69–006 

110TH CONGRESS REPT. 110–470 " ! HOUSE OF REPRESENTATIVES 1st Session Part 1 

U.S. CAPITOL POLICE AND LIBRARY OF CONGRESS 

POLICE MERGER IMPLEMENTATION ACT OF 2007 

DECEMBER 4, 2007.—Ordered to be printed 

Mr. BRADY of Pennsylvania, from the Committee on House 

Administration, submitted the following 

R E P O R T 

[To accompany H.R. 3690] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on House Administration, to whom was referred 

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, having considered the same, report favorably thereon 

with an amendment and recommend that the bill as amended do 

pass. 

The amendment (stated in terms of the page and line numbers 

of the introduced bill) is as follows: 

Page 7, insert after line 19 the following: 

(3) PROHIBITING IMPOSITION OF PROBATIONARY PERIOD.—The Chief of the Capitol Police may not impose 

a period of probation on any individual who is transferred under this section. 

PURPOSE OF THE LEGISLATION

The U.S. Capitol Police and Library of Congress Police Merger 

Implementation Act of 2007 (H.R. 3690) would establish a framework and initiate the process of merging the two police agencies as 

provided for by Section 1015 of Legislative Branch Appropriations 

Act, 2003 (Public Law 108–7). 

BILL SUMMARY

H.R. 3690 would implement the merger plan developed jointly by 

the Capitol Police (USCP) and the Library of Congress (LoC) and 

recommended to the Committee. Under the plan, a transition peVerDate Aug 31 2005 07:15 Dec 05, 2007 Jkt 069006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR470P1.XXX HR470P1

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riod would extend from the enactment of the bill through October 

1, 2009, with the merger completed by that date. 

To accomplish that goal, the bill would: (1) establish guidelines 

for the determination of roles, duties, and retirement eligibility of 

LoC Police officers and civilian employees; (2) authorize the transfer of property and appropriations related to the LoC Police; (3) expand the definition of U.S. Capitol buildings and grounds to include the LoC buildings and grounds for purposes of law enforcement and the regulation of unlawful activities and use of lands; (4) 

specify the roles of the Librarian and the Chief of the USCP regarding the design and operation of security systems; and (5) authorize LoC to reimburse the USCP for costs incurred when providing services during a special event or program held at the Library. 

COMMITTEE CONSIDERATION

On June 27, 2007, the Committee held a hearing on the implementation plan recommended jointly by the Capitol Police and the 

Library. The details of the plan were embodied in the bill H.R. 

3690 introduced by Chairman Brady and Ranking Minority Member Ehlers on September 27, 2007. On November 7, 2007, the Committee considered H.R. 3690 and ordered it reported favorably to 

the House with one amendment. No recorded votes were taken during the Committee’s consideration of the bill. 

BACKGROUND AND NEED FOR H.R. 3690 

The idea of merging the federal law enforcement agencies operating on Capitol Hill has been discussed for many years. Proponents offered two principal rationales for such a merger: better 

security, and potential savings. Initial discussions included potential mergers of the Capitol Police with the police forces of the Library of Congress, the Government Printing Office and the Supreme Court. 

As the perceived level of threat to the Capitol rose after the 

events of September 11, 2001, and the anthrax attack on Congress 

the following month, interest focused on merging the LoC Police 

and USCP because the Library and the Capitol are physically connected through the House office buildings, and will be connected directly after the opening of the Capitol Visitor Center. In 2003 Congress enacted legislation to merge the police agencies in order to 

create ‘‘seamless security’’ on Capitol Hill. 

The 2003 merger legislation, carried in an appropriations act 

with no hearings in authorizing committees, required the affected 

agencies to devise an implementation plan subject to congressional 

approval. An implementation plan developed in the summer of 

2003 was estimated to cost $24 million or more, and encountered 

sundry concerns about how to reconcile the differing missions of 

the two police forces, one focused on protection from external 

threats, the other focused on protecting against loss of valuable assets. A Senate merger proposal addressed some of these concerns 

but left the issue of ‘‘collection security’’ largely unresolved and left 

older employees uncertain about their fate by requiring their termination. That proposal, added to an appropriations bill (H.R. 5521, 


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109th Cong.), was dropped from the full-year 2007 continuing resolution enacted in February 2007. 

New leadership in the House Administration Committee made 

completing the merger a top priority, insisting that LoC and USCP 

develop a plan suitable to both the agencies and appropriate for 

their employees. In June 2007, the agencies agreed on a plan, 

which they endorsed during a hearing before the Committee on 

June 27. The Senate Appropriations Committee added substantially similar language to its fiscal 2008 legislative appropriations 

bill (S. 1686). 

