IIB

106TH CONGRESS

2D SESSION H. R. 809

IN THE SENATE OF THE UNITED STATES

JUNE 28, 2000

Received; read twice and referred to the Committee on Environment and

Public Works

AN ACT

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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Federal Protective

3 Service Reform Act of 2000’’.

4 SEC. 2. DESIGNATION OF POLICE OFFICERS.

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

6 amended—

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

8 and inserting the following:

9 ‘‘SECTION 1. POLICE OFFICERS.’’;

10 (2) in sections 1 and 3 by striking ‘‘special po11 licemen’’ each place it appears and inserting ‘‘police

12 officers’’;

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

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

15 (4) in section 1(b) by striking ‘‘Special police16 men’’ and inserting the following:

17 ‘‘(1) IN GENERAL.—Police officers’’.

18 SEC. 3. POWERS.

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

20 318(b)), is further amended—

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

22 ‘‘(2) ADDITIONAL POWERS.—Subject to para23 graph (3), a police officer appointed under this sec24 tion is authorized while on duty—

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

26 District of Columbia, the Commonwealth of
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1 Puerto Rico, or any territory or possession of

2 the United States;

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

4 and search warrants and to execute such war5 rants;

6 ‘‘(C) to arrest an individual without a war7 rant if the individual commits a crime in the of8 ficer’s presence or if the officer has probable

9 cause to believe that the individual has com10 mitted a crime or is committing a crime; and

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

12 the property in question, of offenses that have

13 been or may be committed against property

14 under the charge and control of the Adminis15 trator or against persons on such property.

16 ‘‘(3) APPROVAL OF REGULATIONS BY ATTOR17 NEY GENERAL.—The additional powers granted to

18 police officers under paragraph (2) shall become ef19 fective only after the Commissioner of the Federal

20 Protective Service issues regulations implementing

21 paragraph (2) and the Attorney General of the

22 United States approves such regulations.

23 ‘‘(4) AUTHORITY OUTSIDE FEDERAL PROP24 ERTY.—The Administrator may enter into agree25 ments with State and local governments to obtain
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1 authority for police officers appointed under this sec2 tion to exercise, concurrently with State and local

3 law enforcement authorities, the powers granted to

4 such officers under this section in areas adjacent to

5 property owned or occupied by the United States

6 and under the charge and control of the Adminis7 trator.’’; and

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

9 as designated by section 2(4) of this Act, so as to

10 appropriately align with paragraphs (2), (3), and

11 (4), as added by paragraph (1) of this subsection.

12 SEC. 4. PENALTIES.

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

14 318c(a)), is amended to read as follows:

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

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

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

18 in an amount not to exceed the maximum amount pro19 vided for a Class C misdemeanor under sections 3571 and

20 3581 of title 18, United States Code.’’.

21 SEC. 5. SPECIAL AGENTS.

22 Section 5 of the Act of June 1, 1948 (40 U.S.C.

23 318d), is amended—
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1 (1) by striking ‘‘nonuniformed special police2 men’’ each place it appears and inserting ‘‘special

3 agents’’;

4 (2) by striking ‘‘special policeman’’ and insert5 ing ‘‘special agent’’; and

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

7 such special agent while on duty shall have the same

8 authority outside Federal property as police officers

9 have under section 1(b)(4).’’.

10 SEC. 6. ESTABLISHMENT OF FEDERAL PROTECTIVE

11 SERVICE.

12 (a) IN GENERAL.—The Act of June 1, 1948 (40

13 U.S.C. 318–318d), is amended by adding at the end the

14 following:

15 ‘‘SEC. 6. ESTABLISHMENT OF FEDERAL PROTECTIVE

16 SERVICE.

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

18 Services shall establish the Federal Protective Service as

19 a separate operating service of the General Services Ad20 ministration.

21 ‘‘(b) APPOINTMENT OF COMMISSIONER.—

22 ‘‘(1) IN GENERAL.—The Federal Protective

23 Service shall be headed by a Commissioner who shall

24 be appointed by and report directly to the Adminis25 trator.
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1 ‘‘(2) QUALIFICATIONS.—The Commissioner

2 shall be appointed from among individuals who have

3 at least 5 years of professional law enforcement ex4 perience in a command or supervisory position.

