79–006

106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 106–676

FEDERAL PROTECTIVE SERVICE REFORM ACT OF 2000

JUNE 14, 2000.—Committed to the Committee of the Whole House on the State of

the Union and ordered to be printed

Mr. SHUSTER, from the Committee on Transportation and

Infrastructure, submitted the following

R E P O R T

[To accompany H.R. 809]

[Including cost estimate of the Congressional Budget Office]

The Committee on Transportation and Infrastructure, to whom

was referred the bill (H.R. 809) to amend the Act of June 1, 1948,

to provide for reform of the Federal Protective Service, having considered the same, report favorably thereon with an amendment and

recommend that the bill as amended do pass.

The amendment is as follows:

Strike out all after the enacting clause and insert in lieu thereof

the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Federal Protective Service Reform Act of 2000’’.

SEC. 2. DESIGNATION OF POLICE OFFICERS.

The Act of June 1, 1948 (40 U.S.C. 318–318d), is amended—

(1) in section 1 by striking the section heading and inserting the following:

‘‘SECTION 1. POLICE OFFICERS.’’;

(2) in sections 1 and 3 by striking ‘‘special policemen’’ each place it appears

and inserting ‘‘police officers’’;

(3) in section 1(a) by striking ‘‘uniformed guards’’ and inserting ‘‘certain employees’’; and

(4) in section 1(b) by striking ‘‘Special policemen’’ and inserting the following:

‘‘(1) IN GENERAL.—Police officers’’.

SEC. 3. POWERS.

Section 1(b) of the Act of June 1, 1948 (40 U.S.C. 318(b)), is further amended—

(1) by adding at the end the following:

‘‘(2) ADDITIONAL POWERS.—Subject to paragraph (3), a police officer appointed

under this section is authorized while on duty—

‘‘(A) to carry firearms in any State, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United

States;

‘‘(B) to petition Federal courts for arrest and search warrants and to execute such warrants;

2

‘‘(C) to arrest an individual without a warrant if the individual commits

a crime in the officer’s presence or if the officer has probable cause to believe that the individual has committed a crime or is committing a crime;

and

‘‘(D) to conduct investigations, on and off the property in question, of offenses that have been or may be committed against property under the

charge and control of the Administrator or against persons on such property.

‘‘(3) APPROVAL OF REGULATIONS BY ATTORNEY GENERAL.—The additional powers granted to police officers under paragraph (2) shall become effective only

after the Commissioner of the Federal Protective Service issues regulations implementing paragraph (2) and the Attorney General of the United States approves such regulations.

‘‘(4) AUTHORITY OUTSIDE FEDERAL PROPERTY.—The Administrator may enter

into agreements with State and local governments to obtain authority for police

officers appointed under this section to exercise, concurrently with State and

local law enforcement authorities, the powers granted to such officers under this

section in areas adjacent to property owned or occupied by the United States

and under the charge and control of the Administrator.’’; and

(2) by moving the left margin of paragraph (1), as designated by section 2(4)

of this Act, so as to appropriately align with paragraphs (2), (3), and (4), as

added by paragraph (1) of this subsection.

SEC. 4. PENALTIES.

Section 4(a) of the Act of June 1, 1948 (40 U.S.C. 318c(a)), is amended to read

as follows:

‘‘(a) IN GENERAL.—Except as provided in subsection (b), whoever violates any rule

or regulation promulgated pursuant to section 2 shall be fined or imprisoned, or

both, in an amount not to exceed the maximum amount provided for a Class C misdemeanor under sections 3571 and 3581 of title 18, United States Code.’’.

SEC. 5. SPECIAL AGENTS.

Section 5 of the Act of June 1, 1948 (40 U.S.C. 318d), is amended—

(1) by striking ‘‘nonuniformed special policemen’’ each place it appears and inserting ‘‘special agents’’;

(2) by striking ‘‘special policeman’’ and inserting ‘‘special agent’’; and

(3) by adding at the end the following: ‘‘Any such special agent while on duty

shall have the same authority outside Federal property as police officers have

under section 1(b)(4).’’.

SEC. 6. ESTABLISHMENT OF FEDERAL PROTECTIVE SERVICE.

(a) IN GENERAL.—The Act of June 1, 1948 (40 U.S.C. 318–318d), is amended by

adding at the end the following:

‘‘SEC. 6. ESTABLISHMENT OF FEDERAL PROTECTIVE SERVICE.

‘‘(a) IN GENERAL.—The Administrator of General Services shall establish the Federal Protective Service as a separate operating service of the General Services Administration.

‘‘(b) APPOINTMENT OF COMMISSIONER.— ‘‘(1) IN GENERAL.—The Federal Protective Service shall be headed by a Commissioner who shall be appointed by and report directly to the Administrator.

‘‘(2) QUALIFICATIONS.—The Commissioner shall be appointed from among individuals who have at least 5 years of professional law enforcement experience

in a command or supervisory position.

‘‘(c) DUTIES OF THE COMMISSIONER.—The Commissioner shall—

‘‘(1) assist the Administrator in carrying out the duties of the Administrator

under this Act;

‘‘(2) except as otherwise provided by law, serve as the law enforcement officer

and security official of the United States with respect to the protection of Federal officers and employees in buildings and areas that are owned or occupied

by the United States and under the charge and control of the Administrator

(other than buildings and areas that are secured by the United States Secret

Service);

‘‘(3) render necessary assistance, as determined by the Administrator, to other

Federal, State, and local law enforcement agencies upon request; and

‘‘(4) coordinate the activities of the Commissioner with the activities of the

Commissioner of the Public Buildings Service.