The bill (H.R. 3690) would implement the LoC/USCP merger 

plan. Under the plan, all LoC police employees (both officers and 

civilians) would transfer to USCP by September 30, 2009. Transferring LoC officers must meet age and certain qualifications to be established by the USCP Chief; LoC officers who cannot complete 20 

years of Federal service by age 60 will be offered USCP civilian 

jobs. Transferred LoC employees may not suffer loss of pay, rank, 

grade, accrued leave or compensatory time through transfer, and 

will earn more generous USCP retirement credit from the transfer 

date. Since the LoC Police force will be abolished, officers represented by the Fraternal Order of Police (FOP) bargaining unit 

will become part of the USCP FOP bargaining unit, which will resolve through collective bargaining issues such as seniority or other 

terms and conditions arising from the merger. 

The bill transfers law enforcement jurisdiction over the Library 

buildings and grounds in the District of Columbia to the USCP. 

The Librarian of Congress will have primary responsibility for the 

design of security systems, and issue regulations to protect his collections and maintain decorum. Finally, the bill authorizes reimbursement by LoC of USCP costs for special events held at the 

LoC. 

In addition to the support of the Library and USCP, H.R. 3690 

has the support of the House Sergeant at Arms, the Honorable Wilson Livingood. Despite its support for the merger at the Committee’s June 27 hearing, the Library Fraternal Order of Police has 

criticized the plan for subjecting transferring Library officers to the 

Capitol Police mandatory retirement age (currently Library officers 

face no mandatory retirement). The USCP FOP bargaining unit 

supports H.R. 3690. Letters from the House Sergeant at Arms, a 

member of the Capitol Police Board, which makes policy for the 

Capitol Police; the Librarian of Congress; and the Capitol Police 

Fraternal Order of Police Lodge follow: 


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ANALYSIS OF THE BILL (AS REPORTED) 

Section 1. Short title (‘‘The U.S. Capitol Police and Library of 

Congress Police Merger Implementation Act of 2007’’). 

Section 2. The section would transfer Library of Congress Police 

uniformed and civilian employees. Under this provision, LoC police 

civilian employees would become civilian employees of the USCP, 

while members of the LoC police would become either uniformed or 

civilian employees of the Capitol Police, at the discretion of the 

Chief of the Capitol Police. 

The section would establish eligibility criteria for the transfer of 

uniformed Library of Congress police employees. This language 

would include the requirement that any employee transferring to 

a uniformed position in the USCP be eligible for an immediate retirement by age 60. The employee would also be required to successfully complete training. Those LoC police employees not meeting these criteria would become USCP civilian employees. Determinations made by the Chief regarding a transferring employee’s 

status, which would not be appealable under this section, are to be 

made by September 30, 2009. 

The section would provide, under specified conditions, a temporary exemption from mandatory separation provisions pertaining 

to the Capitol Police included in Title 5 of the United States Code. 

The applicability of these provisions, which require most Capitol 

Police officers to retire at age 57, would be delayed until the date 

on which an employee transferring to a noncivilian position on the 

USCP is eligible for retirement. This exemption would apply only 

to those Library of Congress Police employees that the Chief determines would be eligible to serve as a member of the USCP. As stated above, the Chief will base this determination in part on the requirement that such an employee be able to retire on or before 

reaching 60 years of age. Prior creditable service would be included 

in determining an employee’s retirement eligibility. The bill would 

authorize the Chief of the Capitol Police to determine the duties of 

LoC employees transferred to civilian positions in the USCP. The 

determination of these duties would not be appealable. 

The section provides that transfer of employees may not result 

in the reduction of basic pay, rank, or grade. All leave accrued by 

an employee of the Library of Congress Police, including annual, 

sick and compensatory, would be transferred, and its use would be 

governed by the Capitol Police Board. The bill prohibits the Chief 

from imposing any period of probation upon any employee transferred through the merger. Labor union representation or collective 

bargaining agreements applicable to current Library of Congress 

police and police civilian employees would not be applicable after 

the transfer to the USCP. 

The section stipulates that the act does not affect the authority 

of the Chief of the Capitol Police to terminate any civilian or uniformed member of the USCP. The Chief would also retain the authority to reassign any employee of the USCP. 

Finally, the section specifies the transfer dates for Library of 

Congress police and civilian employees. Library Police civilian employees would be transferred at the start of the first pay period beginning after September 30, 2008. Library Police officers continuing as Capitol Police officers would transfer at the start of the 


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first pay period beginning after they are determined eligible by the 

Chief. For Library Police officers who would become Capitol Police 

civilian employees, the transfer date would be the first pay period 

after September 30, 2009. This is the date by which the Capitol Police Chief must determine the status for all Library Police employees to be transferred pursuant to the merger. 

