[House Hearing, 110 Congress]
[From the U.S. Government Publishing Office]
MARKUP OF H.R. 3690, U.S. CAPITOL POLICE AND LIBRARY OF CONGRESS POLICE
MERGER IMPLEMENTATION ACT OF 2007
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MEETING
before the
COMMITTEE ON HOUSE
ADMINISTRATION
HOUSE OF REPRESENTATIVES
ONE HUNDRED TENTH CONGRESS
FIRST SESSION
__________
HELD IN WASHINGTON, DC, NOVEMBER 7, 2007
__________
Printed for the use of the Committee on House Administration
Available on the Internet:
http://www.gpoaccess.gov/congress/house/administration/index.html
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COMMITTEE ON HOUSE ADMINISTRATION
ROBERT A. BRADY, Pennsylvania, Chairman
ZOE LOFGREN, California VERNON J. EHLERS, Michigan
Vice-Chairwoman Ranking Minority Member
MICHAEL E. CAPUANO, Massachusetts DANIEL E. LUNGREN, California
CHARLES A. GONZALEZ, Texas KEVIN McCARTHY, California
SUSAN A. DAVIS, California
ARTUR DAVIS, Alabama
S. Elizabeth Birnbaum, Staff Director
Will Plaster, Minority Staff Director
MARKUP OF H.R. 3690
WEDNESDAY, NOVEMBER 7, 2007
House of Representatives,
Committee on House Administration,
Washington, DC.
The committee met, pursuant to call, at 12:38 p.m., in room
1310, Longworth House Office Building, Hon. Robert A. Brady
(chairman of the committee) Presiding.
Present: Representatives Brady, Capuano, Gonzalez, Davis of
California, Davis of Alabama, Ehlers, Lungren, and McCarthy.
Staff Present: Liz Birnbaum, Staff Director; Michael
Harrison, Professional Staff; Teri Morgan, Deputy Chief
Counsel; Matt Pinkus, Professional Staff/Parliamentarian; Kyle
Anderson, Press Director; Kristin McCowan, Chief Legislative
Clerk; Matthew DeFreitas, Staff Assistant; Fred Hay, Minority
General Counsel; and Bryan T. Dorsey, Minority Professional
Staff.
The Chairman. The Committee on House Administration will
come to order. The committee will now mark up the U.S. Capitol
Police and Library of Congress Police Merger Implementation
Act, H.R. 3690.
In 2003, Congress passed legislation merging the Library
Police into the Capitol Police. The goal was to unify these two
police agencies and create ``seamless security'' on Capitol
Hill. The legislation called for the agencies to develop a
merger plan for congressional approval.
In 2007, four years later, the merger has yet to be
completed. This is unfortunate because valuable time has been
lost. Merging these police forces is a sound idea. If done
carefully and well, it will make Capitol Hill more secure for
the millions who visit and for the thousands privileged to work
here. I believe it is time to get on with it.
Briefly, H.R. 3690 will implement the merger plan devised
by the Library and the Capitol Police. The bill represents, in
every aspect, the recommendations of the Capitol Police and the
Library, delivered to this committee and to the Senate.
Under the plan, all Library Police employees will move to
the Capitol Police by September 30, 2009. Library officers who
meet age and service requirements, and who complete Capitol
Police training, will continue as officers. Library officers
who do not meet those requirements will be offered Capitol
Police civilian jobs. This is important: Under this plan, I
repeat, nobody will lose a job or suffer reduction in pay,
rank, accrued leave or other benefits. Officers now represented
by the Library's Fraternal Order of Police will transfer to the
Capitol Police's FOP, who will bargain with management over
seniority and other labor matters that may arise during the
merger.
The plan shifts jurisdiction over Library buildings in the
District to USCP. The Librarian will retain responsibility for
design of security systems and will issue regulations to
protect the collections and maintaining order. Finally, the
bill provides for handling employment-related claims during the
transition and authorizes reimbursement of the Capitol Police
for costs of Library special events.
This is a sound plan for the merger. I commend everyone
involved in both agencies, especially for finding a way to
ensure that nobody loses their job or pay.
I now would like to recognize the ranking member from
Michigan for any statement that he would like to make.
Mr. Ehlers. Thank you, Mr. Chairman. I have very brief
comments. First of all, it struck me as you were reading this
about their job security. I suddenly realized they have far
greater job security than anyone here on the dais does. I think
maybe we should negotiate such a good deal.
More seriously, this is something badly needed. I am sorry
it took so much time to negotiate. But there are so many
factors in it. But it is certainly a great idea, particularly
in this age when we have greater security needs on the Hill,
and we certainly have to include the Library in that as well,
particularly since they are going to be immediately connected
to us through the Capitol complex with two tunnels now, not
just one. So I strongly support this bill and urge its
adoption.
The Chairman. Thank you. Anybody have any statements? No
other statements?
There being no further opening statements, the Chair lays
before the Committee the bill, H.R. 3690, to provide for the
transfer of Library of Congress Police to the United States
Capitol Police and for other purposes, which is before the
members. Without objection, the bill will be considered as read
and open to amendment at any point. No objection.
[The information follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
The Chairman. I would like to offer an amendment on the
subject of a probationary period for transferring employees,
which is also before the Members. Without objection, the
amendment will be considered as read.
[The information follows:]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
The Chairman. This amendment is simple, fair and
appropriate. Like other Federal agencies, the Capitol Police
place new employees in a ``probationary'' status for the first
year of employment. During this year, managers have wide
discretion to terminate the new employees whose performance
does not meet expectations and the employees have little
recourse.
I consider probation for Library police officers
transferred to the Capitol Police in this merger inappropriate.
All have served for over a year, many much longer. They are not
``new'' employees.
Chief Morris agrees and has advised the Committee that he
considers probationary periods unnecessary. Under the
circumstances I believe the Committee should add language to
that effect.
I urge the Committee to support the amendment.
Mr. Ehlers.
Mr. Ehlers. Mr. Chairman, I certainly agree with this. It
totally makes sense. I am a little concerned about the wording
because this could be interpreted to say that they can never
during their tenure here be put on probation for some
disciplinary action. I wonder if perhaps we should just insert
the words ``the initial period of probation'' to make that
clear. We could certainly take care of that with negotiation
with the Senate. I am not sure we need a formal amendment here,
but I wanted to bring that to your attention, and perhaps your
staff and our staff can look at that.
The Chairman. I understand. We are not saying that they
could never be looked at or disciplined.
Mr. Ehlers. We may want to clarify that one point.
The Chairman. That is not a problem. We could certainly do
that.
Is there any further debate? The question is on the
amendment. All in favor signify by saying ``aye.'' All opposed,
say ``no.''
The amendment passes.
Any further amendments? With no further amendments, I would
like to recognize the gentleman from Massachusetts for a
motion.
Mr. Capuano. Mr. Chairman, I move that H.R. 3690 be
referred to the House, with an amendment.
The Chairman. We have heard the motion. All in favor
signify by saying ``aye.'' Any opposed? The amendment is
passed. In the opinion of the Chair the ``ayes'' have it. The
``ayes'' do have it, and the motion is agreed to.
Without objection, a motion to reconsider is laid upon the
table.
Without objection, the staff will be authorized to make
such technical and conforming changes as may be required to
reflect the actions of the committee.
With that, this Committee is now in recess until 1:00, when
we will have a hearing. We have 15 minutes. Thank you.
[Whereupon, at 12:45 p.m., the committee was adjourned.]