Grounds shall include the Library of Congress grounds described under section 11 of the Act entitled `An Act relating to the policing of the buildings of the Library of Congress', approved August 4, 1950 (2 U.S.C. 167j).

      `(2) AUTHORITY OF LIBRARIAN OF CONGRESS- Notwithstanding subsections (a) and (b), the Librarian of Congress shall retain authority over the Library of Congress buildings and grounds in accordance with section 1 of the Act of June 29, 1922 (2 U.S.C. 141; 42 Stat. 715).'.

        (C) CONFORMING AMENDMENT RELATING TO DISORDERLY CONDUCT- Section 5104(e)(2) of title 40, United States Code, is amended by striking subparagraph (C) and inserting the following:

        `(C) with the intent to disrupt the orderly conduct of official business, enter or remain in a room in any of the Capitol Buildings set aside or designated for the use of--

          `(i) either House of Congress or a Member, committee, officer, or employee of Congress, or either House of Congress; or

          `(ii) the Library of Congress;'.

      (2) REPEAL OF OFFENSES AND PENALTIES SPECIFIC TO THE LIBRARY OF CONGRESS- Sections 2, 3, 4, 5, 6, and 8 of the Act of August 4, 1950 (2 U.S.C. 167a, 167b, 167c, 167d, 167e, and 167g) are repealed.

      (3) SUSPENSION OF PROHIBITIONS AGAINST USE OF LIBRARY OF CONGRESS BUILDINGS AND GROUNDS- Section 10 of the Act of August 4, 1950 (2 U.S.C. 167i) is amended by striking `2 to 6, inclusive, of this Act' and inserting `5103 and 5104 of title 40, United States Code'.

      (4) CONFORMING AMENDMENT TO DESCRIPTION OF LIBRARY OF CONGRESS GROUNDS- Section 11 of the Act of August 4, 1950 (2 U.S.C. 167j) is amended--

        (A) in subsection (a), by striking `For the purposes of this Act the' and inserting `The';

        (B) in subsection (b), by striking `For the purposes of this Act, the' and inserting `The';

        (C) in subsection (c), by striking `For the purposes of this Act, the' and inserting `The'; and

        (D) in subsection (d), by striking `For the purposes of this Act, the' and inserting `The'.

    (c) Conforming Amendment Relating to Jurisdiction of Inspector General of Library of Congress- Section 1307(b)(1) of the Legislative Branch Appropriations Act, 2006 (2 U.S.C. 185(b)), is amended by striking the semicolon at the end and inserting the following: `, except that nothing in this paragraph may be construed to authorize the Inspector General to audit or investigate any operations or activities of the United States Capitol Police;'.

    (d) Effective Date- The amendments made by this section shall take effect October 1, 2009.

SEC. 5. COLLECTIONS, PHYSICAL SECURITY, CONTROL, AND PRESERVATION OF ORDER AND DECORUM WITHIN THE LIBRARY.

    (a) Establishment of Regulations- The Librarian of Congress shall establish standards and regulations for the physical security, control, and preservation of the Library of Congress collections and property, and for the maintenance of suitable order and decorum within Library of Congress.

    (b) Treatment of Security Systems-

      (1) RESPONSIBILITY FOR SECURITY SYSTEMS- In accordance with the authority of the Capitol Police and the Librarian of Congress established under this Act, the amendments made by this Act, and the provisions of law referred to in paragraph (3), the Chief of the Capitol Police and the Librarian of Congress shall be responsible for the operation of security systems at the Library of Congress buildings and grounds described under section 11 of the Act of August 4, 1950, in consultation and coordination with each other, subject to the following:

        (A) The Librarian of Congress shall be responsible for the design of security systems for the control and preservation of Library collections and property, subject to the review and approval of the Chief of the Capitol Police.

        (B) The Librarian of Congress shall be responsible for the operation of security systems at any building or facility of the Library of Congress which is located outside of the District of Columbia, subject to the review and approval of the Chief of the Capitol Police.