Nothing in this subsection may be construed to supersede or otherwise affect the

duties and responsibilities of the United States Secret Service under sections 1752

and 3056 of title 18, United States Code.

‘‘(d) APPOINTMENT OF REGIONAL DIRECTORS AND ASSISTANT COMMISSIONERS.—

3

‘‘(1) IN GENERAL.—The Commissioner may appoint regional directors and assistant commissioners of the Federal Protective Service.

‘‘(2) QUALIFICATIONS.—The Commissioner shall select individuals for appointments under paragraph (1) from among individuals who have at least 5 years

of direct law enforcement experience, including at least 2 years in a supervisory

position.’’.

(b) PAY LEVEL OF COMMISSIONER.—Section 5316 of title 5, United States Code, is

amended by inserting after the paragraph relating to the Commissioner of the Public Buildings Service the following:

‘‘Commissioner, Federal Protective Service, General Services Administration.’’.

SEC. 7. PAY AND BENEFITS.

(a) IN GENERAL.—The Act of June 1, 1948 (40 U.S.C. 318–318d), is further amended by adding at the end the following:

‘‘SEC. 7. PAY AND BENEFITS.

‘‘Notwithstanding any other provision of law or any other rule or regulation, the

pay and benefits for any employee of the Federal Protective Service who maintains

active law enforcement status under section 1 shall be determined in accordance

with a pay and benefits package established and maintained by the Administrator

of General Services that is equivalent to the pay scale and benefits package applicable to members of the United States Capitol Police. Such pay scale and benefits

package shall be established by regulation, shall apply with respect to the pay period beginning January 1, 2001, and ending December 31, 2001 (and such other pay

periods as may be authorized by law), and shall not result in a decrease in the pay

or benefits of any individual for such pay period.’’.

(b) CONFORMING AMENDMENT.—Section 1(a) of such Act (40 U.S.C. 318(a)), is

amended by striking ‘‘without additional compensation’’.

SEC. 8. NUMBER OF POLICE OFFICERS.

(a) IN GENERAL.—The Act of June 1, 1948 (40 U.S.C. 318–318d), is further amended by adding at the end the following:

‘‘SEC. 8. NUMBER OF POLICE OFFICERS.

‘‘After the 1-year period beginning on the date of enactment of this section, there

shall be at least 730 full-time equivalent police officers in the Federal Protective

Service. This number shall not be reduced unless specifically authorized by law.’’.

SEC. 9. EMPLOYMENT STANDARDS AND TRAINING.

The Act of June 1, 1948 (40 U.S.C. 318–318d), is further amended by adding at

the end the following:

‘‘SEC. 9. EMPLOYMENT STANDARDS AND TRAINING.

‘‘The Commissioner of the Federal Protective Service shall prescribe minimum

standards of suitability for employment to be applied in the contracting of security

personnel for buildings and areas that are owned or occupied by the United States

and under the control and charge of the Administrator of General Services.’’.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

The Act of June 1, 1948 (40 U.S.C. 318–318d), is further amended by adding at

the end the following:

‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

‘‘There is authorized to be appropriated from the Federal Buildings Fund established by section 210(f) of the Federal Property and Administrative Services Act of

1949 (40 U.S.C. 490(f)) such sums as may be necessary to carry out this Act.’’.

SUMMARY AND PURPOSE

H.R. 809, as amended, the ‘‘Federal Protective Service Reform

Act of 2000,’’ makes the Federal Protective Service (FPS) a freestanding service within the General Services Administration (GSA);

clarifies jurisdictional issues for areas adjacent to Federal property;

creates an FPS Commissioner with line authority over the Regional

Directors; establishes police and training experience standards for

the FPS Commissioner; requires contract security guards to undergo background checks; increases FPS officers pay; and increases

the number of full-time FPS officers to 730.

4

BACKGROUND AND NEED FOR LEGISLATION

The Federal Protective Service dates back to 1790, with the enactment of legislation authorizing the President to appoint three

commissioners to establish a federal territory for a permanent seat

of the Federal Government. Prior to the formal establishment of

the seat of government, the commissioners hired six night watchmen to protect the designated buildings the government was intended to occupy. The FPS traces its origins to the appointment of

these six night watchmen.

Through the years the FPS resided in a number of different

agencies. The act of June 1, 1948 authorized the Administrator to

appoint special policemen for duty in connection with the policing

of all buildings and areas owned or occupied by the United States

and under charge and control of GSA. In 1949 Congress enacted

the Federal Property and Administrative Services Act of 1949,

which consolidated real property functions in the newly created

GSA. Under this post, the FPS force, known at this time as the

United States Special Police, came under the supervision of the

Protection Division of the Public Buildings Service, which was created in 1949. In 1971, the Administrator of GSA signed an order

formally establishing the Federal Protection Force, later known as

the Federal Protective Service and the Civil Service Commission

(now known as the Office of Personnel Management) authorized

the special classification title of Federal Protective Officer.

Initially the main function of the FPS was protection, as an integral part of building operations. However the concept of ‘‘protection’’ in 1950 was dramatically different than it is today. For the

most part, the force held fixed posts and performed duties that

would be considered safety functions today, such as: eliminating

fire and safety hazards, patrolling buildings, detecting fires, and

providing the first line of defense in fighting fires; and answering

visitor questions, assisting citizens, rendering first aid, and directing traffic when necessary.

