I
107TH CONGRESS
2D SESSION
H. R. 4770
To amend the Act of June 1, 1948, to enhance homeland security and
the public property protection capabilities of the Federal Government,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 20, 2002
Mr. YOUNG of Alaska (for himself, Mr. OBERSTAR, Mr. LATOURETTE, and
Mr. COSTELLO) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committee on Government Reform, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To amend the Act of June 1, 1948, to enhance homeland
security and the public property protection capabilities
of the Federal Government, and for other purposes.
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 ‘‘Ronald C. Sheffield
Federal Property Protection Act of 2002’’.
SEC. 2. LAW ENFORCEMENT AUTHORITY OF GENERAL
SERVICES ADMINISTRATION.
(a) IN GENERAL.—The Act of June 1, 1948 (40
U.S.C. 318–318d; chapter 359; 62 Stat. 281) is amended
to read as follows:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Protection of Public
Property Act’.
‘‘SEC. 2. DEFINITIONS.
‘‘In this Act, the following definitions apply:
‘‘(1) ADMINISTRATOR.—The term ‘Adminis-
trator’ means the Administrator of General Services.
‘‘(2) 
COMMISSIONER.—The 
term 
‘Commis-
sioner’ means the Commissioner of the Federal Pro-
tective Service.
‘‘SEC. 3. LAW ENFORCEMENT AUTHORITY OF GENERAL
SERVICES ADMINISTRATION.
‘‘(a) OFFICE OF FEDERAL PROTECTIVE SERVICE.—
There is established in the General Services Administra-
tion the Office of the Federal Protective Service.
‘‘(b) COMMISSIONER
OF
FEDERAL
PROTECTIVE
SERVICE.—
‘‘(1) APPOINTMENT.—The head of the Office
shall be the Commissioner of the Federal Protective
Service, who shall be appointed by the Adminis-
trator. The Commissioner shall 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 ex-
perience in a command or supervisory position.
‘‘(3) DUTIES.—The Administrator shall pre-
scribe the duties and responsibilities of the Commis-
sioner.
‘‘(c) OFFICERS AND AGENTS.—
‘‘(1) DESIGNATION.—The Administrator may
designate employees of the Office of the Federal
Protective Service as officers and agents for duty in
connection with the protection of property owned or
occupied by the Federal Government and persons on
the property, including duty in areas outside the
property to the extent necessary to protect the prop-
erty and persons on the property.
‘‘(2) POWERS.—While engaged in the perform-
ance of official duties, an officer or agent designated
under this subsection may—
‘‘(A) enforce Federal laws and regulations
for the protection of persons and property;
‘‘(B) carry firearms;
‘‘(C) make arrests without a warrant for
any offense against the United States com-
mitted in the presence of the officer or agent or
for any felony cognizable under the laws of the
United States if the officer or agent has reason-
able grounds to believe that the person to be ar-
rested has committed or is committing a felony;
‘‘(D) serve warrants and subpoenas issued
under the authority of the United States; and
‘‘(E) conduct investigations, on and off the
property in question, of offenses that may have
been committed against property owned or oc-
cupied by the Federal Government or persons
on the property.
‘‘(d) REGULATIONS.—
‘‘(1) IN
GENERAL.—The Administrator may
prescribe regulations necessary for the protection
and administration of property owned or occupied by
the Federal Government and persons on the prop-
erty. The regulations may include reasonable pen-
alties, within the limits prescribed in paragraph (2),
for violations of the regulations. The regulations
shall be posted and remain posted in a conspicuous
place on the property.
‘‘(2) PENALTIES.—A person violating a regula-
tion prescribed under this subsection shall be fined
under title 18, United States Code, imprisoned for
not more than 30 days, or both.
‘‘(e) DETAILS.—
‘‘(1) REQUESTS OF AGENCIES.—On the request
of the head of a Federal agency having charge or
control of property owned or occupied by the Federal
Government, the Administrator may detail officers
and agents designated under this section for the pro-
tection of the property and persons on the property.
‘‘(2) APPLICABILITY
OF
REGULATIONS.—The
Administrator may—
‘‘(A) extend to property referred to in
paragraph (1) the applicability of regulations
prescribed under this section and enforce the
regulations as provided in this section; or
‘‘(B) utilize the authority and regulations
of the requesting agency if agreed to in writing
by the agencies.
‘‘(3) FACILITIES
AND
SERVICES
OF
OTHER
AGENCIES.—When the Administrator determines it
to be economical and in the public interest, the Ad-
ministrator may utilize the facilities and services of
Federal, State, and local law enforcement agencies,
with the consent of the agencies.
‘‘(f) AUTHORITY OUTSIDE FEDERAL PROPERTY.—
For the protection of property owned or occupied by the
Federal Government and persons on the property, the Ad-
ministrator may enter into agreements with Federal agen-
cies and with State and local governments to obtain au-
thority for officers and agents designated under this sec-
tion to enforce Federal laws and State and local laws con-
currently with other Federal law enforcement officers and
with State and local law enforcement officers.
‘‘(g) ADMINISTRATOR AND ATTORNEY GENERAL AP-
PROVAL.—The powers granted to officers and agents des-
ignated under this section shall be exercised in accordance
with guidelines approved by the Administrator and the At-
torney General.
‘‘(h) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in this section shall be construed to preclude or
limit the authority of any Federal law enforcement agency.
‘‘SEC. 4. SPECIAL PAY.