5 ‘‘(c) DUTIES OF THE COMMISSIONER.—The Commis6 sioner shall—

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

8 the duties of the Administrator under this Act;

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

10 as the law enforcement officer and security official

11 of the United States with respect to the protection

12 of Federal officers and employees in buildings and

13 areas that are owned or occupied by the United

14 States and under the charge and control of the Ad15 ministrator (other than buildings and areas that are

16 secured by the United States Secret Service);

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

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

19 local law enforcement agencies upon request; and

20 ‘‘(4) coordinate the activities of the Commis21 sioner with the activities of the Commissioner of the

22 Public Buildings Service.

23 Nothing in this subsection may be construed to supersede

24 or otherwise affect the duties and responsibilities of the
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1 United States Secret Service under sections 1752 and

2 3056 of title 18, United States Code.

3 ‘‘(d) APPOINTMENT OF REGIONAL DIRECTORS AND

4 ASSISTANT COMMISSIONERS.—

5 ‘‘(1) IN GENERAL.—The Commissioner may ap6 point regional directors and assistant commissioners

7 of the Federal Protective Service.

8 ‘‘(2) QUALIFICATIONS.—The Commissioner

9 shall select individuals for appointments under para10 graph (1) from among individuals who have at least

11 5 years of direct law enforcement experience, includ12 ing at least 2 years in a supervisory position.’’.

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

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

15 the paragraph relating to the Commissioner of the Public

16 Buildings Service the following:

17 ‘‘Commissioner, Federal Protective Service,

18 General Services Administration.’’.

19 SEC. 7. PAY AND BENEFITS.

20 (a) IN GENERAL.—The Act of June 1, 1948 (40

21 U.S.C. 318–318d), is further amended by adding at the

22 end the following:

23 ‘‘SEC. 7. PAY AND BENEFITS.

24 ‘‘Notwithstanding any other provision of law or any

25 other rule or regulation, the pay and benefits for any em-
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1 ployee of the Federal Protective Service who maintains ac2 tive law enforcement status under section 1 shall be deter3 mined in accordance with a pay and benefits package es4 tablished and maintained by the Administrator of General

5 Services that is equivalent to the pay scale and benefits

6 package applicable to members of the United States Cap7 itol Police. Such pay scale and benefits package shall be

8 established by regulation, shall apply with respect to the

9 pay period beginning January 1, 2001, and ending De10 cember 31, 2001 (and such other pay periods as may be

11 authorized by law), and shall not result in a decrease in

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

13 (b) CONFORMING AMENDMENT.—Section 1(a) of

14 such Act (40 U.S.C. 318(a)), is amended by striking

15 ‘‘without additional compensation’’.

16 SEC. 8. NUMBER OF POLICE OFFICERS.

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

18 U.S.C. 318–318d), is further amended by adding at the

19 end the following:

20 ‘‘SEC. 8. NUMBER OF POLICE OFFICERS.

21 ‘‘After the 1-year period beginning on the date of the

22 enactment of this section, there shall be at least 730 full23 time equivalent police officers in the Federal Protective

24 Service. This number shall not be reduced unless specifi25 cally authorized by law.’’.
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1 SEC. 9. EMPLOYMENT STANDARDS AND TRAINING.

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

3 further amended by adding at the end the following:

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

5 ‘‘The Commissioner of the Federal Protective Service

6 shall prescribe minimum standards of suitability for em7 ployment to be applied in the contracting of security per8 sonnel for buildings and areas that are owned or occupied

9 by the United States and under the control and charge

10 of the Administrator of General Services.’’.

11 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

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

13 further amended by adding at the end the following:

14 ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

15 ‘‘There is authorized to be appropriated from the

16 Federal Buildings Fund established by section 210(f) of

17 the Federal Property and Administrative Services Act of

18 1949 (40 U.S.C. 490(f)) such sums as may be necessary

19 to carry out this Act.’’.

Passed the House of Representatives June 27, 2000.

Attest: JEFF TRANDAHL,

Clerk.