The FPS mission and training requirements have changed over

the years. The Civil Service Commission developed standards for

applicants, which included a written examination, background investigations and physical examinations. By 1960, the FPS mission

became the first line of defense against bomb threats, bombings,

vandalism, mass demonstrations and violence against Federal

buildings. More recently, the role of the FPS officer has undergone

further changes. The FPS has shifted its emphasis from the fixed

guard post concept of security to a mobile police patrol and response. FPS officers perform all duties attendant to the normal interpretation of a police officer function, including maintaining law

and order, and preventing or deterring disturbances; in addition to

investigating both felonies and misdemeanors. FPS officers can

make arrests, including arrests during the commission of a crime

and the serving of warrants. They do have authority to detain suspects. There are inconsistent jurisdictional issues with local authorities entering Federal facilities to serve warrants, and make arrests. These involve passage of state statutes to provide such authority for concurrent jurisdiction between the Federal government

and state and local entities.

5

The current FPS force is composed of both uniformed and nonuniformed officers, including criminal investigators and physical security specialists. Training for FPS officers includes eight weeks of

instruction at the Federal Law Enforcement Training Center in

Glynco, Georgia, with additional periodic in-service and refresher

training courses. Physical security specialists receive further training to conduct security surveys and provide recommendations pertaining to federal facilities. FPS currently has a force of approximately 672 Federal Protective Officers, 232 physical security specialists, 58 criminal investigators, as well as 5,000 contract guards

for perimeter and entry security. The line of authority within the

service is not clearly defined and communications between and

within the central office and the regions is not optimal. Considering

the current political environment, heightened security is necessary

and expected.

FPS has been a part of the Public Buildings Service (PBS) since

1949. Originally known as the Public Buildings Administration,

PBS is the real property arm of GSA; it operates and maintains

1,993 Federal buildings with over 184 million square feet of office,

storage and special space in the United States for use by civilian

employees of the Federal government. PBS also acts as the leasing

agent for the Federal government, and currently has in place over

6,400 leases with over 150 million square feet of space. Approximately one million Federal employees work in space controlled by

PBS.

Since 1971, the workforce of both PBS and FPS has steadily

shrunk. In 1971, total employment of Federal Protective Officers

(FPO’s) exceeded 4,500. By 1995, the FPO force had been reduced

to less than 500. At the same time, contract guard workforce had

grown from 700, to over 2,500. The total protective force stood at

3,000, while the PBS inventory had grown by 70 million square

feet of space, from 230 million square feet of space in the 1970’s

to over 300 million in 1995. The extent of protective personnel coverage had shrunk dramatically.

By 1995, the year of the Murrah Federal Building bombing in

Oklahoma City, Oklahoma, guard functions had been reduced, so

that single contract guard, who also provided protection for two

other Federal buildings, patrolled this particular building. Indeed,

the only means of communication from the scene at Oklahoma City

to any command center was through the building manager.

This tragic incident gave rise to numerous initiatives to improve

and expand protection. In the wake of the bombing, the President

directed the Department of Justice to assess the vulnerability of

Federal office buildings in the United States, particularly to acts of

terrorism and other forms of violence. The United States Marshals

Service coordinated the study. GSA participated, as did the FBI,

DOD, Secret Service, Department of State, Social Security Administration, and Administrative Office of the U.S. Courts.

Prior to the study, there had been no government wide standards

for security at federal buildings and no central database of the security in place of such facilities. Given the urgency of the task, the

report proceeded along two tracks: (1) the development of recommended minimum security standards in light of changed environment of heightened risk; and (2) the surveying of existing security conditions. GSA participated in both efforts. The assessment

6

covered approximately 1,330 of GSA controlled buildings, that are

described as typical single or multi-tenant Federal office buildings,

which house approximately 75% of the one million Federal workers

housed in GSA controlled space.

The results of this survey were troubling. Of the 347 buildings

identified as Level IV (a large multi-tenant, multi-story Federally

owned or leased building with 450 employees or more), only 15%

x-rayed incoming packages and mail, only 46% of these level IV

buildings had parking controls that met recommended standards,

only 26% of these buildings had employee and visitor identification

control systems.

The report made several recommendations to bring each federal

facility up to minimum standards recommended for its security

level. Part of the recommendations centered on upgrading the Federal Protective Service. The report noted that the FPS has the experience and historical character to provide security services for

much of the Federal workforce. The report noted, however, that

FPS has limited resources to determine building security requirements to address terrorist threats and does not have the resources

to respond to these requirements even if the requirements are

properly articulated.

The report stated that placement of the FPS within the organizational structure of GSA may have limited the ability of the FPS to

obtain the resources to assure appropriate security in large, multitenant facilities, even when the security needs have been well defined. FPS, according to the report, needs to reestablish its role and

take the lead in emphasizing the need for security.

The recommendations reemphasized GSA’s primary responsibility for implementing Federal facility security. To that end, there

were four recommendations addressing the role and responsibilities

of the FPS:

FPS should be responsible for providing security services for

GSA-controlled federal facilities, through the use of both FPO’s and

contract security guards.

FPS should improve the standards for contract guards by raising

the hiring qualifications and providing enhanced training.

FPS should be responsible for the implementation and maintenance of the centralized physical database of all Federal office

buildings. The data collected for this study should be helpful in creating a more comprehensive database for Federal office buildings.

Consistent with its added responsibilities, consideration should

be given to elevating the FPS to a different level within GSA. Alternatively, a modified funding mechanism for FPS should be established to lessen its competition for real property resources.

