Page:United States Statutes at Large Volume 121.djvu/2249

 121 STAT. 2228

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PUBLIC LAW 110–161—DEC. 26, 2007 (A) LIBRARY OF CONGRESS POLICE EMPLOYEES.—Effective on the employee’s transfer date, each Library of Congress Police employee shall be transferred to the United States Capitol Police and shall become either a member or civilian employee of the Capitol Police, as determined by the Chief of the Capitol Police under paragraph (2). OF CONGRESS POLICE CIVILIAN (B) LIBRARY EMPLOYEES.—Effective on the employee’s transfer date, each Library of Congress Police civilian employee shall be transferred to the United States Capitol Police and shall become a civilian employee of the Capitol Police. (2) TREATMENT OF LIBRARY OF CONGRESS POLICE EMPLOYEES.— (A) DETERMINATION OF STATUS WITHIN CAPITOL POLICE.— (i) ELIGIBILITY TO SERVE AS MEMBERS OF THE CAPITOL POLICE.—A Library of Congress Police employee shall become a member of the Capitol Police on the employee’s transfer date if the Chief of the Capitol Police determines and issues a written certification that the employee meets each of the following requirements: (I) Based on the assumption that such employee would perform a period of continuous Federal service after the transfer date, the employee would be entitled to an annuity for immediate retirement under section 8336(b) or 8412(b) of title 5, United States Code (as determined by taking into account subparagraph (C)(i)), on the date such employee becomes 60 years of age. (II) During the transition period, the employee successfully completes training, as determined by the Chief of the Capitol Police. (III) The employee meets the qualifications required to be a member of the Capitol Police, as determined by the Chief of the Capitol Police. (ii) SERVICE AS CIVILIAN EMPLOYEE OF CAPITOL POLICE.—If the Chief of the Capitol Police determines that a Library of Congress Police employee does not meet the eligibility requirements, the employee shall become a civilian employee of the Capitol Police on the employee’s transfer date. (iii) FINALITY OF DETERMINATIONS.—Any determination of the Chief of the Capitol Police under this subparagraph shall not be appealable or reviewable in any manner. (iv) DEADLINE FOR DETERMINATIONS.—The Chief of the Capitol Police shall complete the determinations required under this subparagraph for all Library of Congress Police employees not later than September 30, 2009. (B) EXEMPTION FROM MANDATORY SEPARATION.—Section 8335(c) or 8425(c) of title 5, United States Code, shall not apply to any Library of Congress Police employee who becomes a member of the Capitol Police under this subsection, until the earlier of—

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