‘‘Without regard to the pay provisions of chapter 51
of title 5, United States Code, and subchapter III of chap-
ter 53 of such title, the Administrator may, in the Admin-
istrator’s sole discretion, fix the rates of basic pay for the
positions occupied by officers and agents designated under
this Act so as to enable the officers and agents to be ap-
propriately compensated in comparison to personnel per-
forming comparable duties in other law enforcement orga-
nizations in the local labor market.
‘‘SEC. 5. MINIMUM STANDARDS FOR CONTRACTING OF SE-
CURITY PERSONNEL.
‘‘The Commissioner shall prescribe minimum stand-
ards of suitability for employment to be applied by the
Commissioner in the contracting of security personnel for
property owned or occupied by the Federal Government
and persons on the property.’’.
(b) TRANSITIONAL PROVISIONS.—
(1) COMMISSIONER OF FEDERAL PROTECTIVE
SERVICE.—On the date of enactment of this Act, the
individual serving as the Assistant Commissioner of
the Federal Protective Service shall become the
Commissioner of the Federal Protective Service
under section 3(b) of the Protection of Public Prop-
erty Act (as amended by this section). The require-
ments contained in that section concerning the ap-
pointment and qualifications of the Commissioner
shall not apply to that individual.
(2) POWERS OF OFFICERS AND AGENTS.—Until
the date of approval of guidelines by the Adminis-
trator and the Attorney General under section 3 of
the Protection of Public Property Act (as amended
by this section), officers and agents of the Office of
the Federal Protective Service may exercise only
those powers specified in section 1 of the Act of
June 1, 1948 (40 U.S.C. 318; chapter 359; 62 Stat.
281), as in effect on the day before the date of en-
actment of this Act.
(c) SENSE OF CONGRESS.—It is the sense of Con-
gress that the number of full-time equivalent employees
of the Office of the Federal Protective Service designated
as officers and agents should be maintained at not fewer
than 750.
SEC. 3. FEDERAL PROTECTIVE SERVICE OFFICERS RETIRE-
MENT AND BENEFITS PROVISIONS.
(a) MAXIMUM AGE FOR ENTRY INTO THE POSITION
OF FEDERAL PROTECTIVE SERVICE OFFICER.—Section
3307 of title 5, United States Code, is amended—
(1) in subsection (a) by striking ‘‘and (f)’’ and
inserting ‘‘(f), and (g)’’; and
(2) by adding at the end the following:
‘‘(g) The Administrator of General Services may de-
termine and fix the maximum age limit for an original
appointment to a position as a Federal Protective Service
Officer, as defined by section 8331(29) or 8401(35).’’.
(b) AMENDMENTS RELATING TO THE CIVIL SERVICE
RETIREMENT SYSTEM.—
(1) DEFINITION.—Section 8331 of title 5,
United States Code, is amended—
(A) by striking ‘‘and’’ at the end of para-
graph (27);
(B) by striking the period at the end of
paragraph (28) and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(29) ‘Federal Protective Service Officer’
means—
‘‘(A) an employee occupying a position in
the Office of the Federal Protective Service (es-
tablished by section 3(a) of the Protection of
Public Property Act), the duties of which posi-
tion are primarily—
‘‘(i) to detect, investigate, apprehend,
arrest, or detain individuals suspected or
convicted of offenses against the criminal
laws of the United States;
‘‘(ii) to protect and secure the per-
sonal safety of officials and other employ-
ees of the United States, as well as occu-
pants and visitors on Federally-controlled
property; and
‘‘(iii) to gather, assess, and analyze
information relating to threats, and to re-
spond to threats and attacks, against per-
sons and property of the United States;
and
‘‘(B) an employee who is transferred di-
rectly to a supervisory or administrative posi-
tion in the Office of the Federal Protective
Service from a position of Federal Protective
Service Officer (as defined by subparagraph
(A)) or law enforcement officer;
any determination as to whether or not an employee
satisfies subparagraph (B) shall, in the case of an
employee occupying a position in the Office of the
Federal Protective Service on the date of the enact-
ment of this paragraph, be made without regard to
any requirement that the employee have completed a
minimum period of one or more types of service be-
fore the date of transfer.’’.
(2) DEDUCTIONS, CONTRIBUTIONS, AND DEPOS-
ITS.—Section 8334 of title 5, United States Code, is
amended—
(A) in subsection (a)(1), by striking ‘‘or
nuclear materials courier,’’ and inserting ‘‘nu-
clear materials courier, or Federal Protective
Service Officer,’’; and
(B) in subsection (c), by adding after the
item relating to a nuclear materials courier the
following:
‘‘Federal Protective Service Officer ..........
7.5 .......
After the date of the en-
actment of the Ron-
ald C. Sheffield Fed-
eral Property Protec-
tion Act of 2002.’’.
(3) COMPUTATION OF ANNUITY FOR CERTAIN
OFFICERS
MANDATORILY
SEPARATED.—Section
8339 of title 5, United States Code, is amended by
adding at the end the following:
‘‘(v) The annuity of a Federal Protective Service Offi-
cer retiring under section 8335(e) is—
‘‘(1) 21⁄2 percent of the officer’s average pay
multiplied by so much of his total service, performed
as a Federal Protective Service Officer or law en-
forcement officer, as does not exceed 20 years; plus
‘‘(2) 2 percent of the officer’s average pay mul-
tiplied by so much of his total service as exceeds the
number of years of service taken into account under
paragraph (1).’’.
(4) 
IMMEDIATE
RETIREMENT.—Section
8336(c)(1) of title 5, United States Code, is amend-
ed by striking ‘‘or nuclear materials courier’’ and in-