These recommendations are relevant to H.R. 809, since the major

provisions of the bill address them. The last recommendation is especially relevant to the action taken by the Committee in reporting

H.R. 809, since its primary feature is the creation of a separate

service within GSA for the FPS.

GSA has responded to the urgent need to improve and strengthen FPS. It has undertaken a number of initiatives that will add to

the number of full-time FPO’s, provide them with greater responsibilities, and strengthen the police force. GSA has also increased

the number of contract guards by 100% in the wake of Oklahoma

City. However, GSA has not undertaken a fundamental issue with

7

regard to the FPS; it is still subordinate to the real estate oriented

management of PBS, and as such must rely on resources provided

to it within the context of real property asset management. So long

as FPS remains within the Public Buildings Service, that will not

change.

Further, five of the Regional FPS Directors, who report to Assistant Regional Administrators in the 11 geographic regions, do not

have law enforcement backgrounds. While the Assistant Commissioner for FPS is a 27-year veteran of law enforcement, he does not

have command and control authority over the regional directors,

and can only issue policy guidance. In the event of a major catastrophe, the Assistant Commissioner would be forced to rely on a

chain of command that leads to the Deputy Administrator of GSA,

not to anyone in the Public Buildings Service area. The bill requires that the newly created Commissioner of Federal Protective

Service have at least five years law enforcement experience in a

command or supervisory capacity, and that Regional Directors will

be required to have at lease five years of direct law enforcement

experience, including two years in a supervisory position. The Commissioner will have line authority over regional directors.

The bill provides the FPO with a pay adjustment, that makes the

pay of the FPO on par with the Capitol Hill Police. This will

amount to an increase of approximately $3,000 per year for the

FPO. After extensive review of the pay scale of the FPO, and hearing of GSA’s inability to attract and retain quality protective officers, the pay matter became another main feature of the legislation. For years, FPS was a training ground for qualified persons

who wished to pursue a career in Federal law enforcement. FPS

provided training and experience, only to lose FPOs to other Federal law enforcement agencies. Years of personnel ceilings forced

GSA to freeze hiring, and in some cases actually reduce levels of

employment in this area through attrition. The bill calls for staffing of at least 730 full time officers. The current staffing level is

673. Coverage by FPO’s is limited to 22 core cities nationwide, with

the bulk of FPOs stationed in Washington, DC. PBS must rely on

contract guards in every other city with GSA controlled buildings.

Congressional concern about the personnel levels within the

ranks of the FPO is not new. For several years, the annual appropriations acts carried a provision mandating GSA to maintain an

FPO force of at least 1,000. That was never enforced, and recently

dropped. However, GSA did fill the security needs with contract

guards, which presents numerous issues of quality and effectiveness. Inconsistent quality and background requirements, as well as

a lack of pre-employment training hindrances does not give a level

of confidence that GSA should strive to achieve for the Federal

workforce. The bill addresses standards of suitability for employment as a contract guard that will provide much needed uniformity

of skills and background of contract guards.

DISCUSSION OF COMMITTEE BILL AND SECTION-BY-SECTION

ANALYSIS

Section 1. Short title

Provides that the Act may be cited as the ‘‘Federal Protective

Service Reform Act of 2000.’’

8

Section 2. Designation of Police Officers

Changes the designation of Police Officers, wherever the term

‘‘special police’’ appears, and changes the designation of ‘‘uniformed

guards’’ to ‘‘certain employees.’’

Section 3. Powers

Amends the Act of June 1, 1948, to provide police officers with

additional authority, while on duty. Such duties include carrying of

firearms, petitioning Federal courts for arrest warrants, and executing arrest warrants, arresting an individual without warrant if

such individual commits a crime in the officer’s presence or if the

officer has probable cause that the individual has committed a

crime or is committing a crime, and conducting investigations, on

and off the property in question of offenses that have been or may

be committed against property under the control of GSA, or against

persons on such property.

These added powers shall become effective only after the Commissioner of Federal Protective Service issues regulations implementing the added powers and the Attorney General has approved

such regulations. This latter provision is common among law enforcement agencies of the Federal government, so that there is not

a proliferation of police powers granted without necessary coordination. The section also makes explicit that these new powers are

only during duty hours, so that there is no ambiguity with regard

to an FPO’s ability to carry a firearm while not on duty. The provision does not allow such authority.

The section also authorizes the Administrator to enter into agreements with state and local entities to obtain authority to extend

local police powers to FPOs in areas adjacent to property under the

custody and control of GSA. Currently, only agreements approved

by legislatures allow Federal law enforcement official to enforce

local ordinances. FPOs currently do not have arrest authority of individuals committing a crime on property not under the control of

GSA.

Section 4. Penalties

Provides for penalties of a Class C misdemeanor, with a fine not to exceed $5,000, or not more than 30 days imprisonment.

Section 5. Special agents

The Act of June 1, 1948, creating the positions of special policemen, and nonuniformed special policemen, is amended to create a

new name for these positions as ‘‘special agents’’.

Section 6. Establishment of Federal Protective Service

Authorizes the Administrator of General Services to create a

Federal protective Service, who shall be headed by a Commissioner, appointed by the Administrator, and who shall report to the

Administrator. The new Commissioner shall have at least five

years of law enforcement experience in a command or supervisory

position. Duties of the Commissioner are set forth, including assisting the Administrator in carrying out the duties of the Act, serving

as the law enforcement officer and security official with respect to

the protection of property under the custody and control of the Administrator, render necessary assistance to other Federal, state and

9

local law enforcement agencies upon request, and coordinate the

activities with the Commissioner of Public Buildings Service. The

section clarifies the role of the Secret Service in connection with

the protection of facilities under its control. Further, this section is

not intended to change the role of the FBI or United States Marshals Service, in connection with the protection responsibilities of

facilities under their control. The section also sets forth requirements for Regional Directors and assistant Commissioners. Each

shall have at least five years of law enforcement experience, including two years of supervisory experience. The level of pay for the

Commissioner is set at level V of the Executive Schedule.

