I
105TH CONGRESS
2D SESSION
H. R. 4034
To amend the Act of June 1, 1948, to provide for reform of the Federal
Protective Service.
IN THE HOUSE OF REPRESENTATIVES
JUNE 10, 1998
Mr. TRAFICANT introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
A BILL
To amend the Act of June 1, 1948, to provide for reform
of the Federal Protective Service.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Federal Protective
Service Reform Act of 1998’’.
SEC. 2. DESIGNATION OF POLICE OFFICERS.
The Act of June 1, 1948 (40 U.S.C. 318–318d), is
amended—
(1) by striking ‘‘special policemen’’ each place
it appears in the Act and inserting ‘‘police officers’’;
(2) in section 1 by striking the section heading
and inserting the following:
‘‘SECTION 1. POLICE OFFICERS.’’;
(3) in section 1(b) by striking ‘‘Special police-
men’’ and inserting ‘‘Police officers’’; and
(4) in section 5 by striking ‘‘special policeman’’
and inserting ‘‘police officer’’.
SEC. 3. POWERS.
(a) IN GENERAL.—Section 1(b) of the Act of June
1, 1948 (40 U.S.C. 318(b)), is amended—
(1) by inserting ‘‘, and subject to paragraph (3)
in any area within 500 feet from such property,’’
after ‘‘subsection (a)’’; and
(2) by inserting before the period at the end the
following: ‘‘and shall be concurrent with State and
local law enforcement authorities in the area in
which the property is located’’.
(b) ADDITIONAL POWERS.—Section 1(b) of such Act
is further amended—
(1) by striking ‘‘Police officers’’ and inserting
the following:
‘‘(1) IN GENERAL.—Police officers’’;
(2) by adding at the end the following:
‘‘(2) ADDITIONAL
POWERS.—A police officer
appointed under this section is authorized—
‘‘(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, subject to conditions con-
tained in regulations to be prescribed by the
Commissioner of the Federal Protective Service;
‘‘(B) to petition Federal courts for arrest
and search warrants and to execute such war-
rants;
‘‘(C) to arrest an individual without a war-
rant if the individual commits a crime in the of-
ficer’s presence or if the officer has probable
cause to believe that the individual has commit-
ted a crime or is committing a crime;
‘‘(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 Adminis-
trator or against persons on such property; and
‘‘(E) to coordinate with other law enforce-
ment agencies that have intelligence gathering
authority for the protection of persons and
property described in subparagraph (D).
‘‘(3) AUTHORITY
OUTSIDE
FEDERAL
PROP-
ERTY.—A police officer appointed under this section
is authorized to exercise any power granted under
this section in an area that is within 500 feet of an
area owned or occupied by the United States and
under the charge and control of the Administrator
if—
‘‘(A)(i) the officer reasonably believes that
the action is necessary to prevent or stop a fel-
ony in progress that threatens life, limb, or
property;
‘‘(ii) the felony is being committed in the
presence of the officer; and
‘‘(iii) there is insufficient time to contact
local law enforcement authorities; or
‘‘(B) there is a known, immediate threat
directed at property under the charge and con-
trol of the Administrator or against persons on
such property.’’; and
(3) by moving the left margin of paragraph (1),
as designated by paragraph (1) of this subsection, so
as to appropriately align with paragraphs (2) and
(3), as designated by paragraph (2) of this sub-
section.
SEC. 4. PENALTIES.
Section 4 of the Act of June 1, 1948 (40 U.S.C.
318c), is amended by striking ‘‘not more $50’’ and insert-
ing ‘‘not more than $5,000’’.
SEC. 5. NONUNIFORMED SPECIAL POLICE OFFICERS.
Section 5 of the Act of June 1, 1948 (40 U.S.C.
318d), is amended by adding at the end the following:
‘‘Any such special law enforcement officer shall have the
same authority outside Federal property as police officers
have under section 1(b)(3).’’.
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 Ad-
ministration.
‘‘(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 Adminis-
trator.
‘‘(2) 
QUALIFICATIONS.—The 
Commissioner
shall be appointed from among individuals who have
at least 5 years of professional law enforcement ex-
perience in a command or supervisory position.
‘‘(c) DUTIES OF THE COMMISSIONER.—The Commis-
sioner shall—
‘‘(1) assist the Administrator in carrying out
the duties of the Administrator under this Act;
‘‘(2) serve as the principal law enforcement offi-
cer and security official of the United States with re-
spect to the protection of Federal officers and em-
ployees in buildings and areas that are owned or oc-
cupied by the United States and under the charge
and control of the Administrator; and
‘‘(3) render necessary assistance, as determined
by the Commissioner, to other Federal, State, and
local law enforcement agencies upon request.
‘‘(d) APPOINTMENT OF REGIONAL DIRECTORS AND
ASSISTANT COMMISSIONERS.—
‘‘(1) IN GENERAL.—The Commissioner may ap-
point regional directors and assistant commissioners
of the Federal Protective Service.
‘‘(2) 
QUALIFICATIONS.—The 
Commissioner
shall select individuals for appointments under para-
graph (1) from among individuals who have at least
5 years of direct law enforcement experience, includ-
ing at least 2 years in a supervisory position.
‘‘(e) COORDINATION
WITH
PUBLIC
BUILDINGS
SERVICE.—The Commissioner shall carry out the duties
of the Commissioner in coordination with the Commis-
sioner of the Public Buildings Service.’’.
(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 police
officers and criminal investigators in the Federal Protec-
tive Service 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 Secret Service Uniformed Division.
Such pay scale and benefits package shall be established
by regulation, shall apply with respect to pay periods be-
ginning after January 1, 1999, and shall not result in a
decrease in the pay or benefits of any individual.’’.
(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.
‘‘(a) REDUCTIONS NOT PERMITTED.—After the 1-
year period beginning on the date of enactment of this
section, there shall be at least 730 full-time equivalent po-
lice officers in the Federal Protective Service. This num-
ber shall not be reduced unless specifically authorized by
law.
‘‘(b) CONSOLIDATION
OF
BUILDING
SECURITY
FORCES.—
‘‘(1) STUDY.—The Comptroller General of the
United States shall conduct a study to determine the
feasibility of merging all building security forces of
the Executive branch within, and under the super-
vision of, the Federal Protective Service.
‘‘(2) REPORT.—Not later than 12 months after
the date of enactment of this section, the Comptrol-
ler General shall transmit to Congress a report con-
taining the results of the study conducted under
paragraph (1).’’.
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 Federal Protective Service
shall prescribe standards for the contracting of security
personnel for buildings and areas that are owned or occu-
pied by the United States and under the charge and con-
trol of the Administrator of General Services. Such stand-
ards shall ensure that contract personnel receive adequate
training and are subject to the same background check
requirements as police officers of the Federal Protective
Service.’’.
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