I
107TH CONGRESS
1ST SESSION
H. R. 2898
To amend the Acts of June 1, 1948, and July 5, 1994, to provide for
reform of the Federal Protective Service, to enhance the safety and
security of Federal, State, and local employees, members of the public
at airports with any facilities under the control of the General Services
Administration, or airports under the control of the Federal Aviation
Administration, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 14, 2001
Mr. TRAFICANT introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittee 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 Acts of June 1, 1948, and July 5, 1994,
to provide for reform of the Federal Protective Service,
to enhance the safety and security of Federal, State,
and local employees, members of the public at airports
with any facilities under the control of the General Serv-
ices Administration, or airports under the control of the
Federal Aviation Administration, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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TITLE I—FEDERAL AIRPORTS
SECURITY ENHANCEMENT ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Federal Airports Secu-
rity Enhancement Act’’.
SEC. 102. ESTABLISHMENT OF AIRPORT SECURITY COM-
MITTEES.
The Act of July 5, 1994 (49 U.S.C. 44935), is
amended—
(1) by striking section 44901 subparagraph (b)
and inserting the following:
‘‘SEC. 103. EMPLOYMENT STANDARDS AND TRAINING.’’.
(2) by striking section 44935 subparagraph (b)
and inserting the following:
‘‘(a) REVIEW
AND RECOMMENDATIONS.—The Ad-
ministrator of the Federal Aviation Administration shall
establish Security Committees at each airport location to
be composed of representatives of the air carriers, airport
operators, other interested parties and at least one rep-
resentative from the Federal Protective Service, the Fed-
eral Bureau of Investigation, The Federal Aviation Ad-
ministration and one member from each local jurisdiction
that the airport may be located in or that may have juris-
dictional authority for the airport facility. Each Airport
Security Committee shall meet at least quarterly and shall
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make recommendations for minimum security counter-
measures to the Administrator. The Federal Protective
Service shall have primary responsibility for conducting on
an ongoing basis security surveys and formulating rec-
ommendations to the Security Committee. The Adminis-
trator shall prescribe appropriate changes in existing pro-
cedures to improve that performance.’’.
SEC. 103. SCREENING PASSENGERS AND PROPERTY.
The Act of July 5, 1994 (49 U.S.C. 44935), is
amended by striking section 44901, subparagraph (a), and
inserting the following:
‘‘(a) GENERAL REQUIREMENTS.—The Administrator
of the Federal Aviation Administration shall prescribe reg-
ulations requiring screening of all passengers and property
that will be carried in a cabin of an aircraft in air trans-
portation or intrastate air transportation. The screening
must take place before boarding and be carried out by a
weapon detecting facility or procedure used or operated
by an employee or agent of the Federal Protective Service.
The Administrator—
‘‘(1) shall require that sufficient Federal Police
Officers are posted at airport facilities to provide pa-
trol duties during all hours of operations as well as
supervise screening personnel;
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‘‘(2) shall maintain sufficient numbers of Spe-
cial Agents to provide necessary investigative and
supervisory capability; and
‘‘(3) shall obtain all necessary personnel and
authorization from the Administrator of the General
Services Administration.’’.
SEC. 104. DESIGNATION OF POLICE OFFICERS.
The Act of June 1, 1948 (40 U.S.C. 318–318d), is
amended—
(1) in section 1 by striking the section heading
and inserting the following:
‘‘SEC. 2. POLICE OFFICERS.’’;
(2) in sections 1 and 3 by striking ‘‘special po-
licemen’’ each place it appears and inserting ‘‘police
officers’’;
(3) in section 1(a) by striking ‘‘uniformed
guards’’ and inserting ‘‘certain employees’’; and
(4) in section 1(b) by striking ‘‘Special police-
men’’ and inserting the following:
‘‘(1) IN GENERAL.—Police officers’’.
SEC. 105. POWERS.
Section 1(b) of the Act of June 1, 1948 (40 U.S.C.
