[110th Congress Public Law 178]
[From the U.S. Government Printing Office]
[DOCID: f:publ178.110]
[[Page 2545]]
U.S. CAPITOL POLICE AND LIBRARY OF CONGRESS POLICE MERGER IMPLEMENTATION
ACT OF 2007
[[Page 121 STAT. 2546]]
Public Law 110-178
110th Congress
An Act
To provide for the transfer of the Library of Congress police to the
United States Capitol Police, and for other purposes. <<NOTE: Jan. 7,
2008 - [H.R. 3690]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: U.S. Capitol Police and
Library of Congress Police Merger Implementation Act of
2007.>> assembled,
SECTION 1. <<NOTE: 2 USC 1901 note.>> 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. <<NOTE: 2 USC 1901 note.>> TRANSFER OF PERSONNEL.
(a) <<NOTE: Effective date.>> 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.
[[Page 121 STAT. 2547]]
(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.--
[[Page 121 STAT. 2548]]
(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--
[[Page 121 STAT. 2549]]
(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. <<NOTE: 2 USC 1901 note.>> TRANSITION PROVISIONS.
(a) Transfer and Allocations of Property and Appropriations.--
(1) In general.--Effective <<NOTE: Effective date.>> 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 <<NOTE: Applicability.>> 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
[[Page 121 STAT. 2550]]
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
[[Page 121 STAT. 2551]]
(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 <<NOTE: Effective date. 2 USC 167
note.>> 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
[[Page 121 STAT. 2552]]
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 <<NOTE: 2 USC 167 note.>> Date.--The amendments made
by this section shall take effect October 1, 2009.
SEC. 5. <<NOTE: 2 USC 141b.>> 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
[[Page 121 STAT. 2553]]
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 <<NOTE: Deadline.>> 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 CON- GRESS 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
[[Page 121 STAT. 2554]]
deposit into the applicable appropriations accounts of the
Capitol Police.''.
(b) Use <<NOTE: 2 USC 143c.>> 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 <<NOTE: 2 USC 1826 note.>> 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 <<NOTE: 2 USC 1901 note.>> Date.--The amendments made
by subsection (a) shall take effect October 1, 2009.
SEC. 8. <<NOTE: 2 USC 1901 note.>> 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
[[Page 121 STAT. 2555]]
(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.
Approved January 7, 2008.
LEGISLATIVE HISTORY--H.R. 3690:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 110-470, Pt. 1 (Comm. on House Administration).
CONGRESSIONAL RECORD, Vol. 153 (2007):
Dec. 5, considered and passed House.
Dec. 17, considered and passed Senate, amended.
Dec. 18, House concurred in Senate amendment.
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