H. Rept. 110-470 - U.S. CAPITOL POLICE AND LIBRARY OF CONGRESS POLICE MERGER IMPLEMENTATION ACT OF 2007110th Congress (2007-2008)
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110th Congress Rept. 110-470
HOUSE OF REPRESENTATIVES
1st Session Part 1
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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
period 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, 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:
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 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.
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:
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.
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 jurisdictional 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.
* * * * * * *
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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.
[Sec. 2. Public travel in and occupancy of the Library of
Congress grounds is restricted to the sidewalks and other paved
surfaces.
[Sec. 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.
[Sec. 4. It shall be unlawful to step or climb upon, remove,
or in any way inure any statue, seat, wall fountain, or other
erection or achitectural feature, or any tree, shrub, plant, or
turf in the Library of Congress buildings or grounds.
[Sec. 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.
[Sec. 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.
[Sec. 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.
[(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.
[Sec. 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.
[Sec. 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 [2
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 and
decorum in the proceedings, and for the protection of the
Library buildings and grounds and of persons and property
therein.
Sec. 11. (a) [For 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) [For 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) [For 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) [For 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
* * * * * * *
PART B--UNITED STATES CAPITOL
* * * * * * *
CHAPTER 51--UNITED STATES CAPITOL BUILDINGS AND GROUNDS
Sec. 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.
Sec. 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).
* * * * * * *
Sec. 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) * * *
* * * * * * *
[(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--
(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;
* * * * * * *
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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 Congress[;],
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;
* * * * * * *
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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) * * *
* * * * * * *
[(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
[Sec. 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.--
[(1) Transfer of personnel and functions.--There are
transferred to the United States Capitol Police--
[(A) each Library of Congress Police
employee; and
[(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).
[(2) Effect on personnel.--
[(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.
[(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.
[(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.
[(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.
[(b) Transition.--
[(1) Implementation plan.--
[(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--
[(i) describing the policies and
procedures, and actions the Chief of
the Capitol Police will take in
implementing the transfer provisions
under this section;
[(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;
[(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;
[(iv) recommending legislative
changes needed to implement the
transfers under subsection (a)(1),
including--
[(I) identifying options for
addressing how to apply United
States Capitol Police
retirement provisions to such
transferred personnel;
[(II) identifying options
related to providing voluntary
separation incentives to
transferred personnel; and
[(III) identifying options to
ensure the Librarian of
Congress maintains appropriate
authority to execute his
security responsibilities;
[(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;
[(vi) addressing--
[(I) how United States
Capitol Police training and
qualification requirements will
be applied to Library of
Congress employees transferred
under subsection (a)(1); and
[(II) the overall training
needs of the merged police
force; and
[(vii) providing an analysis of the
cost implications of implementing the
plan.
[(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.
[(c) Definitions.--In this section--
[(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
[(2) the term ``Library of Congress Police
employee''--
[(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
[(B) does not include any civilian employee
performing police support functions.
[(d) Effective Date.--Except as otherwise provided in this
section, this section shall take effect on the date of
enactment of this section.]
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SECTION 1006 OF THE LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2007
[Sec. 1006. Training, Detailing, and Hiring Authority Pending
Transfer of Library of Congress Police Employees. (a) Training
and Detailing.--
[(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)--
[(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;
[(B) the Librarian of Congress may detail,
with or without reimbursement, Library of
Congress Police employees to the Capitol
Police; and
[(C) the Chief of the Capitol Police may
detail, on a reimbursable basis, members of the
Capitol Police to the Library of Congress
Police.
[(2) Beginning of training.--Training under paragraph
(1) shall begin within 90 days of the date of enactment
of this Act.
[(b) Hiring.--
[(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).
[(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--
[(A) hire any individual as a Library of
Congress Police employee; or
[(B) transfer any employee of the Library of
Congress to a Library of Congress Police
employee position.
[(3) Hiring of individuals.--
[(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).
[(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.
[(C) Limitation for fiscal year 2004.--During
fiscal year 2004, the number of individuals
hired under this subsection may not exceed the
total of--
[(i) 23 individuals; and
[(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.
[(D) Limitation for fiscal year 2005.--During
fiscal year 2005, the number of individuals
hired under this subsection may not exceed--
[(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
[(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.
[(E) Limitation for fiscal year 2006.--During
fiscal year 2006, the number of individuals
hired under this subsection may not exceed--
[(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
[(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.
[(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.
[(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.
[(6) Effective date.--This subsection shall take
effect on the date of enactment of this Act and apply
with respect to--
[(A) any remaining portion of fiscal year
2003, if this Act is enacted before October 1,
2003; and
[(B) fiscal year 2004 and each fiscal year,
thereafter.]