Section 7. Pay and benefits

The pay and benefits of a Federal Protective Officer shall be

equivalent to the pay scale and benefits package of members of the

Capitol Hill Police. The effect of this provision is to increase the

pay of FPOs by approximately $3,000 per year. This will depend on

the current grade of an FPO, so this figure is not exact for all levels within the FPO hierarchy. Pay shall be commensurate with the

equivalent titles within the Capitol Hill Police. FPOs are classified

under the GS system of OPM, while the Capitol Hill Police have

titles ranging from Private to Deputy Chief.

Section 8. Number of Police Officers

This section sets a minimum level of staffing of FPOs at least

730 full time equivalent police officers, and shall not be reduced

unless by law. Current level is 673 FTEs.

Section 9. Employment standards and training

This section directs the Commissioner to prescribe minimum

standards of suitability in contracting for security guards.

Section 10. Authorizations of appropriations

Authorizes such sums as necessary from the Federal Buildings

Fund to carry out this Act.

HEARINGS

On October 2, 1998 the Subcommittee on Public Buildings and

Economic Development held a hearing on H.R. 4034, the predecessor legislation to H.R. 809. Testimony was given by Bob Peck,

Commissioner of Public Buildings, as well as officials of government employee unions, the International Brotherhood of Police Officers, and Fraternal Order of Police. Additionally, letters of support have been received from numerous local and statewide law enforcement associations.

COMMITTEE CONSIDERATION

On November 9, 1999 the Subcommittee on Economic Development, Public Buildings, Hazardous Materials and Pipeline Transportation marked up H.R. 809. The Subcommittee adopted an

amendment in the nature of a substitute. This amendment that

makes the Federal Protective Service (FPS) a free standing service

within the General Services Administration (GSA) and creates an

FPS Commissioner with line authority over Regional Directors.

10

This amendment also establishes police and training experience

standards for the new FPS Commissioner. The bill clarifies and

broadens jurisdiction for FPS officers for areas adjacent to Federal

property; requires contract security guards to undergo more rigorous background checks; increases FPS officers pay; and increases

the number of full-time FPS officers to 730. This legislation enhances the FPS, and has no impact on the facilities secured by the

Secret Service, Federal Bureau of Investigations and United States

Marshals Service.

On November 9, 1999 the Subcommittee reported H.R. 809, as

amended, favorably to the Full Committee by unanimous voice

vote. On March 16, 2000, the Full Committee met in open session

and reported the bill, as emended by the Subcommittee, by unanimous voice vote.

ROLLCALL VOTES

Clause 3(b) of Rule XIII of the House of Representatives requires

each committee report to include the total number of votes cast for

and against on each rollcall vote on a motion to report and on any

amendment offered to the measure or matter, and the names of

those members voting for and against. There were no recorded

votes taken in connection with ordering H.R. 809, as amended, reported.

COMMITTEE OVERSIGHT FINDINGS

With respect to the requirements of clause 3(c)(1) of rule XIII of

the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in this report.

COST OF LEGISLATION

Clause 3(d)(2) of rule XIII of the Rules of the House of Representatives does not apply where a cost estimate and comparison

prepared by the Director of the Congressional Budget Office under

section 402 of the Congressional Budget Act of 1974 has been timely submitted prior to the filing of the report and is included in the

report. Such a cost estimate is included in this report.

COMPLIANCE WITH HOUSE RULE XIII

1. With respect to the requirement of clause 3(c)(2) of rule XIII

of the Rules of the House of Representatives, and 308(a) of the

Congressional Budget Act of 1974, the Committee references the

report of the Congressional Budget Office included below.

2. With respect to the requirement of clause 3(c)(4) of rule XIII

of the Rules of the House of Representatives, the Committee has

received no report of oversight findings and recommendations from

the Committee on Government Reform and Oversight on the subject of H.R. 809, as amended.

3. With respect to the requirement of clause 3(c)(3) of rule XIII

of the Rules of the House of Representatives and section 402 of the

Congressional Budget Act of 1974, the Committee has received the

following cost estimate for H.R. 809, as amended, from the Director

of the Congressional Budget Office.

11

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

U.S. CONGRESS,

CONGRESSIONAL BUDGET OFFICE,

Washington, DC, April 6, 2000.

Hon. BUD SHUSTER,

Chairman, Committee on Transportation and Infrastructure, House

of Representatives, Washington, DC.

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 809, the Federal Protective Service Reform Act of 2000.

If you wish further details on this estimate, we will be pleased

to provide them. The CBO staff contact is John R. Righter.

Sincerely,

ROBERT A. SUNSHINE

(For Dan L. Crippen, Director.)

Enclosure.

H.R. 809—Federal Protective Service Reform Act of 2000

Summary: H.R. 809 would reorganize the Federal Protective

Service (FPS) as a separate operating service of the General Services Administration (GSA). The FPS currently is part of GSA’s Public Buildings Service (PBS). The bill also would require that the

FPS increase the total number of its police officers to 730, issue

guidelines for the contracting of security personnel in GSA-controlled buildings, and provide pay and benefits to its law enforcement personnel that are equal to or greater than those provided by

the United States Capitol Police to its officers. The bill would authorize the appropriation of such sums as are necessary to implement its provisions.