      (2) INITIAL PROPOSAL FOR OPERATION OF SYSTEMS- Not later than October 1, 2008, the Chief of the Capitol Police, in coordination with the Librarian of Congress, shall prepare and submit to the Committee on House Administration of the House of Representatives, the Committee on Rules and Administration of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate an initial proposal for carrying out this subsection.

      (3) PROVISIONS OF LAW- The provisions of law referred to in this paragraph are as follows:

        (A) Section 1 of the Act of June 29, 1922 (2 U.S.C. 141).

        (B) The undesignated provision under the heading `General Provision, This Chapter' in chapter 5 of title II of division B of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (2 U.S.C. 141a).

        (C) Section 308 of the Legislative Branch Appropriations Act, 1996 (2 U.S.C. 1964).

        (D) Section 308 of the Legislative Branch Appropriations Act, 1997 (2 U.S.C. 1965).

SEC. 6. PAYMENT OF CAPITOL POLICE SERVICES PROVIDED IN CONNECTION WITH RELATING TO LIBRARY OF CONGRESS SPECIAL EVENTS.

    (a) Payments of Amounts Deposited in Revolving Fund- Section 102(e) of the Library of Congress Fiscal Operations Improvement Act of 2000 (2 U.S.C. 182b(e)) is amended to read as follows:

    `(e) Use of Amounts-

      `(1) IN GENERAL- Except as provided in paragraph (2), amounts in the accounts of the revolving fund under this section shall be available to the Librarian, in amounts specified in appropriations Acts and without fiscal year limitation, to carry out the programs and activities covered by such accounts.

      `(2) SPECIAL RULE FOR PAYMENTS FOR CERTAIN CAPITOL POLICE SERVICES- In the case of any amount in the revolving fund consisting of a payment received for services of the United States Capitol Police in connection with a special event or program described in subsection (a)(4), the Librarian shall transfer such amount upon receipt to the Capitol Police for deposit into the applicable appropriations accounts of the Capitol Police.'.

    (b) Use of Other Library Funds To Make Payments- In addition to amounts transferred pursuant to section 102(e)(2) of the Library of Congress Fiscal Operations Improvement Act of 2000 (as added by subsection (a)), the Librarian of Congress may transfer amounts made available for salaries and expenses of the Library of Congress during a fiscal year to the applicable appropriations accounts of the United States Capitol Police in order to reimburse the Capitol Police for services provided in connection with a special event or program described in section 102(a)(4) of such Act.

    (c) Effective Date- The amendments made by this section shall apply with respect to services provided by the United States Capitol Police on or after the date of the enactment of this Act.

SEC. 7. OTHER CONFORMING AMENDMENTS.

    (a) In General- Section 1015 of the Legislative Branch Appropriations Act, 2003 (2 U.S.C. 1901 note) and section 1006 of the Legislative Branch Appropriations Act, 2004 (2 U.S.C. 1901 note; Public Law 108-83; 117 Stat. 1023) are repealed.

    (b) Effective Date- The amendments made by subsection (a) shall take effect October 1, 2009.

SEC. 8. DEFINITIONS.

    In this Act--

      (1) the term `Act of August 4, 1950' means the Act entitled `An Act relating to the policing of the buildings and grounds of the Library of Congress,' (2 U.S.C. 167 et seq.);

      (2) the term `Library of Congress Police employee' means an employee of the Library of Congress designated as police under the first section of the Act of August 4, 1950 (2 U.S.C. 167);

      (3) the term `Library of Congress Police civilian employee' means an employee of the Library of Congress Office of Security and Emergency Preparedness who provides direct administrative support to, and is supervised by, the Library of Congress Police, but shall not include an employee of the Library of Congress who performs emergency preparedness or collections control and preservation functions; and

      (4) the term `transition period' means the period the first day of which is the date of the enactment of this Act and the final day of which is September 30, 2009.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.