318(b)), is further amended—
(1) by adding at the end the following:
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‘‘(2) ADDITIONAL POWERS.—Subject to para-
graph (3), a police officer or Special Agent ap-
pointed 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;
‘‘(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) 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
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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:
‘‘(A) The Administrator will in coordina-
tion with the Administrator of the Federal
Aviation Administration confer the powers
granted to such officers under this section in
areas under the charge and control of the Ad-
ministrator of the Federal Aviation Administra-
tion.’’; and
(2) by moving the left margin of paragraph (1)
(as designated by section 202(4) of this Act) so as
to appropriately align with paragraphs (2), (3), and
(4) (as added by paragraph (1) of this subsection).
SEC. 105. 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 policemen’’ and insert-
ing ‘‘special agent’’; and
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(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. 106. 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 SERV-
ICE.
‘‘(a) IN GENERAL.—The Administrator of General
Services shall establish the Federal Protective Service as
a separate operating service of the General Service Admin-
istration.
‘‘(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.
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‘‘(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.—
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‘‘(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-
graphs (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. 107. PAY AND BENEFITS.
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.
‘‘(a) SURVEY.—The Director of the Office of Per-
sonnel Management shall conduct a survey of the pay and
benefits of all Federal police forces to determine whether
there are disparities between the pay and benefit of such
forces that are not commensurate with differences in du-
ties of working conditions.
‘‘(b) PAY SCHEDULE.—The Director of the Office of
Personnel Management shall in connection with the survey
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conducted in subsection (a) produce a pay and benefit
schedule for employees of the Federal Protective Service
to be contained in the findings and recommendations.
‘‘(c) REPORT.—Not later than 6 months after the
date of the enactment of this section, the Director shall
transmit to Congress a report containing the results of
the survey conducted under subsection (a), together with
the Director’s findings and recommendations.’’.
SEC. 108. 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.
‘‘After the 1-year period beginning on the date of the
enactment of this section, there shall be at least 1,000
full-time equivalent police officers in the Federal Protec-
tive Service to be assigned to areas outside of airport oper-
ations. This number shall not be reduced unless specifi-
cally authorized by law. The Administrator of the General
Services Administration and the Administrator of the Fed-
eral Aviation Administration shall jointly determine full
time equivalent number of Police Officers and Special
Agents assigned to airport security and law enforcement.’’.
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SEC. 109. 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.
‘‘(a) IN GENERAL.—The Commissioner of the Fed-
eral Protective Service shall prescribe minimum standards
of suitability for employment to be applied in the con-
tracting of security personnel for buildings and areas that
are owned or occupied by the United States and under
the control and charge of the Administrator of General
Services:
‘‘(1) CONTRACT COST.—The Commissioner of
the Federal Protective Service shall conduct a cost
analysis on each security personnel supply contract
to determine if the use of personnel directly em-
ployed by the United States would be more cost ef-
fective for use in buildings and areas that are owned
or occupied by the United States and under the con-
trol and charge of the Administrator of General
Services. The Commissioner of the Federal Protec-
tive Service may not use the prescribed cost analysis
for purposes of reducing the number of Police Offi-
cers with the Federal Protective Service’’.
SEC. 110. AUTHORIZATION OF COST RECOVERY.
The Administrator of the General Services Adminis-
tration is authorized to recover all direct and indirect costs
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associated with airport security operations under this Act
from the Federal Aviation Administration:
(a) OPERATIONS
COST
RECOVERY.—The Ad-
ministrator of the Federal Aviation Administration
is authorized to recover costs associated with en-
hanced security operations from the airport authori-
ties and air carriers where such entities are cur-
rently providing services that would be replaced by
the requirements in this act in such matter as may
be determined by the Administrator.
(b) The Administrator of the Federal Aviation
Administration may recover all direct costs of en-
hancements required by this act where such per-
sonnel or services do not currently exist and no ap-
propriation is available from airport authorities and
air carriers in such manner as the Administrator
may determine.
SEC. 111. AUTHORIZATION OF APPROPRIATIONS.
The Act of June 1, 1948 (40 U.S.C. 318–318d), is
further amended by adding at the end the following:
‘‘SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
‘‘There is authorized to be appropriated from the
Federal Buildings Fund established by section 210(f) of
the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 490(f)) and from the Federal Aviation
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Administration such sums as may be necessary to carry
out this Act.’’.
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