Section 3. Section 3 would provide for the transfer of property 

and appropriations associated with any police or civilian employee 

of the LoC Police. Appropriations would be transferred to either the 

U.S. Capitol Police ‘‘Salaries’’ or ‘‘General Expenses’’ account, as 

applicable. The Chief of the USCP and the Librarian of Congress 

would be directed to conduct a joint review of the items and funds 

available for transfer. 

The section also addresses the effect of the transfer on any procedures available for the consideration of alleged violations of employment laws. It would terminate any procedure available to employees of the Library, while authorizing an individual to initiate 

procedures applicable to the Capitol Police under the Congressional 

Accountability Act. 

The Chief would be authorized to detail, without reimbursement, 

members of the Capitol Police to the Library during the transition 

period. The Memorandum of Understanding between the Library of 

Congress and the U.S. Capitol Police entered into on December 12, 

2004 would be continued, subject to the provisions of the bill. The 

Librarian, prior to the transfer of employees, would retain the authority to terminate LoC police or police civilian employees. He 

could also transfer these employees to other positions within the 

Library. 

Section 4. This section would redefine the Capitol Police jurisdiction to include the Library buildings and grounds. It would also repeal the jurisdiction of the Library of Congress police effective October 1, 2009. It would make additional conforming amendments 

including provisions concerning unlawful activities and use of lands 

pertaining to the U.S. Capitol buildings and grounds applicable to 

the Library, although the Librarian would retain certain authorities. References to certain offenses specific to the Library—including, for example, restrictions on the use of Library grounds, injury 

to Library property, and prosecution for offenses in Library buildings and grounds—would be repealed. It would also add language 

to the provision authorizing the Library’s Inspector General to conduct and supervise audits and investigations relating to the Library, specifying that this authority does not extend to investigations of the Capitol Police. 

Section 5. Section 5 would allow the Librarian of Congress to establish guidelines and regulations regarding control of Library 

property and collections. The Librarian and the Chief of the USCP 

would be responsible for the operation of the security systems. The 

Librarian would have responsibility for the design of security systems, as well as their operation at facilities outside of the District 

of Columbia, subject to the review and approval of the Chief. The 

Chief and the Librarian would be required to submit a proposal for 

complying with these requirements by October 1, 2008, to the Committee on House Administration, the Senate Committee on Rules 

and Administration, and the Committees on Appropriations of the 

Senate and the House of Representatives. 


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Section 6. Section 6 would clarify how the Capitol Police may be 

reimbursed for the costs incurred in providing services during a 

special event or program at the Library. These special events include a limited number of events sponsored by corporations or 

501(c)(3) charitable organizations in Library facilities. The bill 

would amend previous legislation to allow the Librarian to transfer 

funds deposited in the Library revolving fund by the sponsor to the 

USCP for services provided in connection with an event. The bill 

would also authorize the use of funds made available for Library 

salaries and expenses for this purpose. 

Section 7. This section would include conforming provisions that 

repeal previous legislation providing for the merger, including the 

provisions contained in the FY2003 and FY2004 Legislative Branch 

Appropriations Acts. The repeal would be effective October 1, 2009. 

Section 8. This section would provide definitions and U.S. Code 

citations, where applicable, for: (1) an act referenced in the bill; (2) 

the terms ‘‘Library of Congress Police employees’’ and ‘‘Library of 

Congress Police civilian employee’’; and (3) the transition period, 

which will begin on the date of enactment of the bill and end on 

September 30, 2009. 

MATTERS REQUIRED UNDER THE RULES OF THE HOUSE

Constitutional authority 

Clause 3(d)(1) of House Rule XIII requires each committee report 

on a public bill or joint resolution to include a statement citing the 

specific constitutional power(s) granted to the Congress on which 

the Committee relies for enactment of the measure under consideration. 

The Committee cites the legislative power broadly granted to 

Congress under Article I. Since 1828, the Congress has employed 

the Capitol Police as one element of its exercise of ‘‘exclusive jurisdiction over the District constituting seat of Government.’’ As an 

exercise of Congress’ exclusive jurisdiction, H.R. 3690 would implement the merger of the Library of Congress Police into the Capitol 

Police, expanding the latter’s duties to include jurisdiction over Library facilities in the District of Columbia. The Committee finds 

this legislation within the Congress’ constitutional power under Article I. 

Committee votes 

Clause 3(b) of House Rule XIII requires the results of each recorded vote on an amendment or motion to report, together with 

the names of those voting for and against, to be printed in the committee report. No recorded votes were taken during the Committee’s consideration of H.R. 3690. 

Congressional Budget Office estimate 

Clause 3(c)(3) of House Rules XIII requires the report of a committee on a measure which has been approved by the committee to 

include a cost estimate prepared by the Director of the Congressional Budget Office pursuant to section 403 of the CBA, if timely 

submitted. The Director submitted the following estimate: 


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U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, November 15, 2007. 

