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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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 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 com-
mitted 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 Adminis-
trator or against persons on such property.
‘‘(3) APPROVAL OF REGULATIONS BY ATTOR-
NEY GENERAL.—The additional powers granted to
police officers under paragraph (2) shall become ef-
fective 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
PROP-
ERTY.—The Administrator may enter into agree-
ments with State and local governments to obtain
authority for police officers appointed under this sec-
tion 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 Adminis-
trator.’’; 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 pro-
vided 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 police-
men’’ each place it appears and inserting ‘‘special
agents’’;
(2) by striking ‘‘special policeman’’ and insert-
ing ‘‘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 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) 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 Ad-
ministrator (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 Commis-
sioner 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 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.’’.
(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 em-