In the Senate of the United States,
December 17, 2007.
Resolved, That the bill from the House of Representa-
tives (H.R. 3690) entitled ‘‘An Act to provide for the transfer
of the Library of Congress police to the United States Capitol
Police, and for other purposes.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘U.S. Capitol Police and
Library of Congress Police Merger Implementation Act of
2007’’.
SEC. 2. TRANSFER OF PERSONNEL.
(a) TRANSFERS.—
(1) LIBRARY
OF
CONGRESS
POLICE
EMPLOY-
EES.—Effective on the employee’s transfer date, each
Library of Congress Police employee shall be trans-
ferred to the United States Capitol Police and shall
become either a member or civilian employee of the
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Capitol Police, as determined by the Chief of the Cap-
itol Police under subsection (b).
(2) LIBRARY OF CONGRESS POLICE CIVILIAN EM-
PLOYEES.—Effective on the employee’s transfer date,
each Library of Congress Police civilian employee
shall be transferred to the United States Capitol Po-
lice and shall become a civilian employee of the Cap-
itol 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 contin-
uous Federal service after the transfer date,
the employee would be entitled to an annu-
ity for immediate retirement under section
8336(b) or 8412(b) of title 5, United States
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Code (as determined by taking into account
paragraph (3)(A)), on the date such em-
ployee becomes 60 years of age.
(ii) During the transition period, the
employee successfully completes training, as
determined by the Chief of the Capitol Po-
lice.
(iii) The employee meets the qualifica-
tions 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 Po-
lice determines that a Library of Congress Police
employee does not meet the eligibility require-
ments, the employee shall become a civilian em-
ployee 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 de-
terminations required under this paragraph for
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the Capitol Police under this subsection shall be
entitled to have any creditable service under sec-
tion 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 be-
comes 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 sec-
tion 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 ap-
plying any formula under section 8339(b),
8339(q), 8415(c), or 8415(d) of such title
under which a percentage of the individ-
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ual’s average pay is multiplied by the years
(or other period) of such service.
(c) DUTIES OF EMPLOYEES TRANSFERRED TO CIVIL-
IAN 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 sub-
section (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 deter-
mination of the Chief of the Capitol Police under this
subsection shall not be appealable or reviewable in
any manner.
(d) PROTECTING STATUS OF TRANSFERRED EMPLOY-
EES.—
(1) NONREDUCTION IN PAY, RANK, OR GRADE.—
The transfer of any individual under this section
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shall not cause that individual to be separated or re-
duced in basic pay, rank or grade.
(2) LEAVE AND COMPENSATORY TIME.—Any an-
nual 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 EM-
PLOYEE REPRESENTATION.—
(1) EMPLOYEE
REPRESENTATION.—Nothing in
this Act shall be construed to authorize any labor or-
ganization that represented an individual who was a
Library of Congress police employee or a Library of
Congress police civilian employee before the individ-
ual’s transfer date to represent that individual as a
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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 PER-
SONNEL AUTHORITY OF THE CHIEF OF THE CAPITOL PO-
LICE.—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—
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(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 be-
gins 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 Cap-
itol Police, the first day of the first pay period appli-
cable 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 Con-
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locations, and other funds employed, used, held, aris-
ing from, available to, or to be made available in con-
nection with the transfer under this Act.
(b) TREATMENT OF ALLEGED VIOLATIONS OF CERTAIN
EMPLOYMENT LAWS WITH RESPECT TO TRANSFERRED IN-
DIVIDUALS.—
(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 al-
leged 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 consider-
ation 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 trans-
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fer 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 con-
sideration 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
CONGRES-
SIONAL ACCOUNTABILITY ACT OF 1995.—In applying
paragraph (1)(C) with respect to an individual to
whom this subsection applies, for purposes of the con-
sideration of the alleged violation under the Congres-
sional 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
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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 Cap-
itol Police Board.
(3) EXCEPTION FOR ALLEGED VIOLATIONS SUB-
JECT 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 em-
ployees 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 Cap-
itol Police to the Library of Congress, without reimburse-
ment.
(d) EFFECT ON EXISTING MEMORANDUM OF UNDER-
STANDING.—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—
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(1) the provisions of this Act; and
(2) such modifications as may be made in ac-
cordance 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 PER-
SONNEL 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 Po-
lice 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 JURISDIC-
TION.—Section 9 of the Act entitled ‘‘An Act to define
the area of the United States Capitol Grounds, to reg-
ulate the use thereof, and for other purposes’’, ap-
proved July 31, 1946 (2 U.S.C. 1961) is amended by
adding at the end the following:
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‘‘(d) For purposes of this section, ‘United States Cap-
itol 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 au-
thority granted to the Metropolitan Police Force of the Dis-
trict 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 LI-
BRARY OF CONGRESS BUILDINGS AND GROUNDS.—
(A) CAPITOL BUILDINGS.—Section 5101 of
title 40, United States Code, is amended by in-
serting ‘‘all buildings on the real property de-
scribed under section 5102(d)’’ after ‘‘(including
the Administrative Building of the United States
Botanic Garden)’’.