Hon. ROBERT A. BRADY, 

Chairman, Committee on House Administration, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3690, the U.S. Capitol Police and Library of Congress Police Merger Implementation Act of 

2007. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Deborah Reis. 

Sincerely, 

ROBERT A. SUNSHINE

(For Peter R. Orszag, Director). 

Enclosure. 

H.R. 3690—U.S. Capitol Police and Library of Congress Police 

Merger Implementation Act of 2007 

H.R. 3690 would merge the Library of Congress Police (LOCP) 

and the U.S. Capitol Police (USCP). Assuming appropriation of the 

necessary amounts, CBO estimates that implementing the bill 

would cost $2 million over the 2008–2010 period and less than 

$500,000 a year thereafter. We estimate that enacting the bill also 

would cause small annual increases in both revenues and direct 

spending, resulting in a net increase in the federal deficit of about 

$1 million over the 2008–2017 period. 

The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, or tribal governments. 

Under H.R. 3690, about 100 civilian employees and police officers 

of the LOCP would transfer to the USCP over the next three years. 

Based on information provided by the LOCP and the USCP and assuming the availability of appropriated funds, CBO estimates that 

merging the two police forces would cost less than $1 million in 

each of fiscal years 2008 through 2010, primarily for one-time 

training expenses and purchases of equipment, weapons, and uniforms. We estimate that annual costs in later years would be less 

than $500,000. 

The transfer of police officers to the USCP retirement system 

also would entail higher pension benefit costs and employee contributions to pension funds because the Capitol Police have slightly 

higher pension benefits and contribution rates. CBO estimates that 

the transfer would increase revenue (from employee retirement 

contributions) by less than $500,000 per year beginning in 2009 

and outlays (for retirement benefits) by a similar amount beginning 

in 2010. The net increase in the deficit related to these pension 

changes would total less than $1 million over the 2008–2017 period. 

The CBO staff contacts for this estimate are Deborah Reis (for 

discretionary costs) and David Rafferty (for police pensions). This 

estimate was approved by Theresa Gullo, Deputy Assistant Director for Budget Analysis. 


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Federal mandates 

Section 423 of the CBA requires a committee report on any public bill or joint resolution that includes a federal mandate to include 

specific information about such mandates. The Committee states 

that H.R. 3690 includes no federal mandates. 

Preemption clarification 

Section 423 of the CBA requires a committee report on any public bill or joint resolution to include a committee statement on the 

extent to which the measure is intended to preempt state or local 

law. The Committee states that H.R. 3690 is not intended to preempt any state or local law. 

Oversight findings 

Clause 3(c)(1) of rule XIII requires each committee report to contain oversight findings and recommendations required pursuant to 

clause 2(b)(1) of House Rule X. The Committee has general oversight responsibility for both the U.S. Capitol Police and the Library 

of Congress. 

In 2003, Congress enacted legislation (Sec. 1015 of the Legislative Branch Appropriations Act, 2003 (Pub. L. 108–7) providing for 

the merger of the Library of Congress Police into the Capitol Police. In the exercise of its oversight responsibilities, the Committee 

finds the implementation plan developed by the agencies to be 

sound. The Committee recommends enactment of H.R. 3690, with 

one amendment, in order to accomplish the merger objective established in 2003. 

Statement of general performance goals and objectives 

Clause 3(c)(4) of House Rule XIII requires committee reports to 

include a statement of general performance goals and objectives. 

The Committee believes the agencies’ plan, as embodied in H.R. 

3690 and recommended to the House with one amendment, will 

yield an efficient implementation of the police merger provided for 

in 2003. 

Congressional ‘‘earmarks’’

Clause 9 of House Rule XXI requires committee reports on public 

bills and resolutions to contain an identification of congressional 

‘‘earmarks,’’ limited tax benefits, limited tariff benefits, and the 

names of requesting Members. The bill contains no such items either as introduced or as reported to the House. 

Congressional Accountability Act applicability 

Section 102(b)(3) of the Congressional Accountability Act of 1995 

(Pub. L. 104–1) (CAA) requires each report on a public bill or joint 

resolution relating to terms and conditions of employment or access 

to public services or accommodations to describe the manner in 

which the legislation apply to the Legislative Branch. 

Currently, employment-related claims raised by LoC employees 

(including LoC police officers) are resolved using the same procedures available to Executive-branch agencies, while the Capitol Police employment-related claims are resolved under the procedures 

established by the CAA. Transfer of employees from an agency subject to one procedure to one using another procedure raises jurisdicVerDate Aug 31 2005 07:15 Dec 05, 2007 Jkt 069006 PO 00000 Frm 00012 Fmt 6659 Sfmt 6602 E:\HR\OC\HR470P1.XXX HR470P1

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tional and other issues potentially complicating efficient resolution 

of claims arising during the transfer period. The bill provides for 

termination of certain claims filed by Library employees being 

merged and authorizes their re-filing under the CAA. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

ACT OF JULY 31, 1946 

(Public Law 79–707) 

AN ACT To define the area of the United States Capitol Grounds, to regulate the 

use thereof, and for other purposes. 