CBO estimates that implementing H.R. 809 would increase the

FPS’s costs by a total of about $10 million over the 2001–2005 period, assuming appropriation of the necessary amounts. Because

enacting the bill could affect direct spending and receipts, pay-asyou-go procedures would apply; however, CBO estimates that any

impact on direct spending and receipts would not be significant.

H.R. 809 contains no intergovernmental or private-sector mandates

as defined in the Unfunded Mandates Reform Act (UMRA), and

would impose no costs on state, local, or tribal governments.

Estimated Cost to the Federal Government: The estimated budgetary impact of H.R. 809 is shown in the following table. The costs

of this legislation fall within budget function 800 (general government).

By fiscal year, in millions of dollars—

2000 2001 2002 2003 2004 2005

SPENDING SUBJECT TO APPROPRIATION 1

FPS Spending Under Current Law:

Estimated Authorization Level 2 ...................................................... 247 247 247 247 247 247

Estimated Outlays ........................................................................... 244 245 245 245 245 245

Proposed Changes:

Estimated Authorization Level ......................................................... 0 2 2 2 2 2

Estimated Outlays ........................................................................... 0 2 2 2 2 2

FPS Spending Under H.R. 809:

Estimated Authorization Level ......................................................... 247 249 249 249 249 249

12

By fiscal year, in millions of dollars—

2000 2001 2002 2003 2004 2005

Estimated Outlays ........................................................................... 244 247 247 247 247 247

1 By increasing the amount of a criminal fine, the bill also could affect governmental receipts and direct spending, but CBO estimates that

such amounts would not be significant. 2 The 2000 level is the amount appropriated for the FPS for that year. The levels shown for 2001 through 2005 are CBO baseline projections of spending for FPS without discretionary inflation. Although total spending for FPS would be somewhat greater with adjustments for in- flation, the incremental cost of the bill would not differ significantly.

Basis of estimate: Subject to the availability of appropriated

funds, CBO estimates that implementing H.R. 809 would cost the

FPS about $10 million over the 2001–2005 period, including costs

to provide its employees with more generous compensation, hire additional officers, establish it as a separate entity with GSA, and

issue regulations. In addition, the bill could affect both governmental receipts and direct spending, but CBO estimates that such

amounts would not be significant.

Spending subject to appropriation

For purposes of this estimate, CBO assumes that appropriations

will be provided near the beginning of each fiscal year and will be

sufficient to fund the activities authorized by the bill.

Provide Employees with More Generous Compensation. For calendar year 2001 only, H.R. 809 would require that FPS provide its

law enforcement personnel with pay and benefits that are equal to

or better than the pay and benefits package provided to officers of

the U.S. Capitol Police. Based on information from GSA, CBO estimates that implementing the provision would increase average

compensation costs for each of its roughly 730 officers by $1,500 to

$2,000, for a total increase in costs of about $1 million in fiscal

year 2001. Because we think it is unlikely that the FPS would reduce the compensation of its officers in 2002 back to its pre-2001

level, we estimate that the provision would also increase FPS personnel costs by between $1 million and $1.5 million in each of fiscal

years 2002 through 2005.

Establish the FPS as a Separate Operating Service. H.R. 809

would remove the FPS from the PBS and establish it as a separate

operating service of GSA. As a result, the FPS would need to hire

about 10 additional employees to provide support services, such as

personnel and budgeting, that currently are provided centrally by

the PBS. CBO estimates that the new support services would cost

the FPS about $500,000 annually over the 2001–2005 period.

Hire Additional Officers. H.R. 809 would require that the FPS increase the number of its full-time officers to at least 730 within one

year of its enactment. According to GSA, the FPS, which currently

has about 650 officers, is in the process of increasing that number

to about 730, in part by converting current security specialists into

police officers. As a result, CBO estimates that implementing this

provision would have no significant cost for the FPS.

Issue Regulations. Finally, the bill would require the new FPS

Commissioner to write regulations and issue separate guidelines

for the contracting of security personnel in GSA-controlled buildings. CBO estimates that issuing the regulations and standards

would cost the FPS less than $500,000 in fiscal year 2001.

13

Direct spending and receipts

Section 4 would increase the criminal fine for violations of certain regulations on GSA-controlled property; consequently, the federal government might collect additional fines if the bill is enacted.

Collections of such fines are recorded in the budget as governmental receipts (revenues), which are deposited in the Crime Victims Fund and spent in subsequent years. CBO expects that any

additional receipts and direct spending resulting from this provision would be less than $500,000 each year.

Pay-as-you-go considerations: The Balanced Budget and Emergency Deficit Control Act specifies pay-as-you-go procedures for legislation affecting direct spending and receipts. These procedures

would apply to H.R. 809 because it could affect direct spending and

receipts, but CBO estimates that the annual amount of such

changes would not be significant.

Intergovernmental and private sector impact: H.R. 809 contains

no intergovernmental or private-sector mandates as defined in

UMRA and would not affect the budgets of state, local, or tribal

governments.

Estimate prepared by: Federal costs: John R. Righter; State and

local impact: Susan Sieg Tompkins; and private-sector impact:

John Harris.

Estimate approved by: Robert A. Sunshine, Assistant Director for

Budget Analysis.

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause (3)(d)(1) of rule XIII of the Rules of the House

of Representatives, committee reports on a bill or joint resolution

of a public character shall include a statement citing the specific

powers granted to the Congress in the Constitution to enact the

measure. The Committee on Transportation and Infrastructure

finds that Congress has the authority to enact this measure pursuant to its powers granted under article I, section 8 of the Constitution.

