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Union Calendar No. 379

106TH CONGRESS

2D SESSION H. R. 809

[Report No. 106–676]

To amend the Act of June 1, 1948, to provide for reform of the Federal

Protective Service.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 23, 1999

Mr. TRAFICANT introduced the following bill; which was referred to the

Committee on the Judiciary

MARCH 9, 2000

The Committee on the Judiciary discharged

MARCH 9, 2000

Rereferred to the Committee on Transportation and Infrastructure

JUNE 14, 2000

Additional sponsors: Ms. GRANGER, Mr. UNDERWOOD, Ms. NORTON, Mr.

FROST, Mr. WYNN, Ms. BROWN of Florida, Ms. WOOLSEY, Mr. MARTINEZ, Mr. DUNCAN, Mr. YOUNG of Alaska, Mr. SKEEN, Mr.

LATOURETTE, Mr. COBURN, Ms. MCKINNEY, Mr. ENGLISH, Mr. WATTS

of Oklahoma, Mr. DEAL of Georgia, Mr. CALVERT, Ms. PELOSI, Mr.

GUTIERREZ, Mr. MCNULTY, Mr. TERRY, Mr. COSTELLO, Mr. COOKSEY,

Mr. MCHUGH, Mr. STRICKLAND, Mr. INSLEE, Mr. DAVIS of Virginia, Ms.

DANNER, Mr. MORAN of Virginia, Mr. WALSH, Mr. GILMAN, Mr.

FORBES, and Mr. FILNER

JUNE 14, 2000

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed
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[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on February 23, 1999]

A BILL

To amend the Act of June 1, 1948, to provide for reform

of the Federal Protective Service.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Federal Protective Serv5 ice Reform Act of 2000’’.

6 SEC. 2. DESIGNATION OF POLICE OFFICERS.

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

8 amended—

9 (1) in section 1 by striking the section heading

10 and inserting the following:

11 ‘‘SECTION 1. POLICE OFFICERS.’’;

12 (2) in sections 1 and 3 by striking ‘‘special po13 licemen’’ each place it appears and inserting ‘‘police

14 officers’’;

15 (3) in section 1(a) by striking ‘‘uniformed

16 guards’’ and inserting ‘‘certain employees’’; and

17 (4) in section 1(b) by striking ‘‘Special police18 men’’ and inserting the following:

19 ‘‘(1) IN GENERAL.—Police officers’’.
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1 SEC. 3. POWERS.

2 Section 1(b) of the Act of June 1, 1948 (40 U.S.C.

3 318(b)), is further amended—

4 (1) by adding at the end the following:

5 ‘‘(2) ADDITIONAL POWERS.—Subject to para6 graph (3), a police officer appointed under this sec7 tion is authorized while on duty—

8 ‘‘(A) to carry firearms in any State, the

9 District of Columbia, the Commonwealth of

10 Puerto Rico, or any territory or possession of the

11 United States;

12 ‘‘(B) to petition Federal courts for arrest

13 and search warrants and to execute such war14 rants;

15 ‘‘(C) to arrest an individual without a war16 rant if the individual commits a crime in the of17 ficer’s presence or if the officer has probable

18 cause to believe that the individual has com19 mitted a crime or is committing a crime; and

20 ‘‘(D) to conduct investigations, on and off

21 the property in question, of offenses that have

22 been or may be committed against property

23 under the charge and control of the Adminis24 trator or against persons on such property.

25 ‘‘(3) APPROVAL OF REGULATIONS BY ATTORNEY

26 GENERAL.—The additional powers granted to police
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1 officers under paragraph (2) shall become effective

2 only after the Commissioner of the Federal Protective

3 Service issues regulations implementing paragraph

4 (2) and the Attorney General of the United States ap5 proves such regulations.

6 ‘‘(4) AUTHORITY OUTSIDE FEDERAL PROP7 ERTY.—The Administrator may enter into agreements

8 with State and local governments to obtain authority

9 for police officers appointed under this section to exer10 cise, concurrently with State and local law enforce11 ment authorities, the powers granted to such officers

12 under this section in areas adjacent to property

13 owned or occupied by the United States and under

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

15 (2) by moving the left margin of paragraph (1),

16 as designated by section 2(4) of this Act, so as to ap17 propriately align with paragraphs (2), (3), and (4),

18 as added by paragraph (1) of this subsection.

19 SEC. 4. PENALTIES.

20 Section 4(a) of the Act of June 1, 1948 (40 U.S.C.

21 318c(a)), is amended to read as follows:

22 ‘‘(a) IN GENERAL.—Except as provided in subsection

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

24 pursuant to section 2 shall be fined or imprisoned, or both,

25 in an amount not to exceed the maximum amount provided
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1 for a Class C misdemeanor under sections 3571 and 3581

2 of title 18, United States Code.’’.

3 SEC. 5. SPECIAL AGENTS.

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

5 is amended—

6 (1) by striking ‘‘nonuniformed special police7 men’’ each place it appears and inserting ‘‘special

8 agents’’;

9 (2) by striking ‘‘special policeman’’ and insert10 ing ‘‘special agent’’; and

11 (3) by adding at the end the following: ‘‘Any

12 such special agent while on duty shall have the same

13 authority outside Federal property as police officers

14 have under section 1(b)(4).’’.

15 SEC. 6. ESTABLISHMENT OF FEDERAL PROTECTIVE

16 SERVICE.

17 (a) IN GENERAL.—The Act of June 1, 1948 (40 U.S.C.

