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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 
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.

           *       *       *       *       *       *       *

                              ----------                              


                         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;

           *       *       *       *       *       *       *

                              ----------                              


    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;

           *       *       *       *       *       *       *

                              ----------                              


 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.

           *       *       *       *       *       *       *

                              ----------                              


    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.]
                              ----------                              


    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.]