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office

pursuant to section 423 of the Unfunded Mandates Reform Act.

(Public Law 104–4.)

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the

Federal Advisory Committee Act were created by legislation.

APPLICABILITY TO THE LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the

terms and conditions of employment or access to public services or

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. (Public Law 104–1.)

14

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 JUNE 1, 1948

AN ACT To authorize the Federal Works Administrator or officials of the Federal

Works Agency duly authorized by him to appoint special policemen for duty upon

Federal property under the jurisdiction of the Federal Works Agency, and for

other purposes.

øSECTION 1. SPECIAL POLICE.¿

SECTION 1. POLICE OFFICERS.

(a) APPOINTMENT.—The Administrator of General Services, or officials of the General Services Administration duly authorized by

the Administrator, may appoint øuniformed guards¿ certain employees of such Administration as øspecial policemen without additional compensation¿ police officers for duty in connection with the

policing of all buildings and areas owned or occupied by the United

States and under the charge and control of the Administrator.

(b) POWERS.—øSpecial policemen¿

(1) IN GENERAL.—Police officers appointed under this section

shall have the same powers as sheriffs and constables upon

property referred to in subsection (a) to enforce the laws enacted for the protection of persons and property, and to prevent

breaches of the peace, to suppress affrays or unlawful assemblies, and to enforce any rules and regulations promulgated by

the Administrator of General Services or such duly authorized

officials of the General Services Administration for the property under their jurisdiction; except that the jurisdiction and

policing powers of such special policemen shall not extend to

the service of civil process.

(2) ADDITIONAL POWERS.—Subject to paragraph (3), a police

officer appointed under this section is authorized while on

duty—

(A) to carry firearms in any State, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or

possession of the United States;

(B) to petition Federal courts for arrest and search warrants and to execute such warrants;

(C) to arrest an individual without a warrant if the individual commits a crime in the officer’s presence or if the officer has probable cause to believe that the individual has

committed a crime or is committing a crime; and

(D) to conduct investigations, on and off the property in

question, of offenses that have been or may be committed

against property under the charge and control of the Administrator or against persons on such property.

(3) APPROVAL OF REGULATIONS BY ATTORNEY GENERAL.—The

additional powers granted to police officers under paragraph

(2) shall become effective only after the Commissioner of the

Federal Protective Service issues regulations implementing

15

paragraph (2) and the Attorney General of the United States

approves such regulations.

(4) AUTHORITY OUTSIDE FEDERAL PROPERTY.—The Administrator may enter into agreements with State and local governments to obtain authority for police officers appointed under

this section to exercise, concurrently with State and local law

enforcement authorities, the powers granted to such officers

under this section in areas adjacent to property owned or occupied by the United States and under the charge and control of

the Administrator.

* * * * * * *

SEC. 3. Upon the application of the head of any department or

agency of the United States having property of the United States

under its administration and control, the Administrator of General

Services or officials of the General Services Administration duly

authorized by him are authorized to detail any such øspecial policemen¿ police officers for the protection of such property and if he

deems it desirable, to extend to such property the applicability of

any such regulations and to enforce the same as herein set forth;

and the Administrator of General Services or official of the General

Services Administration duly authorized by him, whenever it is

deemed economical and in the public interest, may utilize the facilities and services of existing Federal law-enforcement agencies, and,

with the consent of any State or local agency, the facilities and

services of such State or local law-enforcement agencies.

SEC. 4. ø(a) Except as provided in subsection (b), whoever violates any rule or regulation promulgated pursuant to section 2 of

this Act shall be fined not more than $50 or imprisoned not more

than thirty days, or both.¿ (a) IN GENERAL.—Except as provided in

subsection (b), whoever violates any rule or regulation promulgated

pursuant to section 2 shall be fined or imprisoned, or both, in an

amount not to exceed the maximum amount provided for a Class C

misdemeanor under sections 3571 and 3581 of title 18, United

States Code.

* * * * * * *

SEC. 5. Officials or employees of the General Services Administration who have been duly authorized to perform investigative

functions may be empowered by the Administrator of General Services, or officials of General Services Administration duly authorized

by him, to act as ønonuniformed special policemen¿ special agents

in order to protect property under the charge and control of the

General Services Administration and to carry firearms, whether on

Federal property or in travel status. Such officials or employees

who are empowered to act as ønonuniformed special policemen¿

special agents shall have, while on real property under the charge

and control of the General Services Administration, the power to

enforce Federal laws for the protection of persons and property and

the power to enforce rules and regulations made and published for

such purposes by the Administrator or duly authorized officials of

the General Services Administration. Any such øspecial policeman¿

special agent may make arrests without warrant for any offense

committed upon such property if he has reasonable ground to believe (1) the offense constitutes a felony under the laws of the

United States, and (2) that the person to be arrested is guilty of

that offense. Any such special agent while on duty shall have the

16

same authority outside Federal property as police officers have

under section 1(b)(4).

SEC. 6. ESTABLISHMENT OF FEDERAL PROTECTIVE SERVICE.

(a) IN GENERAL.—The Administrator of General Services shall establish the Federal Protective Service as a separate operating service

of the General Services Administration.

(b) APPOINTMENT OF COMMISSIONER.—

(1) IN GENERAL.—The Federal Protective Service shall be

headed by a Commissioner who shall be appointed by and report directly to the Administrator.