18 318–318d), is amended by adding at the end the following:

19 ‘‘SEC. 6. ESTABLISHMENT OF FEDERAL PROTECTIVE

20 SERVICE.

21 ‘‘(a) IN GENERAL.—The Administrator of General

22 Services shall establish the Federal Protective Service as a

23 separate operating service of the General Services Adminis24 tration.

25 ‘‘(b) APPOINTMENT OF COMMISSIONER.—
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1 ‘‘(1) IN GENERAL.—The Federal Protective Serv2 ice shall be headed by a Commissioner who shall be

3 appointed by and report directly to the Adminis4 trator.

5 ‘‘(2) QUALIFICATIONS.—The Commissioner shall

6 be appointed from among individuals who have at

7 least 5 years of professional law enforcement experi8 ence in a command or supervisory position.

9 ‘‘(c) DUTIES OF THE COMMISSIONER.—The Commis10 sioner shall—

11 ‘‘(1) assist the Administrator in carrying out the

12 duties of the Administrator under this Act;

13 ‘‘(2) except as otherwise provided by law, serve

14 as the law enforcement officer and security official of

15 the United States with respect to the protection of

16 Federal officers and employees in buildings and areas

17 that are owned or occupied by the United States and

18 under the charge and control of the Administrator

19 (other than buildings and areas that are secured by

20 the United States Secret Service);

21 ‘‘(3) render necessary assistance, as determined

22 by the Administrator, to other Federal, State, and

23 local law enforcement agencies upon request; and
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1 ‘‘(4) coordinate the activities of the Commis2 sioner with the activities of the Commissioner of the

3 Public Buildings Service.

4 Nothing in this subsection may be construed to supersede

5 or otherwise affect the duties and responsibilities of the

6 United States Secret Service under sections 1752 and 3056

7 of title 18, United States Code.

8 ‘‘(d) APPOINTMENT OF REGIONAL DIRECTORS AND AS9 SISTANT COMMISSIONERS.—

10 ‘‘(1) IN GENERAL.—The Commissioner may ap11 point regional directors and assistant commissioners

12 of the Federal Protective Service.

13 ‘‘(2) QUALIFICATIONS.—The Commissioner shall

14 select individuals for appointments under paragraph

15 (1) from among individuals who have at least 5 years

16 of direct law enforcement experience, including at

17 least 2 years in a supervisory position.’’.

18 (b) PAY LEVEL OF COMMISSIONER.—Section 5316 of

19 title 5, United States Code, is amended by inserting after

20 the paragraph relating to the Commissioner of the Public

21 Buildings Service the following:

22 ‘‘Commissioner, Federal Protective Service, Gen23 eral Services Administration.’’.
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1 SEC. 7. PAY AND BENEFITS.

2 (a) IN GENERAL.—The Act of June 1, 1948 (40 U.S.C.

3 318–318d), is further amended by adding at the end the

4 following:

5 ‘‘SEC. 7. PAY AND BENEFITS.

6 ‘‘Notwithstanding any other provision of law or any

7 other rule or regulation, the pay and benefits for any em8 ployee of the Federal Protective Service who maintains ac9 tive law enforcement status under section 1 shall be deter10 mined in accordance with a pay and benefits package estab11 lished and maintained by the Administrator of General

12 Services that is equivalent to the pay scale and benefits

13 package applicable to members of the United States Capitol

14 Police. Such pay scale and benefits package shall be estab15 lished by regulation, shall apply with respect to the pay

16 period beginning January 1, 2001, and ending December

17 31, 2001 (and such other pay periods as may be authorized

18 by law), and shall not result in a decrease in the pay or

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

20 (b) CONFORMING AMENDMENT.—Section 1(a) of such

21 Act (40 U.S.C. 318(a)), is amended by striking ‘‘without

22 additional compensation’’.

23 SEC. 8. NUMBER OF POLICE OFFICERS.

24 (a) IN GENERAL.—The Act of June 1, 1948 (40 U.S.C.

25 318–318d), is further amended by adding at the end the

26 following:
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1 ‘‘SEC. 8. NUMBER OF POLICE OFFICERS.

2 ‘‘After the 1-year period beginning on the date of en3 actment of this section, there shall be at least 730 full-time

4 equivalent police officers in the Federal Protective Service.

5 This number shall not be reduced unless specifically author6 ized by law.’’.

7 SEC. 9. EMPLOYMENT STANDARDS AND TRAINING.

8 The Act of June 1, 1948 (40 U.S.C. 318–318d), is fur9 ther amended by adding at the end the following:

10 ‘‘SEC. 9. EMPLOYMENT STANDARDS AND TRAINING.

11 ‘‘The Commissioner of the Federal Protective Service

12 shall prescribe minimum standards of suitability for em13 ployment to be applied in the contracting of security per14 sonnel for buildings and areas that are owned or occupied

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

16 the Administrator of General Services.’’.

17 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

18 The Act of June 1, 1948 (40 U.S.C. 318–318d), is fur19 ther amended by adding at the end the following:

20 ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

21 ‘‘There is authorized to be appropriated from the Fed22 eral Buildings Fund established by section 210(f) of the

23 Federal Property and Administrative Services Act of 1949

24 (40 U.S.C. 490(f)) such sums as may be necessary to carry

25 out this Act.’’.
Union Calendar No. 379

106TH CONGRESS

2D SESSION H. R. 809

[Report No. 106–676]

A BILL

To amend the Act of June 1, 1948, to provide for

reform of the Federal Protective Service.

JUNE 14, 2000

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union,

and ordered to be printed