* * * * * * * 

SEC. 9. (a) * * * 

* * * * * * * 

(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. 

* * * * * * * 

ACT OF AUGUST 4, 1950 

AN ACT Relating to the policing of the buildings and grounds of the Library of 

Congress. 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, That the Librarian of Congress may designate employees of the Library of Congress as police for duty with respect to the Library of Congress 

buildings and adjacent streets. The rank structure and pay for employees so designated shall be the same as the rank structure and 

pay for the Capitol Police. 

øSEC. 2. Public travel in and occupancy of the Library of Congress grounds is restricted to the sidewalks and other paved surfaces. 

øSEC. 3. It shall be unlawful to offer or expose any article for sale 

in the Library of Congress buildings or grounds; to display any 

sign, placard, or other form of advertisement therein; or to solicit 

fares, alms, subscriptions, or contributions therein. 

øSEC. 4. It shall be unlawful to step or climb upon, remove, or 

in any way inure any statue, seat, wall fountain, or other erection 


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or achitectural feature, or any tree, shrub, plant, or turf in the Library of Congress buildings or grounds. 

øSEC. 5. It shall be unlawful to discharge any firearm, firework 

or explosive, set fire to any combustible, make any harangue or 

oration, or utter loud, threatening, or abusive language in the Library of Congress buildings or grounds. 

øSEC. 6. It shall be unlawful to parade, stand, or move in processions or assemblages in the Library of Congress buildings or 

grounds, or to display therein any flag, banner, or device designed 

or adapted to bring into public notice any party, organization, or 

movement. 

øSEC. 7. (a) In addition to the restrictions and requirements specified in sections 2 to 6, inclusive, of this Act, the Librarian of Congress may prescribe such regulations as may be deemed necessary 

for the adequate protection of the Library of Congress buildings 

and grounds and of persons and property therein, and for the 

maintenance of suitable order and decorum within the Library of 

Congress buildings and grounds. 

ø(b) All regulations promulgated under the authority of this section shall be printed in one or more of the daily newspapers published in the District of Columbia, and shall not become effective 

until the expiration of ten days after the date of such publication. 

øSEC. 8. Whoever violates any provision of sections 2 to 6, inclusive, of this Act, or of any regulation prescribed under section 7 of 

this Act, commits a Class B misdemeanor, prosecution of such offenses to be had in the municipal court for the District of Columbia, upon information by the United States attorney or any of his 

assistants: Provided, That in any case where, in the commission of 

any such offense, public property is damaged in an amount exceeding $100, the person commits a Class D felony. 

øSEC. 9. The police provided for in section 1 of this Act shall have 

the power, within the Library of Congress buildings and grounds 

and adjacent streets, to enforce and make arrests for violations of 

any provision of sections 2 to 6, inclusive, of this Act, of any regulation prescribed under section 7 of this Act, or of any law of the 

United States, any law of the District of Columbia, or of any State, 

or any regulation promulgated pursuant thereto: Provided, That 

the Metropolitan Police force of the District of Columbia are hereby 

authorized to make arrests within the Library of Congress buildings and grounds for any violations of any such laws or regulations, 

but such authority shall not be construed as authorizing the Metropolitan Police force, except with the consent or upon the request of 

the Librarian of Congress or his assistants, to enter the Library of 

Congress buildings to make arrests in response to complaints or to 

serve warrants or to patrol the Library of Congress buildings or 

grounds.¿ 

SEC. 10. In order to permit the observance of authorized ceremonies within the Library of Congress buildings and grounds, the 

Librarian of Congress may suspend for such occasions so much of 

the prohibitions contained in sections ø2 to 6, inclusive, of this Act¿ 

5103 and 5104 of title 40, United States Code as may be necessary 

for the occasion, but only if responsible officers shall have been appointed, and arrangements determined which are adequate, in the 

judgment of the Librarian, for the maintenance of suitable order 


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and decorum in the proceedings, and for the protection of the Library buildings and grounds and of persons and property therein. 