(2) QUALIFICATIONS.—The Commissioner shall be appointed

from among individuals who have at least 5 years of professional law enforcement experience in a command or supervisory

position.

(c) DUTIES OF THE COMMISSIONER.—The Commissioner shall—

(1) assist the Administrator in carrying out the duties of the

Administrator under this Act;

(2) except as otherwise provided by law, serve as the law enforcement officer and security official of the United States with

respect to the protection of Federal officers and employees in

buildings and areas that are owned or occupied by the United

States and under the charge and control of the Administrator

(other than buildings and areas that are secured by the United

States Secret Service);

(3) render necessary assistance, as determined by the Administrator, to other Federal, State, and local law enforcement

agencies upon request; and

(4) coordinate the activities of the Commissioner with the activities of the Commissioner of the Public Buildings Service.

Nothing in this subsection may be construed to supersede or otherwise affect the duties and responsibilities of the United States Secret

Service under sections 1752 and 3056 of title 18, United States

Code.

(d) APPOINTMENT OF REGIONAL DIRECTORS AND ASSISTANT COMMISSIONERS.—

(1) IN GENERAL.—The Commissioner may appoint regional

directors and assistant commissioners of the Federal Protective

Service.

(2) QUALIFICATIONS.—The Commissioner shall select individuals for appointments under paragraph (1) from among individuals who have at least 5 years of direct law enforcement experience, including at least 2 years in a supervisory position.

SEC. 7. PAY AND BENEFITS.

Notwithstanding any other provision of law or any other rule or

regulation, the pay and benefits for any employee of the Federal Protective Service who maintains active law enforcement status under

section 1 shall be determined in accordance with a pay and benefits

package established and maintained by the Administrator of General Services that is equivalent to the pay scale and benefits package

applicable to members of the United States Capitol Police. Such pay

scale and benefits package shall be established by regulation, shall

apply with respect to the pay period beginning January 1, 2001,

and ending December 31, 2001 (and such other pay periods as may

17

be authorized by law), and shall not result in a decrease in the pay

or benefits of any individual for such pay period.

SEC. 8. NUMBER OF POLICE OFFICERS.

After the 1-year period beginning on the date of enactment of this

section, there shall be at least 730 full-time equivalent police officers

in the Federal Protective Service. This number shall not be reduced

unless specifically authorized by law.

SEC. 9. EMPLOYMENT STANDARDS AND TRAINING.

The Commissioner of the Federal Protective Service shall prescribe minimum standards of suitability for employment to be applied in the contracting of security personnel for buildings and

areas that are owned or occupied by the United States and under

the control and charge of the Administrator of General Services.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated from the Federal Buildings

Fund established by section 210(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)) such sums as

may be necessary to carry out this Act.

SECTION 5316 OF TITLE 5, UNITED STATES CODE

§ 5316. Positions at level V

Level V of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as

adjusted by section 5318 of this title:

Administrator, Bonneville Power Administration, Department of the Interior.

* * * * * * *

Commissioner, Public Buildings Service, General Services

Administration.

Commissioner, Federal Protective Service, General Services

Administration.

* * * * * * *

COMMITTEE CORRESPONDENCE

HOUSE OF REPRESENTATIVES,

COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE,

Washington, DC, June 13, 2000.

Hon. DAN BURTON, Chairman, Committee on Government Reform, Rayburn House Office Building, Washington, DC.

DEAR MR. CHAIRMAN: Soon the House will consider H.R. 809, the

Federal Protective Service Reform Act of 2000. While H.R. 809 primarily contains provisions related to matters solely in the jurisdiction of the Committee on Transportation and Infrastructure, I recognize that Section 7 of the bill regarding federal pay issues are

under the jurisdiction of the Committee on Government Reform

and agree to modify Section 7 to meet your concern.

I agree that allowing this bill to go forward in no way impairs

upon your jurisdiction over these provisions, and I would be

18

pleased to place this letter and your letter of June 13, 2000 in the

Committee’s Report. In addition, if a conference is necessary on

this bill, I would support any request to have the Committee on

Government Reform be represented on the conference with respect

to the matters in question.

I look forward to passing this bill on the Floor soon and thank

you for your assistance.

Sincerely,

BUD SHUSTER, Chairman.

HOUSE OF REPRESENTATIVES,

COMMITTEE ON GOVERNMENT REFORM,

Washington, DC, June 13, 2000.

Hon. BUD SHUSTER,

Chairman, Committee on Transportation and Infrastructure, House

of Representatives, Rayburn House Office Building, Washington, DC.

DEAR MR. CHAIRMAN: In the interest of expediting Floor consideration of the bill, the Committee will not exercise its jurisdiction

over H.R. 809. However, we have agreed that the following language is to replace the existing language in section 7 of the legislation.

The Office of Personnel Management shall survey the

pay and benefits of all federal police forces to determine

whether there are disparities between the pay and benefits

of such forces that are not commensurate with differences

in duties or working conditions. The Office shall submit a

report to the Congress within 12 months after the date of

enactment of this Act, which shall contain the Office’s findings and recommendations. In order for the Committees to

properly evaluate granting law enforcement status, the

Committees expect the report to be completed and submitted within the stated timeframe.

As you know, House Rules grant the Committee on Government

Reform wide jurisdiction over government management issues including matters related to Federal civil service. This action should

not, however, be construed as waiving the Committee’s jurisdiction

over future legislation of a similar nature.

I look forward to working with you on this and other issues

throughout the remainder of the 106th Congress.

Sincerely,

DAN BURTON, Chairman.

Æ