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41–929 2008

MARKUP OF H.R. 3690, U.S. CAPITOL POLICE 

AND LIBRARY OF CONGRESS POLICE MERGER 

IMPLEMENTATION ACT OF 2007 

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 

Vice-Chairwoman 

MICHAEL E. CAPUANO, Massachusetts 

CHARLES A. GONZALEZ, Texas 

SUSAN A. DAVIS, California 

ARTUR DAVIS, Alabama 

VERNON J. EHLERS, Michigan 

Ranking Minority Member 

DANIEL E. LUNGREN, California 

KEVIN MCCARTHY, California 

S. ELIZABETH BIRNBAUM, Staff Director 

WILL PLASTER, Minority Staff Director 


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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. 


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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:] 


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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:] 


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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.] 


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