SEC. 11. (a) øFor the purposes of this Act the¿ The Library of 

Congress grounds shall be held to extend to the line of the face of 

the east curb of First Street Southeast, between B Street Southeast 

and East Capitol Street; to the line of the face of the south curb 

of East Capitol Street, between First Street Southeast and Second 

Street Southeast; to the line of the face of the west curb of Second 

Street Southeast, between East Capitol Street and B Street Southeast; to the line of the face of the north curb of B Street Southeast, 

between First Street Southeast and Second Street Southeast; and 

to the line of the face of the east curb of Second Street Southeast, 

between Pennsylvania Avenue Southeast and the north side of the 

alley separating the Library Annex Building and the Folger Shakespeare Library; to the line of the north side of the same alley, between Second Street Southeast and Third Street Southeast; to the 

line of the face of the west curt of Third Street Southeast, between 

the north side of the same alley and B Street Southeast; to the line 

of the face of the north curb of B Street Southeast, between Third 

Street Southeast and Pennsylvania Avenue Southeast; to the line 

of the face of the northeast curb of Pennsylvania Avenue Southeast, between B Street Southeast and Second Street Southeast. 

(b) øFor the purposes of this Act, the¿ The term ‘‘Library of Congress buildings and grounds’’ shall include (1) the whole or any 

part of any building or structure which is occupied under lease or 

otherwise by the Library of Congress and is subject to supervision 

and control by the Librarian of Congress, (2) the land upon which 

there is situated any building or structure which is occupied wholly 

by the Library of Congress, and (3) any subway or enclosed passageway connecting two or more buildings or structures occupied in 

whole or part by the Library of Congress. 

(c) øFor the purpose of this Act, the¿ The term ‘‘Library of Congress buildings and grounds’’ shall include (1) all real property in 

lot 51 in square 869 in the District of Columbia, as that lot appears 

on the records in the office of the Surveyor of the District of Columbia on August 1, 1990, extending to the outer face of the curbs of 

the square in which it is located and including all alleys or parts 

of alleys and streets within the lot lines and curb lines surrounding 

such real property, and (2) improvements to such real property. 

(d) øFor the purposes of this Act, the¿ The term ‘‘Library of Congress buildings and grounds’’ shall include the following property: 

(1) * * * 

* * * * * * * 

TITLE 40, UNITED STATES CODE 

* * * * * * * 

SUBTITLE II—PUBLIC BUILDINGS AND WORKS 

* * * * * * * 


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PART B—UNITED STATES CAPITOL 

* * * * * * * 

CHAPTER 51—UNITED STATES CAPITOL BUILDINGS 

AND GROUNDS 

§ 5101. Definition 

In this chapter, the term ‘‘Capitol Buildings’’ means the United 

States Capitol, the Senate and House Office Buildings and garages, 

the Capitol Power Plant, all buildings on the real property described under section 5102(c) (including the Administrative Building of the United States Botanic Garden) all buildings on the real 

property described under section 5102(d), all subways and enclosed 

passages connecting two or more of those structures, and the real 

property underlying and enclosed by any of those structures. 

§ 5102. Legal description and jurisdiction of United States 

Capitol Grounds 

(a) * * * 

* * * * * * * 

(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). 

* * * * * * * 

§ 5104. Unlawful activities 

(a) * * * 

* * * * * * * 

(e) CAPITOL GROUNDS AND BUILDINGS SECURITY.—

(1) * * * 

(2) VIOLENT ENTRY AND DISORDERLY CONDUCT.—An individual or group of individuals may not willfully and knowingly—

(A) * * * 

* * * * * * * 

ø(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 either House of Congress or a Member, committee, officer, or 

employee of Congress or either House of Congress;¿ 

(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—


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(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; 

* * * * * * * 

SECTION 1307 OF THE LEGISLATIVE BRANCH 

APPROPRIATIONS ACT, 2006 

SEC. 1307. INSPECTOR GENERAL OF THE LIBRARY OF CONGRESS. 

(a) * * * 

(b) OFFICE OF INSPECTOR GENERAL.—There is an Office of Inspector General within the Library of Congress which is an independent objective office to—

(1) conduct and supervise audits and investigations (excluding incidents involving violence and personal property) relating 

to the Library of Congressø;¿, 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; 

* * * * * * * 

SECTION 102 OF THE LIBRARY OF CONGRESS FISCAL 

OPERATIONS IMPROVEMENT ACT OF 2000 

SEC. 102. REVOLVING FUND FOR GIFT SHOP, DECIMAL CLASSIFICATION, PHOTO DUPLICATION, AND RELATED SERVICES. 

(a) * * * 

* * * * * * * 

ø(e) USE OF AMOUNTS.—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.¿ 

(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. 

* * * * * * * 


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SECTION 1015 OF THE LEGISLATIVE BRANCH 

APPROPRIATIONS ACT, 2003 

øSEC. 1015. TRANSFER OF LIBRARY OF CONGRESS POLICE TO THE

UNITED STATES CAPITOL POLICE. (a) TRANSFER OF LIBRARY OF CONGRESS POLICE TO THE UNITED STATES CAPITOL POLICE.—

ø(1) TRANSFER OF PERSONNEL AND FUNCTIONS.—There are 

transferred to the United States Capitol Police—

ø(A) each Library of Congress Police employee; and 

ø(B) any functions performed under the first section of 

the Act of August 4, 1950 (2 U.S.C. 167) and section 9 of 

that Act (2 U.S.C. 167h) (as in effect immediately before 

the effective date of this section). 

ø(2) EFFECT ON PERSONNEL.—

ø(A) ANNUAL AND SICK LEAVE.—Any annual or sick leave 

to the credit of an individual transferred under paragraph 

(1) shall be transferred to the credit of that individual as 

an employee of the United States Capitol Police. 

ø(B) SERVICE PERFORMED FOR RETIREMENT PURPOSES.—

For those Library of Congress Police employees transferred 

under paragraph (1)(A), any period of service performed by 

a Library of Congress Police employee shall be deemed to 

be service performed as a member of the United States 

Capitol Police for purposes of chapters 83 and 84 of title 

5, United States Code. 

ø(C) VACANCIES.—Notwithstanding any other provision 

of law, upon the date of enactment of this section and until 

completion of the transfer under paragraph (1), vacancies 

in Library of Congress police employee positions, if filled, 

shall be filled in accordance with the employment standards of the United States Capitol Police, to the extent 

practicable as determined by the Chief of the Capitol Police. 

ø(3) EFFECTIVE DATE OF TRANSFER OF PERSONNEL AND FUNCTIONS.—Library of Congress employees transferred to the 

United States Capitol Police under paragraph (1)(A), and Library of Congress functions transferred under paragraph (1)(B) 

shall be transferred to the United States Capitol Police upon 

approval of the Committees on Appropriations of the House 

and Senate and the appropriate authorizing committees. 

ø(b) TRANSITION.—

ø(1) IMPLEMENTATION PLAN.—

ø(A) PLAN.—Not later than 180 days after the date of 

enactment of this section, the Chief of the Capitol Police 

shall prepare and submit to the appropriate committees of 

Congress for approval, and to the Capitol Police Board and 

the Librarian of Congress, a plan—

ø(i) describing the policies and procedures, and actions the Chief of the Capitol Police will take in implementing the transfer provisions under this section; 

ø(ii) establishing dates by which Library of Congress 

personnel and functions authorized to be transferred 

under subsection (a)(1) shall be transferred to the 

United States Capitol Police; 


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ø(iii) in consultation with the Librarian of Congress, 

providing for the performance of law enforcement and 

protection functions relating to the buildings and 

grounds of the Library of Congress, including collections security, within the overall security responsibilities of the United States Capitol Police; 

ø(iv) recommending legislative changes needed to 

implement the transfers under subsection (a)(1), including—

ø(I) identifying options for addressing how to 

apply United States Capitol Police retirement provisions to such transferred personnel; 

ø(II) identifying options related to providing voluntary separation incentives to transferred personnel; and 

ø(III) identifying options to ensure the Librarian 

of Congress maintains appropriate authority to 

execute his security responsibilities; 

ø(v) detailing the mechanisms to be used by the 

Chief of the Capitol Police for ensuring that Library of 

Congress employees transferred to the United States 

Capitol Police under subsection (a)(1) are not adversely affected by the transfer with respect to pay; 

ø(vi) addressing—

ø(I) how United States Capitol Police training 

and qualification requirements will be applied to 

Library of Congress employees transferred under 

subsection (a)(1); and 

ø(II) the overall training needs of the merged 

police force; and 

ø(vii) providing an analysis of the cost implications 

of implementing the plan. 

ø(2) IMPLEMENTATION REPORT.—Not later than 1 year after 

the date of enactment of this section, and annually thereafter 

until the transfer is fully implemented, the Chief of the Capitol 

Police shall prepare and submit a report to the appropriate 

committees of Congress, the Capitol Police Board, and the Librarian of Congress, on the Chief of the Capitol Police’s 

progress in implementing the plan required in paragraph 

(1)(A) of this subsection, including any adjustments to cost estimates or legislative changes needed to implement the provisions of this section. 

ø(c) DEFINITIONS.—In this section—

ø(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’’, approved August 4, 1950 (2 U.S.C. 

167 et seq.); and 

ø(2) the term ‘‘Library of Congress Police employee’’—

ø(A) 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) (as in effect immediately before 

the effective date of this section); and 

ø(B) does not include any civilian employee performing 

police support functions. 


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ø(d) EFFECTIVE DATE.—Except as otherwise provided in this section, this section shall take effect on the date of enactment of this 

section.¿ 

SECTION 1006 OF THE LEGISLATIVE BRANCH 

APPROPRIATIONS ACT, 2007 

øSEC. 1006. TRAINING, DETAILING, AND HIRING AUTHORITY PENDING TRANSFER OF LIBRARY OF CONGRESS POLICE EMPLOYEES. (a) 

TRAINING AND DETAILING.—

ø(1) IN GENERAL.—To provide for a more effective and efficient transfer under section 1015 of the Legislative Branch Appropriations Act, 2003 (2 U.S.C. 1901 note)—

ø(A) the Chief of the Capitol Police shall provide for 

training, on a reimbursable basis, of Library of Congress 

Police employees who on the date of enactment of this Act, 

are 42 years of age or less and have 5 years or less of service as a Library of Congress Police employee, which shall 

be supplemental to Library of Congress Police training; 

ø(B) the Librarian of Congress may detail, with or without reimbursement, Library of Congress Police employees 

to the Capitol Police; and 

ø(C) the Chief of the Capitol Police may detail, on a reimbursable basis, members of the Capitol Police to the Library of Congress Police. 

ø(2) BEGINNING OF TRAINING.—Training under paragraph (1) 

shall begin within 90 days of the date of enactment of this Act. 

ø(b) HIRING.—

ø(1) DEFINITIONS.—In this subsection, the terms ‘‘Act of August 4, 1950’’ and ‘‘Library of Congress Police employee’’ have 

the meanings given such terms under section 1015(c) of the 

Legislative Branch Appropriations Act, 2003 (2 U.S.C. 1901 

note). 

ø(2) LIMITATION ON NEW LIBRARY OF CONGRESS POLICE EMPLOYEES.—Notwithstanding the first section of the Act of August 4, 1950 or any other provision of law, the Librarian of 

Congress may not—

ø(A) hire any individual as a Library of Congress Police 

employee; or 

ø(B) transfer any employee of the Library of Congress to 

a Library of Congress Police employee position. 

ø(3) HIRING OF INDIVIDUALS.—

ø(A) IN GENERAL.—The Librarian of Congress may select 

individuals to be submitted to the Chief of the Capitol Police for purposes of subparagraph (B). 

ø(B) HIRING.—If an individual submitted under subparagraph (A) meets all qualifications to be a member of the 

Capitol Police, the Chief of the Capitol Police shall hire 

that individual as a member of the Capitol Police. The 

Chief of Police may hire individuals under this subsection 

who are not submitted for selection under this subparagraph. All hirings under this subparagraph shall comply 

with the limitations under this paragraph for any fiscal 

year. 


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ø(C) LIMITATION FOR FISCAL YEAR 2004.—During fiscal 

year 2004, the number of individuals hired under this subsection may not exceed the total of—

ø(i) 23 individuals; and 

ø(ii) the number of Library of Congress Police employees who separate from service or transfer to a position other than a Library of Congress Police employee position. 

ø(D) LIMITATION FOR FISCAL YEAR 2005.—During fiscal 

year 2005, the number of individuals hired under this subsection may not exceed—

ø(i) the number of Library of Congress Police employees who separated from service or transferred to a 

position other than a Library of Congress Police employee position during fiscal year 2004 for whom a corresponding hire was not made under this subsection; 

and 

ø(ii) the number of Library of Congress Police employees who separate from service or transfer to a position other than a Library of Congress Police employee position during fiscal year 2005. 

ø(E) LIMITATION FOR FISCAL YEAR 2006.—During fiscal 

year 2006, the number of individuals hired under this subsection may not exceed—

ø(i) the number of Library of Congress Police employees who separated from service or transferred to a 

position other than a Library of Congress Police employee position during fiscal year 2005 for whom a corresponding hire was not made under this subsection; 

and 

ø(ii) the number of Library of Congress Police employees who separate from service or transfer to a position other than a Library of Congress Police employee position during fiscal year 2006. 

ø(4) TRAINING AND DETAILING.—Notwithstanding subsection 

(a)(1)(C), the Chief of the Capitol Police may detail an individual hired under this subsection to the Library of Congress 

Police on a nonreimbursable basis. Any individual detailed 

under this subsection shall receive necessary training, including training by the Library of Congress Police. 

ø(5) ASSIGNMENTS AND REASSIGNMENTS.—Nothing under this 

subsection may be construed to affect the authority of the 

Chief of the Capitol Police, after the date of the transfer of Library of Congress Police employees under section 1015 of the 

Legislative Appropriations Act, 2003 (2 U.S.C. 1901 note), to 

assign or reassign any member of the Capitol Police hired 

under this subsection. 

ø(6) EFFECTIVE DATE.—This subsection shall take effect on 

the date of enactment of this Act and apply with respect to—

ø(A) any remaining portion of fiscal year 2003, if this 

Act is enacted before October 1, 2003; and 

ø(B) fiscal year 2004 and each fiscal year, thereafter.¿ 

Æ 


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